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Skybreak Subdivision H-2020-0127 (2021-119175) ADA COUNTY RECORDER Phil McGrane 2021-1 1 9175 BOISE IDAHO Pgs=74 CHE FOWLER 08/11/2021 10:31 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. C4 Land LLC, Owner 3. G20 LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this loth day of August , 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 C4 Land LLC whose address is 4824 W. Fairview, Boise, ID 83706, hereinafter called OWNER and G20 LLC whose address is 4824 W. Fairview, Boise, ID 83706, hereinafter called 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§67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or 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 1.1-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for annexation of 80.46 acres of land with R-8(Medium Density Residential)and R-1.5 (Medium High Density Residential) zoning districts of the property listed in Exhibit"A"",attached hereto,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 and/or 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 DEVELOPMENT AGREEMENT—SKYBREAK SUBDIVISION.(H-2020-0127) PAGE I OF 9 i 0 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 20th day of July, 2021, the Meridian City Council approved certain Revised Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B";and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or 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 i i 1.10 WHEREAS, City requires the Owner and/or 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 on December 19,2019,Resolution No. 19-2179,and the UDC,Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 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 clear context of the presentation of the same requires otherwise: 3.1 CITY: means 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 Avenue, Meridian,Idaho 83642. I 3.2 OWNER: means and refers to C4 Land LLC, whose address is 4824 W. Fairview, Boise, ID 83706 hereinafter called OWNER, the party that owns said Property and shall include any subsequent owner(s) of the Property. i DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 2 OF 9 3.3 DEVELOPER: means and refers to G20 LLC,whose address is 4824 W. j Fait-view,Boise, ID 83706 hereinafter called DEVELOPER,the party that is developing said Property and shall include any subsequent developer(s)ofthe Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian 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. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. i 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: The Skybreak Neighborhood shall follow the approved phasing plan and/or obtain planning and fire department approval for any modifications. a. The applicant shall submit a wildland safety plan for the hillside area to be approved by Meridian Fire Department with the first final plat. b The existing residence at 3487 E.Adler Hof Ln.(Lot 45,Block 5)will be required to abandon the well and septic system and connect to City water and sewer with development of the property. c The applicant shall not submit a final plat for Phase 8 and 9 until public street access is provided. d A 30' rear yard setback is required on Lots 74-83,Block 5,abutting Vantage Pointe. e A 15' (external) side yard setback and an increased rear setback (as shown in applicant's plans) is required for Lot 74,Block 5,abutting Vantage Pointe. f The rear and/or sides of any 2-story structures facing S.Eagle Rd(18-21 Block 1, 15- 26 and 76-79 Block 9) shall 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 i to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement.Planning approval will be required at time of building permit. g Future development of this site shall substantially comply with the preliminary plat, landscape plan and conceptual building elevations for the single-family attached and j detached dwellings included in the attachments contained herein. DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 3 OF 9 I 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT and/or CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 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, Owners and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed 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 may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be deemed 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's compliance with all j applicable laws,ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or 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 specific performance of the covenants, agreements, conditions, and obligations contained herein. I 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar 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 and/or 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 i DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 4 OF 9 of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner and/or 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 City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits,certified check or negotiable bonds,as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance j with Paragraph 11 above. j 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: I CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian,Idaho 83642 OWNER: DEVELOPER: C4 Land LLC G20 LLC 4824 W. Fairview 4824 W. Fairview Boise, ID 83706 Boise,ID 83706 DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 5 OF 9 it I 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. 15. 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 costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default,termination or forfeiture of this Agreement. i� 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that I the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or 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 Owner and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be 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 shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. j 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated 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 DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.M-2020-0127) PAGE 6 OF 9 I i signed by them or their successors in interest 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 conditions governing re-zoning of the subject 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 provisions provided for a zoning designation and/or amendment in force at the i time of the proposed amendment. I 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the I 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. [end of text; signatures, acknowledgements, and Exhibits A and B follow] I I i I i i I I I DEVELOPMENT AGREEMENT-SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: C4 Land LLC G20 LLC By: Jim Con r By: Jim e Its:� Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 8-10-2021 Chris Johnson, City Clerk 8-10-2021 STATE OF IDAHO ) ss: County of Ada ) On thiszday of 2021,before me,the undersigundersigned, " d�,a Notary Public in and for said State, personally appeared Jim Conge nown identified to me to be the fyV k& — of C4 Land LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I havj&reunto set my hand and of xed my official seal the day and year in this certificate first above written. ••'•°,,�lE Lq••''•.,� • •• �•�! • �OTAR '' �'e • j Notary Public for �•�. we p Residing at: sUBL1CA I My Commission Expires: STATE OF IDAHO ) SS:• ••.•.•••e �'.• County of Ada ) -�"I,- 'E OF 19 fV On this 4W�$day of ,2021,before me,the undersigned,allotary Public in and for said State, personally appeared Jim Conge nown identified to me to be the_ ( y(/� of G20,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand an ffixed my official seal the day and year in this certificate first above written. N1tE L �N•• .9 • ••• ••• �V •'ice 4V •.• •• ••O��.•� Notary Public for —.a0.V7 �� 13oTARy•; Residing at: TIa-zn �•� : My Commission Expires: 2'.3---a0eZ(p , A 0 UB Lie- ��'. ,•••�No. �•' O OF 111;11, '1�P DEVELOPMENT AGREEMENT—SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 8 OF 9 L� ! STATE OF IDAHO ) ss County of Ada ) On this 1Oth day of August 2021,before me,a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. ! I IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public o Idahp Residing at: tfentn, Idaho Commission expires: - - 2D22— I i ! I 1 i I Ii I I i i DEVELOPMENT AGREEMENT—SKYBREAK SUBDIVISION.(H-2020-0127) PAGE 9 OF 9 ! I I 0 EXH I BIT A A. Annexation Legal Description & Exhibit Map (date 1/20/21) Askawtooth Ladd Surveying, LL -" L, P: (206) 398-4-'1 04 F: (2(38) 338-$.05 2030 S. W&5hirijtom Ave., Emmett. ID 83G r 7 kybreak Annexation Legal Description BASIS OF SEAFUNGS is S. 0"12'52"W. between a found aluminum cap marking the W1/4 corner and a found alorninurn cap marking the NW Corner of 5eOon 4,T. 2 N., R. 1 E,, B.M., Ada County, Idaho. A parcel of land located In the 5112 of the NVVI/4 of Section 4 Township 2 Northr Range 1 East Boise Wrldlan, Ada County, Idaho, more particularly described as follows: COMMENCING at an alamin urn cap marking the NW comer of said Section 4; Thence S. 0°12152'W., coincident with the west line of said NMl1/4 and the centerline of S. Eagle Road, 1352.07 feet to an alurninurn cap PLS 13550, marking the N1/16 corner of said Section 4 arxl the POINT Or BEGINNING; Thence S. 8995222"E.,coincident with the north line of said 5112 of the NW1f4r a distance of 132L03 Feet to a 5f13"rebar{cap PLS 645, rnarking the h WIJ16 darner of said Sedlon 4; Thence N. 890S6 41"E.,coincident with said north liner 1321.10 feet to a 5/8'rebaryca p PLS 4347, marking the CN i f L6 corner of said Section 4; Thence S. 073TOTr W_, coincldent with the east line of said NW1]4, a distance of 1333.72 feet to a 314' rebar{cap P+LS 645, marking the C114 Corner of said seCWn 4; Thence N. 89048'12"W.,coincident with the south line of said Section 4,a distance of 2632.71 feet to an illegible aluminum caPr marking the W114 of said Section 4; T#henoe N. 00'12'52"E., coincident with said west liner 1326.27 feet to the POINT OF REGINIXING- The above described parcel contains 80.461 acres more ar less. L o- 11574 L 1�� 4 - OF 1� BE Pagel e,mms or BE4RMS � k 1 I Im K1 n C I I 4 I k k 50�'3P'Ol'w 23337I e333we��1 Skybreak Subdivision H-2020-0127 page 2 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW d/(E Nty AND DECISION & ORDER In the Matter of the Request for Annexation,Zoning to 11-8 and R-15 and Preliminary Plat for 316 residential lots, by DevCo LLC. Case No(s). H-2020-0127 For the City Council Hearing Date of; June 29,2021 (Findings on .Jul) 24), 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of June 29,2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of June 29,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of.Tune 29,2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of June 29, 2021, incorporated by reference) B. Conclusions of Law 1. 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 I 1 Meridian City Code,and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehemive 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 comment(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, 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 29,2021, incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SKY BREAK SUBDIVISION—FILL;#H-2020-0I27) - I - 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 to R-8 and R-15 and Preliminary Plat for 316 residential lots is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 29,2021,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 11-6B-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 11-6B-713), Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-TA,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. If 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 I I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. 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 conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SKYBREAK SUBDIVISION-FILE#H-2020-0127) -2- City Code Title 11(UDC 11-513-617). 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 67-651IA. 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 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 29,2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SKYBREAK SUBDIVISION-FILE#H-2420-0127) -3- Item#6. By action of the City Council at its regular meeting held on the 20th day of July 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 Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 7-20-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(SKYBREAK SUBDIVISION—FILE#H-2020-0127) -4 Page 154 June 21, 2021 MEMORANDUM TO: Mayor and City Council FROM: Alan Tiefenbach, Associate City Planner RE: Skybreak Subdivision - H-2020-0127 At the May 26, 2021 City Council Special Meeting, the Council directed the applicant to revise the Skybreak Subdivision plans to address three elements: 1. Provide sidewalks on at least one side of all streets; 2. Provide a better transition between the southern perimeter of the subdivision and the Vantage Pointe Subdivision to the south. This should be done by extending the larger lots at the southeast corner of Phase 7 to the west across the southern boundary to the Farr Lateral; 3. Relocate some of the open space at the south to a more central location. The applicant has provided revised plans. The plans reflect street sections of the private streets to show a minimum 5' wide sidewalk on at least one side of the street. The private street and open space oriented east-west at the southern boundary of the property (adjacent to Vantage Pointe)has been replaced with lots meeting a minimum square footage of 20,900 sq. ft. (thereby extending larger lots along the souther boundary). The open space that was originally reflected at the southern boundary has been relocated to the center of the development(shown as 19,925 sq. ft. Lot 170, Block 5). The open space exhibit provided by the applicant reflects a slight reduction in what is being credited as qualifying open space from 14.99 acres to 14.5 acres. The total number of buildable lots has decreased from 329 lots to 316 (including the existing single-family residence). The 112 lots served by private streets has been reduced to 106. As requested by the Council, proposed conditions of approval have also been provided with this memorandum. Staff has prepared draft conditions of approval as directed by City Council. Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 ATTACHMENTS Updated Preliminary Plat and Landscape Plan https://webli nk.meri diancity.ora/W ebLink/DocVi ew.aspx?id=2312 93&dbid—O&repo=Me ridianCity Updated Narrative https://web]ink,inei-idiaiicity,org/WebLiiik/DocView.aspx'?id-231357&dbid=O&repo=Me ridianCity Page 3 PROPOSED CONDITIONS OF APPROVAL: A. PLANNING DIVISION 1. 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,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 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. The Skybreak Neighborhood shall follow the approved phasing plan and/or obtain planning and fire department approval for any modifications. b. The applicant shall submit a wildland safety plan for the hillside area to be approved by Meridian Fire Department with the first final plat. c. The existing residence at 3487 E. Adler Hof Ln. (Lot 45, Block 5)will be required to abandon the well and septic system and connect to City water and sewer with development of the property. d. The applicant shall not submit a final plat for Phase 8 and 9 until public street access is provided. e. A 30' rear yard setback is required on Lots 74-83, Block 5, abutting Vantage Pointe. f. A 15' (external) side yard setback and an increased rear setback(as shown in applicant's plans) is required for Lot 74, Block 5, abutting Vantage Pointe. g. The rear and/or sides of any 2-story structures facing S. Eagle Rd (18-21 Block 1, 15-26 and 76-79 Block 9) shall 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. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. h. Future development of this site shall substantially comply with the preliminary plat, landscape plan and conceptual building elevations for the single-family attached and detached dwellings included in the attachments contained herein. 2. Administrative design review will be required for all new attached residential structures containing two (2)or more dwelling units. Page 4 3. The City Council has approved alternative compliance from UDC 11-3F4 that limits gated developments to 50 lots, to allow 106 gated lots. 4. The City Council has approved alternative compliance from UDC 11-3F-4 prohibiting common driveways off private streets, to allow 3 common driveways. 5. The City Council has approved a wavier from UDC 11-6C-3 limiting dead- end streets ending in a cul-de-sac to 500 feet to allow the Phase 8 cul-de-sac in the northeast corner to extend to approximately 610'. 6. The City Council has approved a wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750) feet in length without an intersecting street or alley to allow Block 9,north of the Farr Lateral to be approximately 1,000 feet in length. 7. The City Council has approved a wavier from UDC 11-6C-3 limiting block face to no more than seven hundred fifty(750) feet in length without an intersecting street or alley to allow Block 5, along the southern boundary of the property,to be approximately 1,190 feet in length. 8. The City Council has approved alternative compliance from UDC 11-3B-12 and UDC 11-3G-3 requiring minimum landscaping along pathways and within common open space to allow the pathway area shown in Lot 46 of Block 5 to remain in a natural state. 9. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B, 11-36 and maintenance thereof as set forth in UDC 11-3B-13. 10. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11- 3A-7 and 11-3A-6B, as applicable. 11. Except as otherwise listed above, the development shall comply with the private street requirements as set forth in 11-3F, including the applicant or owner providing documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof. 12. The plat shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. The Farr Lateral is allowed to remain open as waived by City Council. 13. Except as listed above,the applicant shall comply with all provisions of 11- 3A-3 with regard to access to streets. 14. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de- sacs, alleys, driveways,common driveways, easements, blocks, street buffers, and mailbox placement. Page 5 15. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. 16. The Applicant shall have a maximum of two (2) years from the date of City Council approval to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 17. The Applicant shall comply with all conditions of ACHD. 18. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Preliminary plat conceptual site plans dated 12/11/2020 must be adjusted as follows: 1.1.1 The sewer main stub near intersection of Street C and D needs to end in a manhole. 1.1.2 The sewer main stub at the North end of Street E needs to end in a manhole. 1.1.3 The sewer on the south-eastern boundary(Street J) should not go to the property boundary. 1.1.4 The sewer main should run at 0.60% slope and end in a manhole short of the property boundary. 1.1.5 Water and sewer mains must be covered in a 20-foot-wide easement per utility. 1.1.6 Easements cannot have encroachments of any permanent structures including but not limited to buildings, carports,trash enclosures, fences,trees, deep rooting bushes, etc. 1.1.7 Maintain a minimum 90-degree angle into/out of all manholes. 1.1.8 Slope between manholes shall not exceed 5%. Slopes between SSMH G-3 to SSMH H-1, SSMH G-4 to SSMH 1-1, and SSMH 6-8 to SSMH K-1 exceeds this. 1.1.9 No public main is allowed in common driveways, sewer line A and F are shown going through private drives. 1.1.9.1 If you have three or less lots on a common drive, services should be stubbed from the roadway. 1.1.9.2 Four or more lots, sewer will be allowed in the common drive. Sewer will be private and will be the responsibility of the HOA to maintain. Manholes needed in the common drive shall be marked with "Private"on the lid. 1.1.10 A drainage plan is required to be provided and reviewed prior to plan approval. Page b 1.1.11 Current design does not meet minimum fire flow. A possible solution is to upsize some 12" mains and add two more connections, one at the southwest and one at the northeast corner of the development. These changes must be coordinated with Public Works. 1.1.12 A streetlight plan must be provided with the final plat application. Streetlight plan requirements are listed in Meridian Design Standards. 1.1.13 Phase 8 of the proposal is in Flood Zone A. This area requires extending the existing hydraulic and hydrology study and establishing base flood elevations. Other phases are not impacted by flood zone and will not require floodplain study or permits. Page 7 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. 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 Per Meridian City Code (MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-G-5. 2.3 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 11"map with 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). 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 prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 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 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 9 2.19 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 structures within the project. 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www,rn eri diancity.org/publ i c_works.aspx?id=272. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a lime item cost estimate provided by the owner to the City. The surety can be posted in the fonn 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. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. 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. EXHIBIT A STAFF REPORT E COMMUNITY DEVELOPMENT DEVELOPMENT DEPARTMENT HEARING 5/26/2021 (Continued from 5/25/2021) 40 DATE: I ILegend 101P-a,--+Loco4,or TO: Mayor&City Council FROM: Alan Tiefenbach, Associate Planner I ti SUBJECT: H-2020-0127 Skybreak Subdivision LOCATION: 7020 S. Eagle Rd. &3487 E. Adler Hof Ln., in the south %of the NW '/4 of ` Section 4,T.2N., R.I E. (Parcels# S1404244250& S1404233650) ' I. PROJECT DESCRIPTION The Applicant has submitted the following applications: • Annexation of 80.46 acres of land with an R-8 and R-15 zoning district; • Preliminary plat consisting of 328 building lots,40 coirunon lots and 14 other lots(i.e. 12 common driveway lots, one(1)private street lot and one(1)lot for the existing home). • Private streets in the gated portion of the development serving 112 residential units with two(2)gates;and, • Alternative Compliance to UDC 1 1-3F-4A.6,which prohibits common driveways off private streets, to allow such in three(3) locations within the gated area of the subdivision and UDC 11-3F-4A.b which limits all proposed gated developments to 50 units. The applicant submitted a previous proposal its June of 2020(H-2020-0079), This proposal consisted of 353 building lots, all of it single family detached This proposal was scheduled for the October 15,2020 Planning Commission meeting. Following staffs report to the Commission recommending denial,the applicant withdrew the application,and resubmitted the present one in January of'2021. This proposal is virtually the same except for 24 less lots,slightly enlarged open space in several areas,and 30 single family attached units in floe northwest corner of the project. Page 1 C II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 80.46 Existing/Proposed Zoning RUT in Ada County(existing),R-8 and R-15 proposed Future Land Use Designation Low Density Residential(LDR)&Medium Density Residential(MDR) Existing Land Use(s) Single-family residential/agricultural Proposed Land Uses) Single-family residential(SFR) Lots(4 and type; 328 SFR buildable lots/40 common lots/14 other lots(i.e. 12 common driveway 1 bldg./comnton) lots, 1 private street lot& I lot for the existing home) Phasing Plan(#of phases) 9 phases Number of Residential Units 30 attached SFR homes (type of units) 2TR detached SFR homes(one is existing) 1 Density 4.1 units/acre(gross) Open Space(acres,total 14.99 acres(or 18.81ia)qualified open space [%I/buffer/qua I i fscd) Amenities (2)dog parks;'/,acre park with play structure,climbing rocks,a shade structure and benches;entry park, I.-acre sports park,passive open spaces and pathways Physical Features The Farr Lateral crosses the southwest corner of this site;hillside/topography (waterways,hazards,flood within southern rim area. plain,hillside) Neighborhood meeting date; 5127/20; 14 attendees,December 16,2020;9 attendees #of attendees: History(previous approvals) Property boundary adjustment(Record of Survey 912358,Eisemnan 2020), previous proposal similar to this one was withdrawn just prior to Planning Commission due to staff recommendation of denial.(H-2020-0079) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yeslno) Yes • Requires ACHD No Commission Action (Yes/no) Traffic Impact Study(yes/no) Yes Access One(1)public street access(Street A)is proposed via S. Eagle Rd.,an arterial (Arterial/Col lectors/State street.Eagle Rd. is curresth,i►nprovetl ivith 2 travel lanes and no curb,gutter or Hwy/Local)(Existing and sideivalli. Proposed) Traffic Level of Service Eaglc Rd.—Better than"E"(acceptable level of service) Stub Stub streets are proposed to adjacent properties for future extension and Street/lnterconnectivity/Cross interconnectivity as depicted on the plat. Southern stub streets only have Access emergency access. The area in the NEC of the proposed development(Phase 8) — Page 2 Description Details Page cannot develop until Pura Vida extends a public street;Phase 9 of the development currently does not have the right to access the private lane and cannot develop until a public street is extended to the proposed development Existing Road Network There is an existing private street(E.Adler Hof Ln.)that provides access from S. Eagle Rd.to the existing homes on this site.This roadway should terminate with development of the site as proposed. Existing Arterial Sidewalks 1 None Buffers Proposed Road Capital Improvements Plan(CiP)l Integrated Five Year Work Plan(IFYWPy: Improvements Lake Hazel Road is scheduled in the IFYWP to be widened to 5-lanes from Eagle Road to Cloverdale Road in 2024. • Eagle Road is scheduled in the IFYWP to be widened to 5-lanes From Lake Hazel Road to Amity Road in 2023, ■ The intersection of Lake Hazel Road and Eagle Road is scheduled In the IFYWP to be widened to 6-lanes on the north leg,5-lanes on the south, 7-lanes east,and 6-lanes on the west leg,and reconstructed+signahZed in 2023. ■ Lake Hazel Road is listed in the 2016 CIP to be widened to 5-lanes from Locust Grave Road to Eagle Road between 2026 and 2030. ■ The intersection of Lake Hazel Road and Locust Grove Road is listed in She 2016 CIP to be widened to 3-lanes on the north leg, 2-lanes on the south.2-lanes east,and 3-lanes on the west leg,and signalized between 2026 and 2030. Fire Service ■ Distance to Fire Station 2.9 miles(Fire Station#4) Fire has expressed concerns with only one point of access from S. Eagle Rd. Fire would prefer a second access to the north to E. Lake Hazel Rd. Fire has also expressed concerns with the private gates causing additional delays. • Fire Response Time Most(3141-1-)of this development falls outside of the 5 minute response time goal from Fire Station##4. ■ Resource Reliability Current reliability is 77%' from Station#4—does not meet targeted goal of 80%or greater • Risk Identification 2—current resources would nor be adequate to supply service. A wildfire safety plan is required. • 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 time frame if a truck company is required(fire station is 5.9 miles away). • Water Supply Requires 1,000 gallons per minute:for one hour,may he less ifbuildings are fully sprinklered. • Other I the event of a hazmat event,there will need to he mutual aid required for the development. fn the event of a structure fire.an additional truck company will be required—this will require additional time delays as a second truck company is not available in the City. Police Service ■ Distance to Police 5.5 Holes Station • Police Response Time There is no call data in this area because the proposed development is at the edge f afcity limits. • Calls for Service 7(within a mile of site—between 211119 and 1/31120) ■ %of calls for service See Section IX.D split by priority • Accessibility No concerns Page 3 Description Details Page • Spccialtylresource needs None at this time • Crimes I (within a mile of site—between 2/1�19 and 1/31120) ■ Crashes cy(within a mile of site—between 211119 and 1/31/20) • Other Although located near the edge of City limits,service can be provided if this developit is ap2roved, West Ada School District • Distance(eietn,ms, hs) Enrollment capac Miles pec VX"- + Capacity of schools "Silver Sage El erne ntary•' 230 425 s.z miles lake Hazei Middle School 428 tow 2.4 miles * 4 of Students Enrolled Mountain View High School 2302 217s 4.8 miles '*Enrollment at Hillsdale Elementary is currently capped. Students in this development will be attending Silver Sag Elementary until a new sham is[wilt to eliminate overcrowding at Hillsdale Elementary.•• ■ Predicted#of students 247+/- generated from proposed development Wastewater ■ Distance to Sewer Sewer will be available with the development of Keep Subdivision on the West side of Services Eagle Road. • Sewer Shed South Black Cat Trunk Shed + Estimated Project Sewer See Application ERU's • WRRF Declining 14,09 Balance . Project Consistent with Yes WW Master Plan/Facility Plan ■ Impacts/Conccrns Water and sewer mains should not be in common driveways. Concerns have been expressed regarding the width of the private streets and that the required 30' easements may overlap onto private properties,rendering these areas unbuildablc. The City is applying the following requirements for Common Driveways. • Three or less lots—services from main in adjacent road Four or more lots—Sewer in common drive.Sewer will be private and will be the responsibility of the HOA to maintain. Manhole needed in the common drive at the property bounds with"Private"on the lid. Water ■ Distance to Water Directly adjacent Services a Pressure Zone S • Estimated Project Water See application ERU's Page 4 . Water Quality No concerns . Project Consistent with Yes Water Master Plan ■ Impacts/Concerns •Common drives that have both water and sewer mains will require a 30'easement •As currently designed,most phases do not mcct minimum fire flow pressure.There are multiple options to meet fire flow including upsizing some water mains to 12"and a secondary connections. •Coordinate with PW Engineering on main sizes,connection at the 5W corner and connection at the NE corner. C. Project Area Maps Future Land Use Map Aerial Map Legend Legend �l..+JPrvyec�Leco=on � ��Pro}ec• Loca�r - " - k flesidentiial - ic fY~ r J d u rmn L(jrr ens!F?� sidential Low Den .! r R��idlYntitil•�,_ Page 5 Zoning Map Planned Development Map [El Legend t i � f�Prae�'Locaror. R.$ �Project Lccoitc,- � I �.+Y�iCl'L'ri '• Y SC� '= 4 fWu ;_ F�r red ra+_- RUST - R- 00, R= 1-4 S R• ti R-2 h I _ - . I r - RR Ml Rl o y 11I. APPLICANT INFORMATION A. Applicant; Conger Group—4824 W. Fairview Ave„Boise, ID 83706 B. Owner: Peter and Dana Eisenman—3487 E. Adler Hof Ln.,Meridian, ID 83642 C. Representative; Laren Bailey, Conger Group—4824 W. Fairview Ave.,Boise, ID 83706 IV. NOTICING Planning& Zoning City Council Posting.Date Posting Date Notification published in 2/26/2021 5/7/2021 newspaper Notification mailed to property 2/23/2021 5/4/2021 owners within 300 feet Applicant posted public hearing 3/5/2021 5/13/2021 notice on site Nextdoor posting 2/25/2021 5/3/2021 Page 6 V.STAFF ANALYSIS A. Future Land Use Map Designation The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the 6-ri-acres at the southwest corner of the site, south of the Farr Lateral,as Low Density Residential (LDR) and the remaining 74+1-acres as Medium Density Residential (MDR). A City Park is designated in the general area at the southwest corner of the site. Per the Comprehensive Plan,the LDR designation allows for the development of single-family homes on large and estate lots at gross densities of 3 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. Density bonuses rnav be considered with the provision of'additional public arrrenities such as a park, school, or land dedicated,for public sen4ces. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre.Density bonuses ntay be considered with the provision ofadditional public anrenities such as a park, school. or land dedicated for public services. The Applicant proposes to develop this site with 328 single-family residential homes at an overall gross density of 4.1 dwelling units per acre(An additional lot will contain the existing house). A total of 23 units are proposed within the 6+1-acre LDR designated area for a gross density of 3.8 units per acre in that area, which exceeds the density desired of 3 or fewer units per acre. Smaller lots, instead of the large or estate lots as desired in LDR designated areas, are proposed along with open space areas along the southern boundary and along the northern boundary adjacent to the Farr Lateral. There are several larger one-half acre lots proposed at the southeast directly abutting the adjacent residences in Vantage Point Subdivision. However,the rectangular lots are oriented as such that the abutting lot lines are half or less than the width of the neighboring residential lots,so there are several lots abutting one neighboring lot.The applicant proposes to limit the height of the houses in this area to one story to help protect view sheds. The units proposed in the MDR designated area meet a gross density of 4.1 units per acre in that area,which is consistent with that desired in MDR designated areas of 3 to 8 units per acre. A City park is not proposed,but the Park's Department has determined a City park is not needed in this area. B. Comprehensive Plan Analysis(COMPREHENSIVE PLAN) 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) The applicant is proposing 328 lots. with 30 of the lots containing single family attached at the northive.st portion of the.site. The remainder of the 299 lots are intended,far.single family detached aunts. The applicant's narrative references housing types such as large rirn lot houses, myo story golf course houses, large lot hoines, 255 single store. Ironies and the attached single-family product. The single family attached product does contribute to the variey,,of housing apes in the overall area. However, the retraining single fiamily detached houses contribute to a diversity of housing s les but not particularly the varier,of housing types intended by the Comprehensive Plan far all needs,preferences and financial capabilities. Page 7 • "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) City water and sewer services are available and can he extended by the developer with development in accord with UDC 11-3A-21. Currently, this development call be served by the Fire Department. However, most gl'the development is outside of response time goals, does not meet resource reliability goals, and has risk.factors including a steep hill with a potential.for wildfire ij'the hillside isn't maintained(see the Fire Department's comment in Section VII below). Additionally, with the main access and secondary access both from Eagle Rd., rf access is blocked_fr•orn the north via Eagle Rd. it rnav delaY emergency services by having to travel 3.5+1-miles around the.square mile to access the site,potentially creating a life safe(v issue.If the applicant is able to secure legal secondary access to the north this would alleviate concerns but this would be contingent upon whether those properties develop, and.staff rrzighr recommend on1v some number of'lots being developed until that occurs. The Southern Meridian Fire Station adjacent to Discovery Park is anticipated for-construction in 2023; ij'this occurs, there will be signif icandy improved fire service to the subject property. The annexation is currently in process and scheduled.for a public hearing. * "Require all new development to create a site design compatible with surrounding uses through buffering,screening,transitional densities,and other hest site design practices."(3.07.01A) The subject property abuts Pura Vida Ridge Ranch to the northeast, the Boise Ranch Golf Course to the east, and Vantage Pointe Subdivision to the south. This development proposes R-8 zoning and lot sizes of approximately 5,ODO sq._fi. to 6,ODD sq,f t. adjacent to Pura Vida Ridge Ranch, whereas Pura Vida Ranch includes lot sizes of comparable sizes and the same R-8 zoning. To the southwest(Phase 9). the development proposes lot sizes of- approximatel-v 6,000—6,500 sq.,ft. whereas the adjacent Vantage Pointe Subdivision is comprised of lots one-acre in size and greater(although there are four lots proposed with this development directli� abutting the south area and are % acre to 'I acre in size). The development does include private roads and common open space as a btrffer ofbet een 811 feet and 120 feet between the s►naller lots aj'the subject properly,and the one acre lots to the sor,rth in Vantage Point. The development also proposes one story homes in this area. Ali abutting neighbor has submitted written testimony stating the buffer as proposed crud the lot sizes are not appropriate transitions in this area. It is staff"s opinion the lots should be at least one-acre in this area and have property line lengths that better orient to adjacent aff-site properties. The Planning Commission and City'Council should assess whether there is an appropriate transition in this area, "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed single,familt,attached homes at the northwest are generally compatible as they directlyr abut S. Eagle Road and there are no adjacent horses directly to the north. The single.fctmily detached homes are generally compatible with existing rural residential homes as they are all residential in mature. However, with the exception of'the larger lots and open space on the south boundary, the proposed plat depicts smaller lots (i.e. 4.448-4,950 s;f) than those of the lots in the abutting Vantage Pointe Subdivision_ The Commission and Council should determine if the applicant has provided all adequate transition. Page 8 — - • "With new subdivision plats,require the design and construction of pathway connections,easy pedestrian and tricycle access to parks, safe routes to schools,and the incorporation of usable open space with quality amenities."(2.02.01 A) The Path wa-vsPlan depicts a segment oj'the City:s multi-use pathwa' s)wem along the eastern boundary o the site; a I0-foot wide mulli�-use pathwat�is proposed in accord with the Plan on the northern portion oj'the development but transitions to a 5 foot wide pathway to the south and does not stub to the south f'or f rture extension as shown on the Plan. However, the Park's Dept. has indicated thev are supportive of the proposed design. This pathwav will eventually provide a connection to Discovenv Park to the west and Hillside Elementan-v and the YMCA to the north. There is also a 10' andti-use pathway proposed adjacent to the Farr Lateral, as is shown on the pathways plan. These pathways will be valuable amenities to the project.A golf cartputhwali,is shown as Lot 41 on Block 5, which terminates at the Boise Ranch Golf Course. Proposed site amenities consist of'children's play equipnrent1structure..s, a picnic shelter,pathwvj}s, two dog parks and additional open:space of at least 20,000 square feet above the minimum UDC requirements, which are located along the northern and southern boundaries oj'the site and are not centralll,located.Although much of the open space meets the mininnan dinierrsional regatirenrents of the UDC(i.e. at least 20'in width and 50'in length with an access on each end)a.significant portion of what is proposed as qualified open space consists of street bq fei s and end caps with parkways. Also, it is important to note that the applicant's narrative contains a pedestrian connectivity,exhibit which Shows narrow private roads with no sidewalks and common drives as "pedestrian connections"which staff f�believes is somewhat misleading. However, the private street standards do not require them. Additionally, stglf believes the entire development should contain public streets which would require the 5- .foot sidewalks per City code. The Commission and Council should determine tf the pedestrian circulation plan is adequale for the proposed development with the inclusion of'theprivate syslem, • "Evaluate open space and amenity requirement and criteria for consistency with community needs and values."(2.02.01B) Because the average lot size proposed in the development is only 6,280 square feet, Staff is of the opinion the end caps could be re-oriented/consolidated with other larger common lots to increase the usable open space within the development. This was discussed during the pre-application meelings with the applicant and they are of the opinion the open.space as proposed exceeds UDC.standards and is designed to meet the needs of the development. • "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 Ciq,water-and sewer st.stems;sen4ces are required to be provided to and through with this development. ■ "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2,02.02) The subject property.,abuts portions oj'lhe city limits at the northwest and northeast corner, but the majority of the property perimeter is surrounded by unincorporated Ada County. The proposed pro_ject is located near the fringe of the Cite'and does not meet the definition o f'an in fill ill development. ■ "Encourage the incorporation of creek corridors as amenities in development design."(4.05.02C) The Ten Mile Creek crosses the northeast corner oj'the site; a common area is proposed for the creek area and a multi-use pathway is proposed along the creek in accord with the Pathwa}Ts Master Plan. Page 9 • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Citk sewer and water it?feast►ucture and curb,gutter-and sidewalks are required to be provided with the public road portion of this development. The cross sections provided for the private road portion do not depict sidetivalks. The applicant contends that the private streets provide an intimate setting_far the residents and narrower streets decrease traffic speeds which do not warrant the additional improvements. It is important to note that the director has not approved the private street application, thus the plat should be redesigned to incorporate public streets,for the entire development. • "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits."(4.05.03B) The proposed project is in the City's 'fringe"area; therefore, development ill this area is not encouraged as are vacantlunderutilized parcels currently withi►r 04,limits. However, the Cit},has recently approved several developments (Pura 1,ida and Poietna)north of the proposed development making this property,more desirable to develop. • "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) Eagle Rd. is currenth,a 2-lane roadway with no curb, gutter or sidewalks; no improvements are Planned in the CIPIIFYWP to the segment of Eagle Rd. abutting this site. The Lake Hazel/Eagle Road intersection north of the site is planned to be reconstructed and.signalized in 2023. The ACHD report states that the TIS estimates this development to generate ail additional 3.343 trips per da3>resulting in an acceptable level of service(i.e. better than "E'), WASD estimates this development will house approximately 247school aged children—enrollment at Hillsdale Elementary is eurrenth capped so students in this development would attend Silver Sage, which is currently under capacity; enrollment at Lake Hazel Middle School and Mountain View High School would be over capaciti,at build-nut of this development according to the Connnunity Development's school impact review included in Section VII. Water and.server are being extended consistent with the Citv's master plan as noted above. Discove?y Park, a 77+1-acre City Park, is located approximately a mile away from this site to the crest on Lake Hazel Rd., which.should he adequate to sense this development. ■ "Annex lands into the corporate boundaries of the City only when the annexation proposal conforms to the City's vision and the necessary extension of public services and infrastructure is provided." (3.03.03) Two types of hotasing are proposed-single,family detached and 30 single family attached units- which will provide diversity in housing, and the density in the XfDR designated area falls within the desired range. The density proposed in the LDR designated area at the southwest corner of the site is above the 3 units orfe-wer per acre desired in that area. However, the Comprehensive Plan statesfature land use designations are not parcel specific. An adjacent, abutting designation, when appropriate and approved as part ofapublic hearing with a land development application, may be used.A designation nu{v not must riot he used on a parcel not directly abutting the designation, and may not apply to more than 50°%oj'the land being developed. The predominate land use designation is MDR and the applicant has the ability to design the project to meet density perimeters of the AfDR designations provided other- goals ofthe Comprehensive Plan are being met. - Page 10 - 4s discussed below, R-15 zoning is proposed at the less dense eastern portion of the site to allow,the option o f private streets without sidewalks., Stuff has concerns with the private streets, specrf ically the long-term maintenance and interconnectivity with surrounding developments. If these roadivgys are not constructed to ACHD standards, the likelihood ofACHD accepting these streets in the,future is slim. .41 o, stafj:finds that although most ofthe open space meets the minimum dimensions, not all oj'it is quality open space(please see the qualified open space section below). The Fire Department has noted concerns with the access and serviceability ofthis project ahead ofthe_fire station being constructed next to Discovery Park. Finally,public services are proposed to be extended near the fringe of the City rather than to vacantlunderdeveloped infill parcels as desired. For these reasons. Staff is of the opinion the proposed annexation ►nav not he the best interest of the Cite at this time. C. Annexation &Zoning: Portions of the annexation area are contiguous to a portion of the current City limits boundary and within the City's Area of City Impact at the east boundary. Most of the surrounding properties are still within unincorporated Ada County. A legal description and exhibit map for the annexation area is included in Section VI.A. The proposed annexation area consists of two(2) tax parcels containing a total of 80.46 acres of land designated as LDR and MDR on the FLUM and contains land to the section line of S. Eagle Rd. The Applicant proposes to annex the two(2)parcels, zone the western 43.85 acres with an R-8 zoning district, and the eastern 36.60-acre portion with a R-15 zoning district. The R-8 zoning district allows lots as small as 4,000 sq. ft.with a minimum street frontage of 40'. The western 43.85 acres of the plat proposed for R-8 zoning reflects lots that meet this minimum lot and frontages requirements. The R-15 zoning district allows lots as small as 2,000 sq.ft.and has no requirement for a minimum street frontage.This zoning is typically reserved for higher densities, including single family attached, townhomes and multifamily.It is important to note that with the previous application,staff informed the applicant that the private streets that are proposed with a significant portion of this development were not allowed under the R-8 zoning that was originally proposed for the entire development.The provisions for private streets apply only to properties that do not have frontage on a public street or where frontage is not required.per UDC 11-3F-2.The applicant has subsequently revised their application to propose R-15 zoning merely for the purpose of being eligible for private streets whereas all other dimensional standards would comply with the requirements of the R-8 zone. Staff believes the development should incorporate public streets within the entire development and zone the property in accord with the more appropriate R-S zone(Please see the access section below for more discussion regarding the private streets).In previous discussions with the applicant,staff has suggested the applicant either rezone to PUD,or initiate a code change in regard to requirements for private streets. The applicant has chosen to move forward with a request to rezone to R-15. D. Existing Structures/Site Improvements: There are two(2)existing homes and outbuildings on this site-the 5,892 square font home constructed in 2002 at the east end of the site is planned to remain on a lot(Lot 64, Block 5) in the proposed subdivision; the home and accessory structures on the west end of the site are planned to be removed with development. These homes are accessed via a private lane(E. Adler Hof Ln.)from S. Eagle Rd. If annexed,the home proposed to remain is required to hook-up to City water and sewer service and change their address. Page I 1 E. Proposed Use Analysis: Single-family attached and detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in the R-8 and R-15 zoning districts. The proposed use,with two housing types,is mostly consistent with the purpose statement of the residential district in that a range of housing opportunities and a variety of dwelling types would be provided consistent with the Comprehensive Plan and UDC l 1-2A-1 and 1 I-6A-1. However, proposing to rezone a portion of the property to the R-15 zone when R-8 zone would suffice merely for the reason of being eligible for private streets is not consistent with the purpose statement of UDC 1 1-3F-1. While this isn't an uncommon practice,this section states that"it is not the intent to approve private streets for single- family, duplex and/or townhouse developments other than those that create a common mew through the site design or that propose a limited gated residential development"as no single family attached are in this area and no common mews are proposed. Further, a limited gated community as specified in the UDC is 50 or fewer homes. As noted below,the applicant is proposing that 112 homes utilize the proposed private street in an area that doesn't have an established street network and limited access.Therefore,the director has denied the private street application(see below for analysis). F. Dimensional Standards (UDC II-I); The proposed preliminary plat consists of 328 building lots,40 common lots, and 14 other lots(i.e. common driveway lots, I private street lot and 1 lot for the existing home) on 80.46 acres of land. Development is subject to the dimensional standards listed in 11-2A-6 and 11-2A-7 for the R-8 and R-15 zoning districts. Lots in the western portion proposed for R-8 meet the minimum lot size of 4,000 sq. f#.with a 40' tot frontage. Although the lots in the 35.6-acre eastern portion proposed for R-15 meet the dimensional standards of that zone district(minimum lot size of 2,000 sq.ft. and no minimum frontage requirement)as presently proposed, they would also meet the minimum requirements of the R-8 zoning district. 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,common driveways and block face. Block length is required to comply with the standards listed in UDC 11-6C-3F. Block faces should not exceed 750' in length without an intersecting street or alley unless a pedestrian connection is provided,then the block face may be extended up to 1,000' in length. The City Council may approve a block face up to 1,200' in length where block design is constrained by certain site conditions as specified in UDC I 1-6C-3F.3b. The face of Block 9 on the north side of the Farr Lateral is 1,000'+1-and does not contain a pathway or intersecting street or alley. This is also true of the section of Block 5 that is south of private street A of more than 850 feet. Council approval would be needed,or the plat would need to be revised to comply with the standard. At the northeast corner of the site,a street ending in a cul-de-sac is proposed which will likely exceed the maximum 500' length allowed in UDC 1 I-6C-3B.4 depending on how the property to the north develops. Staff had recommended an internal street access to this portion of the development rather than the sole access being provided via a stub street from the north.The applicant has responded due to the topography in this area,they cannot provide the recommended internal access. However,just to the north of this cul-de-sac,the plat shows a golf cart path in this general area. Twelve(12)common driveways are proposed; such driveways should be constructed in accord with the standards listed in UDC 1 I-6C-3D.A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. An exhibit should be submitted with the final plat application that depicts the setbacks, fencing. building envelope,and orientation of the lots and structures accessed via the common Page 12 driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the apposite side of the shared property line from the common driveway. Address signage should be provided at the public street for homes accessed via conunon driveways for emergency wayfinding purposes. Where two(2)common driveways are proposed that adjoin,bollards(or other barrier approved by the Fire Dept.)should be placed at the common lot line to prevent a through connection between streets. The applicant has submitted a phasing plan. The phasing plan shows nine phases,with the first phase occurring directly adjacent to S. Eagle Rd at the proposed public street, Number of lots being built out vary between 59 at the first phase,to 23 at the last phase. Phase 8 and Phase 9 are both disconnected frorn the rest of the subdivision, although staff does believe an access could be constructed across the Farr Lateral between.Phase 1 or 2 and Phase 9. UDC 11-3F-4 prohibits common driveways off of private streets whereas this proposal includes three common driveways served by private streets.The applicant has requested alternative compliance from this standard. G. Access(UDC 11-3A-31 The existing roadways in this area are rural in nature. Eagle Rd. is currently improved with 2 travel lanes and no curb,gutter or sidewalk. Improvements and a signal are planned for the Lake Hazel/Eagle Rd. intersection in 2023. Lake Hazel is planned to be widened to 5-lanes between Eagle and Cloverdale Roads in 2024, and to 5-lanes from Locust Grove to Eagle Roads between 2026 and 2030; no improvements are planned to Eagle Rd. south of Lake Hazel abutting the site. The applicant will be required to constrict 5-foot-wide sidewalk on S. Eagle Rd abutting the site. One (1)public street, Street A, is proposed for access via S. Eagle Rd. as a collector street to the intersection of Street C, also a public street. Three(3)stub streets are proposed at the north,and two(2) stub street are proposed at the south boundaries of the site for future extension in accord with UDC I 1-3A-3. One of these southern stubs is a secondary emergency access to E. Vantage Pointe Ln. to be constructed with the first phase of development. There is also a cul-de-sac at the extreme northeast serving 15 additional lots, which is intended to connect to a public road through the recently approved Pura Vida Ridge Ranch. This area is shown as Phase 8 and does not connect to the rest of the Skybreak Subdivision,except for the connected pathway system. There are two southern roads shown to connect from the subject property to E. Vantage Pointe Lane to the south. E. Vantage Point Lane is a private road, and the applicant has only demonstrated the legal right to use this road for emergency access(Inst. #2020-063349); public access is not allowed. This is adequate for emergency access to occur from the cul-de-sac shown at the end of the public street shown as Street J. However, this application also shows an additional 23 lots being served from a double cul-de-sac shown as Phase 9. The applicant has not demonstrated they have primary legal access to these lots via E.Vantage Pointe Lane. The applicant has responded that they intend to eventually obtain this access and will build out this later phase when it is obtained, but staff is concerned with an application which proposes annexing and zoning 23 lots into the City, without proof of access. The applicant should construct a roadway across the Farr Lateral to provide access to the portion of the development for better integration. The Fire Department has noted in a letter dated February 16,2021 that they are concerned with a large subdivision with only one access out to S.Eagle Rd.Two of the three northern stubs go to properties within unincorporated Ada County which are not proposed for development at this time.The third northern stub only serves Phase 8 which does not connect to the rest of the subdivision. if access from the north via Eagle Rd. is blocked,in the event of an emergency,emergency vehicles would have to travel an additional 3.5+1-miles around the square mile to access the site creating a potential life safety Page 13 issue due to a delayed response time. Staff has recommended the applicant pursue a northern access to allow access from this subdivision via the public road in the Pura Vida Subdivision and to E. Lake Hazel Rd, but the applicant has responded that due to topography this is not feasible,although the applicant has managed to configure a golf cart path to the golf course at the north. In addition, the Fire Department has mentioned the majority of the subdivision is outside of the 5-minute response area,and the nearest station (Station 4) has a low reliability rating.This would improve if and when the southwestern fire station adjacent to Discovery Park is constructed in 2023.The applicant has submitted a phasing plan which shows each phase has at least two accesses for emergency service, but as mentioned,except for Phase S at the northeast corner,all the other phases rely on only S.Eagle Rd for access.Staff is aware that access will improve in this area over time however,it is contingent on other properties developing in the area to provide the necessary road network. A combination of public and private streets are proposed for access within the development—public streets are proposed on the west and private streets serving 112 lots are proposed on the east end of the subdivision. Three (3)common driveways are proposed for access off private streets(see analysis below). The applicant has provided sections of the private streets with this plat application(see Section VI). Although the plat does not indicate exactly which private street cross sections are proposed in which area,the street sections show private streets as narrow as 27',none of which include sidewalks.Since the time of the pre-application meetings,staff has responded that staff does not support this many lots being served by private streets.This is because this results in streets that would pass the maintenance costs on to the homeowners through the HOA, as ACHD would not accept these roads in the future if there were financial constraints. Staff has requested the developer state the reason for requesting private streets other than the additional costs to build them to the standard template,and the only responses staff has received thus far is that there is a demographic of senior home buyers that prefer the security a gated community can provide and that the gates and private streets will provide a more intimate setting.Staff agrees that there are probably buyers that would prefer gated communities and private streets,but still does not understand why narrow private streets are preferable to streets built to standard templates and containing landscaping and sidewalk. As noted above,staff finds the proposal is not a limited gated community,exceeds more than 50 homes.Therefore,the plat should be resigned to incorporate public streets for the entire development. As noted below the applicant has requested alternative compliance (ALT) to allow 112 homes as proposed.The director has denied the applicant's AL.T request. ALTERNATIVE COMPLIANCE The applicant proposes 112 gated lots, and 3 common driveways off a private street. UDC 11-3F-4 states a proposed(gated) development shall have no more than 50 dwelling units, and no common driveways shall be allowed off of a private street. However, I 1-3F-4 also allows the director to approve, or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design ineets or exceeds the intent of the required standards of this article and shall not be detrimental to the public health, safety, and welfare. Requests for alternative compliance are allowed only when one(1) or more of the following conditions exist: a. Topography, soil,vegetation,or other site conditions are such that full compliance is impossible or impractical; b. The site involves space limitations or an unusually shaped lot; c. Safety considerations make alternative compliance desirable; d. Other regulatory agencies or departments having.jurisdiction are requiring design standards that conflict with the requirements of this article; Page 14 e. The proposed design includes innovative design features based on "new urbanism", "neotraditional design",or other architectural and/or site designs that promote walkable and mixed use neighborhoods; f. Additional environmental quality improvements would result from the alternative compliance. In order to grant approval for an alternative Compliance application,the Director shall detennine the following: 1. Strict adherence or application of the requirements are not feasible, or 2. The alternative compliance provides an equal or superior means for meeting the requirements;and 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The applicant's alternative compliance letter mentions there is a demographic ofsenior horse buvers that prefer the security a gated community can provide and that the gates and private streets will provide a more intimate setting. Staffagrees that there is probably a demographic that would prefer gated communities, but this is not a condition required,for alternative compliance. The Director finds the applicant has not demonstrated the creed,for a private versus public streets as noted above. The plat indicates private street sections with no sidewalks and minimal landscaping, whereas ACHD templates require 5'sidewalks and landscaping. Also, the applicant proposes alternative compliance to allow three common driveways f►-ow the private streets. whereas this is not allowed by UDC 11-3F-4-6. Slaff does not undersla►nd how what is being proposed is an equal or superior means to meeting requirements, Providing narrow private streets with no sidewalks, ►ninimal landscaping, and common drivewr-r s ft•om these private streets is not an innovative design features that promotes walkable neighborhoods. Finally, as was already mentioned. gating the community will also slow response times when there are already fire access concerns, which would he materially detrimental to the public welfare. H. Parking(UDC 11-3C : Off-street parking is required to be provided in accord with the standards listed in UDC Table l 1-3C-6 for single-family detached dwellings based on the number of bedrooms per unit. A parking plan is included in Section VII1.J that depicts a total of 334 on-street parking spaces along public and private streets; parking along private streets must be approved by the Fire Marshall. 1. Pathways(UDC 11-3A-S): The Pathways Master Plan(PMP)depicts a north/south segment of the City's multi-use pathway system along the east side of the subject property and along the south side of the Farr Lateral at the southwest corner of the site.The Applicant has worked with the Park's Dept.pathway coordinator on the design proposed along the east boundary; the pathway along the south side of the Farr Lateral is consistent with the PMP. The pathways are required to be placed in a 14-foot wide public pedestrian easement or a note should be added to the plat which allows public access in the common lots intended for pathways. Ten-foot(I W y wide segments of the City's rnulti-use pathway are proposed within the street buffer along Eagle Rd.,along the south side of the Farr Lateral,along the Ten Mile Creek and the northern portion of the east boundary of the site and a golf cart path. Other pathway connections are also proposed for pedestrian intercomrectivity and access to common areas within the development.A pathway connection is proposed between the pathway on the eastern portion of the site to the sidewalks along internal public streets on the west end of the site. A total of 5,167 linear feet of pathways are proposed in this development(see exhibit in Section VI).All pathways are required to be constructed in accord with the standards listed in UDC 1 1-3A-8 and landscaped per the standards in UDC 11-313-12C. Page 15 Where pathways are proposed in common driveways (i.e. Lot 25, Block 9)they should be located in separate common lots with landscaping on either side in accord with UDC 1 1-3B-12C. J. Sidewalks (UDC l 1-3A-17): A 10' pathway is proposed along S. EagIe End. with a combination of detached and attached sidewalks along the internal public streets. No sidewalks are required or proposed along private streets except for along private Streets K&S where a detached sidewalk is proposed for a pedestrian connection between the pathway on the east end of the site to the sidewalk along public Street I on the west end of the site. K. Parkways (UDC 1 I-3A-]7}: Eight-foot wide parkways with detached sidewalks are proposed along the entry street(Street A) and in a few other areas; sidewalks are mostly attached with no parkways in this development. All parkways are required to be constructed in accord with the standards listed in UDC i 1-3A-17 and landscaped in accord with the standards listed in UDC l 1-3B-7C. L. Landscaping(UDC 11.-3B A 25-foot wide street buffer is required adjacent to S. Eagle Rd.,an arterial street: a 20-foot wide street buffer is required along Street A where it is designated as a collector street (i.e. from Eagle Rd. to the intersection of Street C), landscaped per the standards listed in UDC l I-3B-7C. A 50' foot+1- wide buffer is proposed along Eagle Rd. and a 30-foot wide buffer is proposed along the collector street(Street A) landscaped with grass and deciduous and evergreen trees and shrubs in excess of the minimum standards. Parkways are required to be Iandscaped in accord with the standards listed in UDC 11-3B-7C. Landscaping is proposed within parkways; calculations should be included in the Landscape Calculations table that demonstrate compliance with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B-12C. Landscaping is proposed along pathways; calculations should be included in the Landscape Calculations table that demonstrate compliance with UDC standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11-3G-3E. Landscaping is depicted in common areas in excess of UDC standards except along the Farr Lateral and Lot 46, Block 5 (the ridge lot with the trail). There are existing trees on the site within proposed building lots that are proposed to be removed that may require mitigation. The Applicant should coordinate with.Matt Perkins,the City Arborist,to determine mitigation requirements per the standards Iisted in UDC 11-3B-10C.5. M, Qualified Open Space(UDC 11-3G): A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required. Based on the area of the proposed plat(80+/-acres),a minimum of S acres of qualified open space should be provided. The Applicant landscape plan notes the development provides 14.99 acres(or 19.4°bo)of qualified open space. This open space consists of parks,street buffers, linear open space,parkways and common areas greater than 50' x 100' in area, including the slope area on the cast end of the site(see qualified open space exhibit in Section VI). Although the open space complies with the minimum UDC standards in regard to dimensions, Page 16 -- some of the open space area being credited consists of unusable arteriallcollector street buffers and end caps with parkways,the easement for the Farr Lateral, and areas that aren't centrally located for easy access. It is staff s opinion that the applicant has the opportunity to reconfigure the plat to consolidate additional open space to make it more accessible and useable. UDC 11-3G-3-E requires that at a minimum, common open space areas shall include one(I)deciduous shade tree per eight thousand(8,000) square feet and lawn, either seed or sod. There are areas being credited on the applicant's open space exhibit as qualified open space, such as land within the Farr Lateral casement,and all the challenging and steeply sloping land in Lot 45,Block 5 at the east that do not meet the minimum landscape requirements. In addition,the pathway shown along Lot 45, Block.5 would need to be landscaped with one tree per 100 linear feet of pathway as required per UDC 1 1-313-3-12 in order to be credited for qualified open space. N. Qualified Site Amenities (UDC 1 I3G}: Based on the area of the proposed plat(80+1-acres), a mininnan of four(4) qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C. Proposed site amenities consist of children's play equipment/structures,a picnic shelter/shade stricture, pathways,two dog parks and additional open space of at least 20.000 square feet above the minimum UDC requirements. Dog owner facilities are required to be improved with a dog washing station with a drain to sanitary sewer system and trash receptacles and bags for dog waste disposal; or fencing to enclose a minimum 0.75 acre of open space for an off-leash dog park and trash receptacles and bags for dog waste disposal per UDC 1 1-3G-3C.h. Although the proposed amenities meet the minimum standards,they are primarily located along the northern and southern boundaries of the site or in the gated portion of the development and are not centrally located(see details in Section VII.D), which Staff is of the opinion is not ideal. Staff would preter the open space be reconfigured to allow more useable open space and amenities toward the center of the development. Further, UDC 11-3G-3D.3 requires common open space and site amenities to be located in areas of high visibility to avoid]ridden areas and corners,dark areas, unusable space and reduce the opportunity for crime. Staff does believe the sports park, playground and pathways are adequate amenities,but as mentioned above, believes more useable open space and centrally located amenities should be incorporated into this project. 0. Storm Drainage(UDC 1 I-3A-19): An adequate ston-n drainage system is required in accord with the City's adopted standards,specifications and ordinances. Design and construction is required to follow Best Management Practice as adopted by the City. P. Irrigation(UDC 1 1-3A-15) An underground pressurized irrigation system is required to be provided with development to each lot within the subdivision in accord with the standards listed in UDC 11-3A-15. Irrigation water is provided from the New York Irrigation District. Q. Waterways (UDC 1 1-3A-6): The Farr Lateral runs across the southwest corner of this site within a common lot(Lot 51,Block 9)and Ten Mile Creek runs along the northeast corner of the site.The Applicant proposes to leave these waterways open and improve them as linear open space with a I 0-foot wide multi-use pathway. However, if these waterways are intended to be improved and credited as Iinear open spaces,they should be accessible and usable,and Page 17 landscaped in accordance with UDC l 1-3B-12 and UDC 11-3G-3-E, including one tree per 100 pathway feet and one tree per 8,000 square feet of open area,as well as vegetated with seed or sod. R. Fencing(UDC 11-3A-7): All fencing is required to comply with the standards listed in UDC 1 i-3A-6C and i 1-3A-7. Six-foot tall open vision vinyl slat top fencing is proposed along connection pathways and the Farr Lateral,4- foot tall open vision wrought iron fencing is proposed adjacent to the dog parks and 6-foot tall vinyl fencing is proposed along street buffers and the perimeter of the subdivision as shown on the landscape plan. UDC 1 I- 3A-6C.3 requires open laterals to be fenced with an open vision fence at least 6-foot in height and having an 1 1-gauge,2-inch mesh or other construction equivalent in ability to deter access to the lateral. Staff recorrunends open fencing is installed between the lateral and the pathway to preserve public safety. S. Building Elevations (UDC I 1-3A-19 � Architectural Standards Manualj: The Applicant submitted sample photo elevations of the types of homes planned to be constructed in this development which are included in Section VI, Homes depicted are predominantly single-story,some with a bonus room, with a few that are 2-stories in height proposed on the east end of the development on or near the rim. All but 44 of the homes are proposed to be restricted to single-story with the option of a bonus room; the larger lots on the east end of the development are not restricted to single-story homes(see exhibit in Section VII.J). Building materials consist of a mix of finish materials(i.e, horizontal and vertical siding and stucco) with stone/brick veneer accents. VI. DECISION A. Staff: Staff recommends DENIAL of the requested annexation and preliminary plat based on the Findings in section IX. and the Director has denied the private street and alternative compliance based on the Findings in section IX. B. The Meridian Plann ing& Zoning Commission heard this item on A ri1 1 2021.. At the 12ublic hearing,the Commission moved to recommend DENIAL on the sub+ect annexation request. I. Summary of the Commission public hearing_ a. In favor: Deborah Nelson b. In opposition: Kathy White,Stephen.Rankin C. Commenting: Deborah Nelson d. Written testimony: Staff received 13 letters in opposition. Issues expressed include density, lack of transition to Vantage Pointe Subdivision, lack of sidewalks and narrowness of private roads, developer trying to fit in as many lots as possible without providing quality amenities and necessary infrastructure,emergency access,lack of cooperation with the adjacent neighbors,and a large higher density project being located on the fringe of the City. e. Staff presenting application:Alan Tiefenbach f_. Other Staff commenting on application:Bill Parsons,Joe Ban- - Page 18 2. Key issue(s)of public:testimony. a. Density and lack of sidewalks. 3- Key issue(s) of discussion by Conunission: a. Commissioners expressed issues related to density, lack of transition, lack of sidewalks, amount of private roads, low fire station reliability and whether Station 4 will even be built and staffed,trying to pack in as many houses as possible,not walkable, lack of amenities, emergency access issues,past problems with HQAs taking on costs associated with private streets,and the proicet not being a"premier"community. 4. Commission change(s)to Staff recommendation: a_ None C. The Meridian City Council heard this item ou May 26.2021 and June 29,2021.At the public hearing, the Council moved to approve the subject annexation requests. 1, ummary of the= _Couacdpublic he-purinng_ A, In favor: Laren gadey,Jim_Conger, Deb Nelson t. In-opposition; Ten citizens tstified in apposition-to this application. c. Cementing: Laren BaileyJim finer.Deb Nglso� Written teAtjMvy: Staf l�cgly 1 1 i� ix pgo� Qri gaff'�r�enting_apuli�atiQn�Alan�'itrf�nha�h L 9th r Staff commenting m pa lication Bill Parson Key issEt�stit��- - a, D rtsit ,.la k-d1pazt iitSon t Yanta a Pointe_Subdiv_W u,-Zack of sidewalks and namowness of private roat�s�[leiieinn-er inLy t- fit in as man+y as-nmMIC wlibmt pA-Yidi]3t ality—amenities.and nec.e.m infrastru-Mrc.emergency_ac_c_cS_S lack-of 000neration with the adiacent neighbors,-and a lame hi er densityrprQiect being located on the fringe-of-the Cite aading-an-er sion_ls mes allegedly caused by the przp-rkt=plimut OwOthi r mi-epts--pQm- c-draji ,imp-w-ts-_�.antage_painw - Subdivision. I Key issue(s)of discussion by City Council: a. L_ack��t�ran�itinn inslen�iSy�l�c�fsid�w_alks�wh�tkier bet#e��n sr�ace-could-be p ovided,draina -i 4- City Coux it change s)to mi szs_"_an recnmaxndati ar City-Cone -wnti=d_theapplication_from-May?6,-2021_to-June 29a 202-1for_ata.ffand the applicant to address issues relating to lot transition at the south, lack of sidewalks, and to reorient open space. 4, City_jZe eiatafnd` iuo a taff had not prepared conditions due to their recommendafion for Beni i. Page 19 VII. EXHIBITS A. Annexation Legal Description & Exhibit Map (date 1/20/21) A&k Sawtaoth Land 5urveylnq, i_LC D` Skybreak Annexation Legal De-SCription BASIS OF BEARINGS is S, 01212'52"W betwuan a found alurn.num tap*narking Lhe VVV4 corner and a fnuntl alurirrium caa marking ilte NW(mmer of Section 4,T, 2 A_ R. 1 E., R.M., Ada County, Idaho. A parcel of land iocatt a In the S112 of the NW 1/4 of SecWri 4 Tnwnshtp 2 NafW, Range S East,Wise hterldlan, Ada County, Idaho, more partlWarty describe-0 as follows. COWENCING at an aluminum rap marking the NW cnwrwr-of sid Secwn 4, Thence S. 0412'52"W., cancident wlih the west line of said NW IM anti tr,e centcT M or S, Eagle Road, 1312,07 feet to ao alurrinum rap PIS 1355d, marking the N 1/16 corner of said Section 4 and the POINT OF BEGINNING; Thence S_ B9°S2'22"E�., coincident with the nartt+ +Ine of said 5112 of t4c NW114, a distonre of 1321-03 Net,to a 51t3"revar/cap PIS 6,45, marking the NW1J 1.6 corner of Laid Section 4; Thence.89°56'41"E,, colnclt]eni with Sad no-Vi tine, 1321,to feet to a S18"rebar/rap Pt 4347, markiiig the CNA116 corner of said Sechoo 4.- Thence 5- 00'437'07"W-, coincideoL with Uw-east line Gr said NWIil, a distance of 1.333.72 fea to a 3?4' rebar/cap aL5 6,15, nrarking the C114 corner of said Section 4; 7benee N.89,4812"W., coincident vvith the south line of said aeWan 4, a aNWnre of 2532.71 feet to a.n ilregiole aluminum rap, marktng the W t14 of said SecLian a; Tnen[e N, 00-'12'57"f, concldent With said west line, 1326.27 feet to the POINTOF BEGINNING. Tree above described parcel contains 80,4GI aces more or less. �z � L u. 11574 05 �I I*A; If &of SOP BEA�1• Page 20 - CaAaM OF HFAXOM PRO -- — - s !►nrs �'r ��� ors � I C,• � � _ l o #tn day 1 ' In t I i I I I I � M �z fI rl � I f I a � I f I - I � i I Ix I I I x s��tarty CY)n, _ —I 2+ URM"m Page 21 B. Rezoning Legal Description and Exhibit Map (date: 1/20/21) 5awtooth Larid 5urvey nej, LL{C - �c , F j2:)5, ;9e,d 1 C�A F! 06, 395 8 r 0-3 a 1157 4 ��i�_� !�rA�rrIl G1rra" �.r_ Frr!rr�l IJ tR7 I 1 F Of 10" Skybreak R_g Zoning Description FREAG�� BASIS OF BEARINGS is S.0912'52"W. between a found aiurrmurn cap marking the W1�4 ccrner and a found aluminum yap marking the NW rnrrie* of Section 4, T. 2 N., R. 1 E., B,M„ Arta County, Idaho. A parcel of Cana iDmteed in tree 51/2 of the NWI�4 of Section 4 ToWri5hip 2 North, Range 1 East, Halle Meridian, Ada County, Idaho, more partWarty described as follows- COMME14CING at an alorninurt+ cap marking the NW corner of said Section 4; Thence S. 0a12$2"W., couicicie!ot with the we5L line of said NIW1 J4, a distance of 1.352,07 feet to an alumlrwn cap PL513550, marking the 141/16 corner or said Section 4 and tfie POINT 4F BEGINNINNG; Thence S. B752`22" E,, cc 4ncida-nL with the north lure of said 5112 of the NWW4, a distance of 1321-03 feet tv a 5/8" rebwlcap PIS 645, marking the PJW1/16 c_orrwr of said Section 4; Thence N. 89°56'41"E,, cnincld+errt with said north line, 261.14 feet; Thence S, IAA°12"52"W., par¢iliet with said west tine, '37,56 feet; [hence N. 891008'W., 5.43 feet; fhepre S. O 012V"W., parallel witty saki wet lime, 454.70 feet; Thence N. 89"1173"W., 7-1.73 feet; (hence N. 7105579"W., 35.46 feet; 1lience N. 8904-I'256,W., 157,n feet; I hence S. 00°12'52"W., parallel with saint wQs� line., 146.02 feet; Thence S. 89"47'08" E,, 22,31 feei'j Thence S. 00012'52" W•, parallel w'Fth said west Iine, 601.95 feet Lo the south line of said NWIJ4, Thence lN. 89'048'12"W , coincident with Said south 4me, 1334.42 feet to an 41eqftile alum'num cap, marking tri: W114 df said Section 4; Thence N. 00012'52" E., cafriddant with yard west-line, 1326.21 feet to the POINT OF BEGINNING. The above described parcei Contains 43.85y9 acres retire or less Page 22 RUM Dr MZL91Rw PR a urns ROAD saP•1r3,•w 4"-br _ a 4 1� y a i a � � I v, m 4 IP V� m I I � I 1 N r 1wA . � rn r s - s W'1t31T W 69:.93, u z r � !'T'I -- -- s 00117'til•ri 41-1-t 7O x � vt I ' �p to rl 1 _ F s ao-3rvr•w r n T.rr- � owpurm - Page 23 5awtooO Land 5urweylny, LLG � ,r � VA s CS3f� �. Y►'.�7h�ri�rs�, A��- t7}m_-fit, I���� � �� �f��l �� Skybreak R 15 Zoning Description SEA BASIS OF BEARINGS is 5, 01"12'52"W. between a found alurnini-im cap mar larpg the W11,14 tourer and a found alurninurn cap making the NW tamer of Sectmm 4, 1. 2 N., R. t E„ 8.M., Ada Gourtty, Idaho. A,parcel of laf;d located in the 5112 of the NW1/4 of Seition 4 Township 2 North, P.ange 1 East, Boise Merid►an, Ada County, Idaho, more panl cularly described as roll❑ws. COMMENCING at an alurninum cap markmq the NW comer of said Section 4; Thencr S. d412'52"W-, ccKwjdent with the west line of said NWJ/4, a distance or 1352,07 feet to an aliimrnurn cap PLS 13550, marling the N1/t6 comwr of saKl Section 4; Th rioe S. 89"52'22" E., cclwdent with Ilie Ftiorth line of said 51/21 at the NW IJI, a distance of 1321.03 feel Lo a SIB" rebar/cap PL.S 645, marking the NWV16 corner of swil section 4; thence N. S S6 41"E, coincicim1-With said earth line, 261.79 feet to the POINT OF BEGINNING; Thence contlnurng 14. 89 55'41" F„ coincident wINi said rrarlh line, 1054.3I feet to a 5/Sm rebar/cav Pl.5 4341, rrirking the CNN/16 corner of ,aid Section 4, Tttirrice S. 00137'07"till!., coirlddent with the ea5t iirve of said Secuort 4, a distance of 1333.72 feet to a 3,;" rabar/rzp KS 645, marking the G1g4 corner of wild Secltrn 4; 1'hence W 89°48'12"M, coincident with the snuth 'line of sa,d NW 1./4, a distance of 12H9,29 feet; Tneoce 'u 001112'52"E, parallel wish said wrest lfrtie, 601.95 feet; TrWr%Ce W. 891147'08" W., 22,3t Fit; Thence N [10110352" E., parallel with said west fine, 146.02 reetF Thence& 89"1144'25" E., !57.19 feet; Thence S, 711355`29" E., 35.46 feet; Thence 5. 89"41'23"E., 73.73 Beet; Thence N. 00`I2F52"E,, parall0i with said west line, 4S•1.?0 feet, Thence S. 691147'08"L, 5.41 fese , Thence N. 0001.2'52"C,, parallel with said west lire, 1-37-56 feet to Tie POINT OF BEGINNING. The above described parcel contains 36.604 acres more or less. Page 24 DAM OF XNAAM 4 PFJ a saaIA Raja + +—'oa w xrls�• At — ?r 171d7r' - � Id77�- U r t i I I � n 61 I 1 NJ I I � N f10'1I5diE aC2.�s�_ S � N I rn tq rq rh , M �r i 4 - � [, a � I I ��j1 w w z ; ILI rr p ry 3momb--LM-Ammp— rxrurnm 1k V1 Page 25 C. Preliminary Plat (date: 124 1/202$61I(12021} S�YSp']!'E iP9s b.,' Np�'EA•762 LQ,,9 44 1 L I ' Md6wl26•N�29�.l6 HT4-[CP6�11,5,5_�F D. Landscape Plan (date: „'�A20)-OLO 2021 a' w *a Page 26 -i 9Q � ff L Y �i 1 rr AIL MOMS A01 ►. +� 0 �Illli I - C. Zoning Exhibit(date: 12110/2020 611812021} R-8 Single Story, R-15 wo Story, H 1 j Attached + ,I - - Single Family ------- - - �-yam '�•j'r;_=-=�_ i � } -_ —. �- I _ R-15 Large Rim Lot ("CEO Housing") R-15 Gated Single _ Story, Single - — R-8 Single Story. i Family Single Family - r `R-15 Gated, Single Family I Custom - H. Phasing Plan(date 2/10/21) w• � e I I -=`i. L ---.. -- —-- -- I I. Proposed Private Street Sections[date: 6116121] L L L l!W !-i TiQ Li I�r erg I I PRIVATE STREET SECNXi AT CATE-HOUSE -kAK WILT,=•.YE PP3A' L L i In PRIVATE STREET S€CTEON WMH MEDIAN 5 ANO a ■ I 2+PUBL)C 57EFT(STREETS S,D,r,C, I,Ui s SAE WT T)=.."-LE FPi 7 L L L I T i i 1C� 1•-i T�L.T ? PRIVATE STREET S5TREE75 L,M,N,Q. M �a a uF WT r)s[ALE »3.r 28'PRIVATE STREET[STREET A, 9 �1u •r:rt r.��ue PF�.: A i -s T� C T I ale`Jifse� Y ��AM c.l-o 2r PRIVATE STREET WI DETACHED WALK ONE SIDE(STREETS K,a AND R) , `OLU PAT Pi S--%E Page 29 J. Phasing Description (date: 12110/21) PROJECTED PROJECT TIMELINE Milestone Date 2021 - ■ City Council Approval est. Aril 2021 ■ Ea�;le Road -Amity to Victory Road Widening to 5 Lanes 21)2 I 2022 - 0 20 Homes Occupied 1't home available April 2022 August 2022 2023 - 0 Lake Hazel Road and Eagle Road Intersection Construction 2023 ■ Eagle Road -Victoa to Anai Road Wideniiig to 5 Lanes 2023 ■ Fire Station 48 - Completed and Staffed December 2023 ■ 50 Homes Occupied September 2023 2024 - ■ Lake Hazel Road - Eagle to Cloverdale Road %Vi d e iihig to 5 Lanes o24 ■ 100 Homes Occupied lutie 2024 2025 - ■ 150 Homes Occupied Juice 2025 2026 - ■ 200 Homes Occupied June 2026 2027 - ■ 250 Homes Occupied ]tine 2027 2028 - ■ 300 Homes Occupied June 2028 Z+029 ■ Completion December 2029 Page 30 K. Proposed Amenities(date: 7 fiLU 1-please refer to Narrative for more details) r I - � r. J. 'Ilk 1 A. Large 3/4-Acre,Tot Park(Block 9,Lot 52)—The 3 5,14 2 Sqft Skybreak Neighborhood park will contain the following recreation facilities: ■ Play Structure ■ Seating Benches ■ Shade Structure ■ Climbing Rocks • Large Grass play area + Attractive Landscaping ■ Playground fencing for safety Rik, B. Pathways—The Skybreak Neighborhood will include the following pedestrian pathways: ■ 10'Wide Regional Pathway Along Eagle Road—1,326 LF ■ 10'Wide Regional Pathway Along the Farr Lateral—1,120 LF ■ 10' Wide Regional Pathway Along Ten Mile Creek-526 LF • 10'Wide Golf Cart Path -760 LF ■ Natural Path—1,435 LF Pedestrian pathways within the Sky break Neighborhood will total nearly one mile in length. Page 31 g Parks (Block 2, Lot land Slack 5, Lot 121) -The Skybreak Neighborhood park will contain two 2} 114 Ac small dog, dog parks that will include the fallowing: • Open Vision Fencing • Dual Gate System �► • Seating Areas -_ - - 3M E IVATO J • Attractive Landscaping _ r _ lF - - ' I D. Entry Park(Block 5, Lot 114)—The main Collector Roadway will terminate in an attractively landscaped open space that will provide for an aesthetically appealing entry statement that will convey a sense of arrival. + r • Specimen Tree � r s Plantings • Seating Areas • Attractive Landscaping 1 • Pathway I E.Open Sports Park(Block S,Lot - 97)—This park will include: • Large 1-acre open sports area • Pathway Connection . ■: • Seating Areas rr- • Attractive Landscaping i Page 32 ldscaped Passi►re Open Spaces—Located throughout the Neighbonccod: 11 • Attractive Landscaping + Buffering of side yards • Premier Signage and Entry Monuments .� y - f i I f ' Ij + 1. C C f-. �`*+� r r+• Io H. Pedestrian Connection Exhibit Fay; 5. �-Y ,max >� Pedestrian--ofirw0 ari Internal Pathway System i�Regiaral Pathway Pedestran!GoH Cart Palk Page 33 L. Parking Plan(date 511812i1 Ip 7 7— On-Street Parking 338 Spaces Page 34 - M. Common Driveway Exhibits i s I _ � � I .•ror r�srx+�. I I I I rA 1 o,ar r% sErmcx w•�.uv sc.. _ 8 Y _ �- •-•} `T- T —� ,4 I S Tal[E5�'tl�T LIHHT k I � Si Du wr.> cmUMx a a 1• � ,e ,] Scb Fill r smru I 1 r I .�ecas owAwT�'itt MD r k Lor 2a-tff r11,i�Gr SY+iFk7 _ `. ,` .• --', ACCM mGYETNk LOCAM i•-� � I I ON NO tre 9ne OF Lar. � I n I a— —n — —< h� -- — — — I I r*WAR I BLDCK T r ` I SOW EOER r ear I s ti I r s I :a x' XRu4T rw a uv �PE �LT+1UCh I i �i SEMACk TfP 4lr Is TAK EJ OIRF EM I I CH EAr SIDE i QP LQr wLFJ rage jD -Np -rmw ok�;,sr 9EE VF Lrq 71 13 14 35 I I 36 REF7CM D 7)DtE'4EKly A"L,;ENLV r- -—— ————— -----------4- -iff IVX RFAW Sk pi S 32 LLIr 2.1 W7ES LIRB:T T La 92 TAkB URE"T grREET 11 ACEESYs. 13N%E)NAw UJCAI� Acq,431 tmpbmAv OCA fW 50MH WF FLOT ON SOPA i SIDE Of LM L LOT U wyes aw-cl-TKrr ^XJM.ORK",LOCAM E*"OKN'I(IE Wf LGr 33 I—5jOD'SME 1.4 L17 V.T4,mm DpEcr VmEr A=Ss-aa AM DRPIEWA�It LCCAIEV ON p rage 50 f fIlq V Lur FW TME:s CMIT SmEcr cr I LIO 9INT InE ap La 7 SUSa A rw VC 6 L - - ----- &UMA LAC tR TW Ts TMEEt L OCCIESS DRNI�W LM.TV On r;or�M I - — -——————————- - 74 LQI%-u Lir m WPM n.w,�_Wwm rsc 17 II I k2_00,NOR L'T Page 37 r LOT it TAk-F •3Y.SCT:THELT .. )02 Azc-.M DRIVEWAY a!(-AT" d_' COY WWFM SCE OF L01 I u I Cpm"N _ _ — 9RME 73 17-W REA I PEO >•l11Nw�Ar sm*w rm au.ao' PKfYI wok I I I )Li•1 L["r 77 TARIM UIRELT SMGLT A:.-EIS. I!�aLE*Ay LocA-iM -- - f•C !!r EAksT :FE L'F LIFT I I LRr .uTFJ(ES nRE� r I SIDEI — --I i SLocK 5 I — Q MS,V P Mr]F�LCAYED I I I I a I I I I u+r•ru r. AT 7NkTT t I I I I I I I 04'CAST'5113r F W I I I I I I I I I I I I I I I I I + I 193 I 192 I Tel I 15T I 155 I I 15S I I I I I I r34 I 153 I I I � I I germ 7[7 EYE3kZXC�+L"C.♦�'S AXLY I I I I 58 �: 1�9 Fdrt 159LOT V39 � r I y�LQr I hy AkM P14LKXr yr,v;♦ff I I ass.014M�rAYIM pWAM)� 64 SUQ M SIDE Cf IA7. ON MLIM SWE OF LOT + •. Page 38 I _ LOT ESE TDR AO*-! N =k :)N W-TH 211;F .1F WT — - — - f' 17 • W; +i bill I n { �� U L1� w�MYS?hl 16 .ten 1 4 .2 ' - DARE + la I I1� '3 I l;Dn' REAR I I 5E►13�Lii ,� LM 13 T&KE= DIRECT STREET i'G�7' m"t 1� aCtE �.IGRNEn'xv LDC4TM I SKUW-k I !3N Werr IAUtE rF LM. - I 00' WE I I I I ...Y Acy. TM' W = p r�r C F �I YYY X ��II Sy r7 N Page 39 t �� f+sll■f`I!s« • -� � ram.:��. mom M I�lir' MIN m`'. r�r�rr�rirr ����F w WAS 1"W"11 all �i� i WE t w+ii�1i � _IP •ter I iL �i •r a�u■ RIMIMMM it Iasi old ��■� • � f� �: INS ■■ i��we = .; I� rid ��� I► .�II � ONE flw loll' 1'1�.rw� if�a�s + �• �I.m it lr r■ I'll i I�� �r�i ■ �� r.�:: �a�� 1��� � I+ ��I4�� ��� ��I��� ��N-1 y I��� �i� ►, s �+y s :�� f�� A "' WS@09�` �`ii ,Y ` (1Ri �s� i :i ,■� � ; �: +)�) � I�-ra.M��i■1 ���■� �� VI1 L CITY/AGENCY COMMENTS A. PLANNINg DIVIS ml 1 A Deveiopr�ient Agreement is required as a fro -iv -of amQ-- -n of this pr ertu. Prior to aRnrnyal of the.annehati�t�Qtdit?an�._r_�a�A��Ltae enter��ii_ _�_'t�___�����__Vl�risl=ia��-g�ert�+ownerfsl at the time of atin4gation cxdinatac��+3sr is�n wsl#h ye er. i�rrentl�;� 9f 3�3.4�shall��� bX-Ghe 2i an_t tQ t Planning Di�isi �rio_r tQ-o re Went ref the DA,Th& ]DA s allbe��ri b�'-t�i �r�n= awn S nn d tQ tl�e�la nin�l�iYzs�u-wfir_t,-�lx-kW jnpjift_Qf ftCity-Cutca!-get g.t i�wvma�tl�m The DA shall,at minimum, incorporate the f llnwing=pro ision% a I1��1c�h��ls� harh�Q�h�1Zfs�llQw�h� rQv���h�l�an�l9t attain nianr►irt�ndfu� arrtrnent approval for any mom f eafi n . b The nppBcaut_sfaA�ubtnit�wildi ns_sal txplanfor_-the-hilisi-dc-area-to-12-e-awwyedjw-Mer_idiwL w D�-.wrmmt-with the-fiMLfil a.I�d-lt c The ex 5tin gsidenre at 3487 E.AdIer Hof U.(Lot 45 Block 5)_will be rcquipe t�ab d_Qn the well end see ic-system anti COUQct tQ City grater and server with_developrnent of the prop d Tl pli nt_shal_i not s b�uai_t�£it�al plan£�r� a and_�irnti-1� >�ii tr et_as cuss isPrvxi_dcd, e A 30'_rear yard_setback-is required on Lots 74-83,Block-5,abutting Vantage Pointe. f A l.'(exte-rnaD side- and setback an_d_an i.ncreaszd rear se�backSas shown_in applicant's pkajis is required foLot 7.SJ�rk_�fb�tttang Vantage Poit�te—- -- - - - — g Th _rear a_-dA- s d of and L—Qn Structures of Ea le_ 1$-2I B1Q 1: 1. 2 nd 76.79 glOCk 9)shall iricoTporate articulation througb changes in two or t'[morc of the fallQwigg: modulation e,g proje0ons,recesses,step-bacl s,.pop-outs],hays, banding,_porches,balconies.,material types.,or other integrated architectural elements to break a monotonous wall planes and roof lines. Single-story stet tttr �r��x from_this tairerrt z Plannin app -%LwilHJx-x airecL�t�-Qf b-uildiin&p-rmii. h Fulw-e-ky lspx r�tofthi i s11aJl bs arati�orn _with h�n��linvs�an�nl t,a r cane cvngsptual-b adWing- eyaWnsfbr-thesingle-famft attached-=Ldctach-ed-dwellings-in ludcdin-ft attachments cntairtcd her-e-in, 2 Admini trutiye sMoyiew will be required for_all n(,3y At sliq, si-do 9mc-tura- mt itg yyo[2]-a3 m-re_dw-elliny-units, 3 The City Council has approved alternative compliance from UDC 11-3F-4 that limits gated develo m _t - *L10AtA Il r ��ULcd Iats. - - --- -- - 4 Thc-CiiY Qamd,has-a mgyed-altcr-n-atiYe-r�?pliance f m U C-1.1=-3F-4.pruhibit�-�;mmQn drivemw-off private-streets,to_allaw 3 common driveways. S TCity_CQuncil-has a�pprQv-e aL-waYicc frprn-UDC 1.1=b3 limiting;dead=encl sire-cluending-in.a_cl-Jar e_sarp 500_feet.to allow the Phase S cul-de-sac in the northeast corner to extend to approximately 61 5 The City Council has agpro-yed a,wavier from.UDC 1 I-6G-3 limiting btos k face to-nQ more than seven hundred fifty(750)feet in length without an intersecting street or alley to allow Block 9,north of the Farr I,acraLtberpximat__e .I� L44QfWnlength, 7 INLU a �Lr wavier from UDC 1 f-6 ' limi j-g blo--k fa�to no—mre than%-y hitrtdr��fit�y- ? feetin]etagt}Lwi#fiLann_intctinstreet Qr�lley_1Qa11uw_Ilu ,aLangthc soathcrA boundary f the property, to be apnraximately 1,190 feet in length. Page 43 8 Tie sty C9uncil has au ve alternative compliance from UDC 11-3B-12 and 1]D� 1 1-3S- r u'rrin minimum landscaping alone pathways and within common open space_to allow the pathway area shown in Lot 46 9f_Bl�cl: to remain in a natural state, - -- -�� 9 am,&UPA in VD-C-U-3 B 3C and maintenance theref as forth in UDC 1 I-313-11 10 Tk_ li ►t SYLal1_s�-ntt�llprQ� � n�innl���n fn�i r_ girc the C1)��.ri �ni�ritii�h standards as set forth in_UDC_11-3A-7 and 11 3A_-613,as applicable. 11 Facet as otherwise listed above_the devepment shall comply with the nn �vate street requirements as set forth in 11-3F. including the applicant ur owner providing documentation of a binding contract that establishes the party qua=u on dale 4r h retaai_r_ar�d azaaititeoan�es h�riv:at��tAia tudi_t�gr uJatim-Aar the #'undingth� _f_. 12 The platshall comp3y-with the provisi-ons for irrigation ditches,laterals,canals and/or drainage courses--as set forth.in-1 TDC_1 1-3Amf_The Farr Lateral-is allawecl to-remain open.as waived by—City_CQunci]_, 13 E!c W a5_Iiaed a_boye-�th�_applicantshall c_ommllly with—ail4visiatwitktg_a s#reets. 14 The development shall eamply with all subdivision design an improvement standards as set forth in UDC 1I- K73,_inctuding but not_litniteul d�- a11_eys�d-riYe_wa�rs,gommQn driVeW�ymtl9rkttet buffers,and ai�Dx-placement. 15 Off-street parkin -zg �s required to bc provided in accord-with the standards listed.in UDC Table 1.173U-6 for single-family_detached.dwellings base _qn the number of bedr9-oms-Per-unit. 15 The Aunt shall have a ixi n of two fram.the date of C �y�ncil arQyal t obtain Engineer's signature on a final plat in accord with-UDC 11-6B-2. - 17 T-he ApPlicanUhall coamply with all con-diti-ou" AQW-, 18 Staff' aiIure_t4 eite_s ecifi—c ordin to provisions or rmWiti om fi�m the prelirm'nary�lat-&n-d/or-d-c-,velo unc Page 44 B. PUBLIC WORKS Site i l -pdi6m o A mYqul 1, Preliminaryplat-cQ�iceptua7_site-plans_�at 1 l 1.112�ZQ=mast be adjust d_ s fo!lnws a Ttte_sewer main stlzn�a�intersticn Qf�Sfrlax►dp neetis_te_en�i-ina_marthfllc. b The srwe_r main stub at the North m -of Street E noda-tbr end in a n�nhole. c Th ewer on tb"Qu"5#em n dSgk h tl_d nc�-tgo W-Sl��rop-qi WuR&-y.. d Tbe-mwa-main-sbaW-drun a -(L60%-slop"ndgtrdan a man_hole sb f-tbc grip y_ Qundau e Water and sewer mains must be covered in a 24-foot-wide easement per utility+. f Easements cannot have encroachm_e_nts_of any permanent structures including but not limited to buildings Catp�rt ,_trash encloures.fences,_treess deg-promfina-b. 5he5,.etc• - - - g Maintain a minimum-90-degree angle into/out of all manholes. h Slone between manholes shall not exceed 5%. Slopes between SSMH G-3 to-SSMH H-1.SSMH G-4 to SSMH J-1 an-S MH—G-- i 1 lic_rnain_is all wedin cof mon-drive�x�s,_der line A.andF ai-e_sbo- n,ggingjh --- - - j Ifyou ham three or less lots on a�mm -n driye.wxyL�mold be stubbed tom the toad y. k Four or more lots, sewer will be allowed in the common drive. Sewer will be private and will be th_e re��on�il�ili�vfshe HOt�to maintain,Manhaicg needed in the cpznmon dri��_�1]be mgrk _w�- �rivatC on the lid, A-&-ainage_-plan isms red to be provided and revi� + d riitr o nlan_a tp� L. maxren3-dcsid�cs_nQtmean,�iniurnfir�-#Q .� sileti�txoR -teem -1 °'_mains and add two more c nnections.one at the southwest and one at the northeast corner of the dcv�lment These cliart �mu _> "grdinatt-[-with_PnbIie-Werks -- - n A street]igltit Dlan.must be,provided yriklt the final plat application. Strcetlight plan rcQuirements are listed in Meridian Design Standards. o Phase 8 of the proposal is in Flood Zone_A. This area requires extending the existing hydraulic an hydrology shtdy and establishing-base flood eleuatiom.-01hez phrases are-not-impaeted by flood zone and will not requireuire floodnlain study nr permit Page 45 General Conditions of Approval 2. Applicant shall coordinate water and sewer main size and routing with the Public Works Denartment, and execute-standard forms-of easements for anymainsAILA are required to-ppavide-service outside of a public ri rt-afway. .Minimum cover over sewer mains]s three feet,if cover from typ�fr�e tc stub-grade 15 Ie tlmn-d=_feet than_a]i�rnate txta3 is shall beLu din nformance of i-ty-od Nl 0di-an-PiLbli-corks DAWart --elartts S aandard Soecilft dom-= 3. Per Meridian 'ilyCQd LM�C�,th,applicant shall be responsible to install sewer and water mains to and through this ilex laptnent,_A�pliQant_may_be eligiblc-for a�reiinbursemcnt-aju=mcnt-for infrastructure 0 _al an emmu r_MC-��� - - 4. The ap licant shall provide easement(s)for all public water/sewer mains outside of pub]ic right ofwa� �in�i�dc A]J�t�r�ryis�xtd_h-yr�r�nts�.-Thc-cas_em�nt-widths shall���fe�twid�for__a six�lc�atil�y+Qr 3-04-ect widc-fonmu-Th rm mints 5haU aQt ic,dedic d-A&thrzzplat.bid xa#hmdedica..tQd-=dd§-thQ flat Dr-me u ine the_ i of Mend n's-standard fqGr�n h._T a asement shall be grr wally i t _ the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legaldescri try ion prepared red an Licensed Prezfessi-ona] Land urvevnrwhich must include the area of the easement(marked EXHIBIT Al and an 81/2"x I I"man with bearings and distances(marked EXI 73IT F fQrseri _Both exhilxi _mu t_1zQs�ale s ncc�and_dated b @ Profe i�nal_1<and_ ury r, aG NGT RECDRD, Add_a_note to the plat refervauin&this document. Al I easements must be submitted. reviewed,and approved prior to development plan approval, - - 5. Tk fit-d-Wridiap-myims tla9p-rmurizcdjn gLtiQn.systczus-be-5appliedby-a yvar-mnd-s-wr-ce of mter(MC 12-13-8.3)- Tb"Mlicant should be required fuse any exiling surface or welLwak-r for the ri if rfamoLwvlLsQumcd""YaiWy,- sw-g1-e� -txo rwdWnAq-ft wli_na Nvatq systepttsF�111�quir�d.L#'a.single�aQztat_co�t�ne�tiQn i.s�.til�,_thc sieu�Qperwi�lllxQsespQnsib�e_for�.hc payment of assessm-ents for the-omynon -a rinr to prior t+o re -i in vIppment nlyn and-yal. 6. A Luistingstructur-s that arc mgma cd tphe=rcrr�Qx hall b"vio-r to signs rc on th i inIplat_b�tltc City EngJn=jc,-,Any structures that are allowed to remain shallbQ-s-ubjeytlu evaluation and pQssib]e reassignmenukstreet addressingto_be.in-c¢mpliancc with-MCC 7, All inim .tion ditches,canals, laterals,or drains,exclusive of natural waterways,intcrscctiM- crossiU.or Laying.adjacent and contiguous to tl-te area being subdivided shall be addressed per UDC l 1-3A-6. In performing such wnrk,the applicant shall comply with Idaho Code 42-1207 and any other applicable Iaw S. Any welthat will not eyntinue t)b .u��d mu ts�l er��l +abandc�ned_accor ing to Idaho-W_ell ra_cL ►San, arils Rule a inistere�I� t� he Mahn Depaitment of Water l esnttr es_TIC D��e1C�pQr°s= ngineer_sh-ail�r�vi-cLe a�trrtenLad+�ren�whethcr_texe�re�rixistinw�ll�in the developm nt.anti if ao-bp they-will Continuetob sa or provide-record of he abandonment. Page 46 gxisting septiQ_5V5tems within this orejcG shall be renmed from service n r City Or-dinance-Sy n 9-I-4 and9�F_Can=t�nt_rW Di&trict-- 1thfor-abAndmio -nr-nr ur-es anddmapectians_(2W��-5 9. Street signs are to.be.in.place,sanjWU.scwff_and watc -s_ysiem shall be-approved and-actiyated,.rvad.baase mo ved bathe Ada C9unt�Hi h_w_.ay District an the Final Plat for this_ u�diWision shall-be recorded, nri�r tsz�lyvSg,for_L�ii�iz�gp�rrniks - — ----- -- 10. A letter-of creditor cash_suray-in the ammmt-of 1 10%will be T ui red.for-all-umo xtplacd-fencing, iandsr=Uing�amenities,�tc_ riar tQslate�n the final flat. 11. All i_=my=n re u!cd xQ yuhi Oil,� a�r�s�h�ltla sh�lll��or�a�leted�r�t tQ.��u� f�c stru=u.Whcr._approved.by-ftCity-UDginecL.. xLmay-posta=fbnnancc.surg for such im .r_�emmtisin-otc c�A -pbiain City_ERgil�eer_ssjgngWy_ n t1�� inalplat s- e-f rtli-in i_1� LI 3 12. Appli_cant shall be required to pay Public Works_devclopmut plan-revicw,and constmctipn_fnspcc�s cca,as determined durine t�l_e_nian review�roce55, r or to the i �tiance o£a late n apnro letter, 13. 1t shall be the responsibility of the applicant_to.ensure that all development features comply"h the Amerac=s with DisabiblicsActand the Fair Housing Act. -- -- Y --- - - -- 14. Applicant shall be r-5 Dmi�le for �li ion and Corr Ilia ee itbam Sed -n—-4 fern-li n that mar be r��ir �Az�v=Co_ s_u��inccr�. 15. — __ wr-shall ce4r�d natgi ba ❑c ti w tb-c Meridian Past� Vic, 16. All grading of the site shall be performed in conformance with MCC I I-12-3 H. 17. Compaction test results shall be sub-mitted to the Meridian Building Department for alI_huilding pads rcceiving engineered backfll,where fwAing would sit atop fill material. 18. Thedesi.ms ma_r_ r t Q _the s t�cnterl el��a Q�act_aurummum-d3_- f�ct abQyc. h _M i st�tzlis D k �w�t r l�v�tl n 3 i� i tQ�n tier t � ti4m. ti-Qn of the crawl smom of homers rs at least I-foot above. 19, The a plicartts design engYneer sizaII_b.Q respQrisible for-inspectiaii of all irr gatipn and/or drama e.faei.li + within this--mimthA&_mt_fajudcr_1.hejiuisdi irwn...c gnirra, tLon di.striclor ACHD..TkA=O errgincer�hall-proYidcs ifiea#is�n t lac_faciliti hay&-hemin"Ied-in afxOWmWtyd1hlhe.aprQved design plans.This certification will be required before a certificate of occupancy is issued for any structttt-es within the meet. - 20. At the coma]etion of the project,the applicant shall-be r_cspo Bible W submit-record.drawings per the City of Meridian-AutoCAD standards. These record drawings must be received and a roved prior to the ismu_P9f a�rrtificafi IL-o� or any_s ruct rpa within thp_prgj�c_ , - 21. A-51reet liht_plan will neeto fie in in the -ivil c9nstruction plans.._S-re to light�lan resirements amm.li�tqd_ in eeti5 of the Irn�r�e�nt_Stanriares for Street f ihtin .A_ c4 of the standards ca. 22. The City of Meridian re uires that the owner st to the City a performance surety in the amount of M% of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat sigp tire.This surety will be verified by a line item cost estimate provided by the 9wnr-to the City,The Page 47 surety ca bQ posted in t e form of an irmocable letter of credit,cash delyait Dr nd. Applicant must fle an ite_apnli cat ion_for_suret�which_can_be-fa und on_the_ tm Community Development Dgarent we Plcase contact Land Deyelp -ment-Seryic_for more Community rmation at8$7-221 I 23. The Cily-off Meridian re41iir that the owner rg t to the City a warranty 5UM in the amo t�nt_of 24°[�gf the tat ls�nstr ti r� o t fax.alLcQmpl�t water and rem-- t I r. F xs ur ti f a vesr , Tbia,gurqiy-wdlbc vcrified=ay-aline itul-wat-eshmiftlE Wd k.vmcr l<Q_tbeciti=Tbra-wr dy_� n jyj _osted in the form cif an irrey_Qeable cayr-of cnd�cash d oi r�r bond licant must file an appli-qaWuLf r_suply,whicbsa bcfs� nd n__tlzc_ turn Y x r cR l� aftnncnt_�vel site_1'le s contact Land De�ell nment ervi a for snore_information at 887 2211. C. FIRE DEPARTMENT Intl s:llwehlink.meridiancimw lWebLin lDocView.as _r?id=223367&dbid ll&re o=t42eridianCitu D. POLICE DEPARTMENT htrps<11weblir:k,tneridiancit>>,Q►glYi'ebLinklDoc View,uspr?id= ? 9I9chid-t}&repa-iLferidianCr�E. PARK ls DEPARTMENT hops:11weblink,meridianciU.orglWehLinklDocVieu�_nsp_x?id=214368&dbid=0&repo=MeridianCib,&ci=1 F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) hops:Ilweblink.meridiancity.orglWebLinklDocView.crspx?id=193035&dbid=0&repo=Meridian City G. ADA COUNTY DEVELOPMENT SERVICES ltttps:11,K,eblinktneridiataciby orglWebLinklDoc View aspx?icd?22788&dh0---[!&repo=Meridian Cio H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llwcbli nk.meridiancit>>.o?glbVebLink1Doc Vie w.usp.j?id=219402&dbid=0&repo=llrlet-iditan 04, I. NAM PA& MERIDIAN IRRIGATION DISTRICT(1NMID) htil s:llvveblink.ineridiattcLN.orglWebLink/DocView.aspx?id=193631&dbid=0&repo---Meridian Citl J. CENTRAL DISTRICT HEALTH DEPARTMENT htt s:llweblink,trieridiaiicih,.or ltVebLink/Doef iex,.as x?id=219402&dbid I1&re a=MeridianCitt� K. WEST ADA SCHOOL DISTRICT{WAND} hftps:Ilwebl_inkineridiancitu.ntglWebLi_nklDoeVien,.gML. id--203469&dbid 0&repo=MetidianCiti, L. COMMUNITY DEVELOPMENT SCHOOL IMPACT REVIEW: htlass:llK'c�blittk.meridiancitt,.oiyI6VcbLiftklDocl'ic�t,.asp.x:?iri?03755&dliri=O&i- l.7o=McridirrftCitk M. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) httns:llweblink.nreridirancity.or,-IWebLiirk/Doct"ie►v.as❑.r?id=222984&dbid=0&reeve=MeridiiiiiCiti Page 48 N. BOISE PROJECT BOARD OF CONTROL Jrttps:Illi•ci�Ii►rk.meridiancitv.oteWebL klDoc View.aspx?id=??19117&cdhid=Ilckcrepo=MeridianCity IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation 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 Councilfinds the proposed Wrap amendment to R-8 is consistent iA ith the Comprehensive Plan density recommendations of'3-8 dwelling units per acre. The Council finds Zoning the propertil to the R-15 district for purpose of allowing private streets is suitable.for providing the necessan� hi astructure. The Council also./finds this development would he considered inflll. The proposed Private streets serving a significant portion o,f the site would meet the intent of the Plan in regard to requiring urban infrastructure being provided f or all new developments, including Sidewalks. ?. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds there is a variety in housing types and diversity in lot sizes which is consistent with the purpose statement of the residential districts, which states a range of'housing opportunities should be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health,safety,and welfare; Council finds the proposed coning map amendment would not be detrimental to the public health, safetti,rind we fare. The private streets would be.funded by the homeowners through the HOA. Also, the Fire District has voiced they can serve this development when the southern free station is constructed. 04. 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 Council finds the reap amendment shall not result in an adverse impact capon the delivery of services by anv political subdivision. 5. The annexation(as applicable)is in the best interest of city. Council has determined this annexation is in the hest interest of'the City. B. Preliminary Plat(UDC 11-613-6): In consideration of a preliminary plat,combined preliminary and final plat,or short plat,the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial conformance with the adopted Comprehensive Plan in regard to maximizing public services by prioritizing infill development over parcels on the Page 49 fringe,provision of'a variety of houring types, density in the GDR designated area, transitional densities, adequate provision of services (Fire Dept.), usable open space, and construction of infrastructure without sidewalks, etc. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and can be extended to accommodate the proposed development although services would be maximized by development of irf ll or underdeveloped parcels alreadt�in the City instead of'on the fringe as is the subject property, (See Exhibit B of the Staff Report ,for more details,fi•oni public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and ant,other utilities will be provided ki,the development at their own cost Council,finds that the subdivision Kill not require the expenditure(?f capital improvement firrrds. 4. There is public financial capability of supporting services for the proposed development; The Council finds there is public financial cgpabilit)� of supporting services for the proposed development based upon corrnnents from the public.service providers (i.e., Police, Fire, ACHD, etc), 5. The development will not be detrimental to the public health,safety or general welfare; and, The Council is not aware of anv health, safety, or environmental problems associated with the platting of this property. Public-tesrimonv has been submWed rom adjacent residents to the south on 1-acre lots stating there is not an adequate transition in lot sizes or zoning to their propertieslsubdivision. ACHD considers road safety issues in their analysis. 6. The development preserves significant natural, scenic or historic features. The Council finds the proposed development preserves the natural topograpltvlhillside along the eastern boundary of the site. Council is unaware of airy other significant natural, scenic or historic features that exist on this site that require preserving. C. Private Streets(UDC 11-3F-5): At the .tune 29, 2021 meeting, the Council overturned the Director's denial of the private streets, with the following findings: A. The design of the private street meets the requirements of this article; The private streets meet the design requirements of Trot connecting to an arterial street, allowing sufficient maneuvering for ernergencv vehicles, and meeting the minimum wvidth 91'27,feet_However, the proposal exceeds the limitation ofno more than 50 units being served 4l,a gated development. and three common drivevrcAs are proposed whereas UDE 1103F--.4-5 states common driveirays cannot be allowed on private streets. The Council approved Alter nazi ve Compliance from these requirements. B. Granting approval of the private street would not cause damage, hazard, or nuisance, or other detriment to persons,property,or uses in the vicinity. The Director had safety concerns in regard to whether there could be pedestrian salety issues with residents using private streets with no sidewalks. Per direction from the Council, the applicant added sidewalks on at least one side of all streets, rind the Council found the private streets would not cause damage, hazwrd, or nuisance, or other detriment to persons,property,. or uses in the vicininti — Page 50 C. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. Council finds the private.streets )-vith sidewalks meet Comprehensive Plan policies ,such as regwring new residential neighborhoods to provide co►nplete streets, developing a connected, c❑ntf❑rtable, and co►prehensive network of'niulti pia-pose pathways, ensuring safe routes and access, encouraging safe, physical activity far pedestrians and bicyclists, and,f`astering a walkable and likeable c►nininnih,and providing necessa►y infrastructure. ll. The proposed residential development(if applicable) is a mew or gated development. The proposed devel❑p►new is a gated development. - — Page 51