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Shafer View Terrace H-2020-0117 Development Agreement (2021-102396) EE ADA COUNTY RECORDER Phil McGrane 2021-102396 BOISE IDAHO Pgs=60 CHE FOWLER 07/07/2021 10:16 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Shafer View North LLC, Owner/Developer TNT DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 6th 'day of July _, 2021, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Shafer View North LLC,whose address is 5356 N. Troon Pl.,Boise,ID 83713, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract of land in the County of Ada, State of Idaho,described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§ 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 40.48 acres of land to the R-2(Low Density Residential)zoning district and R-4 (Medium Low Density Residential) zoning district on the property listed in Exhibit"A",under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the DEVELOPMENT AGREEMENT—SHAFER VIEW TERRACE(14-2020-0117) PAGE 1 of 7 0 Item#13. C ity of Meridian planning jurisdiction, and includes further testimony and comment; and 1 * 7 WHEREAS, on the 15th day of June, 2021 , the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and order ("Findings"), which have been incorporated 4b into this Agreement and attached as Exhibit "B"; and 1 , 8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final Plat,- and . 9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1910 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in. accordance with. the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian an. December 19 , 2019, Resolution No. 19-2179, and the UDC, Title I 1 .9 NOW, THEREFORE, in cons ideration of the covenants and conditions set forth herein, the parties agree as follows : 2 • INC()RPORATION OF RECITALSo That the above recitals are contractual and finding and are incorporated herein as if set forth in fall. 3 • DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein. provided for., unless the dear context of the presentation of the same requ6 ires otherwise : 3 . 1 CITY: mans and refers to the {City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway A-venue, Meridian, Idaho 83642 , 3 .2 OWNER/DEVELOPER: means and refers to Shafer View North LLC, whose address is 5356 N. Troon Pl . , Boise, ID, here4P inafter called O"ER/DEVELOPER, th e p arties that own said Property and shall include any subsequent owners'') and developer �(s) of the Property. 10, DEVELOPMENT AGREEMENT - SHAPER VIEW TERRACE (H-2020-0117) PAGE 2 OF 7 Page 213 Item#13. 363 PROPERTY.* means and refers to that certain parcel(s) of Property located in the County of Ada, City of Merid ian as in Exhibit "A" describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 40 USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Properly in accordance with the tens and conditions of this Agreement. 4. 1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC . 462 Na change in the uses specif ed in this Agreement shah be allowed without modification of this Agreement. 50 CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROP.ERTY : 5 . 1 . Owners and/or Developer shall develop the Property in accordance with the following special conditions : a. Development of the subject property shall be generally consistent with the preliminary plat, phasing plan, landscape plan and conceptual building Is elevations contained in the Staff Repot that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B". b. A I 0-foot wide multi-use pathway is required to be constructed along S . Meridian Road/SH-69 in a public use easement in accord with UDC 11 -3H- 4C -4. c. Noise abatement is required to be provided within the street buffer along S . Meridian Road/SH-69 in accord With the standards l isted in UDC 11 -3 H-4D. d. A final play shall be recorded that includes Lot I , Block 7 prior to any development occurring on the property. e . The developer shall construct a northbound right-turn land on S . Meridian Road/SH-60 onto E. Quartz Creek Street prior to issuance of the first building; permit in the first phase of development in accord with ITD standards. 6 . CQMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findzng� for th e annexation and zoning or i� is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 701 Acts of Default. Either party' s failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7*2 Notice and Cure Period. In the event of Owner and/or Developer' s default of this Agreement, owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the DEvELopwNT AGREEMENT -- SHAPER VIEW TERRACE (H-2020-0117) PAGE 3 OF 7 Page 214 Item#13. breach and cure the default, which action must be prosecuted with diligence and comIt pleted within one hundred eighty ( 180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty ( 180) day period, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with dili gence and continuity. 7 . 3 Remedies . In the event of default by Owner/Developer thatis not cured after notice as described in Section 7 .2, Owners and/or Developer shall be deerned to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City compliance with all applicable laws, ordinances and rules, including and applicable provisions of Idaho Cede § § 67-6509 and 67-6511 . Owner/Developer reserve all rights to congest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specif c performance of the covenants, agreements, conditions, and obligations contained herein. 794 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that ��.re beyond the reasonable control of the party responsible for such performance, which shad include, without limitation, acts of civil disobedience, strikes or s imilar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. g • INSPECTIQN: Owner/Developer shad, immediately upon completion of and portion or the entirely of said development of the Propel as required by this Agreement or by C11 ity ordinance or policy, notify the City Engineer and request the City Engineer' s inspections and writtiCk.n approval of such completed improvements or portion thereof in accordance with the terms atid conditions of this Agreement and all other ordinances of the City that apply to said Property. 90, .REQUIREMENT FOR RECORDATION: City shah record this Agreement, including all of the Exhibits, and submit proof of such recording to owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the pit y Council fails to adop t the ordinance in connection with the annex ation and zoning of the Properly contemplated hereby, the C ity shall execute and record an appropriate instrument of release of this Agreement. DEVELOPN/iENTAGREEMMNT - SHAPER VIEW TERRACE (H-2020-0117) PAGE 4 OF 7 Page 215 Item#13. lot ZONING : City shall, following recordation of the duly approved Agreement, enact a 1* val '1 d and binding ordinance zoning the Property as specified herein. lie SURETY OF PERFORMANCE : The City may also require surety bands, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the 4 UDC , to insure theinstallation of required improvements-, which the Owners and/or Develop er agree to provide, if required by the City. 120 CERTIFICATE OF OCCUPANCY.* No C rtifi cafes of Occupancy shall be issued in any phasein whic h the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is prov ided by Owner/Developer to the City in accordance with Paragraph I 1 above. 13 * ABIDE BY ALL CITY QRDINANCES : That Owner/Developer agree to abide by all ordinances of the City of Men" dian unless otherwise provided by this Agreement. 14 .0 NOTICES : Any notice desired by the parties andlor requir 4kd hey this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Maid, registered or certified mail, postage prepaid, return receipt requested, addressed as follows . CITY: with copy to * City Clerk City Attorney City of Meridim Ci ty of Meridian 3 3 E - Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER, Shafer View North LLC 5356 N. Troon Place Boise, ID 83713 14 . 1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section . 150 ATTORNEY FEES : Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court cots and reasonable attorney s flees as determined b y a Court of competent jurisdiction. This provision sh a ll be deemed to b a separate contract between the parties and shad survive any default, termination or forfeiture of this Agreement. 16 ., TIME IS OF THE ESSENCE : The parties hereto acknowledge and agree that time is strictly of the essence with respect til each and eve ry term, condition and provis ion hereof, and that the failure to timely perform any of the obli gations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 170 BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties ' respective heirs, successors, assigns and personal representatives, DEVELOPMENT AGREEMENT - SHAPER VIEW TERRACE (H-2020-0117) PAGE S OF 7 Page 216 Item#13. including City' s corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners and/or Developer, t cute appropriate and recordable evidence of termination of this Agreementif City, in its sole and reasonable discretion, had determined that Owners and/or Developer have fully performed their obligations under this Agreement. -I S . INVALID PROVISION : If any provision of this Agreementis held not valid by a court of competent jurisdiction, such provision shal l b deemed to b excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19 , DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party 11 Shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20 , GOOpERATI4N OF THE PARTIES : In the event of any legal or equitable action or other proceeding instituted by any th ird p (including a governmental entity or official) Challenging the validity of any provision in phis Agreement, the parties agree to cooperate in defending such action or proceeding. 2 1 • FI.NAL AGREEMENT : This Agreernen� sets forth all promises, indueements, agreements, condition and understandings between Owner/Developer and City relative to the sub ect matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are sated herein, Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in i nterest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21 . 1 No condition governing the uses and/or condi tions governing re-zoning of the subj ect Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice prov is ions prov ided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22 . EFFECTIVE DATE OF AGREEMENT : This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. fiend of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - SHAPER VIEW TERRACE (H-2020-0117) PAGE 6 OF 7 Page 217 Item#13. ACKNOWLEDGMENTS IN WITNESS WHEREOF., the Par��es have herein executed phis agreement and made it effective as hereinabove provided. OWNER/DEVELOPER, Shafe iew NorLLZ Y: Its ' M r1 � � - ��� �� ��- CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 7-6-2021 Chris Johnson, City Glerk 7-6-2021 STATE OF IDAHO ) ss : County of Ada ) On this �s'�'day of V41 ej , 20214e4rS fore me, the undersigned, a Not Public eta and for said d Stag., pe rsonally appeared G5 �/1. known or identified to me to be the OMAA111 of Shafer View North LLC, and the person who signed above and acknowledged to me that he e cuted the same on behalf of said entity. IN WITNESS WI-IEREOIF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ov % 111111001OTAL �� (SEAL) �•�• ��T'�� �••., -� Notary b1fic for o� - ;= REG # 81474 ': do Residing; at:INN MY Comm My Comniksion Expires: 14 It IV EIS411 ,. STATE OF IDAHOSS } '• • County of Ada } 4''��� OF ��llfflt1t%% On this 6th day of i u I , 2021 , before me, a Notary Public, personally appeared Robert E. Simpson and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN FITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian , Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT - SHAPER VIEW TERRACE (H-2020-0117} PAGE 7 OF 7 Page 218 Item#13. Exhibit A Annexation Legal Description & Exhibit Map ON . .��_'- ` SE III?' YIf r il,41"�1I13 1, $tAA ,Z� Annexation farad Description A parcei of farad being a portion of the North Ftclf of Oti-arter of Section 31, Township 3 North,Range 1 East of the Braise M eridiara,Ada County,Idaho and all of LDt 4,dock 1 of Shafer Vievv Estates 5ubdivi5imi as recorded in Book 64 of Plats at Pages 9403 and 94+04, Recwi&oaf Ada Courtbj,said parer';is locati-id in the Ntail Ralf of the SoutfiwestQua rterof Section 31,Tovtnship,North,Range 1.Ea5t of the Boise Meridian,lido County,Idaho,lreiDF� more prOCUlWiy de;a;rifl d M frslfOW. ; OEGtPdNING at the found aluminum cap monumetnt atthe Quarter Cornerrommon to Section 11,TN,RIF.and Sectmn�xj, T3N,R1W as p&pet€sated by docoment 103052680,Records of Ada County.from which the found brass rap at the tcrvn-ihip cr'mer r-ammon to Towrnhip 3 NW01,AM U--5 1 i_ast Ond 1 West,and 2 North,Rang(-,5 1 Ea5t and 1 West as p�,rpttuatvd by document 2019-a15474,Records of Ada County near 5 00'05'17"E a distance of.2669.99 feet; Thence N 89'S7'IS'E along the mid-section lime for a distance of 2.507.75 feet to the ciort:heast coe'rrea of said Lot 4; Thence 5 00"17'0'W along the easimly line of said Lot 4 frar 4[_j5tanc e of 1342.4t3 reet; Thence alone;[dire southerly boundary of:,aid Lot 4 the following 6 courses and distances: 1.) N PT 52'35"W for a ds;zance of 130.40 feet; 2_) N 23`55'33"W for a distance of 170.53 feet; 3,) N 16`3.5,10"W for a dl 5t-,ince.of 254M feet; 4,) N 14`4 Y 14"W for a distance of 194.52 feet; 5_j N 31"29'55'W for a distance of 113.67 feet; 6.) W 99"14'4T'W for a distance of 14-1-74 feet; Tlrence 5 3d"28'44."1iu frsr a distance of 1(M43 iePT t4 the rpnterline of F.Shafer Viaiv Drive; 1-hence N 55'28'413"W along said centerline'for a distance:of 100,09 feet; rlience leavd.ngsaid co-meline N 34`41`11"E for a disc fnce of 10T53 fcM-, Thence alangthe southerly boundar xof said Lot 4 thefol'Imaing 15 courses and distances: 1.) N Gut"09'19"E far a distance of 90.81fvet; 2.) OI 26"42'26"W for a distance,of 95,32 feet; 3.) N 5G"39'37"W for a distance of 87.95 feet.- 4.) N 75"35'35"W for a distance of N_e R fee:, I 102 4' Hags St jigle 3U6.P.�arse,IU if3i 02-Phone:204.4 96-4217 l.nwr ac:urales urtrey era corn Shafer View Terrace H-2020-0117 Page 219 Item#13. r ACCU 1E ROOM U F 11 E y I M �i r 1'14 S.) N 96'33' 28"W fora distance of 185.49 feet; 6.) S 71'44'26"W for a distance of 113.88 feet; 7 ) S W 59' 78'W for a distance of 11230 feet; 3,) N 76'5 2'47"W for a distance of 2 11),54 feet; 9.) S 78'3 V 59"W for a distance of 45-73 fe ct; 10.) 5 51-53'13-W for a distance of 147.64 feet; 11.1 S 65-24'SY'W For a distame,of 258.22 feet; 11) 5 17'39'49'W for a distance of 98.75 feet; 13,) 5 03'51)'33"E for a distance of 50,00 feet; 14.) 88-38 feet along the are of a 275.00 foot radius curve right bavhig a central angle of 18'24' 12j'and a long chord bearing N 84"38' 15"W a distance of 88.00 feet; 15,) S 28'48'47"W for a 0 tanCe of 296.91 feet to the camerlina of E.Shafer View Drive; Thence along said centerline the following 4 courses and distances', 1,) 103.63 feel along Lhe are of a 500M foot radius curve right having a central angle of 11'52'28"and a lorig,chord karing N 470 59'54" W for a distance of 103,44 feet; 2.) N 42'01'36" W for a distance of 107.12 Feel; a.) 83,86 feet along the art of a 1M.00 foot radius ctkrve left having a renlral angle of 48'02'45' and a long chord bearing N 66'02'58"W-a distance of 81-42 feet; 4,) 5 89'55'39'W for a distance of 2113-88 feet to the section line; Thence N G0'05' 17" W Mong the seeflon line for a distance of 902-03 feet to the REAL POINT 01F SEGINNIKS, Parcel contains.40,483 acre5.,more or less- Cr 1602 W. Hays St, Suite 3W Boise 10 83702 - Phone.209-40-4227- Item#13. AIVIVHXATIOIV MAP PARCEL LYING IN THE N 112 OF THE SN 114, SECTION 31, T.3N., R.I E., B.M. 38 1 31 r�s$t n. os&o�a N 83`57'18" £ 2507.75' LOT 4 BLOCK 1 SHAFER VIEW ESTATES TES 40.a8Ji ACMES F�yi ^ L1a 06 L14 L1g SCALE: 1 =300' � z � f L22 " r� L25 C3 ^� C 1 Ca o '.OTF' 31 F Srf-FT F[7R l � L 1 LEGEND ANNEX BOUNDARY ��� t � ACCURATE —————— ———— SECTION LINE" T,3N f?1 ylF,J6i 31 T3N R2YV f J FOUMO .3 1/2" BRASS CAP MONUMENT !� T2N R 1'W 1 B 12N R21Y � { ) � 1602 W.Hays SV2eC 9306 � — ———— FOUND 2" ALUMINUM CAP y ,� � Baisc,Fdaho 83702 CPCF W3T nb. [208;4a8 42V CALCULATED POINT s �" v:tivw.accuratesunnyors,com �RVI� SHEET 1 OF 2 J05 20-227 Page 221 ttem#13. EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW E IDIAN:-� AND DECISION & ORDER In the Matter of the Request for Annexation of a Total of 40.48-Acres of Land with R-2 (10.66 acres) and R-4 (29.82 acres) Zoning Districts; and Preliminary Plat Consisting of 50 Buildable Lots and 10 Common Lots on 39.01-Acres of Land in the R-2 and R-4 Zoning Districts for Shafer View Terrace Subdivision,by Breckon Land Design. Case No(s). H-2020-0117 For the City Council Hearing Dates of: March 9,April 13,May 18, and,tune 1,2021 (Findings on June 15,2021) A. Findings of Fact l. Hearing Facts(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) 3. Appiication and.Property Facts(see attached Staff Report for the hearing date of June 1,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of.Tune 1, 2021,incorporated by reference) B. Conclusions of Law I. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 1 I Meridian City Code,and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the conunent(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-0117 -I Page 223 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 1,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for Annexation&Zoning and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of June 1, 2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat,or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat,combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. 1f the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-01 l7 -2- Page 224 Item#13. agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6) month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 1,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-01 l7 -3- Page 225 Item#13. By action of the City Council at its regular meeting held on the 15th day of June 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 6-15-2021 Attest: Chris Johnson 6-15-2021 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: Dated: 6-15-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR SHAFER VIEW TERRACE—AZ,PP,PS H-2020-01 l7 -4- Page 226 Item#13. EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING June 1,2021 Legend DATE: Continued from: March 9, April 13. and May 18, 2021 !!_ TO: Mayor&City Council FROM: Sonya Allen,Associate Planner �i 208-894-5533 SUBJECT: H-2020-0117 Shafer View Terrace—AZ,PP ` LOCATION: East side of S. Meridian Rd./SH 69, - midway between E. Amity Rd. and E. ; Lake Hazel Rd.,in the SW =/4 of Section 31,T.3N.,R.1 E.(Parcels#R7824220044 ---- + &#R7824220042) �, ,y I. PROJECT DESCRIPTION Annexation of a total of 40.48 acres of land with R-2 (10.66 acres) and R-4(29.82 acres)zoning districts;and Preliminary Plat consisting of 50 buildable lots and 10 common lots on 39.01 acres of land in the R-2 and R4 zoning districts. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 39,01 acres Existing/Proposed Zoning RUT in Ada CountylR-2 and R-4 Future Land Use Designation Low Density Residential(LDR)(3 or fewer units/acre) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR) Lots(#and type;bldg./common) 50 buildable lots/10 common lots Phasing Plan(#of phases) 2 phases Number of Residential Units(type 50 SFR detached dwellings of units) Density(gross&net) 10� 1.76 units/acre(gross);3.30 units/acre(net) Open Space(acres,total 5.26 acres(or 18.55%)overall common open space—4.05 [%]Ibufferlqualified) acres(or 14.27%)of which is qualified open space Amenities Multi-sport court,tot lot,gazebo shade structure,multi-use pathway Physical Features(waterways, The McBirney Lateral runs along the southern boundary f Wards,flood plain,hillside) and through the western portion of the site. Another — Page I Page 227 Item#13. UescrF tion DetaUs Page waterway exists on the eastern portion of the site between the proposed R-2 and R-4 zoned properties. Neighborhood meeting date-,#of 10113120: 14 attendees attendees: History(previous approvals) This property was previously platted as Lot 4,Block 1, Shafer View Estates,developed in Ada County and recorded in 2002(Bk.84,Pg.9403). It was deed restricted and was only allowed to be used for open space as defined in the non-farm development section of the Ada County code and the planned development section of the Ada County code for a period of not less than 15 years from die recording date of the subdivision plat. This property was originally proposed to he annexed with the adjacent Apex de►ielopmen r but was later withdrawn. B. Community Metric~ De.scri lion Details P Ada County Highway District • Staff report(yes/no) Yes(draft) ■ Requires ACHD No Commission Action (yes/no) Access Access is proposed via E.Shafer View Dr.,local street,and E. (Arterial/Collectors/State Quartz;Creek St.,collector street HwyfLocal)[Existing and Proposed] Traffic Level of Service ACHD does not set LDS thresholds for state highways. Stub No stub streets exist to this property and no stub streets are StreetllnterconnectivitylCros proposed to adjacent properties. s Access Existing Road NetWork S. Meridian Rd.ISH-69 exists along the west boundary and E. Shafer View Dr.exists along the south boundary. Existing Arterial Sidewalks 1 No sidewalks or butters exist along S.Meridian Rd.ISH-69,a Buffers state highway,or E. Shafer View Dr..a local street Proposed Road Capital"provements Plan(CIP]r Integrated Five Year Work Plan tiFYWPJ: r Tlie inlefseCllon of Amity Road and Meridian RoadrSH-69 is IlrtWd in me CIP ID be'A ldened Improvements to 6-lanes on the north leg.61anas on the South.7-4anes on the east,and I-lanes on the west leg.and signalized between 2031, 15- The interssetton of Lake ftazsi Road and Mendlen Roa"H-69 is listed in the CIP Iv br wd ried to 6-lanes nn the norm leg.e4ianas on Ina south,7-lanes on the east and planes on the west leg.and signalized benveen 2036-2(MC- • Amity Road is listed in ltw CIP to be widened 0 5•tanes froth Meridian RoadQSH•69 to t-dcusl Grove Road belween 203t9.2040. LAke Hazel Read is baled in the CIP la be widened to 3-lanes from Under Road Id Meridian R6sd)SH-69 between 2036-2440. • }..eke Hanel Road l9 listed In Ine CIP to be widened to 5-lanes from Meridlan Rd4dISH-69 to tmust Grove Road between 2036-W40. • Amity Road Is scheduled in lee IFYWP for pavernent reriabilitahon and pedearnan ramp conslrucGon from Meridian RoadrSH-69 W L=&L Grove Road In 2022, Fire Seance a Distance to Fire Station 3.5 miles . Fire.Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#6 -can meet response time goals • Resource Reliability 87"fie-does meet the target goal of 80%or greater Page 2 Page 228 Item#13. Description Details P ■ Risk Identification 2—current resources would not be adequate to supply Service (open waterways) fe Accessibility Project meets all required access,road widths and turnaround. ■ Special/resource needs Project will not require an aerial device; can meet this need in the required timefrafne if a truck company is required. ■ Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. ■ Other Resources Police Service ■ Distance to 4 miles Police Station ■ Police Response The average emergency response time in the City is just under 4 minutes meets Time target goal of 3-5 minutes) Meridian Police Department-Shafer View North touleo-of rtew development- East of ft Mef Ia-an Ad Between!An illy Fri 3 E lade rfaeei 1,141 Tlme Frame- 43/41/Z019-12/31/2020 teveI of 5ervrce ILOS)-Delivered By Reporting Qisiritt;RD-M7771 Calls for Safvice ICMJ:ftesponsr times: DIspatch to Arrival(all units) Average Response Times by Priority: 'City of Meridian' Priority 3 fropf+ryrrr+-r..?h.n d t,$—rro"I 343 Prrrvity 2 1Mk1 G-VO 05 WONR8 m 10MWV4asl f 11 priaMy 2*Ae v 6go d hyrhm is fV V r•AMKw it 37 r'.vvra Ke Response Times by Priority."I M PnoMry 3 5:42 Prro0ey 2 11:43 priority 2 8-36 Calls for Seryrte ICF51-faIts occurring In RD'M77r CFS Count toloe 55 76 of Calls far Service xplit by priority in'M777' of V.ofa2 m is s'x %of Yl CFS 13.6% b of Pa Crs 0-MI• crimes Crime Caern!rdmf 22 {rashes 'Crash Count Total 46 Analyst Note isl: Response rime and Calls for Service({FSI by PriMitY-Most frequent pnonty call types; •P her sty 3 0115 inVIAVind Sdblesl at She DAtw. •Priority 2 calls most frequently invoked Traffic Stops.Stalled vehicles.and Welfare Cirimb(411 Hartg Llpsi. •Priorlry:calls ma:i trequentIV invoked No Comart order Report,VIN InspWions,and Cltimn Asslsrs. creme urred�t�] Masi f enurnt crimes fn"Iytt •odymg Undty t.ho InRuence,and •Lsau6r Law Viotations{open C4nrdlnor IPrvarl,AWholk Rovera®e Pbfselslen Under Age 21.Rot-).aqd •DfLWJNefcahr Vi41.1tlansfpoeaebsian ofMarlmana), 'Crashes Most frequent crashes were; •413'lr,lnlUry type crashes, •25,1%property damage mpvfis,and •32.6%nor.-reportable trashes, Prl6rl�Rr�}o8ris�Times prlMrd-_ Peiprky 0 type caH:are Ise 4nerlty roo of caiii Priority 3 pv"c,r1ls aft For non-rn7rrgfrxV tsw of fA11%whpf*Ih►n1f1W Will rrnw it rhr ewrlrrsi runv.nWK0,anfl rnAl$CO".r{I "alrk layA. Priority 2 type calls require an urgent"%puns&where the efhoer will arrive as won as pracdca 1,and should obey all traffic Uwv Pnorlty 3 type calls are ari enrerger;y response In wbicil tiro lights and sr"and drpong::i authiamed for an emergency veil role W I laho Cade to Ianlit are tloe quick and We arrival of ae vflir-er to the scene. West Ada School District o Distance(elem, ms.hs) Page 3 Page 229 Item#13. ■ Capacity of fomllme Miles Schools Mary McPherson Elementary• 491• 675 1.3 #of Students Victory Middle School 868 low 2.8 Enrolled Mountain View High School 2218 2175 3.9 'Enrollment number 4 estimated for the 2021-ZOZZ school year based on current enrollment and future growd+in the respective attendance area.It reRwschanges made to the Mary McPherson Elementary attendance area. e #of Students Predicted from 35 school aged children predicted from this development by WASD. this development Wastewater ■ Distance to Directly adjacent Sewer smices * Sewer Shed South Black Cat Trunk Shed ■ Estimated Project See application Sewer ERU's WRRF Declining 14.42 Balancc a P.roj ect Yes Consistent with WW Master Plan/Facility Plan ■ Impacts/concerns ■ Flow is committed o See Public Works Site Specific Conditions Water . Distancc to Water Directly adjacent Services ■ Pressure Zone 5 Estimated Project See application Water ERU's ■ Water Quality None ■ Project Yes Consistent with Water Master Plan ■ im acts/Concems See Public Works Site Specific Conditions Page 4 Page 230 Item#13. C. Project Area Maps Future Land Use Map Aerial Map Legend `u"c legend ��Proiec'+Loco=.ten ,,,� � �Pro;eo+Luca is ti F, Medium Dons' 4 Residential }. MU-RG Mecl-liig'h enW Residential Toning Map Planned Development Map Legend I R! Legend 01 RUT— ■■ �P•oieclLeco=ocr 1 03Projec=Loco-ar -- � y_ I y R1 c,rty um R-$ 4 —Par redF� ce= R � - ffl RU•T R-4 �} I. RUT ' R-15 C-G ' z I,4 n - - - - r , RUT A. Applicant: Mary Wall,Breckon Land Design—PO Box 44465,Boise,ID 83711 B. Owners: James Chambers,39,LLC—5356 N.Troon PI., Boise,ID 83713 DWT investments,LLC—2929 W. Navigator Dr., Ste. 404,Meridian, ID 83642 C. Representative: Same as Applicant Page 5 Page 231 Item#13. III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 1 II.512021 2/19/2021 newspaper Notification mailed to property owners within 300 feet I11212U21 21 i�1202 i Applicant posted public hearing notice on site 1/21/2021 2/25/2021 Nextdoor posting t11212021 2/16/2021 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces,parks, trails and other appropriate means should enhance the character of the area. The proposed development consists of a total of 50 single-family detached dwellings on large lots [i.e. 12,000 square foot(s.f.)minimum] on 39.01 acres of land at an overall gross density of 1.76 units/acre,which falls within the density range desired in LDR designated areas. This property abuts a County subdivision,Shafer View Estates,to the south and will provide a transition to future urban properties to the north,zoned R-4 and.R-8. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian"s present and future residents."(2.01.02D) Only one housing type, single-family detached, is proposed which Staff believes is appropriate dare to the large lot sizes and density desired in LDR designated areas. The variety o,j lot sizes (i.e. 8,600-23,600 sf) proposed will provide for diversity in stvles ❑f homes, which Stuff believes will contribute to the variety of'housi►rg in the City to meet the preferences and financial capabilities ofMeridia►i:s present andfiature residents. "Pen-nit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City rater and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. ■ "Encourage compatible uses and site design to minimize conflicts and maximize use of land" (3.07.00) The proposed density and lot sues should be compatible with the rural residential horneslproperties to the south on 1+ acre lots in the Count.1,sand facture urban residential development to the worth and east in the Ct.'tj7 Page 6 Page 232 Item#13. • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development." (3.03,03A) The proposed development will connect to City water and sewer systems; services are required to be provided to and though this development in accord with current Citv plans. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval,and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Cite rater and sewer-services are available to this site and can be extended bIv tine developer with development in accord with UDC 11-3A-71, The emergency response times for Police Dept. and Fire Dept. meets the established goals. + "With new subdivision plats,require the design and construction of pathway connections.easy pedestrian and bicycle access to parks,safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01A) A 111.1oot wide multi-use pathway is proposed within the street baffler along S. Meridian Rd.ISH--69 as required b-v the Pathwa}?s Master Plan and UDC 11-3H-4C.4. A total of 4.05 acres ofquali ed open space is proposed along with qualiti,amenities (i.e. .sports court, gazebo, tot lot, multi-use pathw v). + "Evaluate comprehensive impacts of growth and consider City Master Plans and.Strategic Plans in all land use decisions (e.g.,traffic impacts,school enrollment,and parks)." (3,01.01A) Tire TraIf c Impart Studv(TYS) was not required by ACHD for-this development. WASD submitted comments stating that approximately 35 school raged children are estimated to be generated by this development,-enrollment at Alary McPherson Elementary School and Victor} Middle School is currently under capacity and Mountain View High School is over capacity,(see Section V11I.1).According to the Community Development's school impact analysis, enrollment at )Victory Middle School will be slightly over capacity at build-out of building perrrtits already issued in this area at 104%(Mary McPherson will be 95%and Mountain View will be 109%) (see Section VIIIJ). The closest Citv Park to this site is Discovery Park, consisting of 77-acres, to the southeast on E. Lake Hazel Rd., 1I4 mile east of'S. Locust Grove Rd. A_ifture Cihl Park is designated orz the FLUM within a halfmile of this site to the west. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities,and other best site design practices."(3.07.01 A) The proposed site design features a 1:1, 2:1 and 3:1 transition in proposed lots to existing Iots in Shafer View Estates to the south. These lots are separated by an existing 41;foot wide easenient.for•the McBirney Lateral which provides an adder)bu&-between rural lots and proposed r.trban lots. • "Require urban infrastructure be provided for all new developments,including curb and gutter, sidewalks, water and sewer utilities."(3.03.036) Urban sewer and water iniastructure and curb, gaper-and sidewalks are proposer)as required with this development. Page 7 Page 233 Item#13. In surr many, 5taffbelieves the proposed de►relopnient plan is generally consistent with the vision gf'the Comprehensive Plan per the analvsis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS UI A. Annexation: The proposed annexation is for 40.48 acres of land with R-2 (I0.66 acres)and R-4(29.82 acres) coning districts, which includes adjacent right-of-way to the section line of S. Meridian Rd.ISH- 69 and to the centerline of E. Quartz Creek St. A total of 50 residential dwelling units are proposed to develop on the site at an overall gross density of 1.76 units per acre consistent with the associated LDR FLUM designation for the site. Although the proposed density is more consistent with an R-2 (Low Density Residential)coning district,the Applicant requests R-4 in order to provide a transition in lot sizes between the existing rural residential subdivision to the south(Shafer View Estates)and the future urban residential subdivision approved to the north(Prevail Subdivision),zoned R-8. Larger lots are proposed adjacent to the southern boundary that gradually transition to smaller lots to the not-tit. The property is contiguous to City annexed land and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area along with individual legal descriptions and exhibit reaps for the R-2 and R--4 zoning districts are included in Section VIII.A. The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511 A. To ensure future development is consistent with the Comprehensive Plan and with the development plan proposed with this application, Staff recommends a new DA is required with this application,containing the provisions noted in Section VIII.A, as discussed below. B. Preliminary Plat: The proposed plat is a re-subdivision of Lot 4, Block 1, Shafer View Estates,developed in Ada County and recorded in 2002 (.Bk. 84,Pg. 9403).This lot was deed restricted and was only allowed to be used for open space as defined in the non-farm development section of the Ada County code and the planned development section of the Ada County code for a period of not less than 15 years from the recording date of the subdivision plat. The required time period has elapsed and the lot is now eligible for redevelopment. The proposed preliminary plat consists of 50 buildable lots and 10 corrutron lots on 39.01 acres of land in the R-2 and R4 zoning districts.The subdivision is proposed to develop in three(3) phases as shown on the phasing plan in Section VII.B. The first and second phases consist of 28.35 acres and is proposed to develop with 50 single-family detached homes at a gross density of 1.76 units per acre and a net density of 3.30 units per acre with an average lot size of 13,444 s.f.The third phase consists of 10.66 acres and is proposed to be platted as one large lot that will be developed at a later date under a separate application by the property owner. This portion of the site is under separate ownership from the rest of the site and was previously illegally split off; therefore. it's ineligible for development until included in a subdivision to create a legal lot for development purposes. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property other than a private drainage facility on Lot 6, Block 6. - Page 8 Page 234 Item#13. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted uses in both the R-2 and R-4 zoning districts per UDC Table 11-2A-2: Allowed Uses in the Residential Districts. Dimensional Standards (UDC Il-2j): Development of the proposed Iots is required to comply with the dimensional standards of the R- 2 district in UDC Table 11-2.4-4 and the R-4 district in (UDC Table 11-2A-5), as applicable. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3,including but not limited to streets and block face. Block faces are limited to 750' in length without an intersecting street or alley but may extend up to 1,000' where a pedestrian connection is provided as set forth in UDC 11-6C-3F.3. City Council may approve a block face up to 1,200' in length where block design is constrained by certain site conditions that include a large waterway orinrigation facility;block faces over 1,200 feet require a waiver from Council. A 90 degree tune in a roadway may constitute a break in the block face; however, overall pedestrian and vehicular connectivity will be considered when evaluating the appropriateness of block lengths greater than 750' in length—additional pedestrian and/or roadway connections may be required. The face of Block 3 exceeds 1,200' and does not provide a pedestrian connection other than the emergency access driveway which may serve as a pedestrian connection between the proposed subdivision and Shafer View Estates to the south. The Applicant requests City Council approval of the proposed block length due to existing site constraints that include the following: 1) the narrow configuration of the subject property; 2)the location of the McBirney Lateral, a large waterway/irrigation facility, that runs along the southern boundary and through the western portion of the proposed subdivision; and 3) the existing Shafer View subdivision that abuts the site to the south, south of the lateral,which does not include any pedestrian pathways or stub streets to this property. It not approved,the plat should be reconfigured to comply with this standard.An emergency access road.far Fire Dept. is proposed behveen the end of the cul-de-sac and E. Shaer View Rd. but it's not a public access. The cul-de-sac length complies with UDC standards. Access(UDC 11-3A-31 Direct lot access is proposed via E. Shafer View Dr., an existing local street along the southern boundary of the site, for the lots south of the McBirney Lateral; the lots north of the lateral will be accessed via two(2)accesses from E. Quartz Creek St., a planned collector street along the northern boundary of the site. The UDC(11-3A-3)restricts and limits access points to collector streets where access to a local street is available. Local street access is not available to the northern portion of the proposed development. Due to the configuration of the property, without the easterly second access,the cul-de-sac would exceed the maximum length standard of 500' allowed by the UDC(11-6C-3B. ).Therefore, Staff is supportive of the proposed accesses. An emergency access for the Fire Dept. is proposed between the cul-de-sac and E. Shafer View Drive. A public street connection is not proposed to E. Shafer View Dr. for several reasons, including the following: 1)residents in Shafer View Estates were strongly opposed to the connection; 2) modification to the McBirney Lateral would be necessary to design a public road in that location and the lateral is under the jurisdiction of the Bureau of Reclamation (BOR)and the process for modifications to their canal and an encroachment on their easement is very tithe consuming(i.e. 12+--months) with no guarantees of approval; 3) approval from Nampa-Kuna Page 9 Page 235 Item#13. Irrigation District would also be needed has they have irrigation piping located in this area as well;4) a public road through that area would require a new pump system for the Shafer View Estates irrigation system as the road would go through the existing pump system—moving the pump system would also require moving/modifying a large BQR irrigation pipe that feeds the irrigation pump station. and 5)the cost of design and irrigation infrastructure work required to put in a public road is estimated to be$100,000.00 to $150,000.00(see Applicant's gmianr-tion for more detail). For these reasons, Staff does not recommend a connection is provided. Access to the R-2 zoned portion of the site is anticipated to be provided from the east as that portion of the site is planned to develop with the Apex development to the east. Direct lot access via S. Meridian Rd./SH-69 and E. Quartz Creek St. is prohibited. Parking(UDC 11-3(1: Off-street parking is required to be provided in accord with the standards listed in UDC Table I I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. The proposed street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot. Staff is of the opinion sufficient parking can be provided for this development. Pathways(UDC 11-3A-8): A 10' wide detached multi-use pathway is proposed as required within the street buffer along S. Meridian Rd./SH-69 per UDC 11-3H 4C.4 and the Pathways Master Plan. The pathway is required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s)for Phase 1. If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Where the multi-use pathway is required along S. Meridian Rd./SH-69,the pathway may take the place of the sidewalk, A combination of attached and detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways(UDC 11-3A-17): Eight-foot wide parkways are proposed along all internal public streets where detached sidewalks are proposed.All parkways should be constructed in accord with the standards listed in UDC 11- 3.4-17E. Landscaping(UDC 11-3B]: A 35-foot wide street buffer is required adjacent to S. Meridian Rd./SH-69, an entryway corridor; and a 20-foot wide street buffer is required adjacent to E. Quartz Creek St.,a collector street,as proposed. Landscaping is required to be installed within the buffer per the standards listed.in UDC I 1-3B-7C,which require buffers to be planted with a mix of trees and shrubs, lawn, or other vegetative groundcover. Street buffer landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Common open space is required to be landscaped in accord with the standards listed in UDC I I- 3G-3E. At a II1ininninr, one tree per 8,000 square feet of common area is required to be provided along with lawn or other vegetative groundeover. Landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Landscaping is required adjacent to the pathway along S. Meridian Rd./SH-69 per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of the pathway planted with a inix of trees,shrubs, lawn and/or other vegetative ground cover. The Landscape Page 10 Page 236 Item#13. Requirements table should include the linear feet of pathway with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Landscaping is required within parkways per the standards listed in UDC 11-3,4-17 and 11-38- 7C. The Landscape Requirements table should include the linear feet of parkways within the development with the required vs.proposed number of trees to demonstrate compliance with UDC standards. There are existing trees on this site at the fronts of Lots 1-5, Block 6 along E. Shafer View Dr. If any of these trees are proposed to be removed, mitigation may be required per the standards listed in UDC 11-313-1 OC.5. Contact the City Arborist,Matt Perkins,prior to removing any trees from the site to determine mitigation requirements. Noise Mitigation{UDC 11-3H-4D]: Noise abatement is required for residential uses adjoining state highways as set forth in the standards listed in UDC 11-3H-4D. A 4-foot tall berm with a 6-foot tall solid wail by Simtek is proposed along S.Meridian Rd.as noise abatement as depicted on the detail on Sheet L1.0 of the Landscape Plan.Architectural elements are proposed to break up monotonous wall planes as required, A detail of the pro posed development.wall Mat demonstrates eomplianee with the stfindards lisied in UDG 11 3H 4D should he su hmtted with the final plat for the first phase of Depicted on the revised landveape plan. Qualified Open Space(UDC 11-3G'): A minimum of 10%qualified open space meeting the standards listed in UDC I I-3G-3B is required for developments over 5 acres in size. Based on the area of the plat,39.01 acres,a minimum of3.90 acres of qualified open space is required. A total of 5.26 acres(or 15.55%)of common open space is provided within the overall development,4.05 acres for 14.27%)of which is qualified per the standards in UDC 11-3G-3B. which exceeds UDC standards (see open space exhibit in Section VII.D). Qualified open space consists of half the street buffer along S. Meridian Rd.ISH-69, all of the street buffer along E. Quartz Creek St., 8-foot wide parkways, linear open space,and open grassy areas of at least 50' x 100' in area. Lot 9, Block 3 does contain a pond but it does not encompass more than 25%of the required open space area as required. The pond is required to have recirculated water and should be maintained such that it doesn't become a mosquito breeding ground as set forth in UDC 11-3G-3B.7. Qualified Site Amenities{UDC 11-3G1 A minimum of one(1)yualifed site amenity is required for developments over 5 acres in size and up to 20 acres,with one (1)additional amenity required for each additional 20 acres of development area. Based on a total of 39.01 acres of development area, a minimum of one(1) qualified site amenity is required. A multi-sport court,tot lot,gazebo shade structure and segment of the City's multi- use pathway system is proposed in excess of UDC standards. Storm Drainage: An adequate stonn drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engirncering Report for the subdivision. The preliminary plat depicts an existing private drainage facility and existing&proposed ACHD drainage facilities and easements. Page 1 1 Page 237 Item#13. Pressure Irrigation(UDC 11-3A-1S): Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21}: Utilities are required to be provided to the subdivision as required in UDC 1 1-3A-21. Waterways (UDC 11-3A-b7: The McBirney Lateral is a large open waterway that lies within a 41-foot wide easement along the southern boundary of the site and through the western portion of the site. Another waterway (38' wide) xists on the eastern portion of the site between.the proposed R-2 and R-4 zoned property witl4in., ►� e.. ,;ao xra rin a arrin o „• the Applicant verified with the Boise Proiect Board of Control that the waterway is not within an easement. This project is not within the flood plain. The UDC allows waterways such as this to remain open when used as a water amenity or linear open space as defined in UC 11-1 A-1; otherwise, they are required to be piped or otherwise covered per UDC l 1-3A-6B. The decision-snaking body may waive this requirement ifit finds the public purpose requiring such will not be served and public safety can be preserved. The Applicant is not proposing to improve the McBirney Lateral as a water amenity or linear open space but is proposing to install a 6-font tall wrought iron fence along the waterway to deter access to the waterway and ensure public safety.The Applicant requests approval of a waiver from Council to allow the waterway to remain open and not be piped. The Applicant states the Boise Project Board of Control opposes any improvements within their right-of-way.The other waterway should be piped or improved as a water amenity or linear open space as required. Fencing(UDC 11-3A-6 and 11-3,4-71: Ali fencing is required to comply with the standards listed in UDC 11-3A-6C for fencing along waterways and the general fencing standards in 11-3A-7. A mix of 6-font tall wrought iron and 6-foot tall solid vinyl fencing is proposed adjacent to common areas; 6-foot tall wrought iron fencing is proposed along the McBirney Lateral.There appears to be gaps in the fencing along the lateral on common lots that abut the waterway; fencing should he included in these areas to prevent access to the waterway and to ensure public safety. Building Elevations (UDC 11-3.4-19 1 Architectural Standards 3101111al]: Conceptual building elevations have not yet been prepared for this development. However,the Applicant did submit several sample photos of 2-story homes that will be similar to those constructed in this development, included in Section VILE. Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. Because homes on lots that abut S.Meridian Rd.and E. Quartz Creek St.will be highly visible,the rear and/or side of structures on lots that face those streets should incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses,step-backs,pop-outs), bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exenzpt.from this re yuirenze►►t. Page 12 Page 238 Item#13. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commmission heard these items on February 4,2021. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Jon Breckon, Breckon Land Design [Applicant's Representative] b. In opposition: None c. Commenting:-Marvin Ward,Gayle Ward d. Written testimony: MaEy Wall Breckon Land Desi L. Staff presenting application- Sonya Allen f. Other Staff commenting on application: None 2_ Key issue(s)of public testimony a, Concern pertaining to safety of access to Lots 2-5. Block to accessed via Shafer View Dr. with the configuration of E. Shafer View Dr. and change in grade in that area; b. Preference for 1-acre lots to be provided_on the south side of the McBirney Lateral consistent with adjacent existing 1-acre lots in Shafer View Estates. c. Applicant testified they are willing to add more landscaping at the entry to the development near the S. Meridian Rd.ISH-69 and E. Shafer View Dr. intersection. 3. Key issues)of discussion by Commission: a. In favor of the provisign of additional landscaping at the entrance of the subdivision at the intersection_of S. Meridian Rd.ISH-69 and E._Shafer View Dr. as offered by the Applicant: b. Possibility of reducing the number of homes in the area south of the McBirney Lateral (Lots 2-6, Block 6) to enhance safety in that area, C. Concern pertaining to lack of comments from ITD; d. Would prefer a better transition in lot sizes to the south, specifically Lots 15-17, Block 3 (maybe lose a lot); e. Discussion regarding the proposed amenities; f_. Opinion that the style and size of the proposed homes should be compatible with adiacent homes in Shafer View Estates. 4. Commission changes)to Staff recommendation: a. At Staff s request,include a condition for the 38' wide slough/drain on the eastern portion of the site to be contained entirely within a common lot(s)with fencing required on both sides of the drain consistent with the standards in UDC 11-3A-7A.7b per LTDC I 1-3A-7A.7a: b. At Staffs request_,include a condition requtring_the cot-ninon lot(sa containing the slotEgh/drain to have vegetative groundcover to prevent fire hazard and unsightliness if the waterway is piped, and, c. At t Staffs request,modify condition#9 to allow the option for the waterways on the site to be improved as a water amenity as an alternative to being piped as allowed by UDC 11-3A-6C.2 with submittal of construction drawings&relevant calculations prepared by a qualified licensed professional registered in the State of Idaho that demonstrates compliance with the requirements for water amenities as defined in UDC_1 I-IA-1. d. Include a condition for the entrance to the subdivision at the intersection of S. Meridian Rd.ISH-69 and Shafer View Dr.to be improved with additional landscaping as offered by the Applicant- -- Page 13 Page 239 Item#13. e. Include a condition for one(I) buildable lot to removed in the area of Lots 2-5, Block 6 south of the McBiiney Lateral.- - --- - - - - -S. Outstanding issue(s) for City Council: a. The Commission requested an IT review of the 12roiect and comments-prior to the Council hearing;comments from ITD are included in Section VIIIA b. The Applicant's request for a waiver to UDC I 1-3A-6 to allow the McBirney Lateral to remain oven and not be-pFed� c. The Applicant's request for a waiver to UDC 1 1-6C-3F.3b to exceed the maximum block length allowed of 1,200' as allowed by U-DC 11-6C-3F.4, and, d. The Applicant's request for a waiver to UDC 11-3A-3 to allow two(2) accesses via the collector street tE. Quartz Creek St.)along the northern boundary of the site. C, The Meridian City Council bcard these items on March 9`1 April 'a__May I S"At the-p lic 11��t1g on ,�.+ 18'''.C¢unCil moved to continue th�hiect AZ and PP requests to the.Tune 1'` I Summary of the CiAtX Cwmil.puUr.horing: a In favor: Jon Breckon, Breckon Land Design(Applicant's Representative) c= C9�ti31GIttin-_Mauin_Wmd d. Witten testimony: Charles Boyd and Deborah-Boyd Staff_urr.soliap..aQialication:_SQnya Allen --- Othuittafff c9umaceenting Qn_appkaa lom None lgy issue[ of public testimony: � �b�]D�:�j to the Tot�Szes o£the bats accessed via Shafer Viewer: would li)�ey�t 9zes_sf,a_tLea5tJ_�axv_i��e gpmRa ajJf withh�LlaJ_24- car lot iiz in 51�fe� View Estates: 1z S �o rn�p�xtainin tQ draX� any era Flo t Mcridiax►Rd end the x ffV in that area which creates poor visibility because of the immediate incline from Meridian R�L Ws-t�numizer f IQt e red rid o 2 in that area tr��n��ue n nv ar_e.�ia��d neat=tlr�tQ�f�l��l�ill,. 3. Key issue[Hof discussion_by-City Council: a. Come if_th x_er�tling.t_znay their-p M- ortionas share fQr rigbi-turn lane as recommended by ITD—the response was yes,thry are. Council would like more information from ITD_ in regard to when the turn lane would be constructed if funds-are-oit r the im rovemeUt- 'What are futur�gl for wrdenin l n lanes fQrAhi.5 xma,ho mph-non-cy-necdds to be cQ_UWed-fpr Wm lanrbLcf6r6t's constructed? Does ITD have and other means of colleting funds for these itr�rQ�remmant��x�pS-thr��kt�yelQumettL b. The saft of the access onto Shafer View from S.Meridian Rd.1SH-69 and additional homes with_driveways near the intersection conflicting with the topography in that area (iRCI=_from-Mer-idmri - -- - - - The A� Li=gjmt's rest for a_waiver to exceed the ity's maximum bloel—face Aandards� —The Applicant agreed to consima a right W—mlane ifLequircd by the City to ensure it's done in a timely manner rather than t _-r roportionate share to ITD for the - -- - - --- 4, C1LL-CauIldcllan1' o�Qmrai�siQu wee uuead�tion: a, Council continued this_Iroiect to June 1 st in order for Staff&the Annheant tQ wak with ITD__a"_Qt QundA - —U S. M id i r—Rd.a tQ_E.�ua�rtz_Creek_t, Page 14 Page 240 Item#13. immediate need vs. long-teen . See ri&turn_ lane exlzi rlsu6n2rtted by the A l�-irani and conceDmalli,anir7ved by ITD in Section MY 6elaiiL b_ oungii Ytyt�d I Or glu D&p9-Ym❑ni-e.qu�g.-tktacy-elpper to-onstru-cl-a northbound right turn latie on S._l�ridian Rd.ISH-69 onto E. QuarM Creek St.prior W muanucszflhp--fu t-bttiMrt,permLt-within-the ftr�stphas"f_deydgpmmtin-a"ad-with I'-standards, c Council approved the reouested waivers to llDC_1]=6C-3F to allow Black 3 to exceed Ut�r� Q re_�nai_it open art�isabLpedAe to_ 1'sndirt the public u ramie r in1r��such v ll_�t SCrve�a���__lulu is safgtt —can-be_�,rctier-ve , andt�f)�1L 3A-3 tp-allow thr twQ f prKmc-d aucosgs xia L,QuartzCicek.5L.A-u❑[Lmt4r5tzupL Page 15 Page 241 Item#13. VII. EXHIBITS A. Annexation Legal Description& Exhibit Map ACC U RATE �4 Fia4��E Annexation land Description A parcel of land h e i n g a portion of the Norrh Half of the SninhweST Ouaner of SeftleNl 3.1, Township 3 1Vorth4 Range 1 East of the Boise Meridian,Ada County,Idaho and all of Lot 4,Riock 1 of Shafer View Estates Subdivision as rewrded in Book 64 of Plats at pages 9,403 and 9404, Recvtds of Ada County,said parcel is located in the North Half of the Southwest Quarter of Section 31, rownship 3 North,Range 1 East of the Boise Meridian,Ada County,Idaho,being morr particularly dorribrd ns follows, BEGINNING at the found aluminum cap moraiment at the Quarter Comer common to Section 31, T 3N,R I and Section 36, T 3N,R 1W as perpetuated by document 103052580,Records of Ada County,from which the found brass nap at the township miner common to Township 3 North,Ranges 1 fast and 1 West,and Township 2 North,Ranges I fast and I West as perpetuated by document 2019-015470.Records of Ad County bears 5 GO'a-rp*17'E a distance of 2669.99 feet,- Thence N 89"57' 19"E along the mid-section line for a distance of 25D7.75 feet to the nonheast corner of said Lot 4; Thence 5 D(r 17'00"W along the easterly line of said Lot 4 for a distance of 1342-441 feet; Thence along the southerly bwndaryr of said Lot 4 the following fi courses and distances: 1.) N 89'52'35"W far a distance of 13a40 feet; Z.) N 23'55'33"W for a distance of 170.53 feet; 1) N 16'35'I0"W for a distance of 254rS8 feet; 4) N 14'41'14"W for a distances of 194.52 feet; 5-) N 31'29'55"W fin a distance of 113.57 feet; 6.) N 89"34'47"W for a distance of 147 14 feet, Thence 5 34'28'44"W For a distance of 19Q.43 feet to the centerline of f.Shafer View Drive; Thence N 55'18'49"W along said centerline for a distance of 100.09 feet; Thence leaving said centerline N 34'41'11"r for a distance of 10153 feet; Thence atone the southerly boundary of said Lot 4 the following 15 courses and distances: 1.) N 04"09'19"E for a distance of 90.91 feet; 2-) N 26'42'26"W for a distance of 85.32 feet; 3.) N 56'39'37"W for a do5tante of 87.95 feet; 4.) N 75'35'35"W for a distance of 90.98 feet; I 1Bo7 UV Hays St. SAe 306• Boise.ID 83702 -Phone.208-4a"227 www accurateeurveyors.com Page 16 Page 242 Item#13. ► CCUf TE s l es S4RVETIK4 i NAPPING 5-) N 86"33' 28" W far a distance of 185.49 feet; 6_) 5 71'44'26'W for a distance of 113.8a feet; 7.) S 6T 59' 28"W for a distance of 112.30 feet; 8.y N 76'52' 47" W for a distance of 210.54 feet; 9.) 5 79 31'59"W for a distance of 45,73 feet; 10.) 5 51-53'13"W for a distance of 147.64 Feet; 11.) 5 65"24'50" W for a distance of 258.22 feet; 12.) 5 17-39'49"W for a distance of 98.75 feet; 13.) S 03'S9'33"E for a distance of 5O.00 feet; 14.) 58.38 feet along the arc of a 275.00 foot radius curve right having a central angle of 18'24' 120 and a long chord bearing N 84'38' 15"W a distance of€38.01)feet; 15.) S 28"48'47"W for a distance of 206.91 feet to the centerline of E.Shafer view Drive; Thence along said renterltne the following 4 courses and distances: 1.f 103.63 Feet along the arc of a 500.00 foot radius curve right hawing a central angle of 11'52'28"and a long chord bearing N 47" 59'"' W for a distance of 10.3 44 feet; 2.) N 42'01'36" W for a distance of 107.12 feet; 1.1 93,96 feet along the arc of a 1D0.00 foot radius curve left having a central angle of 48"D2'45"and a long chord bearing N 66'02'58"W a distance of 81.42 feet; 4,) 5 89'55'39"W for a distance of 219-88 feet to the section line; Thence N 00'05' 17"W along the section line for a distance of 802.03 feet to the REAL POINT OF BEGINNING- Parcel contains 40.483 acres,more or less- L � k t* � 11463 4,arc OF 1602 W. Hays St,Suite 3M • Boise, 1D 83702 • Phone.20B48B422-7 www.accuratesurYeyvrs corn Page 17 Page 243 Item#13. A1VIVHXA TI01V MAP PARCEL LYING IN THE N 112 OF THE SW 114, SECTION 31, r.3N., R.7E., B.M. 3E 31 114 CDR. Cp&r W57 IYa IGM526e0 N 89'57'18" E 25OZ75' LOT 4 BLOCK 1 SHAFER VIEW ESTATES Cp m 4a463* ACRES L18 n �1 L14 L1J a v SCALE: 1"=300' �s o i A ° 6 Ls 0i z L22 q a L25 Cj C l 6%4 'n g Nam'FC 5E- ;iEE F 2 ^f-9Ln �- j E. SHAFER VIEW DRIVE 11463 9- OF L 1 LEGEND N J.❑A�� � ANNEX eouNDA.ar ; ACCURATE TAN Pt W 36 3 la7 T3N R2W SECRON LINE w 1 m FOUND 3 1/2" BRASS- CAP MONUMENT W i I. M T2N R1 W 1 41 , 6 T2N R2iY : �boz v Hays sneer#306 FOUND 2" ALUMNUM CAP Eloise.Who 83702 CP&F INST. No. QN)450.4U7 2]r9—❑I54�p CALCULATED POINT wwwAccaratesurveyors.mm '��'RYIEE SHEET I OF 2 JOB 20-227 Page 18 Page 244 Item#13. LINE TABLE LINE BEARING DISTANCE Li N 89'52'35" W 130.40 L2 N 23.55 33' W 170.53' L3 N 1 r'35'10" W 254.88' L4 N 1441'14" W 194.52' L5 N 31'29'55" W 113.67' Lb N 89'34'47" W 147.74' L 7 S 3428'44" W 190.43' LS rN 55'18'49" W 100.09' L9 N 34'4i'11" E 107.53' 110 N 04.09'19 E 90.8 11 Li 1 N 26'42'26" W 85.32' L12 N 55'39'37" W 87.95' L13 N 73'33'3D" W 90.515' L14 N B933'28" W 185.49' L15 S 71'44'26' W 113.66 L16 S 60'59'28" W 112.30' L17 N 7TS2'47" W 210-54' 1-18 S 7831'59'° W 45.73' L19 S 51'53'13' W 147,64' L20 S 65-24'50- W 258,22' u1 S 17'40'26" W 98.75' L22 S 03'59'33" E 50.00' L23 S _28`48'47" W 206.91 124 N 42"❑1 36 W 107.t 2' L25 S 39'55'39" W 219.68, CURVE TABLE CURVE ARC LENGTH RADIUS -- UELTA ANGLL CHORE} BEARING CHORD LENGTH C 1 88.38' 275.00 11�24 50 5 84'38'15" E B8.00' G2 143.63' 500-co, 11-52'28" N 47'59'54 W 103.44 C3 83.86' 100.0C] 48'02'45" N 66'02'58' W 81.42 1 1 463 A-0 16021AI.Kiys Strpv MW eoi Naha 83702 p 12asa ass-42z7azai PF www.acturatesumey sxon+ 15E SHEET 2 OF 2 1D8 20-277 Page 19 Page 245 Item#13. R-2 Legal Description: lum9233 WEST STATE STREET I BOISE,1R 83714 1 208,639.6939 1 FLU(208.639.6930 January 6,2020 Proilett No.WM Legal Description Portkvn of Lot 4,Block 1 of Shafer View Estates FxhR*A A parcel of land being a portion of Lot 4,Block i of Shafer View Estates(Book 84 of Plats,Pages 9403.9404, records of Ada County,Idaho)which is situated in the North 1/2 of the Southwest 1/4 of Section 31,Township 3 North,Range 1 East,Boise Meridkan,City of Meridian,Ada county,Idaho,and being mare part►cularly described as folkrws: BEGINNING at a 5/&inch rebar ma6ing the Center of said S-ection 31(also being the northeast comer of said Lot 4,Brock 1),which hears N,99"57'15"E a distance of 2,507.62 feet from an aluminum tap marking the West 1/A comer of said Section 31,Thence following the easterly line of said North 1/2 of the Southwest 1/4, SOD"16'52"W a distance of 1,342.44 Peet Iformerly 500'15'31M a dMance of 1/342.81 feet)to the southeast corner of said North 112 of the Southwest 1/4{also being the southeast corner of said Lot 4,Sloek 1); Thence leaving said easterly line andfolknvIng the southerly line of said North 1/2 of the Southwest 1/4, N89"52'3i"W a distance of 130.43 feet to the southeast corner of tot 13,Block 1 of said Shafer View Estates; Thence leaving said southerly I I n e and following the houndary of Lot 4,Block 1 the following Courses: 1. N23'S5'33'W(formerfy N23'5V32"WI a distance of 179.57 feet; 2, N16'35'10"W(forrnerty N1E36'09"V4I a distance of 254.88 feet; 3. N14'41'Ol"W(formerly N34'4a`00"Wli a distance of 193.75 feet; 4. N31'15'14'°W(formerly N3I'l6'13"WI a distance of 114.54 feet to a found 1/2-inch rebar; S. N89'52'3I'W(formerly NST53'30"W)a distance of I3,B1 feet to a point on the northerly fine of the 41•foot wide McBlrney Lateral easement; Thence leav log the boundary of sold Lot 4,Blor.k t and following said northerly line the following courses: 1. N77'19'36"E a distance of 75.47 feet; 2. N75 37'04"E a distance of 27.30 feet too point on the centerline of the 38•foot wide drain ditch easement shown on said Shafer View Estates subdivision plat; Thenee leaving said northerly flue and following said Centerline the following courses: 1. N06'28'52"W a distance of:51.79 feet; 2. 1417'26'22"W a distance of:20.33 feet; 3. N25"SV09"W a distance of 6346 feet; 4. N36"41'30"W a distance of 99.39 feet; 5. N5D'03'15"W a distance of 84.54 feet; 6. N55'05'59"W a distance of:24.96 feet; 7. N51"46'3R"W a distance of 99A3 feet; 9, N61"36'51"W a distance of 33.43 feet; 9. N67°05'46"W a distance of 68.04 feet to the northerly line of sold North 112 of the Southwest 1/4 (also being the northerly I ne of said Lot 4,Block 1), ENGINEERS I SURVEYORS I PLANNERS Page 20 Page 246 Item#13. Thence lea vAng sa►d centerline and following said northerly fine,N89`57'15"E a di5Iance of 789.30 feet to the POINTQF BEGINNING. Said parcel contains 10.66 acres,more of less, k 12459 , w A L BL►�'S. I h -ZoZp PAGE 12 Page 21 Page 247 Item#13. b4 L q rr i a U ✓r°a J J p NF E f yy K' it $ d p o w ¢ N t N .. Gf f N f IWO Title; Date:01-06-2020 Scale: l inch=200 feet File: Tract 1: 10,661 Acres; 46438 i Sq reel:C-usuiv=n63.4107w 0.01 Peet Precision-11]31449: Perimeter=3%8 Feet 001-s00.1652w 1342.44 008•-037.1936e 75.47 415-n551359w 124196 OU2-nI9,5231 w 130,43 009-n75.3704e 27.30 016-rt51.4638w 99.63 003-- 23.5533w 170.57 010-uO6.2852w 151.79 017-01.3651w 33.43 904--n16.3510w 254.99 011=-F417.2422w 120.33 01"67.0546w 63.04 00,5r-a t 4.4101 w 193.75 012=n2-5.5009w 63.86 fl 19=n89,S715e 789.30 006=n31.1514w 114.54 0 1 3=n36.4130w 99.39 007-n89.5231 w 23.31 014-n50.0315w 84.54 Page 22 Page 248 Item#13. r fe 4 S M I I I N G E M A P P I N r! xftUi�E R4 Rezone Land Description A parcel of land being a portion of Lot 4,Block 1 of Shafer View Estates Subdivision as recorded in Book 64 of Plats at Pages 9403 and 9404, Records of Ada Countyr Said parcel is located in the North Half of the Southwest Quarter of Section 31,Township 3 North,Range 1 East of the Boise Meridian,Ada County,Idaho,being more particularly described as follows: BEGINNING at the found aluminum cap monument at the Quarter Corner common to Section 31,T3N, R1f and Section 36,T3N, R1W as perpetuated by document 103052680,Records of Ada County,from which the found brass cap at the township corner common to Township 3 North,Ranges 1 East and 1 West,and Township 2 North, Ranges f Fast and 1 West as perpetuated by document 2019-015470,Records of Ada County bears S 00"05'17"E a distance of 2669,99 feet; Thence N 89"57'19"E along the mid-section line for a distance of 1718.45 feet to a set 5/811' inch iron pin with asap stamped PLS 11463; Thence S 67°OS' 19"E for a distance of 68.04 feet to a set 5/911 inch iron pin with a cap stamped PLS 11463; Thence S 61'36'51"E for a distance of 33.43 feet to a set 5/8"'inch iron pin with a cap stamped PLS 11463; Thence 5 51'46'38'E for a distance of 99.63 feet to a set 5/81"inch iron prn with a cap stamped PLS 11463; Thence S 55'05'59"r for a distance of 124.96 feet to a set 5/g1h inrh iron pin with a cap stamped PLS 11463; Thence 5 50"03' 15" E for a distance of 94.54 feet to a set 5/8�h inch iron pin with a cap stamped PLS 11463; Thence 5 36"41'30"E for a distance of 99.39 feet to a set 5/81 inch iron pin with a cap stamped PLS 11463; Thence 5 25'SW 09"E for a distance of 53.86 feet to a set 5/8th inch iron pin with a cap stamped PLS 11463; Thence 517`26' 22"E for a distance of 120.33 feet to a set 5/13th inch iron pin with a cap stamped PLS 11463; (CON fINUEl7 ON NEXT PAGE) i 1602 W. Hays St-Suite 306•Boise,ID 83702• Phone:208-488-4227 www avcuratewrueyors.com Page 23 Page 249 Item#13. ..ACCURATE 4wRViYING L HAPfiN@ �t s'r4Y�L�' Thence 5 06"28'52"E for a distance of 151.79 feet to a set 5/8"1 inch iron pin with a cap stamped PLS 11463; Thence S 75"37'04"W for a distance of 27.30 feet to a set 5/811 inch iron pin with a cap stamped PLS 11463; Thence 5 77'19'36"W for a distance of 75-47 feet to a set 5/8'r'inch iron pin with a cap stamped PLS 11463; Thence N 89'38'36" W for a distance of 124.09 feet to a found h inch iron pin, replaced with a set 5/91"inch iron pin with a cap stamped PLS 11463; Thence 5 34"28'44"W for a distance of 190.43 feet to the centerline of E.Shafer View Drive; starnpod PLS 11463; Thence N 55°18'49"W along said centerline for a distance of 100.09 feet; Thence N 34"41' 11" E for a distance of 107.53 feet to a set 5/8T"inch iron pin with a cap stamped PLS 11463; Thence N 04'09'19" E for a distance of 90.81 feet to a found''/:inch iron pin,replaced with a set 51811'inch iron pin with a cap stamped PLS 11463; Thence N 26'42'26" W for a distance of 85.32 Feet to a found Y.inch Iron pin,replaced with a set 5/81"inch iron pin with a cap stamped PIS 11463; Thence N 56"39'37"W for a distance of 87.95 feet to a found Y,inch iron pin,replaced with a set 5/811 inch iron pin with a cap stamped PLS 11463; Thence N 75'35'35"W for a distance of 90.88 feet to a found h inch iron pin, replaced with a set 51811'inch iron pin with a cap stamped PLS 11463; Thence N 86"33'28"W for a distance of 185.49 feet to a found%inch iron pin,replaced with a set 5/81h inch iron pin with a cap stamped PLS 11463; Thence 5 71"44'26"W for a distance of 113.88 feet to a found Yi inch iron pin,replaced with a set 5/81"inch iron pin with a cap stamped PLS 11463; Thence 5 60'59' 28"W for a distance of 112.30 feet to a set 5/80 inch iron pin with a cap stamped PLS 11463; (CONTINUED ON NEXT PAGE) 16W2 VY. Hays 5t..Suite 300 •Boise. ID 83702• Phone.208-468-4227 www.accuratesurveyor-..com Page 24 Page 250 Item#13. t� tfC .,�ACCURATE �uHrfrisirs � Ir><P�Ilua 'SEA Y tist Thence N 76'52'47"W for a distance of 210.54 feet to a found Y inch iron pin,replaced with a set 5/8",inch iron pin with a cap stamped PLS 11463; Thence S 78`31'59"W for a distance of 45.73 feet to a found M inch iron pin,replaced with a set 5/8"inch iron pin with a cap stamped PIS 11463; Thence 5 5V 53'13"W for a distance of 147.64 feet to a found%inch iron pin, replaced with a set 5/Wh inch iron pin with a cap stamped PLS 11461; Thence 5 65'24'50"W for a distance of 258.22 feet to a Found y;inch iron pin,replaced with a set 5/81'inch iron pin with a cap stamped PLS 11463: Thence 517'39'49"W for a distance of 98.75 feet to a found A inch iron pin,replaced with a set 5/81h inch iron pin with a cap stamped PIS 11463; Thence 5 03'59'33"E for a distance of 50-00 feet to a found h inch iron pin,replaced with a set 5/814 inch iron pin with a cap stamped PLS 11463; Thence 88.38 feet along the arc of a 275.00 foot radius curve right having a central angle of 18" 24' W and a Inng chord bearing N 84'38' 15"W a distance of 88.00 feet to a set 5/81h inch iron pin with a cap stamped PIS 11463; Thence 5 28'48'47"W for a distance of 706.91 feet to the centerline of L Shafer view Drive; Thence a1mgsaid centerline 103.63 feet along the arc of a 500.00 foot radius curve right having a central angle of 11°52'29"and a long chord bearing N 47"59'54"W for a distance of 103.44 feet; Thence continuing N 42'01'36" W for a distance of 1.07.12 feet to a set 5/8eh inch iron pin with a cap stamped PLS 11463; Thence continuing 83.86 feet along the arc of a 100.00 foot radius curve left having a central angle of 48'02'45"and a fang chord hearing N 65"02'58"W a distance of 81.42 feet; Thence 5 89`55'39"W for a distance of 219.88 feet to the centerline of S. Meridian Road (State Highway 69); LA thence N 00"t75'17'W along said centerline for a distance SG of 802.03 feet to the REAL POINT OF BEGINNING. �►� � 1463 Parcel contains 29.822 acres,more or less. ° i y�4rF ar 1602 W.hays St..Suite 306 Boise,ID 83702•Phone'208-488-4227 www.accuratesurveyors.wm Page 25 Page 251 Item#13. R4 REZDIVE HEAP PARCEL LYING IN THE N 712 OF THE SW 114, SEC77ON 31, T.JN., R.?E., B.M. }run�oaa: 36 31 +F1sr ND-1:r525MC N 8951'78" E 7778,45' S 896ne W �= egsa (I' C3 LOT 4 BLOCK I 2 tg Qi of SHAFER WEN ESTATES Cg Cp am 29.822.t a 3 r� L24 L20 1g r L[3 LaZ T� r o SCALE: '"=300' z �o to h A;477.. 3EFSHE_T: FOP- �� L72 L LINE AND CURIE *AELES " L28 L ti 3 L3► C C, ETg r w 1 �LQ p� 1 E. SHAFER VIEW DRNE ' 11453 :� LEGEND BOUNDARY �AVgN J.�]ANG ------—---SECTION LINE r FOUND 3 112" GRASS CAP MONUMENT 4��t TEp�* ACCU p� TJN .R1 W 361 3I T.7N R2W' FOUND 7"A[IJMINUM CAP 1[►'1 FOUND 1/2"IRON PIN REMOWD r k L u T2N RI W 1 g T2N R2W AND REPLACED NTH 5/8" 49ON PIN, 1602 W Hays Svret+306 2"ALUMINIUM CAP. PLS i F463 aa�{ina�asa ai�� 0 SET 518"IRON PIN, 2'ALUM. CAPP, PLS F 1463 ,TE R Y,g E www.aaureTasurv¢perF.cam A CALCULATED POINI SHEET I OF 2 105 20-22T Page 26 Page 252 Item#13. LINE TABLE LINE BEARING DISTANCE L I S 67'05'19" E 68.04-' L2 S 61'36'51" E 33.43' 1-3 S 51.46'38" E 99.63' L4 S 55-05'59" E 124.96' L5 S 50'03'15" E 84.54' L6 S 36'41'30' E 99.39' L7 S 25'50'09" E 63.86' L8 S 17'26'22" E 7 20.33' L9 S 06'28'5.2" E 151.79' L10 S 75'35'46" W 27.28' L 1 1 S 77'19'36" W 75.47' L12 N 89'38'36" W 12409' L 13 S 34'28'44" W 190.43' L 14 N 55'18'49" W 100.09' -Li 5 N 34'41VI 10 E 107.53' L 16 N 04'09'19" E 90.51' L17 N 26'42'26" W 85.32' L 18 N 56'39'37" W 87.95' L19 N 75'35'35" W 90.BB' L20 N 86'33'28" W 185.49' L21 S 71'44 2B W 1 13.88' L22 S 60.59'28" W 112.30' L23 N 76'52'47" W 210.34' L24 S 7831'59" W 45.73' L25 S 51'53'13" W 147.64' L26 S 65'24'50" W 258.22' L27 S 1 T39'49" W 98.75' L28 S 03'59'33" E 50.OD' L29 S 28-48'47" W 206.91 L30 N 42*01*36" W 1 D7.12' L31 S 89'55'39'• W 219-88' CUR VE TABLE CURVE ARC LENGTH RADIUS DFL1A ANGLE CHORD BEARING CHORD LENGTH C 1 88.38' 275.00' 18.24'50" S 94'38'15" E 88.00' C2 103.63' 500.00 71 11.52 28" IN4759'54" W 103.44' C3 83.86' MOM' 48'02'45" S 66'02'58" E 81.42' o �0 �`s� rye: ACCURATE 11463 1602 W.Hays sneez 0306 j•S• J Boise,Idaho M702 �,� �G �� �� wri►v�cn►ratesurveyors.can rM J.'D SHEET 2 OF 2 ]09 20-227 Page 27 Page 253 Item#13. B. Preliminary Plat&Phasing Plan(date: 11/$/3$20 31912021) W7— CO�ACTS " o ram: t aorrwr t R'Y,Z.r-AL W ROW PDAb S'S.`r.,M . ... ....... ..—..:a-.�—'� -!� •:1� �.'w"Ye d�'PM7i-'ins 4 :;=--�.-.r—r•T•�=�'-�rrr,,:e.� , ram- �.�i-�--rl � ::_::- - .- . o � .w.�..�. �J,.�,.1.1�..�.�.P.•�-�.3'.i � t �'_i.�' L 4 J � i .�i�ry�;� (�] j 6 ... .� 3.-3�•' ��3 .�J, 4 ,1 ,f, DEVELOPMENT IWOFMATIGN^ ii .� � I I '- ',s .��r_'r,y,"��,� 'I '•.�. via OFF? �PRFIIMINAflV PLAT _ � �, +,y. pp�,0 4. Cc LU >wT _ PPASE 1 PHASE 2 �] I 1 PHASING MAP Pagc ?R Page 254 Item#13. C. Landscape Plan (date: 5"'�0 2k3k2#N 3/9/202l) SHAF r� VIEW TERRACE MERIDIAN, - _ i MERIDIAN,IDAH❑ Page 29 Page 255 Item#13. • MY SC A1EFiAlIW [.eonm�eie r � AK 1 i� �irn^ %r 1 MIS s .:x }G1I�- W,It N f 1til •...11L E. —t ! 2 W p a - - -- - - - - - --- ----_�J =W W PI AN N 7a L4HOcrec�un?rc •'•�•���» •_• s ..�aaa�,:�'�i as ��r............_...... ._,......_..,....,...._....�....» jo, 1 =F_ -• .Y_ _ &R, :�' _• :: tl{ vol —00 �FiRI[i9�_�141'F.e� �w �LT'.3 T.y:^.."=`>:S�". 7i.a17 c.9N�6NEJ,FS1E81p. r.�irxnirrx_r,n ..f_a.p.-r::x._,.:•.••»•.��.•s::�'-• 2 F'lap.'piT" ® �KE'r MPP Page 30 Page 256 Item#13. I ;1 � MIT= :. +r-�'- ! ►C ¢ � Qa�_ l A l,lf0 ��¢U rt _ nix LU N g 6 _ _ _ __ Ai�[)Ljf 1 FrIHO -5.7',".,-,,,.��:.��'�ZL�f^':h..r.�y•._..�......`.�w. . 2 0 AL-WN SlrIM! sairsrmrsrrarr. - s+isu�a�:x��_".e.�r.lyxc:i.•.w,.....�,_... ! � 1 I6, � ��riAtr-,ar�E.a THREE �N a i LANDSCAPE LEOEMO C4LQUT LEA :�.t^L_:::;�• _�;T'��+�•~•.•- � �o law L13 Page 31 Page 257 Item#13. ;�F :�!3 __ - -::.F:is%:; •'_•.i-'. [�`_• _•7C_-_ -`�- ••a...x. :.fi: x- CAPE LEOENO •r -_ VAX v -7m.r-: ME Al fg"W=Pl.14H AREA FQIR •Jr---r-�•. v ^--�� TMP NT R 2 - U4 '�}• �C71�� {� •�^rv� LANF335:�AE LEGEND �- JIM N, �} W CL f-- 096 Valli ---- ----- --- .r.!J :rr ^"'ram-=---- — T91,E ..� �� TOPSOIL NOTES •. .. �I' tiI Page 32 Page 258 Item#13. -_ ��. �::::- ��•. � L✓w DSGAPE LE9EI'b It': 52ON : •- ,:.� .'.-. ..;y:.�j:-.die:i'i•.i".:._. �. r. cL K r -s; LANQWAeLa.ML--h!p SIX ._... : ....: _ �5 SY•INY•� PAN �wj Lys E M1/N06CJEL/y,��, W�,LF.(1�1• $fr3kiaF= 2 _ - N N sf; 1 ®� I- SEVEN Ll7 Page 33 Page 259 Item#13. $TORAAWATER POND REVEGETATION RECUIFifMENTS tr- _ - = ,'--a:"'•»�:•c—='� - ----- - - .,5�: �i:,YL�.��."7i}.�.13 _ _...,.. .....:. ...... ��.:SfLTlicTA•kg.C.7L�d1:.9:�" ... ".':�;:"^:�7�.:L... wei•��'R.v:��...saw•..^...._ :cea s+•�rhs�,—"'�_� •.. .. 2� .. ^,�T,.. _ ..ty.-NYC~,r,�.•,�6.�,«•` G:S•' '--..-�..w� S� '_'l.T_•YM-wSCN wIC7S,iF.C1:+�. ' q��wr.' i'L 1-N• .'..w N 11.E`L Map ..-r_".:'J.'..�••.:�'�.-..mow.» "�:_..a.mtt:. _."�s"-a' '�r'a .. '��' ' ���I II Y�•"5�i w:�'rY_� _ SR�..��.�5.37.::..A9'"_=�.� ..-. __.. .iNWU i x TitONIfEROu9 TREE P�Mii7u.7 _ - M US Page 34 Page 260 Item#13. SIM TEK F ME _d - i� 133C,WEST AGO r;:--'I i' OREM UT d4R57 mT k T(XL-'REE: ,�fi�4."3;jh PHONE:1,8a,;sus F E [N C E FAX:(041;555-5743 oamr.1mledenoe,mm •,5 Maa. f;p'SL'�IEIt.-�u�R rtN�� SAAF_MNE aATT E;!ti 1 o L' i 1-W,wlmc Y1E31 I I O Zz s I I ��� 1.;r1.5"'K v?v,.vE CJ+LVFNIEEG "�''`� BTI~cL 5"h`P11Ei�R5TIA H513 �' s' u Ir.fi M-ICRE-E FOOTING 01A T"ir, o tr'NH. •NA:��VRH L1HEAl�Lc14==H:1'v{`aLrETl+rZ.ENE eulL�:hk31�s..:IICe: oLA'R IIC;L_:RQ, EL-,rA.rl4rl VIM-ACT",PAL:PEW51UV5:7.-Ij.N,75'h . -'I RAW>S 49F.R,6 TE�1 s 7,[7�797 Y W.It T-W P4 PATEWs P-MGINC. 1 7.1.iATPNTO TE CCMP.E7FD p1AGCORC;Wl 4I7)4 M++OXACn.RM 1-R'�r•CIi I:AlinIR, i I `iGID4SARt COh1,SICERFC TRUr A4C�FtFw7 4u�HGfA.".Tiav�Rs sPFCIFICArICHs, 'A:F tPAWN4. I I :.P.113TLI-08 MR'WO.'i AND GCM ANV 1*014 tAIIGVV141T V WWXA.'060154 ikiln SIMTEK FENCE ►lOCUL V:1.>! LACL"A'LL h H X E N Page 35 Page 261 Item#13. D. Open Space Exhibit(dated: 12/16a 319/21) CITY OF MERIDIAN OPEN SPACE REQUIREMENTS N COMMON OPEN SPACE A5➢"Imm I r THE NMIXAM VA'H-'Jb-S 40d� 11RL°ME�i�5 osm 56.1'I4[6b2 AC) @+O 5PAC& 19JB!► QUALIFIED OPEN SPACE AS o"Imp 9Y THE mmry AR �tlP:g KL'N-'Jf'J[OPE FIK111REMEMTS 123r02 f2-M AG7 eA M AG 1cm W77i LANDSCAPE LEGEND a010-S v OPER sPnce QUARTZ CREEK ST. I AREA=e.MA SQ�TL L - I - - - - LLT �. I� 7 Iap _ __ 66 RREA=33.-1QO SQ.FT_ a t I _ f D z ' 0 a w I 3/9/2021 s SHAFER VIEW NORTH y.�.� PROJECT#zaazt MERIDIAN, IDAHO OPEN SPACE EXHIBIT X1,0 - Page 36 — Page 262 Item#13. E. Conceptual Building Elevations Aw 996.tam T! _ a 1 4 5 •• T L Page 37 Page 263 Item#13. F. Ri>aht-Turn Lane Exhibit I ' ' I EGW4lI CREEK AT. 46 I I .IIII I I —Stl so I PROPOSEE '.,_ I' so �.h III I I I IIII 0 w w III I � Dad sp � _ (IIII rp�.�ca�•nirlr,i.:-:' �' III�,II I17 Hill m�reser-aRr,,z�ri:_�n �+ J J III III area.gao-r s� , rFxc rR,i IIII A- g66Y S f ' I I j II rill IIII Ar I r3071 5P r I SHAFER VIEW TERRACE SUBDIVISION ,' _ MERIDIAN,I❑ RIGHT TURN LANE Page 38 Page 264 Item#13. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance,a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. Currently, a fee of$303.O0 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the preliminary plat,phasing plan, landscape plan and conceptual building elevations. b. A I 0-foot wide multi-use pathway is required to be constructed along S. Meridian Rd.ISH-69 in a public use easement in accord with UDC I I-3 H-4C.4. c. Noise abatement is required to be provided within the street buffer along S. Meridian Rd.ISH-69 in accord with the standards listed in UDC 11-3H-4D. d. A final plat shall be recorded that includes Lot 1, Block 7 prior to any development occurring on the property. e. The developer Lull construct a northbound right-turn lane on Stan Rd./SH-59 - QnW_Euart �t ek >i pd or t4 issuano-of-ft-ffr >t bu I& t in_> f'- t phase dieWig meat in acco�with ITD standards. =---- — - — ------ ?. Development of the subject preliminary plat shall be consistent with the phasing plan. included in Section VII.B. 3, The final plat shall include the following revisions: a. Include a note prohibiting direct lot access via S. Meridian Rd.ISH-fig and E. Quartz Creek St. b. shall be r-ayised to eemply with these stafidardsoHniess atheFwise approved by'G4 Council.A waiver is owqiiestett� was raved bl,Council to exceed the nnavitnum block_face allowed of I,700 feet to allow the block fiace as proposed. e. The 38' wide drain on the eastem vattion of the site shall be contained entire eammen 1 e4s).Depicted on revised plat. Depicted on revised plat. 4. The landscape plan included in Section.VII.0..,.b...:tted With the f'~R1 pla`shall be revised as follows:❑ a. inelude ealculafions�n the Landscape Requirements!able that demonstfate compliane b. hielude 6 feet tall wr-atight ir-an 1�aneiRg afi eammen lets that abut the MeBimey Latei-al Done Page 39 Page 265 Item#13. c. Inelude a detail of the berm aftd wall required for noise abatement along S. Mer-idian Done d. Dope 1-isted in UPC 11 jA 7—mz er UPC 1-1 3A—?A. Done g. Depict additional landscaping at the entrance to the subdivision at the intersection of S. Meridian Rd./SH-69 and Shafer View Dr. as offered by the Applicant. Done 5. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathway along S. Meridian Rd./SH-69 prior to submittal of the Phase 1 final plat for City Engineer signature. If the pathway is located within the right-of-way,a public use easement is not required. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district and 11-2A-5 for the R-4 zoning district.. T Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. S, The rear and/or sides of structures on lots that abut S. Meridian Rd.and E. Quartz Creek St. shall incorporate articulation through changes in two or more of the following: modulation (e.g. proiections,recesses, step-backs,pop-outs),bays, banding,porches, balconies, material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are erenzpt frond this requirement. 9. All wateFways aii t4iis site shall be piped unless 4heFwise waived by City Getine i 1 as Set fefth, o..:t Els&44463.d :,. 1 11) a .r r..aa t50 T rnr_ r 1 z e 6r ». The Applicaw requests u waiver from City Council to allow the McBirney Lateral to rentain open and not be piped, which was unnrQver�l ,Cih,Council. 10. The pond is required to have recirculated water and shall be maintained such that it doesn't became a mosquito breeding ground as set forth in UDC 11-3G-3B.7. IX. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.I The angle of sanitary sewer pipe going into and out of manholes needs to be minimum of 90-degrees. 1.2 All sanitary sewer manholes require a 14-foot wide access path that sleets City requirements. Page 40 Page 266 Item#13. 1.3 Sanitary sewer manholes should not be located in curb and gutter- 1-4 Add an 8-inch water mainline in Crystal Creek Way,and stub to the north for future connection, 1.5 The water mainline needs to be 12-inch diameter in Prevail Way,portion of Terrace Ridge Dr,portion of Terrace Ridge Circle and south out to E Shafer View Rd. 1.6 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6 of the City's Design Standards. A future installation agreement and funds are required for the required streetlights on S. Meridian Road pursuant to Section 64 B. of the Meridian Design Standards. L7 The geotechnical investigative report for this development, prepared by Materials Testing & Inspection, dated 02/10/2020. does not indicate a specific concern with regard to groundwater. Applicant shall be responsible for the adherence to the recommendation presented in this report. 2. General Conditions of Approval 2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and rotating with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used.in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development,coordinate main size and routing with Public Works. 2.3 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.4 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B- 14A. 2.5 A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping,amenities,pressurized irrigation,prior to signature on the final plat. 2.6 The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.7 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years.This surety amount will be verified by a Iine item final cost invoicing provided by the owner to the City.The surety can be posted in the form Page 41 Page 267 Item#13. of an irrevocable letter of credit, cash deposit or bond. Applicant must fife an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.8 In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 1 l-5C-3C. 2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2,12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 A]1 grading of the site shall be performed in conformance with MCC 1]-1-4I3. 2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material, 2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any strictures within the project. 2.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCA❑ standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.18 Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (littp://www.inerldiancity.org/public_works.aspx`7id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for .information on the locations of existing street lighting, 2.19 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20- feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with Page 42 Page 268 Item#13. bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 2.20 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.21 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at(208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 2.22 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 2.23 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 2.24 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC I I-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. C. FIRE DEPARTMENT h ttps:11x'eb1ink.meridiancity.orglWe&LinklDocView.aspx?id=219456&dbid=0&repo=MerNianC itv ❑. POLICE DEPARTMENT 11atUs:llw�ehlrt�k.Isre1-idiajtcin'.c+t�I6'i'c hLi>?klDocY'iew.aster?id=?2[1?�0&dhid=U&repo=Mnrt.'dia+aC r E. PARK'S DEPARTMENT https:11web ink.meridiancity.orglWehLinklDocView.aspx?id=222017&dbid=0&repo=MeridianC i tv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST 1DAHO(COMPASS) https:lhyeblink.meridianc•ity.otglWebLinklDoc View.aspx?id-2 20261&dbid=0&repo=MeridianC iy G. CENTRAL DISTRICT HEALT[i DEPARTMENT hops:IIK,eblitzk.meridiancin+.orglWehLinklDocl'ieu,.aspx?id=220014&did=0&repo-=MeridiatlC iq' H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) Page 43 Page 269 Item#13. httUs:llweblink.meridiancily.o►yIWebLink1Qoe View.a&x?id=220034&dhid=0&►0o=MeridiynC itv 1. WEST ADA SCHOOL DISTRICT(WASD) https.Ilweblink meridiancL1y.orglWebLinklDocmew.g& x?id_=220564& bad—O&reW=MeridianC J. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS hitps:llweblitzk.►neridiancity,orglWebLinklDoc Iriew.aspx?id=22I041&dbid=0&repo=MeridianC itv K. BOISE PROJECT BOARD OF CONTROL https:l/ta)eblink.►iiericlianciri,.orglWebLinklDocVic,�i!.uspr?id=219526&(Ibid 0&repo=Mer-i(fia►aC itv L. ADA COUNTY DEVELOPMENT SERVICES htWs:Ilweblink.►neridiancih-.orglWehLinklDocView.0ps?id=219424&dbid=O&repo=Meridian io. M. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.nieridiat►c•itv.orglWebLinIdDocl iew.asps?id=222031&dbid=0&repo=MeridiatzC in: N. IDAHO TRANSPORTATION DEPARTMENT(ITD) https:IIK,eblink.►1leridiat►c•ity.orglWebLinIdDocView.a.spr?id—22 2250&dbid—0&I-epo=Meridia►iC ity X. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recominendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to R-2 and R-4 and subsequent dei,elopnment is consistent with the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment will allow.for the development of single-pinily detached homes which will contribute to the range of'housing opportunities available within the City consistent with the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; The City Council finds the proposed zoning snap amendment should not be detrimental to the public health,Safety and welfare. Page 44 Page 270 Item#13. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to,school districts, and The City Council.finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5_ The annexation(as applicable) is in the best interest of city. The City Council finds the proposed annexation is in the best interest oj'the On.,. B. In consideration of a preliminary plat,combined preliminary and final plat,or short plat. the decision-malting body shall make the fallowing findings: 1. The plat is in conformance with the Comprehensive Plan; The Cittr Council_finds that the proposed plat is in substantial compliance with the adapted Comprehensive Plant in regard to land use, density and transportation. (Please see Comprehensive Plan Policies in, Section lrof this report for more information.) Z. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public .services will he provided to the subject property with development. (See Exhibit B of the StuffReport fo)-more details,from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City Hater and sewer and any other utilities will be provided by the development at their-own cost, the City Council,fincls that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The On, Council finds finds there is public,financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police. Fire,ACHD, etc.). (See Section 1r1II for-more in formation.) 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of airy health, safety, or environrnerntal problems associated with the platting o f this property. ACHD considers road safet)+issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Ch),Council is unaware af'any sign Vicant natural, .scenic or historic features that exist on this.site that require preserving. Page 45 Page 271