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Foxcroft (H-2020-0113) DA (2021-126693)
ADA COUNTY RECORDER Phil McGrane 2021-126693 BOISE IDAHO Pgs=78 ANGIE STEELE 08/26/2021 09:51 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: l. City of Meridian 2. Viper Investments, LLC, Owner 3. Open Door Rentals,LLC, Owner 4. Corey Barton, Owner 5. Endurance Holdings,LLC,Owner 6.. Schweiger Gary R&Schweiger Judith L Trust, Owner 7. Johnson Casey J L, Owner 8. Challenger Development,Inc.,Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 24th 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 Viper Investments, LLC, whose address is 1977 E. Overland Road, Meridian,ID 83642;Open Door Rentals,LLC,whose address is 1977 E.Overland Road,Meridian, ID 83642; Corey Barton, whose address is 1977 E. Overland Road, Meridian, ID 83642; Endurance Holdings, LLC, whose address is 1977 E. Overland Road, Meridian, ID 83642; Schweiger Gary R and Schweiger Judith L Trust, whose address is 3515 W. Pine Avenue, Meridian,ID 83642;and Johnson Casey J L,whose address is 284 N. Sierra View Way,Eagle,ID 83616,hereinafter called OWNERS and Challenger Development,Inc.,whose address is, 1977 E. Overland Road,Meridian, ID 83642, DEVELOPER. 1. CITALS: 1.1 WHEREAS,Owners are the sole owners,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§67-651 lA provides that cities may,by ordinance, require or permit as a condition of zoning that the Owners/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and DEVELOPMENT AGREEMENT—FOXCROFT(H-2020-0113) PAGE 1 OF 11 1.4 WHEREAS,Owners/Developer has submitted an application for annexation and zoning of 24.567 acres of land with the R-8 zone; a Preliminary Plat consisting of 84 building lots and 31 common lots on 35.7 acres land on the property listed in the attached Exhibit "A", under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners/Developer made representations at the public hearing before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested Annexation and Zoning held before 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 8th day of June, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS,Owners/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 1.9 WHEREAS,City requires the Owners/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 DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 2 OF 11 Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERS: means and refers to Viper Investments,LLC,whose address is 1977 E. Overland Road, Meridian, ID 83642; Open Door Rentals, LLC, whose address is 1977 E.Overland Road,Meridian,ID 83642;Corey Barton, whose address is 1977 E. Overland Road,Meridian, ID 83642; Endurance Holdings, LLC, whose address is 1977 E. Overland Road, Meridian, ID 83642;Schweiger Gary R and Schweiger Judith L Trust,whose address is 3515 W. Pine Avenue,Meridian,ID 83642; and Johnson Casey J L,whose address is 284 N. Sierra View Way, Eagle, ID 83616, the parties that are developing said Property and shall include any subsequent owners(s) of the Property. 3.3 DEVELOPER: means and refers to Challenger Development,Inc.,whose address is 1977 E. Overland Road, Meridian, ID 83642, hereinafter called DEVELOPER,the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 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 rezoned 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. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the approved plat, site plan, landscape plan, open space exhibit, conceptual building elevations, pathway and pedestrian circulation exhibit, and the proposed phasing plan included in Section VII and the provisions contained in the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B". b. The 10-foot multi-use pathway segments surrounding the development and the required pedestrian bridge to Fuller Park shall be constructed with each phase of the development as seen on the phasing plan. DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 3 OF 11 C. With the first phase of the development, the Developer shall construct the extension of W. Pine Avenue, the vehicle bridge over Ten Mile Creek, all other ACHD requirements in line with the signed "Dedication and Development Agreement"as seen in exhibit VIII.I and the ACHD conditions of approval contained in the Staff Report that is attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit`B". d. No building permits shall be submitted until the final plan for the associated phase is recorded. e. The required landscape street buffers shall be constructed and vegetated(along N. Ten Mile and W. Pine Avenue)with the first phase of development. f. With future sale of single-family homes on Lots 20-32, NW Block 1, the Developer shall include the multi-family site plan and renderings in the sales and advertising information for those homes. 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/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 Owners/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the 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 Owners/Developer that is not cured after notice as described in Section 7.2,Owners/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 applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners/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 Owners/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. DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 4 OF 11 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners/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 Owners/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners/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 Owners/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 Owners/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 Owners/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners/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: DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 5 OF 1 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 OWNERS: DEVELOPER: Viper Investments,LLC Challenger Development,Inc. 1977 E. Overland Road 1977 E. Overland Road Meridian,ID 83642 Meridian,ID 83642 Open Door Rentals,LLC 1977 E. Overland Road Meridian, ID 83642 Corey Barton 1977 E. Overland Road Meridian,ID 83642 Endurance Holdings,LLC 1977 E. Overland Road Meridian,ID 83642 Schweiger Gary R and Schweiger Judith L Trust 3515 W. Pine Avenue Meridian,ID 83642 Johnson Casey J L 284 N. Sierra View Way Eagle, ID 83616 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. 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 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, DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 6 OF 11 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 Properly, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owner/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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owners/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 Owners/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 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 time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the re-zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 7 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Viper Investments,LLC Challenger Development, c. By: Corey Barto By: Corey Ba on Its: Its: Open Door Rentals, LLC By: Corey Barto Its Corey Barton Endurance Holdings,LLC .0 By: Corey Barton Its Schweiger Gary R. & Schweiger Judith L Trust Q Its Johnson Casey J L,LLC By: as son Its DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 8 OF 11 CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 8-24-2021 Chris Johnson, City Clerk 8-24-2021 STATE OF IDAHO ) ss: County of ADA ) On this,.)3 day of JU-C, , 2021,before me,the undersigned, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the JL4 f4AQ:eL of Viper Investments,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHERF` OI1A�L��1Qt��n to set my hand and affixed my official seal the day and year in this certificate first above written`\\\�•°oOP Y p4�FS' Z/" / -� Notary Public for kp z MY COMMISSION •° — Residing at: EXPIRES 6 5 2022 _ My Commissio Exp>~res: STATE OF IDAHO ���itii l�T�OF IDP;`�° County of ADA On thisd3 day of Lcv\¢. , 2021,before me,the undersigned, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the tVte ' loe/ of Open Door Rentals,LLC, and the person who signed above an, ftpiwledged to me that he executed the same on behalf of said entity. IN WITNESS WHEW , u� to set my hand and affixed my official seal the day and year in this certificate first above written\\� P0IV �:.... s MY COMMISSION Notary Public for EXPIRES 6-5.2022 Residing at: A)a , � • My Commission Expires: b Z S m s�', A-9 �O-h'� 2iy�•TF OF V0 •000°eve STATE OF IDAHO s8/ON NUMgE��\°°° ss: �11l1I111111W\\�� County of ADA ) On this-: )day of JLt^e- , 2021,before me, the undersigned, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I1�jYfihf ff nto set my hand and affixed my official seal the day and year in this certificate first above written. KO( �(!l��,rr SNN"! I'gtl°wN•s hHwy Feu q Notary Public for C.110 W COMMISSION : Residing at: EXPIRES 6-5-2022 — My Commission Expir s: b-as"dc� DEVELOPMENT AGREEMENT✓Fe-^FT(H-202,()Ql!k3)\ PAGE 9 OF 11 ,itj°°TF OF 1Q�`.• poi\ems` /`;/�/I1111 1M�0�\\°°°\ Item#11. STATE OF IDAHO ) ss: County of ADA ) On this day of JL) e— , 2021,before me,the undersigned, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the 0Ader of Endurance Holdings,LLC, and the person who signed above andg wledged to me that he executed the same on behalf of said entity. IN WITNESS WHEI % to set my hand and affixed my official seal the day and year in this certificate first above writt eP•.....«�� �, /r��o '• .F`pf RAY '( r� L Notary Public for e~k.D MY COMMISSION Residing at:. EXPIRES 6�S•20�2 e "` « - • My Commission Expires: b'65`�• « q+ or 0 « e..Darya STATE OF IDAHO ss: !�///1111111111\\\a\ County of ADA ) r On this 7 day of i/ , 2021,before me, the undersigned, a Notary Public in and for said State,personally appeared C ,"L 5 i-h we;i mown or identified tome to be the 6-",i ter z--1- of Schweiger Gar R&Schweiger Judith L Trust,and the person who signed above and acknowledged to me that he executed the same on behalf of said trust. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ���i FRED DEp po p,O/�i� JD i P�Y/'(/���.•• y Notary Public for A Residing at: XNIi ) - g MY COMMISSION = My Commission Expires: EXPIRES 12-18-2023 n ..J, ���O • 9T O,.' STATE OF IDAHO ) i�2'�iss FOF IDP;l:•0.'�1�����` /Y/ ss: �j11NU 11111g \\\\\ County of ADA ) On this day of 2021,before me,the undersigned, a Notary Public in and for said State,personally appeared Casey Jc hns known or identified to me to be the 6yrWj( of Johnson Casey J L and the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. H ' '., Notary Public for •�a••�•••.••C��NO' Residing at: 2p/••• �� 9j�• My Commission Expi es: 140TAR • was Y�: V0 4*08 LIC�h: i0low-1141*00 '•�NI 0 DEVELOPMENT AGREEMENT—FOXCROFT(H-2020-0113) PAGE 10 OF 11 Page 199 1. STATE OF IDAHO ) ss: County of ADA ) On this a3day of aU✓i L , 2021,before me, the undersign d, a Notary Public in and for said State,personally appeared Corey Barton known or identified to me to be the K S Pi'1 of Challenger Development, Inc.and the person who signed above and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHE affixed I have hereunto set my hand and axed my official seal the day and year in this certificate first above �' 19ilr/// gy Notary Public for COMMISIQN = Residing at: EXPIRES 6-5.2022 My Commission Expires: STATE OF IDAHO ) ss County of Ada ) On this24th 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,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN 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 for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT-FOXCROFT(H-2020-0113) PAGE 11 OF 11 EXHIBIT A Annexation and Zoning Legal Descriptions and Exhibit Maps Description for R-8 ZONE Foxcroft Subdivision November 19,2020 A parce[of land located in the Southwest 1/4 of the Northeast 1/4 and the North 1/2 of the Southeast 114 of Section 10,Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho more particularly described as follows: Commencing at the East 1/4 corner of said Section 10 from which the Center 114 corner of said Section 10 bears,North 89'36'02"West,2655,68 feet;thence on the East-West centerline of said Section 10,North 89136'02"West,939.50 feet to the REAL POINT OF BEGINNING; thence leaving said centerline,South 06°0728"West,415.20 feet; thence South 42°52'02"East,798.04 feet to the centerline of the Oregon Short Line Railroad; thence on said centerline,North 88°51'42`West,703.34 feet; thence leaving said centerline, North 33°15'25"West,241.17 feet; thence North 48°32'21"West, 101.97 feet; thence North 43'5749"West, 144.27 feet; thence North 88052'12"West,50.71 feet to the Easterly boundary line of Chesterfield Subdivision No.4 as filed in Book 112 of Plats at Pages 16216 through 162t8,records of Ada County,Idaho; thence on said Easterly boundary line the following seven(7)courses and distances: North 45°26'50"West, 1.76 feet; North 39143'48"West,89.05 feet; North 39`2D'28"West, 100.02 feet; North 25'23'24"West, 125.16 feet; North 19'21'27"West,94.89feet; Page 1 of 239 Foxcroft Subdivision H-2020-0113 North 22144'42"West,83.44 feet; North 17125'33"West. 128.22 feet to the East-West centerline of said Section 10; thence on said centerline,South 89'36'02"East,39.48 feet to the Easterly boundary line of Ton Mile Creek as described in Easement Deed recorded on March 15, 1946 in Book 121 of Deeds at Page 23, records of Ada County,Idaho; thence on said Easterly boundary line the following three(3)course$and distances: North 1712731"West,530.79 feet; 120.85 feet along the arc of curve to the left having a radius of 176.00 feet, a central angle of 39°20'32"and a long chord which bears North 37`07'47" West, 118.49 feet; North 56e48`03`West, 118.30 feet to the North boundary line of the Southeast 114 of the Southwest 1/4 of the Northeast 114 of said Section 10; thence on said North boundary line,South 89'37'19"East,765.14 feet to the Northeast corner of the Southeast 1/4 of the Southwest 114 of the Northeast 1/4 of said Section 10; thence South 00003'48"West,663.57 fool to the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of the Northeast 114 of said Section 10; thence on the East-West centerline of said Section 10,South 89`36'02" East, 388.34 feet to the REAL POINT OF BEGINNING. Containing 24.567 acres, more or less. End of Description. /&z. OF Page 2 of 2 Jv 150 600 0 300 SCALE: 1" = 300' .]L C-S-NE 1/64 SB9'37'19'E 765.14' S.10 �4 1 r� k- 1� MOSHERS C-1 to _ FARM SUB 0ca b i 1j BASIS OF BEARING `°• N89'36'Q2'W 2655.68'................. _SB '36'02_"9E 1/4. C 1/4 --- 0-E 1 f16 088.34' _ N89'36'02'W 939.50' --- SAG N17'25'33'"W 1 S89'36'02"E S.10 \\\ �`� 39.48' 1 REAL POINT 5.10 5.11 198.22' b,� OF BEGINNING � N22.44'42"W R-8 ZONE ' �N I z 83.44' ±24.567 ACRES - o N19'21'27"W �y z 94.89' N25"23'24"W I 125.16' N88'52'12"W o>�cO N39'20'28"W 50.71' S 100,02' *% 0 S45.2 5'50"E 1.76' `*9� I N43'57'49'W ' I 144.27' �atip�AL R E N _ --N88'51'42"W 703.34' 5 1CSF G� —, �—� ^—---—--�- ---- I ' G OR-EON SHORT LINE RAILROAD 11779 n,n�9ro 06 TF Of \lD per' LINE TABLE kM MCC A '� LINE BEARING LENGTH L1 N33'15'25"W 241.17 CURVE TABLE L2 N48'32'21"W 101.97 CURVE LENGTH RADIUS DELTA CHORD BRG. CHORD DIST, L3 N39'43'48"W 89.05 Cl 12C.85 176,00 39'20'32" N37-07.47"W 118.49 L4 N56'48'03"W 118.30 IDAHO EXHIBIT DRAWING FOR SURVEY CITY OF MERIDIAN R-8 ZONE Ell"Ag/2.020 maJa&4570 ° FOXCROFT SUBDIVISION GROUP, LLC LOCATED IN THE sw 1/+of THE NE 114 Alin THE N 1/2 OF THE SE 1/4 OF SECHIN 1O,T.3N.,RAW.,B.N.,ADA COUNTY,ICAHO Description for R-15 Zone Ten Pine Park Subdivision October 27,2020 A parcel of land located in the Southeast 114 of the Northeast 114 of Section 10, Township 3 North, Range 1 West,Boise Meridian,Ada County,Idaho more particularly described as follows: BEGINNING at the East 1/4 comer of said Section 10 from which the Center 114 comer of said Section 10 bears,North 89°36'02"West,2655.68 feet; thence on the East-West centarline of said Section 10,North 89'36'02"West, 1327.64 feet to the Southeast corner of the Southeast 114 of the Southwest 1/4 of the Northeast 114 of said Section 10; thence on the East boundary line of the Southeast 114 of the Southwest 1/4 of the Northeast 1/4 of said Section 10, North 00°03'48" East,654.55 feet to the centerline of the Ten Mile Drain; thence on said centerline the following seven(7)courses and distances: South 85°32'14"East, 126.24feet; South 65'24'02'East,49.70 feet; North 89134'58" East,23.00 feet; South 66139'02"East,357.40 feet; South 67°30'53"East,357.19 feet; South 66101'35"East,448.1Of oat; South 50°l3'59"East,22.66 feet; thence leaving said centerline, North 89059'52"East,48.00 feet 10 the East boundary line of said Section 10; thence on said East boundary line,South 0°00'08"East, 158.64 feet to the REAL POINT OF BEGINNING. Containing 12.942 acres,more or less. End of Description. s , i,t',•�:t.:`:;°, Page 1 of 1 ;; _` Jv 350 600 0 300 SCALE: 1" = 300' 58532'14"L 2 L 126.24' It $65'24'02"E - -- --- 49.70' 4 MOSHERS N8934'58"E 3aS3. FARM SUB 23.00' 3gj7 ICA R-15 ZONE �� FLd Mo I ;�12.942 ACRES 1 S50113'59"E L1 zl 1 22.66' REAL POINT ^' --- --�-- _ OF BEGINNING 1/4 C 1/4' N89'36'02'W 1 227.84' S.'O T- 5.10 5.11 .........N89'36`02"W 2655.68.............. z BASIS OF BEARING i 1z i i it OREON SHORT ,LINE RAILROAD CN CE Ns 04 o LINE TABLE 11jj779 A LINE BEARING LENGTH L1 N89'59'S2"E 48.00 0 Oyu MCG��'� L2 50'00'08'E 158,64 - a_ .l n F',•.P w -ii . �, ii/�il.5�i A->.: ,108 N0. 1DAHO EXHIBIT DRAWING FOR SURVEY CITY OF MERIDIAN R-15 ZONE SHEET NC. ma ea.e°"sroe90' TEN PINE PARK SUBDIVISION 1 GROUP LLC LOCATED A THE SE i/1 o THE NE 1/4 OF SECTION 10, DW-DATE 1 L-%.,H.1 W.,9.hE..AOA COUNTY.10AHO 10/27=0 ses°ar 4•e � 5 ~U26 ss?, �S3 B •7 m � s �a7�s e s is K �c a� m 1527.94 n89 w 10127/2020 Scale: 1 inch= 171 feet File:Ten Pine Park Sub R-15 Zone.ndp Tract 1:12.9416 Acres,Cbsurm s62.A340e O.D1 fl.[11e8G231�.Perimeter-3573 ft 01 n89'3802w 1327.64 10 n89.5952e 48 02 r00 0348e 654.55 11 sOO.DOCBe 158.64 C3 885.32149 126.24 04 s65.2402e 49.7 C5 n89.3458e 23 06 s86,3902e 357.4 07 s67.3053e 357.19 OB se&O135e 448.1 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW N4 ENty AND DECISION& ORDER C-11 In the Matter of the Request for Annexation of 23 acres of land with a request for the R-8 zoning district; Preliminary Plat consisting of 84 building lots and 31 common lot on 35.7 acres of land in the proposed R-8 zoning district and existing R-15 zoning district; and Conditional Use Permit for a multi-family development consisting of a total of 216 residential units on 12.74 acres in the existing R-15 zoning district,by Gem State Planning,LLC. Case No(s). 11-2020-0113 For the City Council Hearing Dates of. 41612021.5/111/2021,and 5/26/2021 (Findings on June 8, 2021) A. Findings of Fact i. Hearing Facts(see attached Staff Report for the hearing dates of 41612021, 5/11/2021,and 512&2021, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing dates of 4161202 I, 511 1/2021. and 5/26/2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing dates of 41612021, 5/11/2021, and 5/26/2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing dates of 41612021, 5/11/2021,and 5/26/2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use PIanning Act of 1975,"codified at Chapter 65, Title 67, Idaho Code(I.C, §67-6503). ?. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 1 I Meridian City Code,and all current zoning maps thereof. The City of.Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3, The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I 1-5A. 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision-FILE#1`1-2020-0)13y - I - 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 dates of 41612021,5/11/2021,and 5/26/2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code§ 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning,Preliminary Plat,and Conditional Use Permit are hereby approved per the conditions of approval in the Staff Report for the hearing dates of 41612021, 5/11/2021, and 5/26/2021,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-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years.Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. 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 1I- 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision—FILE#H-2020-0113) -2- Upon written request and filed by the applicant prior to the termination of the period in accord with i 1-5B-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 City Code Title 11(UDC 11-5B-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter.When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the 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 dates of 4/612021, 5/11/2021,and 5/26/2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision—FILE#H-2020-0113) -3 By action of the City Council at its regular meeting held on the 8th day of June 2021, COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E, Simison 6-8-2021 Attest: Chris Johnson 6-8_2021 City Clerk Copy served upon Applicant,Community Development Department, Public Works Department and City Attorney. By: Dated: 6-8-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Foxcroft Subdivision—FILE#H-2020-0113) -4 EXHIBIT A STAFF REPORT E II3IA�4,- C> COMMUNITY DEVELOPMENT DEPARTMENT "a H HEARING 41612421, 5/11/-2021-and 5/26/2421 Legend �- DATE: Project Location TO: Mayor&City Council -FROM: Joe Dodson, Associate Planner SUBJECT: H-2020-01 l3 d —it Rr Foxcroft Subdivision LOCATION: The site is located directly west of Ten Mile Road,on both sides of the proposed f r k Pine Avenue extension, and east of the Tenmile Creek,in the E '/2 of Section 10, Township 3N.,Range 1 W. - i, 1. PROJECT DESCRIPTION ■ Annexation of 23 acres of land with a request for the R-8 zoning district; • Preliminary Plat consisting of 8-4 building lots and 31 common lot on 35.7 acres of land in the proposed R-8 zoning district and existing R-15 zoning district; and • Conditional Use Permit for a multifamily development consisting of a total of 216 residential units on 12,74 acres in the existing R-15 zoning district,by Gem State Planning, LLC, II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 35.7 acres(R-15— 12.74 acres;R-8—23 acres) Future Land Use Designation Medium Density Residential & Mixed Use Community Existing Land Use(s) County residential and farm land;vacant R-15 zoning Proposed Land Use(s) Multi-Family Residential and detached single-family residential Lots(#and type;bldg./common) 1156 total lots—9 multi-family residential;:�6 75 single- family lots;and 31 common lot. Phasing Plan(#of phases) Proposed as three(3)phases Number of Residential Units(type 291-total units—7-6 75 single family;216 apartment units of units) Density(gross&net) Gross(overall)—8.17 dulac.; Net—18.3 du/ac. Gross per area: NW Block—3.35 dulac.;SW Block— 3.28 dulac.;NE Block(apartments)—16.95 du/ac. Page I Item#11. Description details I':Ege Open Space(acres,total 6.88 acres of qualified open space OVERALL [9fa]Ibufferlqualitied) (approximately 19.2%)-5.31 acres for I I-3G requirements(approximately 15%); 1.57 acres(69,123 square feet)proposed for 114-3-27(Multi-Family) standards. 18,360 square feet of private open space is proposed [approximately 85 square feet per unify to meet specific use standards. Amenities 7 qualifying amenities- 10' multi-use pathway,pool, clubhouse,picnic areas,tot-lot,fitness facilities,and a pedestrian/bicycle circulation system. Physical Features(waterways, Tenmile Creek abuts the property along the entire western hazards,flood plain,hillside) boundary;some floodplain exists on site due to creek. ]Neighborhood meeting date:#of October 14.2020- 13 attendees attendees: History(previous approvals) R-15 portion of property-Ellensburg Subdivision.AZ-05- 051; PP-05-052;CLIP-05-047.CLIP and plat have lone expired but zoning ordinance was approved. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes ■ Requires ACHD Commission No Action(yes/no) Access(Arterial/Collectors/State Access is proposed via connections to the extension of W. Hwy/Local)(Existing and fine Avenue west from N.Ten Mile Road(arterial). Pine Proposed) will be extended by this Applicant and the adjacent Applicant on the south side of Pine from the intersection of Pine&Ten Mile west to the eastern boundary of the southern portion of this site.Access is proposed as 3 public street connections for the SF portion of the site and 2 driveway accesses for the multi-family site. Traffic Level of Service Ten Mile Road-Better than"E"(I A74/1.544 VPH) Pine Avenue(existing section only)-Better than"D (182/425 VPH) Stub Street/InterconnectivitylCross No public stub street connections are proposed.Applicant is Access allowing adjacent property to southeast to connect one of their private drives to a proposed public street connection on the south side of Pine Avenue.Applicant is also allowing an einergency only access near the southeast corner of the site for the benefit of this projeet and the adjacent project. Existing Road Network No(Pine Avenue exists on the west side of the Tenmilc Creek) Existing Arterial Sidewalks 1 Existing sidewalk along Ten Mile but no buffer. Buffers Proposed Road Improvements The Applicant, in conjunction with the Applicant ofthe property to the southeast, is proposing to extend Pine Avenue west from the intersection of Pine and Ten Mile to the Ten Mile Creek.This Applicant is responsible for the construction of Pine that this property abuts(-approximately Page 2 Page 212 Item#11. Description Details Page 1 A50 feet)and construction of the vehicular bridge over the Tenmile Creek along the western property boundary. Distance to nearest City Park(+ 0.9 miles to Fuller Park(21.9 acres in size)by car; size) approximately 0.5 miles to Fuller Park via existing and fanned pathway and sidewalk connections. Fire Service • Distance to Fire Station Approx. 1 mile from Fire Station 02 ■ Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#2 reliability is 85%. ■ Risk Identification Risk Factor 2-residential with hazards(multi-family and waterway) ■ Accessibility Proposed project meets all required access,road widths.and turnarounds. Proposed phasing plan shall be adhered to;any changes in the phasing shall be approved by the Fire Department. Police Service ■ Distance to Station Approximately 4 miles from Meridian Police Department • Response Time Approximately 4.5-minute response time to an emergency. • Call Data Between 121112019- 1 1/30/2020,the Meridian Police Department responded to 1,209 calls for service within a mile of the proposed development.The crime count on the calls for service was 11 1. See attached documents for details. Between 121112019- 11/30/2020,the Meridian Police Department responded to 35 crashes within a mile of the ro osed dev elop ment. See attached documents for details. • Additional Concerns None West Ada School District • Distance(elem,ms,hs) 0.1 miles to Chaparral Elementary 2A miles to Meridian Middle School 1.0 mile to Meridian High School • Capacity of Schools Chaparral Elementary- 700 students Meridian Middle School- 1,250 students Meridian High School-2,075 students • #of Students Enrolled Chaparral Elementary-423 students Meridian Middle School- 1,022 students Meridian High School- 1,852 students Wastewater Distance to Sewer Services NA • Sewer Shed South Black Cat Trunkshed • Estimated Project Sewer See application FRU's • W RRF Declining Balance 14.02 • Project Consistent with WW Yes Master Plan/Facility Plan • ImpactslConcems •Additional 16,555 gpd of flow committed to model. • Per minimum city requirements,all sewer mainlines and manholes outside of a paved roadway shall have at a minimum.a 14-ft wide compacted grave access roadway centered over the mainline. This condition can also be satisfied with a 14-foot wide paved surface.The pathway shown over the existing sewer along the north properties is Page 3 Page 213 Item#11. Description Details Page subject to this requirement,as well as manholes SSMH A2, SSMH A3,and SSMH A5. • Please redesign the sanitary sewer routing to eliminate the sewer mainline passing Usrough the common driveway labeled as Lot 20,NW Block 1. Water ■ Distance to Services 0' + Pressure Zone 2 Estimated Project Water See application ERU's • Water Quality Concerns Non e Project Consistent with Water Yes Master Plan ■ Impacts/Concerns •Applicant shall be required to construct 12-inch water main in W.Pine Avenue to comply with"to-and-throw" requirements. This new mainline shall connect to existing water mains at the west and east ends. •The water main in N.White Leaf Way near SSMH G5 needs to connect to the proposed water main to the east(Mile High Pines Sub). •The water main in W.Sugar Pine Ct.that currently dead- ends needs to connect to the proposed water main to the east (Mile High Pines Sub)in N.Side Creek Lane.Currently this dead-end does not meet fire flow pressure requirements. •There are a few water mains in the inulfi-family area that may have an opportunity to be eliminated. See Exhibit Section V I I(I.l Water Markup for Areas of Possible Water Main Elimination. COMPASS—Cornmunitics in Motion 2040 2,0 Review Housing wlin 1 mile 3,801 ]ohs wlin 1 mile 1,454 � ■ Ratio 0.38— Indicates an employment need(ratio between 1-1.5 is considered healthy ratio) Farmland Consumed? Yes Nearest Bus Stop 0.8 miles E Nearest Public School 0.1 miles Nearest Public Park 0.1 miles Nearest Grocery Store 0.5 miles Recommendations See agency comment section for link to full file. Page 4 Page 214 Item#11. C. Project Area Maps Future Land Use Map Aerial Map 11,1 ��! rn W Legend Legend 'roject LocatiorProjeat Location 7m Density '� - Dffie � Residential '1' -t r AU-C WU Med-High High LU - Density Density Residential Cvmmerelal Residential.-� MU-Corn = Loning.iap Planned Development Nlap� Legend C-G i 0 Legend 0 '.Toject Location aProject Location l L C-N L•fl LL-O _+ R-4 L-0._, ubz ;-� City Limits B �. . R-8" + —Planned Parcels R-8 -- R-S Ci R-8 -: r R-15 �' R-15 r` C-C R-8 - - ------- -- [ - -- M-E �C�G ------- RUT R-15 RUT 1-L 1 R-15 R1 L-O C-N ; R-•15 C-C i; ' C-C R-8 R 4D RUT C-G R-15 R-8M.0 R 40 III. APPLICANT INFORMATION A. Applicant: Same as Representative B. Owner: Viper Investments(main ownership group)— 1977 E. Overland Road, Meridian, ID 83642 C. Representative: Jane Suggs,Gem State Planning--9840 W. Overland Road, Ste. 120,Boise,ID 83709 Page 5 — Page 215 Item#11. IV. NOTICING Planning & Zoning City Council Posting Date Posting Date Newspaper Notification I/1512021 3/19/2021 Radius notification mailed to properties within 500 feet 1/12/2021 3/16/2021 Site Posting 2/312021 3/26/2021 Nextdoor posting 1/12/2021 3/17/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation (Imps•://tit,,Klii�.meridianciry.nl-klcoiwplail) The subject project area contains two future land use designations. Mixed-use Community(MU- C) and Medium Density Residential (MDR), with the MDR designation taking up a Iarger area of the project, 12.1 acres and 23.6 acres, respectively. Mixed Use Community—The purpose of this designation is to allocate areas where community- serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential,and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be Iarger than in Mixed Use Neighborhood(MU-N)areas,but not as large as in Mixed Use Regional(MU- R) areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to,but also walk or bike to(up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Medium Density Residential—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The su6jectproject is located west of Ten Mile Road near the intersection of'Pine and Tern Mile and its western border is the Te►nmile Creek. The project has existing City of'Meridian zoning and developnnettt to the west and north of'the property consisting of'R-S zoning and detached single- _/amily Monies and R-4 zoning containing Fuller-Park and Chaparral Elementary. South of the .southern.section of•the project is the railroad easementfor the historic Oregon Short Line RR; south of the railroad tracks is a 15-acre self-storage facility°. Directly to the eastlsoutheast of this Project is a project that recently'received approval b- City Council far a mixed-use developnnent consisting of 135 multi fannily units and three contniercial pad.rites. Across Ten Mile Road is existing commercial zoning and uses as well as a Church use. The project to the south/,southeast has the MU C designation which is also on a portion of the southern section of the subject project. Tire nnajority of the subject project contains the MDR designation. Future land use designations are not parcel specific and therefore, when a project contains more than one designation the Applicant has the opportunity to float the designations and propose a project that nzay,fit with both or only one o f the designations. In this case, the Applicant has not chosen to include any commercial uses with the subject project and instead has proposed a project that is entirely residential, corresponding with the MDR designations. Tine Applicant is proposinag detached and attached single-ft milt'residential and multi-fastsily° residential which are also reconrnsended uses within the MDR. Despite intetntional1j,not proposing a project consistent with the MU-C designation, the Applicant understands some integration of uses and incorporating adequate transitions between uses is still important. Thus, this Applicant and that pf the prgject to the east have worked together to allow cross-access - Page 6 Page 216 Item#11. between the projects located on the south side ofthe Pine Avenue ewtension so both vehicles and pedestrians of this project can have easier access to the commercial approved on the west side of Ten Mile. Commission and Council should determine if this sole connection:is enough integration, Other than integration, the density of the project also conies into play when discussing the,future land use designations. MDR allows projects with densities in the range q f 3-8 dulac and overall, this project is proposed with a gross density of 8.17 dulac which is rounded down to 8. The MU- C designation allows gross densities of'6-15 dulac but Stafjr;finds this range to be generaliv nonapplicable because the Applicant is largely nor proposing a mixed-use project; in short, it would not be appropriate to allow an overall higher density based in a future land Ilse designation that is othenvise not a part of the project in any other aspect. A potential issue arises when the density is broken out into the.segments of the plat that happen to coincide with the proposed phasing plan—the southwest block, the northwest block, and the northeast block, according to the Applicant. The Applicant breaks the density of the project down into these three areas on the submitted prelintinary plat. The single-family portion of the project is proposed with a gross densih just above 3 dulae with the apartments being proposed at a gross density q f•16.95 dulac. The.same difterence in the numbers is also revealed when looking at the number of units proposed within the requested zones;216 multifamily units on 12.7 acres versus 76 single-farrzilv units on approximately 23 acres.ff the Applicant was on1v requesting approval of the apartments, the proposed density would not comply with the Comprehensive Plan and therefore the only reason it is compliant now is because of'the single-familvpor'tion of the project. Despite this fact. Staff agrees that apartments make.sense on the R-15 piece abutting a collector street, adjacent to a school, and across•from a mixed--use development to the south and more commercial to the east across Ten Mile. However, Staff does have concerns on host the apartments transition to other development and the impact that the proposed number of'units will have on the transportation systeni in this area. To help in these regards Staff`is recommending the Applicant lose some apartment aunts in the form ref reducing some of the buildings to two-story structures instead of three. Specifically, Staff recommends that buildings on Lots 4, 5, 6, anti 9. NE Block. I (as shown on the submitted plat) within the multi-fancily portion of the site be no more than two.stories. This would Delp with the transition of'multi-story structures ahutting the backs of single family homes to the west and to the mirth (Moshers Farm Subdivision) and reduce the number of units by approximately 32 units. Reducing the number of apartment units by 32 would revise the total number to 184 units and change the densit,cif the apartments to approximately 14.4 dulac which would fall within the allowed range of the MU C designation. Again, this designation is generally not being anatvzed by Staff but because part of the project does contain it and the adjacent project south of the proposed apartments also has the MU-C designation, Stuff finds it appropriate for the higher density portion ofehe site to not exceed the allowed density ivithin the MU-C because it makes,for• a more cohesive densi4 between the proposed apartments and all adjacent development, both existing and approved, The City may require a development agreement(DA)in conjunction with an annexation pursuant to Idaho Code section 67-6511 A.In order to ensure the site develops as proposed with this application, Sttiffrecommends a DA as a provision ofannexation with the provisions included in Section VIII,AI- The DA is required to be signed by theproperty owner(s)ldeveloper and returned to the City within 6 months oj'the Council granting the annexation for approval by On,Council and suhsequent recordation.A final plat will not be accepted until the DA is executed and theAZ ordinance is approved by City Council. Page 7 Page 217 Item#11. The,�pplieanf�y submitiedAnnexation and Zoning exhibit does net appear to maieh the par the Qq GIS de r,m w shows this Me ern ht. i _� .F-2 � �l•3:u� -gal r 51�1�3I�51�J Y As seen by this blue 1 4he fed line of-the submi4ed AnfiexfAien afid Zoning Boundary missed this small area. The aims to minimize leaving small slivers of eewity land whenever possible. So, exhibits to .ne.lude this small sliver of laP B. Comprehensive Plan Policies(htos:lliiitii?ii,.tiieridiancitil.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area; provide for diverse housing types throughout the City"(2.01.01 G). Foxcroft Subdivision proposes multiple different types of housing within the project to include single-family attached(duplexes), alley- loaded single-family homes, as well as traditional detached single-family and garden style, walk- up apartments. Staff finds the proposed housing diversity would offer new types of housing for this immediate area. "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices"(3.07.01 A), The proposed site design incorporates some transitional densities and pedestrian facilities within open space to act as buffers between the subject parcels and existing development.As noted above, Staff does have concern between the transition of the apartments to the detached.single- family homes abutting the project to the northeast. The project also abuts the Tenmile Creek on its entire western boundary which is a natural buffer between this subdivision and those to the west. Within the site the Applicant is proposing alley-loaded units abutting Pine Avenue on the south and duplexes on the north side of Pine Avenue abutting the apartments. Both of these choices offer-a good transition from a busy collector street to the more traditional detached single family homes. In addition, Staff finds placing attached units next to the apartments in order to transition from a higher density to the existing Creekstone and Castlebrook Subdivisions to the west is appropriate. "Establish and maintain levels of service for public facilities and services,including water,sewer, police,transportation, schools, fire, and parks"(3.02.01G),A11 public utilities are available.for this project site due to the existing network abutting the site to the east and to the west within the Page 8 Page 218 Item#11. existing section of Pine Avenue,per-Public Works comments. The Applicant will he extending Pine from Ten Mile Road all the way to the west and constructing a bridge over Tenmile Creek to complete this segment of Pine. Subsequently, all public utilities rill also be extended at the Applicant's expense in order to connect to the existing services within the right-of--way. This project also lies within the Fire Department response time goal. West Ada School District has offered comments on this project estimates 73 additional school raged children in this development. Chaparral Elemenlar�il abuts the subject site direclly to the north and the Applicant is ertending the multi-usepathuya.v network to incorporate pedestrian connection to Chaparral. 5tafffinds that the e-ri.sting and planned development of the immediate area create conditions for adequate levels ofser-vice to and,for this proposed project, especially with Staffs recommended revisions. "Preserve,protect,and provide open space for recreation,conservation,and aesthetics" (4.05.01F). The proposed project offers open space that exceeds the min itnum requir-einents in the unijied development code(UDQ because of the preservation qf the Ten►alile Creek. This creek is one of the natural waterwa's spec;f ically,noted within the UDC that shoteld be left natural and unimproved in order to provide for conservation of historir water-watts. Other than the creek, the Applicant is proposing open space areas that exceed the minimum 5a'x 100'ditnensional standards that should allow for usable open space in all areas o_rthe proposed project. The Applicant is also proposing multi-arse pathways along the creek and adjacent to Chaparral Ele►nenla►y and Fuller Park which provides more usable open space and additional pedestrian connections in this area of the City,that is currently tacking in connections to Ten Mile Road. "Coordinate with developers, irrigation districts,and drainage entities to implement the proposed pathway network along canals,ditches, creeks, laterals and sloughs."(3.08.02B). The applicant is proposing a large extension of the r ulli-arse pathwa'v network with this development adjacent to the Tennrile Creek. The Applicant has coordinated with the irrigation district to ensure adequate access for maintenance as well as allowed landscaping. In addition, the Applicant is proposing segments oj'the multi-use palhwav along the north boundary to be wider than the 10'requirement to accommodate adequate access for-public utility maintenance. This also offers additional room for pedestrians and cvclists to travels safely from the east and west of the site to Fuller Park and Chaparral ElenzenlaI3� "Require pedestrian access connectors in all new development to link subdivisions together and to promote neighborhood connectivity as part of a community pathway system."(6.01.01I ).As discussed above, the proposed development is constructing large segments of the regional pathwgv system which helps connect multiple areas of-the City+to Fuller Park and Chaparral Elenaentat)� In addition, there are proposed connections to the required detached sidewalks along the Pine Avenue extension. A11 of'the proposed pedestrian i►nprovernents would improve the access and safely,for pedestrians and cvclists in this area oj'the City. "Require collectors consistent with the ACHD Master Street Map(MSM),generally at/near the mid-mile location within the Area of City Impact."(5.01.03B). Pine Avenue is a collector street east of Ten Mile Road and west af'the adjacent T'enrnile Creek beet the segment of Pine that bisects the property is only a flirt-mad,private access at this tune. With the development of'these parcels and the recently approved project to the southeast, Pine Avenue will be constructed cis a collector street as noted on the MSM. This will make a much needed connection_for the overall transportation network of Meridian and especially within the immediate area of the development. Staff farads this development to be generally consistent with the Comprehensive Plan. Page 9 Page 219 Item#11. C. Existing Structures/Site Improvements: The subject development consists of 7 parcels and on three of them are existing homes that are proposed to remain. Access to all of the existing homes is currently via Pine,a private street that connects to Ten Mile Road but is required to be constructed as a public collector street with this development. No other site improvements are currently known. D. Proposed Use Analysis: The Applicant is proposing multiple types of residential uses within this development—detached single-family, attached single-family,alley loaded single-fancily,and multi-family residential. Multi-family residential is a conditional use in the R-15 zoning district per UDC Table 1 1-2A-2. All other proposed residential uses are principally permitted uses in the R-8 zoning district. Multi-family developments require Certificate of Zoning Compliance(CZC) and Design Review so Staff will have additional opportunities to review this portion of the site. The Applicant has provided a phasing plan notating the project is to be constructed in three phases with the single-family south of Pine being first,the single-family area north of Pine second,and lastly the multi-family development in the third phase. The Applicant is required to and has proposed to construct a vehicle bridge over Tenmile Creek and extend Pine Avenue from Ten Mile Road over the creek with the first phase of development. The proposed residential uses and how they are laid oast provide for a transition f•om Ten Rude Road to the existing detached single fannily subdivisions on the west side of Tenmile Creek despite not including the 16 acres abutting the development to the east(a drff}rent owner that has received approval for a multi_fancily development). Abutting the creek, the Applicant is showing traditional detached hotnes that_Ji•ont on a north-south local street that connects to Pine Avenue. East oj'this local street, and on the south.side of Pine, the site transitions to alley loaded homes that,f•oni on Pine. South of the alley loaded units are two of'the three existing horses that are to remain and then are proposed to take access_f-om the netii,local streets proposed within the development. These homes abut the developments eastern boundary along a long seg►nentbut are somewhat removed from the boundary by the existing yards. The Applicant has provided an exhibit shoring how this are of'the plat can redevelop in the future should those existing owners relocate or choose to redevelop. Staff finds it appropriate to incorporate this erhibit into the DevelopmenI Agreement because it shows a logical extension of the single-famili development within the project for fieture development. East of'the local street on the north side of'Pine the site transitions to single-lustily attached homes in form of duplexes. These homes abut the proposed apartment complex within the existing R-1 S.zoning district. According to the Applicant, these homes are proposed as single-stow structures which is a mgjor factor in Staffs recommendation to limit the centralli,abutting apartment building(Lot 9, NE Block 1) to a two-story structure to offer a better transition within this area of the project. The apartments are proposed with five buildings along the northern boundan°abutting Chaparral Elementan,and an existing subdivision.As noted, Staff believes the three buildings adjacent to the existing subdivision should also be limited to two-store structures to offer a more appropriate transition regardless of the approximate 80-foot bzaf]er between the apartment buildings and the back of the single-faintli,lots. Staff inds the centrally located clubhouse and open space_for the multi-family Waits to depict good site design and,should ofjr adequate opportunity,for use by everyone within the multi-family development. - Page 10 Page 220 Item#11. E. Specific Use Standards(UDC 11-4-3): The proposed multi-family development use is subject to conditional use permit approval by the Planning and Zoning Commission and subject to specific use standards outlined in UDC 11-4-3- 27 and below: I1-4-3--17—Multi-Family Development: A. Purpose: 1. To create multi-family housing that is safe and convenient and that enhances the quality of life of its residents. 2.To create quality buildings and designs for multi-family development that enhance the visual character of the community. 3. To create building and site design in multi-family development that is sensitive to and well integrated with the surrounding neighborhood. 4.To create open space areas that contribute to the aesthetics of the community,provide an attractive setting for buildings, and provide safe, interesting outdoor spaces for residents. B. Site Design: 1. Buildings shall provide a minimum setback of ten feet(1.0)unless a greater setback is otherwise required by this title and/or title 10 of this Code. .Building setbacks shall take into account windows,entrances,porches and patios, and how they impact adjacent properties.Proposed project shall comply with this requirement_ 2. All on-site service areas, outdoor storage areas,waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The site plan depicts screened trash enclosures that are on1j,visible from the private streets; all proposed tran.r1brnie►/utiliA,vaults.shall also comply with this requirement. 3. A minimum of eighty(90) square feet of private,usable open space shall be provided for each unit. This requirement can be satisfied through porches,patios, decks,and/or enclosed yards. Landscaping, entryway and other accessways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section,the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title.According to the revised open space exhibit, the apartments are proposed with approximately 85 square feet of private open space in the farm of private patios and decks far each unit., co►ninensurate with traditional garden style apartment buildings, 4. For the purposes of this section, vehicular circulation areas,parking areas, and private usable open space shall not be considered common open space. These areas xvere not included in the comnzon open space calculatio►rs.fb►-the site. 5.No recreational vehicles,snowmobiles, boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. Applicant shall cornply with this requirement. 5. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All ❑istricts",of this title. See a►ralvsis in staff report below. 7. Developments with twenty(20) units or more shall provide the following: - Page I 1 Page 221 Item#11. a. A property management office. b. A maintenance storage area. c. A central mailbox location (including provisions for parcel mail)that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) Per the submitted plans, the Applicant appears to►neet these requirements. Where it is not clear on the submitted plans, the Applicant shall comply moth These requirements at the time of CZC submittal. The site plan submitted with the Certificate of Zoning Compliance application shall depict these items. C. Common Open Space Design Requirements: 1. A minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150)square feet for each unit containing five hundred(500) or less square feet of living area. b. Two hundred fifty (250)square feet for each unit containing.more than five hundred (500) square feet and tip to one thousand two hundred(1,200)square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred (I,200)square feet of living area. Nate: Open space standards found in UDC 11-3G AND those found in these specific use standards shall apply to this project. Please see the applicability section of both code sections. Staff anati shi for both open space requirements is in Section V.L of this staff report instead of splitting the analysis into two parts. 2. Common open space shall be not less than four hundred(400)square feet in area, and shall have a minimum length and width dimension of twenty feet(20'). Proposed open space submitted as meeting this requirement has been reviewed. All area labeled as qualified common open space on the opera spine exhibit complies with this requirement. 3. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. The multi-frrinilr porno>p aal'the project is proposed to be developed in one(I)phase, However, all Pathways and required landscape buffers to Ten Mile Road and Pine avenue will be required to be constructed with the_frrst overall phrase of development. 4. Unless otherwise approved through the conditional use process, common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four feet(4') in height,with breaks in the berm or barrier to allow for pedestrian access. (Ord. 09-1394, 3-3-2009,eff,retroactive to 2-4- 2009). The bgfter along W. Pine Avenue, a collector street, and the buffer along N. Ten Mile Road, do riot count tovvard the common opera space requirements for the nmltt.'_fanhilt, specifc use standards. However, those areas along the arterial and collector roadways do court towards the minimum 10%required open space for the residential development as a whole. D. Site Development Amenities: Page 12 Page 222 Item#11. 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1)Clubhouse. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. b. Open space: (l)Open grassy area of at least fifty by one hundred feet(50 x 100') in size. (2)Community garden. (3) Ponds or water features. (4) Plaza. c. Recreation: (1)Pool. (2)Walking trails. (3)Children's play structures. (4) Sports courts. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20) units,two(2)amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20)and seventy-five(75)units, three (3) amenities shall be provided,with one train each category. c, For multi-family development with seventy-five(75) units or more, four(4)amenities shall be provided,with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D, provided that these improvements provide a similar level of amenity. (Ord. 05-1170. 5-30-2005,eff. 9-15-2005) Based on 216 proposed units or the reduced amount of 184 units recommended by Staff,a ►ni►ri►►rum of four(4) amenities are required;however, the derision-making body is authorized to consider other amenities in addition to those provider[per the standards listed above in 2.d. It is not entirely clear what amenities are proposed only far the multi fa►►rily portion of'the development. Therefore, the following amenities are what are known by Staff to be proposed front the quality of life, open space, and recreation categories:a clubhouse, a swimming pool, pedestrian and bicycle paths, a segment of multi-use pathway, and open space that is at least 5,000 square feet. Therefore,the Applicant is proposing 5 qualifjOig site amenities to meet the ►►rulti-fire►idy standards. Staff is not in full support that the proposed 5 amenities can adeguateJtr serve nearly 200 apartment units.At the Commission hearing, the Applicant should clarify Page 13 Page 223 Item#11. what other amenities are proposed fur the rrrulti family portion of the developtrte m to enmire compliance with code. E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts",of this title. 2. All street facing elevations shall have landscaping along their foundation. Tile foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3)linear feet of foundation,an evergreen shrub having a minimum mature height of twenty-four inches(24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area, The submitted landscape platy appears to meet these spec fic use standard landscape requirements and shall be further verified at the time of CZC submittal(see Exhibit i'H.D). 1~. Dimensional Standards(UDC 11-2): The proposed building lots appear to meet all UDC dimensional standards except for Lots 3-8,of SW Block 2 (some of the alley loaded lots),per the submitted plat; these lots do not meet the minimum lot size of 4,000 square feet. The Applicant is required to cornphv with the dimensional standards of the requested zone so the noted lots must be enlarged to meet the minimum lot size requirement. To do this. the Applicant will likely have to reduce the open space lot directly south of these lots and pt.tsh the alley further south. Note: The alley that is shown on the plat does not meet ACHD policies for an alley. Therefore, this alley must instead he constructed as a minor urhan local street which is a minimum of 24 feet wide with curb and gulter and no parking is allowed on either side_ Staff is recommending a condition nf'approval in litre with ACHD's condition to ensure this street segment is revised. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC I I-5C-3). The Applicant is proposing a cul-de-sac that is over the permitted 500 foot length and therefore must be approved by City Council,per the UDC standards. The submitted preliminary plal depicts this cul-de-sac to he approximately 710 feet in length and ends in a cul-de-sac that has an emergency access to the adjacent Mile High Pines subdivision directly to the east. This Applicant Reeds the emergency access in order-to maintain Fire Department approval. The adjacent subdivision was recently approved with maintaining this access but Commission and Council should determine if the overall site design of[his southern section of the site is satfficient.for 26 homes to take access front when developing around existing structures. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed local street connections to the W.Pine Avenue extension for the single-family portions of the development, the multi-family development is proposed with two driveway access points to Pine Avenue that line up proposed accesses on the south side of Pine(one within this development and one within the Mile High Pines project on the south side of Pine). There is no access to N.Ten Mile Road except through the collector street, Pine Avenue. Because of the Tenmile Creek and other easements along the boundaries there are no other stub streets that exist to this development. Subsequently,the Applicant is not proposing any stub streets to adjacent subdivisions. The proposed public streets and driveway access points have been approved by ACHD despite the easternmost driveway not meeting district policy. ACHD has recommended a Pare 14 Page 224 Item#11. 25%modification to their standards to allow this access so that it aligns with the one approved for Mile High Pines to the south and to allow overall traffic circulation in the multi-family development. As noted, the Applicant is proposing a cul-de-sac over the permitted length. Please see previous section for analysis and requirements on this issue. Traffic Impact Study Anal}psis: The proposed project proposes more than Illy units and therefore requires a Traffic Impact Study(TIS). The Applicant's traffic impact study has been analyzed by.ACHD and specific conditions of approval are outlined in their staff report(see erhibit UILK). Despite A CHD analyzing and discussing the TIS in their own report,Staff finds it necessary to highlight the ►vain points of'discussion and road improvement requirements, specifically those related to the extension of Pine Avenue. This Applicant and the Applicant for the approved project to the southeast of this project have entered into a legally binding "Dedication and Development Agreement"that outlines the potential options fur how the Pine Avenue extension will be constructed{.see Exhibit V111.0}, In addition,ACHD has outlined different options for how this extension and road improvements can occur. The Applicant's agreement discusses that whoever obtains City approval second is required to dedicate the required amount of right-of=way to ensure Pine Avenue is constructed centered on the section line dividing the two properties. Staff appreciates the forethought of this agreement to ensure correct construction of the Pine Avenue extension. Therefore,Staff'recommends a condition of'approval in line witli this agreement. At a mininium,this Applicant will construct Pine Avenue west of the Pine/Ten Mile intersection as %of a 36 foot collector street section with vertical curb,gutter, and detached sidewalk on the north side. This half street section is proposed and has been approved by ACHD for approximately 890 feet into the site f•om Ten Mile because the Mile High Pines development will construct the southern half'the street section abutting their site. West of'this line, this Applicant is required to construct Pine as the full collector street section to the Kest boundary and construct the vehicle bridge over Tenmile Creek. In addition, tine Applicant is required to enter into a signal agreement for the required signal improvements at the Pine/Ten Mile intersection. H. Parking(UDC 11-3C).- Off-street parking is required to be provided in accord with the standards listed in UDC Treble 1I- 3C-6 for single-family and multi-family dwellings based on the number of bedrooms per unit. The single-family portion 91'the site►must comply with these standards and will be confirmed at the torte of building permit subrninal. The Applicant has provided data regarding the multi-farrrily portralr of the site to show compliance with the parking requirements. Based on the number of bedrooms, the minimum parking required for the multi-family development is 415 spaces;according to the submitted preliminary plat, 429 parking spaces are proposed. This amount exceeds the rninimtrnl requirements M,only 14.spaces. Pine Avenue will be a collector street which does Trot allow on- street parking so there are on4l, 14 extra spaces for guests to park within the apartment complev. Staff has major concerns regarding the proposed parking which is an additional reason why reducing the number of units asprevioush,discussed is recommended. By losing 32 units, the parking requirement will be reduced by 48 spaces if they are all one-bedroom units and will be reduced by 64 spaces if they are all two-bedroom units. Staff reeontniends a reduction in apartment units but not a significant reduction in parking.spaces. Following the reduction in - Page 15 Page 225 Item#11. units, some of the parking could be removed in order to move Lot l I or Lot 9 awa'v from the single-fatuity homes to the west;some parking could also be removed to increase the amount oj' open space within the apartment complex. Staffrecommends that no more than 20 of the excess spaces are removed to accommodate the above options. The Applicant did not submit a separate parking plan for review. 1. Pathways (UDC 11-3.4-8): A I 0-foot wide multi-use pathway is required and proposed along the property's western, not-them,and southern boundaries. The Applicant's submitted plans show compliance with this requirement in line with the Master Pathways Plan (MPP). The Applicant will continue the new.segment of'pathwc'vfrom Mile High Pines to the east along the southern boundary and abutting the railroad easement. This section of multi-rise patlnvc-v will them connect to a segment along the east side of the Tenmile Creek that will be shared with the irrigation access road. Approxinzately 425 feet north of the southern boundary, the pathwc-y turns west and crosses the creek at an existing culvert to end up behind the Chesterfield Subdivision. This juncture of the pathway also turns east to become a micro path and connects to the attached sidewalk along the internal local street. Along the creek the pathway continues north to Pine Avenue and ivill connect to the sidewalks along the collector street arrd allow for access to the existing multi-use pathway on the north side ofPine that continues further north to Fuller Park and the Castlebrook Subdivision. Per the MPP, the Applicant is also proposing to construct another large segment of'multi-use pathivav along the northern boundary that starts at Ten Mile Road and continues all the wav to the western boundary with a new pathway connection to Fuller Parkfi•oni this development. This new connection will allow residents of this development, the future Mile High Pines residents, and those of existing developments to the west to use the side-walks and this new pathwav segments to access Fuller Park fi►rther east than what is currently existing within Castle-brook Sub. In addition to the required multi-use pathways, the Applicant is proposing a micro path between the apartment complex and the northwest block of single-furtzily ltontes that connects the detached sidewalks along Pine to the multi-use pathway along the norther boundary. This is yet another pedestrian and bicycle connection to increase the pedestrian circulation in this area. Despite all of the proposed pathways within the development, there is one additional connection that could tie together even more paths and add a quicker►teay for children to walk to Chaparral Elementary, if it can be done. Staff believes adding a new,micro-path connection to the open .space crud pathwav within Mosher:s Subdivision to the northeast would be a great benefit to this development and the recently approved Mile High Pines.Adding a new connection to the school is trot prefer red by either the school district or Police because it creates another access paint to monitorf❑r safety reasons. Mosher Subdivision already has a dedicated micro path connection to Chaparral so if this Applicant can work with the Mosher HOA and tie into their-existing network, the overall pedestrian access to the school will be increased. Overall, this Applicant is proposing to construct approximately 4,500 linear feet(approximately 0.85►miles) of'pathways with this development, which does not include the detached sidewalks along Pine Avenue. This is an abnormally high number_far one project to construct so Staff is appreciative of the proposed pathways that area required and not required. Sta ffis in full support of the proposed pathway plan far the subject development. J. Sidewalks(UDC II-3A-17): 5-foot attached sidewalks are proposed along all internal private streets and 5-foot detached sidewalks are proposed along Pine Avenue. in accord with the standards listed in UDC I 1-3A-1 T - Page 16 Page 226 Item#11. The sidewalks in this development create connections throughout the project including to and from the multi-nt.se pathwai+segments.surrounding the development. All open space areas also appear to be direcrIv adjacent to sidewalks which add to the accessibilit},of'these areas. Staff supports the sidewalk randpedestrian circulation pla►n.for this development. See Exhibit IVII.E. K. Landscaping(UDC 11-3B): A 20-Foot wide street buffer is required adjacent to W. Pine Avenue, a collector street, landscaped per the standards listed in UDC 11-3B-7C. At least a 20-foot wide common lot is depicted along both sides of Pine Avenue and the submitted landscape plans appear to show landscaping in excess of code requirements. There is also a 25-foot wide landscape buffer required adjacent to the small area of the site that abuts N. Ten Mile Road,an arterial roadway,the submitted plat and landscape plans also show compliance with this requirement. The submitted landscape plans appear to show the correct amount of landscaping per the UDC standards for the landscape buffers. Landscaping is required along all pathways (including micro-pathways) in accord with the standards listed in UDC 11-3B-12C. The total lineal feet❑f all pathways with the required and proposed number of trees are included in the Landscape Calculations table on the submitted landscape plans,sheet LA. The correct number of trees appear to be shown on the submitted plans. However, the required 5 feet of landscaping and trees on both sides of the pathways is not shown at any point throughout the site Staff understands the pathways are encumbered by the Tenmile Creek to some degree. Therefore, at a minimum,the Applicant should apply for Alternative Compliance at the time of'Final Plat submittal to show an adequate alternative to the required landscaping on both sides of the multi-use pathways. Prior to the Ci(y Council hearing though, the Applicant should revise relevant plans to reduce the depth of Ilse lots along the southern boundary to include the required landscaping on both sides of'the pathway in this segment fit addition, the segment that runs along the east side of tine creek should widen the landscape area adjacent to the pathway to at least S feet;the submitted landscape plans show only a 3-foot Hide area of landscaping. The lots adjacent to this segment can accommodate a loss of at least 2 feet in lot depth to include 5 feet of landscaping on at least one side of the pathway. The segment of multi-use pathway along the north boundary and proposed apartments is also encumbered by irrigation and sewer easements as well as tire required dimensional standards for drive aisles and parking spaces. Because of this, the Applicant has proposed trees and landscaping on the buildable lots abutting the pathway that exceed UDC minimums: Staff agrees with this decision but this alternative should also be included in the alternative compliance request required at the time of'ft►ral plat submittal. For the segment of pathway along the north boundary but behind the single-funnily lots, no landscaping is shown beyond grasses. This does not meet code and at a minimum,these lots should be reduced to accommodate at least 5 feet of landscaping(including trees)between the pathrvkv and the buildable lots.As discussedpreviously, the lack of trees on the drain side of the pathway should be part of'the required alternative compliance request. Common open space is required to be landscaped in accord with the standards listed in UDC II- 3G-3E. The total square footage of common open space and the required number of trees to demonstrate compliance with UDC standards is included in the Landscape Calculations table and meets UDC requirements. Page 17 Page 227 Item#11. L. Qualified Open Space(UDC 11-3G): As discussed previously,the open space standards for both the standard 11-3G-3 and the multi- family specific use standards are analyzed in this section. A minimum of 10%qualified open space meeting the standards listed in LTDC I I-3G-3B is required for the overall development, including the multi-family portion of the project. Based on the proposed plat of 35.72 acres, a minimum of 3.57 acres of qualified common open space should be provided to satisfy the requirements of I 1-3G-3.In addition, because there is a multi-family development within a residential zoning district,the common open space standards listed within the specific use standards, UDC 11-4-3-27,also apply. The minimum amount of open space required to satisfy the specific use standards is 1.24 acres of common open space. Combined,the required amount of minimum qualifying open space that should be provided is 4.81 acres.The Applicant's revised open space exhibit shows a total of 6.9 acres of qualifying open space. 5.31 acres meet the 11-3G-3 standards (approximately 14.9%)and the remaining 1.59 acres meet the common open space requirements in the multi-family development specific use standards(see Exhibit V11.C).The qualified open space consists of the required street buffers,the Tenmile Creek,and other open space areas throughout the site. This area exceeds the minimum UDC requirements. The 1.59 acres of common open space proposed to meet the specific use standards for multi- family development consist of the clubhouse/pool with some adjacent open space, two areas that are at least 5,000 square feet, and other smaller areas of open space that meet the minimum 20' x 20' multi-family open space dimensional standards. The open space proposed to meet the specific use standards also exceeds the minimum UDC requirements. As noted above, the common open space provided with this development exceeds the minimum amounts required by code. Despite proximity and ease ofaccess to Fuller Park-for this development, the Applicant proposed open.space in excess of UDC standards. In addition, the Applicant is not counting a m.gjority of the multi-use pathways as open space because then 1.-rrow lhev cannol accommodate the Required landscaping adjacent to there. Staff appreciates the amount of open space proposed and even though it is not central1v located, Staff'believes there is adequate open space within Fuller Park to engage in larger activities. In addition, the Applicant is proposing private open space,for the multi famili,development that complies with code requirements. Staff appreciates all o f the pedestrian pathways throughout the site; thewpathiva'i.s and sidewalks connect the main areas of'open space to the residential units offering_fairly equitable access to the proposed open space. Staffsupports the pedestrian network and the connections to open space anchored btu usable open space and amenities and the commercial area on the eastside of'th.e site. All in all, Staff fads that the proposed common and private open space are sufficient for a project of this size and proposed use. M. Qualified Site Amenities(UDC 11-3G); Based on the area of the proposed plat(35.7 acres), a minimum of two(2)qualified site amenities are required to be provided per the standards listed in UDC 11-3G-3C. The applicant proposes three(3)qualifying amenities to satisfy the requirements in this section of the LTDC; 10-foot multi-use pathway segments, children's play structure, and a gazebo. All other site amenities(analyzed in an above section) satisfy the multi-family specific use standard amenity requirements. - Page 18 Page 228 Item#11. N. Fencing(UDC 11-34-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 1 I-3A-7, Fencing is proposed as shown on the submitted landscape plains and appears to meet UDC requirements. Q. Building Elevations{UDC 11-3.4-191 Architectural Standards Afanual}: The applicant has submitted conceptual renderings and elevations only for the apartment buildings.Attached single-family homes and multi-family structures require Administrative Design Review(DES) approval prior to building permit submittal. The submitted multi-fumill'elevations slrvtit,traditiarral, walk-up garden st}=le apartment buildings. The buildings appear to have at least three f eld materials of stucco, lap siding, and stone and incorporate adequate roof plane variation along the roo fline. The buildings all share the identical colorpalette which does create a singular identity. The ASnf notes that no Mo multi-family buildings should look the same, .4[ the time of DES submittal for these structures, the Applicant should create more differentiation between the units to ensure compliance with the.4SM This could occur by adding variation in the amount of aceent materials andlor accent colors. Sta ff ivill ensure compliance with the ASM at the time of design review submittal for both the multi-family omits and the attached.si►zgle family dwellings. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and zoning with the requirement of a Development Agreement and approval of the requested conditional use permit and preliminary plat applications per the Findings in Section IX of this staff report. S. The Meridian Planning&Zoning Commission heard these items on March 4,2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning, Preliminary Plat, and Conditional.Use Permit requests. 1. Summary of Commission public hearing_ a. In favor: Jane Suggs,Gem State Planning—Applicant Representative; b. In opposition: Jane Byarn,resident._ C. Commenting: Jane Suggs;Jane Byam; d. Written testimony:None L. Staff presenting al2plication: Joseph Dodson, Current Associate Planner f. Other Staff commenting on application; None 2. Key issue(s)of public testimony: a. Future land use map shown on the project site and its correlation to density- b. Concern over the extension of Pine Avenue and the potential of traffic increasing at the intersection of Pine and Black Cat; L. Density of the project not being compatible with subdivisions to the west and the larger lots even further west,west of Black Cat; d. Will the Black Cat and Pine intersection be signalized? 3. Key issue(s)of discussion by Commission: a. Pine Avenue extension and its impact to closest arterial intersections(Pine&Ten Mile; Pine& Black Cat); b. How the southernmost lots function as shown on the proposed plat; C. Redevelopment plans for the three existing homes that are to remain on site, specifically the two lots in the southern section of the project; Page 19 - Page 229 Item#11. d. General location of the different types of single-family homes and how access to them will work, What kind of additional amenity is appropriate for the apartment units, 4. Commission change(s)to Staff recommendation: a. Revise the conditions of approval as noted In the Staff'Memo dated March 1.2021; b. Add a condition that an additional amenity be added to the proposed_multi-family development in the R-15 zoning district. 5. Outstanding issue(s)for City Council: a. None C. The Merl man-City CQwcdboLd thethese items on April 6.2021,May 11_2021,and Mayes.20ZL At the public hearing,the Council moved to approve the subject Annexation and Zoning. PreliminM Plat.and Conditional Use Permit requests[application was continued multiple times d11�� t�ila3�Ce3iLtl SJ�iq � C�t�t�t. d CounciI- -stioned the Applicant at each_meetin ;all meeting Summaries have been condensed inI this similar somma L Summary of the ky Council-public hodu% a. In favor:Jane Suggs,Applicant Ren.:_Deb_orah Nelson,Applicant Legal Represntation h in opposition. Multiple neighbors noted as being against the V=osed _ ro_icct for its density., on o -PoT ^ apartments,and the�osal to extend Pine Avenue: please see_p_ulZ_lic record for specifics. r— Co m� t' ebora _Xds- n;.Madm Parker.neigh] r r� d. Written testimony: I i pieces of public lotimmnlfrom February until May 2C'�`noting opposition to the proposed development in terms of its density, the extension of Fine Avenue, and the locatisz f the p o e -iments in relation tn�l� ci tin in - family homes in the Mosher Farris Sub.-to the north• ^ e, Staff presenting application:Joseph Dodson, Associate Planner f, {..ether Staff melman. ACHE); Garret White,Parks Department:Joe Bongiorno,Deputy Chief Fire Marshal: Bill Nara,City Attorney: 2. ley issue(s)of public testimony: iL L iQr-mdlrm an homes to the north(Mosher Farms Sub.l3 ^ I Kja issue(s)of discussion by City Council: In regards to the future land use designations,is Staff concerned with transitjonm1 density or transitional uses: b- Clarification on lC ol� lat and which lots contain homes that are to remain and is there a redevel t nLan; e. Clatification that multi-family use and Conditional Use Pen-nit reauest i$contained to the R-15 zoning district that is existing. d. Location and necessity of shared emnreency access between subject ice icet and wirct to the east(Mile High Pines): S� Proposed density and how it meets the commr hensive lap; f, Location of the imposed amenities and open spice in relation to_theProposed uses. Is a pedestrian crossing nosed across the Pine Avenue extension—since one is not pwposed what di,etm- tie need for a grossing; h Pedestrian connections to and from the adjacent park and school.and how the proposed W pedestrian facilities intend to connect to these points and move children safely between tb�t�5; i Level of access_to the multi-family development and their proposed locations, - Page 20 - Page 230 Item#11. ou.Id proposed Project be broken Into separate applications to get at least the infrast=turc and multi-family uortions of ft proirct mining rward wliile the a= �_urc m4es a decision Qn their items, lk. Clarification on if a pedestrian bridge to Fuller Park is reguiredit is required per the pr athway5 ands r t Ie Park's Department sonditions'dor men ; ISDensity and location of landscaping between proposed apartments and existing iorl}es in Mosher Farms to the north; 4. _ niht1 ��IL]nisi�lt�ec9�?u ]1s��tio1� ;L. Clarify+that a pc -estrian bddvx for the multi--wst�pathway.connection_ to fullgr Parkis required. Page 21 Page 231 Item#11. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps Description for R-8 ZONE Foxcroft Subdivision November 19,2020 A parcel of land located in the Southwest 114 of the Northeast 114 and the North 112 of the Southeast 114 of Section 10,Township 3 North,Range 1 West,Boise Meridian,Ada County,Idaho more particularly described as follows: Commencing at the East 114 corner of said Section 10 from which the Center 114 corner of said Section 10 bears, North 89'36'62"West,2655.68 feet;thence on the East-West centerline of said Section 10,Not1h 89136'02"West,939.50 feet to the REAL POINT OF BEGINNING; thence leaving said centerline,South 06'0728"West,415.20 feet; thence South 42152'02'East,798.04 feet to the centerline of the Oregon Short Line Railroad; thence on said centerline, North 88951'42'West,703.34 feat; thence leaving said centerline.North 33'15'25"West.241.17 feet; thence North 48032'21"West. 101.97 feet; thence North 43'57'49"West, 144.27 feet; thence North 88'5Z12"West,50.71 feet to the Easterly boundary line of Chesterfield Subdivision No.4 as filed In Book 112 of Plats at Pages 16216 through 16218,records of Ada County,Idaho; thence on said Easterly boundary line the following seven(7)courses and distances: North 45026'50"West,176 feet; North 39`43'48"West,89.05 feet; North 39'20'28"West, 100.02 feet; North 25'23'24"Wast,125A 6 feet; North 19'21'27"West,94.89 feet; 11779 <<'A,� Page I of 2 Page 22 Page 232 Item#11. North 22°44'42"West,83.44 feet; North 17°25'33"West,198.22 feet to the last-West centerline of said Section 10: thence on said centerline,South 89°36'02"East,39.48 feet to the Easterly boundary line at Ten Mile Greek as described in Easement Deed recorded on March 15, 1946 in Book 121 of Deeds at Page 23,records of Ada County,Idaho; thence on said Easterly boundary line the following three(3)courses and distances: North 17'27'31"West.530.79 feet; 120.65 feet along the arc of curve to the left having a radius of 176.00 feet, a central angle of 39=2fY32"and a long chord which bears North 37107'47" West, 118.49 feet; North 56148*03'West, 118.30 feet to the North boundary line of the Southeast 114 of the Southwest 114 of the Northeast 114 of said Section 10; thence on said North boundary line,South 89`37'19" feast,765.14 feet to the Northeast corner of the Southeast 114 of the Southwest 114 of the Northeast 114 of said Section 10; thence South 0000348"West,663,57 feet to the Southeast comer of the Southeast 114 of the Southwest 114 of the Northeast 114 of said Section 10; thence on the East-West centerline of said Section 10,South 89136'02"East, 388.34 feet to the HEAL POINT OF BEGINNING. Containing 24.567 acres,more or less. End of Description. Page ? of 2 51 r�tr:S Page 23 Page 233 Item#11. Jv 1sa san � 34d SCALE: 1" = 300' f C-S-NE 1/64 -_ S89'37'19'E 765_14' _ S.10 1 I vim-, p _ FARM SUB 1 I y j BASIS OF BEARING N89'36'02"W 2655,68... S89'36'02_'E --- - 1/4 C 1/4 C-E 1/16 38B.34' N89'36'02"W 939.50' 4 ' " 5.1p N17'2 33"W 39.48'589'3B 02 E $10 1 READ PAINT 5.10 5.11 ell 198.22' r, OF BEGINNING N22.44'42"W R-8 ZONE ry 83.44' t24.5fi7 ACRES 1p r N1Q'21'27"W tfG� 94.89' N25'23'24"W mac] 125.15' N88'S2'12"W + I N39'20'28'W 50.71' + 1 S S45.28'50"E 1.76' �9 I N43 57'49"W + p I 14�7 r fir y`a�pL LRNps Ns�e G,p — -— N88'51'42 W 703.34' OREON SNORT LINE i?AII,ROAD 11779 N.+f'jt4,z.,�p �o ATE of r°�pk LINE TABLE Q r� mcc;p, LINE BEARING LENGTH L7 N33'15'25"W 241,17 CURVE TABLE L2 N48'32'21"w 101.97 CURVE LENGTH RADIUS I DELTA CHORD SRG. CHORD DIST. L3 N39-43'48"W 89.05 Cl 120.85 176.2o 34'20'32" N37ti7•+17•w 118 49 L4 ry56.48'a3"w 118.30 EXHIBIT DRAWING FOR "�rye. IDAHO l�tW SURVEY wlw.ewRAlOSf. CITY OF MERIDIAN R-8 ZONEWIE s�IEET Ho. aa`yass�a'r�ro�"°` FOXCROFT SUBDIVISION 1 GROUP, LLC LOCATED w T1E sv 1/4 OF ME NE 1/4 A"r,THEN 1/2OF WE SE DWO,DATE 1/4 OF 9ECIM 10.TN..RAW.&N.,AOA COUNTY,IOAHO tl/m/ffi]O Page 24 - Page 234 Item#11. Description for R-15 Zone Ten Pine Park Subdivision October 27,2020 A parcel of land located in the Southeast 114 of the Northeast 114 of Section 10, Township 3 North, Range 1 West,Boise Meridian,Ada County,Idaho more particularly described as follows: BEGINNING al the East 114 comer of said Section 10 from which the Center 114 comer of said Section 10 bears,North 89`36'02"West,2655.68 feet; thence on the East-West centerline of said Section 10,North 89'36'02"West, 1327.84 feet to the Southeast corner of the Southeast 114 of the Southwest 114 of the Northeast 114 of said Section 10; thence on the East boundary line of the Southeast 114 of the Southwest 114 of the Northeast 114 of said Section 10,North 00°03'48"East,654.55 feet to the centerline of the Ten Mile Drain; thence on said centerline the following seven(7)courses and distances- South 85'32'14"East, 126.24 feet; South 65'24'02'East,49.70 feet; North 89°34'58"East,23.00 feet; South 66*39'02'East,357-40 feet; South 67030'53`East,357.19 feet; South 66101135`East,448.10 feet; South 50`13'59`East,22.66 feet; thence leaving said centerline, North 89'59'5,2"East,48.00 feet to the East boundary line of said Section 10; thence an said East boundary line,South 0°00'08"East, 158.64 feet to the REAL POINT OF BEGINNING. Containing 12.942 acres,more or less. End of Description. ;;.. 04K AP.; 5 � 8 J�,!'I 11',• ', Page 1 of i1 Page 25 — Page 235 Item#11. din 150 600 0 3na SCALE: 1" = 3GO' S85'32'14"E J L 126.2+4' S65'24'02'E --- — _� 49.70' 1 `?$r g 0�� ,'�1 4q Ss>. MOSHERS N89'34'58"E 3psS FARM SUB A� 23,00' as-- £_ R-15 ZONE 013S' I w a I +12.942 ACRES i 1 4 S50'13'59E L7 1 22,56' REAL POINT rt�— --,—__--_ OF BEGINNING 1/4 I 1/4 f NB936'1)2'W 1327,64' S•10 If S.10 S.11 N59'36'02"W 2655.6e'•.. BASIS OF BEARING r I� � I I Q � I � I `y I }I ORFON SHORT LIATA' RAILROAD NL LA ENS a-�a 1 779 LINE TABLE LINE BEARING LENGTH L7 N69'59'52"E 48.00 D OF ❑ �1ZJ MOCK L2 SWCO'QS"E 158.64 EXHIBIT DRAWING FOR 19 ss IoaHo 19-,� SEJRVEY CITY OF MERIDIAN R-15 ZONE SHEET . TEN PINE PARK SUBDIVISION 1 lae�aeeas o GROUP, LLG LocATM IN,,,E SF 1/4 of TIE NE 1/4 OF SECTrON Va. Rwc DATE T•J1..RAW.,HM..A &COUNTY,IDAI{p io/27/2m Page 26 - Page 236 Item#11. sas•ar 4'e s �s �7- h +e a� m 1327-B4 1 0127/202 0 Scale: 1 inch= 171 feet File:Ten Pine Park Sub R-15 Zone.ndp Tram 1,12.9416 Acres,Closure:s62.4340e 0.01 1t.I llff862311.Verimeter-3513 fL 01 ne9.3602w 1327.64 10 n89.5952e 48 02 n00,0348e 654.55 11 s00,Lb08e 158.64 03 985.3214e 126,24 04 s65.2402L 49,7 05 n89.3458e 23 06 s66.3902e 357.4 07 s67.3053e 357.19 08 s66-0135e 448-1 r r Page 27 - Page 237 Item#11. B. Preliminary Plat(dated: 11"��'2 February 24, 2021) - �€++€ �1N31"Id OIH/ti30 J\F7011tl1 •�I'i�xwl¢+l+sw _ L'v"1 d .l�J b fV I IN 11 3 b.1 a".• Aj lilt U N "�SJIS f"�'-0� I n 1•r - rym 31. 0ppi ti!ti, ' T � r ��� va•IMP tilJ:ii yh _ '���ooic4�y9j;it ;:i;a�3e:g A y r 77 174 d - - 8 I• .�J sl .r a � e - -- 1 r � s e J � �--�•- � y�� J ■ J 1 ..1, _4 � � ii s�� � •n I r- Page 28 Page 238 Item#11. apgivanaaylano�p>Wp J "C71S I^I<3G flS 1�oxd:-3x o_ 'ay'7u�+�p9+�q - - _ a' IIIIii:liii�ii+�R'ii�s� i�i=il _ ,,��a 3' g S i 6 ppppgg G i i65 G pp w� 'S°� �- srll6l lli:;.;a:llilallWal4s lsJl4ey 11: �• I �_„-_ _ � •, i}!l: aolag:liEl:Il.IIIIWa:p:tl:prl3!I:IIC ,,,T iFr lr;a:aial6ell;llllaal!$�l::IlFapl,! y j11Gei11 ltEllSIE:1>sl1Q31lg9i11 a t I �I iiiUM,,C�i€€i�6i}tfiti_i�$i " 3�• 15111Gi@ 1; litliilalr1;71S1i!llalilllla �.� F�`:: isi'SlFf:alaS73119xE:l:ii'xill'M a :aalalla4laa!laaalllflalaeeaaaa lel;<< lI6�liiiiipii�1115p;Gip{efilPii11 ISM fl, =ii AMID EIMI IEiiiii`siiiatiEii if4 Rll M eE3 [Ff3i4S lllls;aa33E?¢1;IIF' i7i9:!Il s.17912si. _-•:�`.. . FI,' �tp3513G1+afa:a6119311i,?:6a.:S;lall:7lala �'I tale adlaaaaae111aa1 ilaEllllaaRel557 51i".657fe5lp9577 �- . ......... Fr` ,tip - I T T. IIIH y��. � I� 19 Ir ••i e I h .-dhr.� � ,���• -�� J Ai g f ka•"� m _,I ;�. •yam '. �rf ::�qJ ;4e � s 't ..i S S �..• ��w xci `- a � 1 2 S g i F eIi irE3� i� v��� Ei 1. it Page 29 Page 239 Item#11. C. Open Space Exhibit(date: ' "t. rA!Q02 February 24,2021) 7N1 '1N3Wd073h30 h!D0112d.L _ OR['JlmiwYY•wrn�s�yq -wl7EYaaal�tlg itE�. :'� r- N41S1l114 E11"lS 1.JOTJ�TCOd I NVId r7NIXMVd CNV 3nVd$ N3d❑ s _ x CD qF4 � Wm .�_.. �� �#• tf4f� m� bw Vr w wK W}�W 4[0[]] W C) :A' LL� W�'•' .. F� C i �/A VI U VJ P W Cam] Qiy n k i—0 K P �? ' } q0�r ❑ago O'U`+�—'O4N� ❑��r�i �d�� ��``v y � _ I�� ��iT�•:' � I f � Niri FBI � - :__ - � --. �y�co g6 ���� .i�°:� •�' �fis' � EFS�' L { ;IsN� ;i,§f=�i•F! oo �o — .r L ; ,i `r�•S Fir eAsF'?d•[ �(a:�tl N �ie � .�. � �'���: {�yS,� � •' IfIS�15 rl �6i€ r �,3 S`� 8 ws5_ � 1. SS 'l`- L � �3; �{�1 � °B �� s3`�•1 sii ,�Jm' i g i r i �l Fi_f3 !3:Y3Si.l:li3:E :r [ t74 �'�°�z: �'_ � � rs=s:� sir9;3�i�::F��r43L• 99.4 '!7'�;o�'•s � IF 45 kA r, ;., ',7: _ - �• _ rsrivFiriir> la.e it - ii r,' ® i I rd .IIII l�Fi t� t i•L_rii � tiE� @3 0 G' D r .an"nrrr - a 8 �e c .;<� .1:. • r 1 IpI,m I r Svv33'J F' f g �r'•�iF_.g��i 1E 1 Page 30 Page 240 Item#11. PARKING RROWED SPACES-.29 1R FM11LY!•A2IKIRO APAKI1 r9 -LOVTRFp SPAC[5-sip -Ceti I UNN PROC4151A iIm? REG M Swcs Ai STNYIIARLI C ENCSAS --� 9x 1BRx15•Br 9M°I DtI MAC" mEE*IMc tooE a,E.aur�ELleNis OPEN SPACE AND PA[tIQNC _...GUAkIF1EF}+iDe —__— _ -i 10R.a•x+ uNCO>rLACD tea,(•{S-71R FOP 3OPPSTRM PM1PKWC PLR EXHIBIT FOR PnNiv1G'ak C4JlNDu3P=6 FO -Qr RRGFFIOW4 P•+RKiMD -91 N.CROFT SUT3DR'[5[DY ` • - -- —- T _ r -MCAP sPAces.s.,:SPACES 9PALES.�ILE iDf� FIW EO wTAL RURM A+r OWSTREE F LI.T1UlTi 1HE.SE ARE NOT*RFRdFD TO BP WRKSD OM W PUGUO STREFRAUT OfLLY AS AN ILLUIDTAAFOM OF e•��•'L..,"�•. , _ � �,t P&MOW I-E FARKIND NkI OF 3 . ..a? 2..' �. . y .k.: -. ..•,R, - WIMMY6 WMER *.T � .p �` FILE"•-,;'-•Y� Uu LI Fim UDC . 1, .f _ � _ "_...".:.._. ., T,.G' tom•.,, 113G�.81a.7.339eF a LIdIEo uoc F 1t d]0E :u _I l :nnx: =i LPG r -3G301.8.S,SSSlFa aUALFFEO UOC 11-30-3 0 1 a '1 r .,,,. OPEN SPACE.NO DRAI MAGF 5Qx 10 MIN •.. .. ,� 1 q -�� fr a ,a ., ... .• 1 — 1,17 ACRES • '`l � � - .'„"...... ' auALIWeDUDc,,-3(3-3e,.v I U � -w:` �•��.. PATHWAYS WITH LANDSCAPE g��q�, 31 5m SF w c 0.73 ACRES 0 _ L7LIALFIED UDC 71aG.1'B.3. nth r4 ' COLLECTOR SUFFERS 45A59 sF I.?ACRES ...abw .....� � yC� •,tom `: rr1-,�^Isi �i+lr r -. /� OLALFIED UDC 11-3G3.8.4- ONE HALF ARTERIAL SUFFERS 2.503sf )05 ACRES QUALIFIED UDC 113E-3.8.7 FF QUA L IED UDC NATURAL WATERWAY 11-3G-3 Qifr.11,732 sf ... 119,722sf • 2.75 ACRES 1 y Page 31 Page 241 Item#11. D. Landscape Plans(date:1 "'z n- '�0 February 25,2021) � s r#a$ r�1 i !� I w I A 1 01 � I f 7 A a T•' i � I � i y � � U CL LL � n a 01 Page 32 Page 242 Item#11. eJ I:ms I 01 {` - �. ':i as �.. �, r• J W gad . Lj— F Page 33 Page 243 Item#11. 41, �R � � � 1 �• _ I I�I N.Z�A A 4L +Y1�:-3 � `l •'7 f+'� ��~ � �� F Wl Ate" � L !•'AK'YI tiiL "^" I_� I� �• !'• 1+ 6 OMi xs l> h •. S2R ��J '6e a ��v C� •i t�''� ,I{ 3 c. { Ili r II � • PRE_IPIKAR- FLAT I AM75CA-= FLAN J�� £ t.A)WyEngineerfng.fee. I i dul��x�lNalws�l�ele:noo TRIL-OC—" -DEVE_OPVE:NT. INC. Page 34 Page 244 Item#11. --.144 4 0-7" ail s ' i ;i e:'. 11�' �• fir+' r' . yN. Rx,uv.0 7�[t :It9F�:TEi6'=':`' wi F RIRLL N NARY Pr1T -ANDSCAsL PLAN " ��`�/�} F-a X G F7 p W-T S u Ea p I IV S I^IV sV `--iieY Elt lneering,Inc. Page 35 Page 245 Item#11. I Tr 75 ilm nJ � I I12 I � VA r s� 1 Y� Vr �'• PRE-IN hAk" III .AT I AN-DSCA=- FLAN F~ -d IFey Englnewing InC. r„�7^ FG]X G J-R o F�— !�U Q 17 f r/I S I C7 1� '. = �n�EMa„Ema.aivuwwoiCnno 'i• 7�ILOC'' jEV�_�Pv=RT, fly-:_ ... ..._..._ f�1�1 Page 35 - Page 246 Item#11. piAl, 11 4 i� N g i r III IS u -1 if P wr'e- W Na� )xi Tit mv iErEi PREL \4NARY MLA T I A N 1)SC A Pr: ILL A 'Xalley Engineering,Im >C C�R CD F T �—1 F=?47 I Page 37 Item#11. E. Pathways and Pedestrian Circulation Exhibit INN Iql v � O s8 0 I I j A U I i o E I time . ' 1-ATHVYAYS r-><MIBI"1'".vm FO 7f C FC C7 FT S U g E I V I S I d N qn uwrmw�l4�Nwo1C�u0 TRILOGY DEVELOPMENT. INC - - Page 38 Page 248 loll [10 Fl I•' �'" tntii AIN .f I MAN, i g- L-• '1 f fpp�lL��:eolCmp[�m 0p1gm©© �4�pc� '.. ^^. tfLG�c�G' C39 FydC]Ccl "]dm C14©'1Lp-^-'��• C � ppCmmIG�4^::114d'.1CJ tlIC-"]pGpC]p©+�mpp QCp]CI�T t�i � k'. �' /':' r+r+p�[� CTC�T]C]�f•— �mQR"J©P�QJ 1 E714oc7C C� p+pm��y6ldIGip� '��• Icalpr�o e�cn orb-�cf�� O 46 Uhl HHH-P-'N�P1 �K;RkqpFm � s ��[nQ]r'1© pl3Cdlm� ��©�LSZIGJ �"•'.: _� �mpLaPm]�'i!6©"J Cp'J C©��p�WCp C]CN��Cd I Item#11. G. Conceptual Redevelopment Plan for lots containing existing homes to remain in the"SW Block" g YI Fa}{CROFT SUBDIVISION r _ 1 REDEVELOPMENT PLAN - _r- FOR LOTS 2 AND 6 ~� BLOCK 4 5W 1 17.041 , 1 a,518 SCALE 1"=60` 4 .535af �. s 14.777 1: 3 10.304 9-24.562 � 1` `,l. a�• 127' 4 �` ,■ �� �' 52 ti SW BLOCK ¢ a. 4 23 '1 1❑ a 11 @ Page 40 Page 250 C L i AL mIle, LC. f tjw 5 t = 40 -,41P f IM yea _ A' �owl �t Item#11. :ZrD m 0 ■■ ■i - '■ 101 Page 44 Page 254 Item#11. J Al �r FI . '� Page 45 Page 255 Item#11. �Waier Markup for Areas of Possible Water Main Elimination (DELETE-) jj y�WH Q hE44E47 tef Im�7 _'� �'•!r- �551�1+. =�_ }�� - � 3ca.=-= ��- - - IZZ We31Ef IOOa IS ntCdt-d fill sectkon M wrier rj - - _ - - nliUn can Ile eirmonated '. to iwtef I:wru"40n F= SSMH 6_ .� Is this eater rualn 'T i'f. • ' -- 4CLJEHQUSEf �- - =_ - OF FILE 5541H D4 ._� �_ =- j� ,. l; _�' •_ -F= = ssHE BLOCK 1 _, - L I r Page 45 Page 256 Item#11. J. Ten Mile Stub Drain cross-section 3RD FLOOR BALCONY IS 4'ABOVE 2ND FLOOR 4F EXISTING HOME n c a 77��fpp�R .01 3 Y 02590A0 ElEV 7RP4.43 SECOhIa=LMR ELEY=,7SA 7]3 ROOF PPNC Ll y N p ROOF PERK 2610 ola —la 2610 2600 n F� 4 2600 2590 I 2590 2nd Poor 2580 — 2nd n=r --r 1 - - — 2580 a 1st 20' I 25 -3 noor 2570 '— ----�' 2,7n 256❑ wol 2560 E3"- MA4zl IIP.-?M2-SH TL 00 R•�4I 2550 ,v AlPsur[[PATH 2550 4' RAVEL 2540 2540 2+00 2+50 3+00 3+50 ++Do 4+50 5+00 Ten Mile Stub Drain PROFILE V1I1. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION l. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,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 Planting Division prior to commencement of the DA.The DA shall he 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. Future development of this site shall be generally consistent with the approved plat,site plan,landscape plan,open space exhibit,conceptual building elevations,conceptual Fedevelo,,ment plan,pathway and pedestrian circulation exhibit,and the proposed phasing plan included in Section VII and the provisions contained herein. b. The i 0-foot multi-use pathway segments surrounding the development and the reaui trian bridge ter 1~idler Park shall be constructed with Phase each phase of the development as seen on the phasing plan. c. With the first phase of development,the Applicant shall construct the extension of W. Pine Avenue,the vehicle bridge over Ten Mile Creek,and the Pine Mile wntef: eetieiis ki ftee6 Fd With all other ACHD requirements aM in line with the signed"Dedication and Development Agreement,"as seen in exhibit V11I.L, and the ACHD conditions of approval. - — - - Page 47 - Page 257 Item#11. d. No building permits shall be submitted until the final plat for the associated phase is recorded. e. The required landscape street buffers shall be constructed and vegetated(along N. Ten Mile and W. Pine Avenue)with the first phase of development. fi 4:14e fflult faznly develepment shall be eanstr-ueted with no mare than 194 units With bUi-Idings on Lots 4, 5, 6, and❑,NE Block 1 (as shown onthe g. With future sale of single-family homes on Lots 20-32, NW Block 1, the Applicant shall inc1E►de the multi-family site plan and renderings in the sales and advertising information for these homes. I It 3. The preliminary plat included in Section VII.B,dated Ns ember ' ' 'n2"February 24.2021 is approved as shown. shall be revised as "Iews at least�nst10) days p6of to!he City side.a. Revise the proposed alley beiweefi SW Block 2 and SW Bloek.:33 io be a minor urban laeal st+eet eensti-iieIed a!a Fninimum of 24 feet wide with utifb and gutter-,tie sidewalks,and no paikifig an e4her- meet the minimum let s the u 8 zoning disc let of 4.000 square feet. e. Reduee applicable building lots in the single family areas of the site to aeronifflodate at least 5 feet of latidseapitig and trees alonge the fnul! tise pathA� segments, (LON, 12 1❑ NIX Block 1• Lots 16 2.1 SW Block t- Lots 25 29 29 & 34 SW Block 11 rc--z-T-r�--r�--urv.-n--r-co-r�-i .. , � �- , , , 4: The landscape plan included in Section VII.D,dated November 7 1 2020 February 25,2021, is approved as shown. shall be.. ed as fellowsprior-to submittal of the Final 01,+ a Revise the laniseape plans to add a 5 foot wide landseape bktfl�r along both sides 0 meerd with U DG 11 3B 12 b. Show a! least 4 fee!of landscaping on the east side of the pathway segnient on th .,• f the Ten 11�rrmie Creek •,s-wnd landscape-in--aceor d with U DC 11_3 B 12 T ats 1'1 19, NW I71eek 1 L 5_ The Applicant shall apply for Alternative Compliance with!he first each Final Plat submittal to propose an adequate alternative for all of the required pathway landscape requirements, in accord with UDC 11-5B-5. Applican! shall construe!a miere paili into!he Mosher Subdivision and tie inio their existin Sub DFain a!ang th e not4hern prop"boundat-j,with the fir-s!phase a 9 development. Page 48 Page 258 Item#11. 7- Future development shall be consistent with the minimum dimensional standards listed in UDC Table 1 1-2A-6,UDC Table 1 1-2A-7, and those listed in the specific use standards for multi-family development, UDC l l-4-3-2T 8. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family and multi-family dwellings based on the number of bedrooms per unit, 9, The Applicant shall comply with all ACHD conditions of approval. 10, The Applicant shall obtain Administrative Design Review approval entire multi-family development with the submittal of the Certificate of Zoning Compliance for the entire site and for the attached single-family dwellings. 11. The Applicant shall obtain Certificate of Zoning Compliance approval for the entire multi- family development prior to building permit submittal and show an additional amenity within the multi-family portion of the project that is child focused,per the Planning and Zoning Commission requirement. dwel,linges b iii Wings at least ten (4 0)days prior-to the Gi ty Geui+ei 1 hearing. 13. Comply with the outdoor service and equipment area standards as set forth in UDC I I-3A- 12. 14. Provide a pressurized irrigation system consistent with the standards as set forth in UDC I I- 3A-15, UDC 1I-313-6 and MCC 9-1-28. 15. Upon completion of the landscape installation,a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-313-14. 16. The conditional use approval shall become null and void unless otherwise approved by the City if the applicant fails to 1}commence the use, satisfy the requirements,acquire building permits and commence construction within two years as set forth in UDC 11-513-6F.1; or 21 obtain approval of a time extension as set forth in UDC 1 1-5B-6F.4. 17. The preliminary plat approval shall become nu I and void if the applicant fails to either: I} obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2}obtain approval of a time extension as set forth in UDC 1 I-6B-7. 18. The Applicant shall adhere to and maintain all standards as set forth in the Multi-family Development specific use standards. UDC i 1-4-3-27. 19. Prior to building permit submittal for any stricture in each phase,the Applicant shall record the associated final plat for that phase. 20, The Applicant shall record a maintenance agreement for the multi-family development that states the maintenance and the ownership responsibilities for the management of the development, including,but not limited to,structures, parking,common areas,and other development features, in accord with UDC H-4-3-27. 2 1- Prior to issuance of Certificate of Occupancy on any building,the applicant shall submit public access easements for all of the multi-use pathways within the development to the Planning Division f'or approval by City Council and subsequent recordation. 22. Future redevelopment of existing homes (Lots 2 & 7, SW Block 4)shalI be general consistent with the submitted Conceptual Redevelopment Plan as seen in Exhibit VII,G. - Page 49 Page 259 Item#11. B. PUBLIC WORKS 1. Site Specific Conditions of Approval E)VeF 4he Mai!!!ifle. This eamidi tion eam also be satisfiedwith a 14 feet wide paved Suffoee.Tile pathiA,ay shown ovef the e along the north propeflies is stA�mect to this =eE�Hif2H�e�FI;as we! as nnafllholes SSN4H n 2 ¢e0414 n ., a SSMH n c_ 1.2 P1 ease reclesign the san i tapy sewer-rouii ng to eliminate the sewer main 1 ine passing throu a!1 awed with i n eamm on dFi VeSj OR 15,sewer sery iees (Fefflifld eF that a Fnami mum e F thfee A lowed imo a manhole,w ith a minimum 3 0 degfees of angle separatiefi)-. 1.3 All sanitary sewer and water easement areas must remain free of any permanent Structures, trees,brush, or perennial shrubs or flowers within the area described for the easement. 1.4 Sanitary sewer and water service lines cannot run under carports. 1.5 Minimum distance between service lines must be maintained, 6-feet between potable/non- potable service lines. 5-feet between each sewer stub off the mainline. L6 Any sewer service lines greater than 100-feet will need cleanouts that are accessible for cleaning; contact plumbing official for specific details. with "to and throtigh" fequir-emenis. This new mainline shall conneet to existing a! the , es!and east ends. 1.8 The waier mai n in N d White Leaf Way near SSNI 14 GY5 needs io eonneEt W!he pfopOsed 1.9 The waiar main in'A'. StogaF Pine CA. that eurreFAly dead ends needs ie conneet to the proposed water-maifi to the east(:N4i!e High Pines Sub)iii N. Side Cr-eek 6afie. Gurr-ewly d1i dead end do es fie!meet fire fl em,press]W-R r-Pkq1 I i r �fAs, 1,10 Th er-e are a fiew wateF ma;Fis iii the multi fami ly area that may have an opp af�aiiity to be eliminated. See Exhibit Seeiion Vil (L) Water MaHiti. 'Possible Water Main ❑1: a6 1,1 1 A Floodplain Development Permit and updated hydrology and hydraulic model are required for the W,Pine Ave bridge and pathways. L 12 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A future installation agreement is required for the streetlights on Pine Avenue and Ten Mile Road. Contact the Meridian Transportation and Utility Coordinator for additional information. 1.13 The geotechnical report submitted with this application (prepared by SITE Consulting, LLC, dated November 16, 2020)indicates that they had begun the geotechnical exploration and recommendation report. This initial investigative report does not contain the final determinations. Applicant shall be required to submit the completed geotechnical report/recommendations prior to this application proceeding to the Meridian City Council for consideration. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains,and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away - Page 50 — — — Page 260 Item#11. from all residences. Foundation drains are not allowed to drain into the sanitary sewer system, nor the trench backfill for the sewer and/or water service lines. 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 8-6-5. 2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public Tight of way(include all water services and hydrants). The easement widths shall be 24-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 1 I"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. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services.Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. - Page 51 Page 261 Item#11. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 1 10%will be required for all uncompleted fencing, landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to Occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC l l-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review,and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC l 1-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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 AutoCAD 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. These standards can be found at http://www.meridiancity.org/public_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 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. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure - Page 52 - Page 262 Item#11. 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. C. FIRE DEPARTMENT https:llweblit2k.meridiancio,.orglWebLinklDoeViei4 aspx?id=218795&dbid=O&repo=MeridianC itv D. POLICE DEPARTMENT h ttps:lha-eblink.tneridiancihy.o►glWebLinklDocVie"�.aspx?id=218971&dbid=O&repo=MeridianC LE E. PARK'S DEPARTMENT https:llweblii2k.nieridia►iciU.orglWebLink/DoeView.asp_r?id 222554c&dbid=0&repo=MeridianC itv F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWFST IDAHO(COMPASS) htWs:Ilweblink.n2eridiancity.orglWebLinkJDoc View.a.spx?id 219143&dbid=0&repo=MeridianC iiv G. NAMPA MERIDIAN IRRIGATION DISTRICT(NMID) https:llwehlink n2e►-idialicity.otglWebLinklDocVieil,.asps?id=220017&dbid=0&repo=MeridianC i 1v H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) htWs:llweblink.tnericlicrnciU.otglWebLit2k/DocView.aspx?id=218921&dbid=O&repo=MeridianC 1. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llxleblink-.incridianciiy.otXlWebLinkIDoeView.aspx?id=218258&dbid=O&repo=MeridianC iry J. WEST ADA SCHOOL DISTRICT(WAND) htWs:11web1ink.nieridiancity.mtglWebLinklDocView.aspx?id=221010&dbid=0&repo=MeridianC IC. ADA COUNTY DEVELOPMENT SERVICES htWs:11Web1ink.ineridianciU.otglWebLinklDoc View.aspx?id=218397&dbid=0&repo=MeridianC Page 53 Page 263 Item#11. L. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:11wehlin1c.Ilac ridiciraciti.olglWebLiirklDoe lrievv.a sn_a:?id--219777&dbid=0&repo=Me ridiaiaC to M. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https:llweblink.ineriilianciU.oi glWebLinklDoc View.aspx?id=22101 S&dhiil=Q&repo=MeridianC t N. PUBLIC WORKS MEMO—RESPONSE TO PRELIM CIVIL PLAINS htlps:llweblink.r?ieridial7cihp.orglWebLiiiklDocView.aspr?id=220311&dbid 0&repo=MeridianC itv D. DEDICATION AND DEVELOPMENT AGREEMENT—VTPER AND BARON heWs:l/weblink.naeridirinci_ �oiglWebLinkIDocl'iew.aspx?id=222672&dbid=0&I•cpo=MeridianC itl' IX. FINDINGS A, Annexation and/or Rezone (UDC I 1-5B-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; Council finds the proposed zoning map amendment to annex the property into the Cio,of Meridian with the R-8 zoning district and subsequent development is consistent with the Comprehensive Plata, if'all conditions oj'approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and request for different types of residential dwelling types will contribute to the range of housing opportunities available within the Citv and within this area. Stafffinds the proposed development is generaliv consistent with the purpose statement of the residential districts included as part of the application. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and Councilfinds the proposed zoning snap amendment will not result in an adverse impact on the delivery of services by anv political subdivision providing public services within the City, {. The annexation(as applicable)is in the best interest of city. - Page 54 — Page 264 Item#11. Because of the proposed addition o f di f fering divelling types and the construction n f a needed public road extension, Council finds the annexation is in the best interest of the Cint B. Preliminary Plat Findings: 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; Council finds that the proposed plat, with Staffs recominendations, is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of'this report fbr more it formation.) Z. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will he provided to the subject property with developinew. (See Section Vf1l o f'tlie Staff Report for more details,front public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because Cit'v stater and sewer and any,other utilities will be provided by the development at their own cost, Council,finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is puhlic financial capability of.supporting services,for the proposed development based tepon conirrients from t{republic service providers(i.e.. Police,Fire,ACHD, etc j. (See Section VlI jor more igformation j 5. The development will not be detrimental to the public health,safety or general welfare; and, Council is not aware of anv health, safett�, a?- environmental problems associated with the platting oj'this property.ACHD considers road.safety issues in their anali si.s and has approved the subject roads and road improvements. b. The development preserves significant natural,scenic or historic features. Council finds that with preserving the Tenmile Creek, the development meets this finding. C. Conditional Use Permit Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. Council finds that the subniiued site plan and prelimina)1,plat appear to meet all dimensional and development regulations in the R-15 zoning district in which it resides. Page 55 Page 265 Item#11. 2. That the proposed use will be harmnnious with the Meridian comprehensive plan and in accord with the requirements of this title. Council finds the proposed use of multi-family residential, with 5taff"s recommended revisions, is harmonious with the comprehensive plait designation of'Mediunr Density, Residential and the requirements of•this title ivhen included in the overall project analysis. 3. That the design,construction,operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. Despite the proposed use being dr#erent than the residential testis closest to the subject site, Council finds the design, construction, acid proposed operation and maintenance ivill be compatible with other uses in the general neighborhood and should not adversely change the essential character of'the saine area, so long as the Applicant complies with 5taff's recommended revisions. 4. That the proposed use,if it complies with all conditions of the approval imposed,will not adversely affect other property, in the vicinity. Council finds the proposed use, if'it complies with all conditions of'approval imposed. ivill not adversely affect other property in the vicinity. 5. That the proposed use will be served adequately by essential public facilities and services such as highways,streets,schools,parks,police and fire protection, drainage structures, refuse disposal,water,and sewer. Council finds the proposed use will he served adequately Iry essential public_/acilities and services as all services are readily available, the nearky arterial street is widened to its_fidl width, and the Applicant is required to construct a new public road extension to accommodate additional tr crffic flotit. G. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. All public facilities and services are readily available,for the subject site so Council•finds that the proposed use will not he detrimental to the economic we�fare of the communiti,or create excessive additional costs fbr public facilities and services. 7. That the proposed use will not involve activities or processes, materials,equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic,noise,smoke,fumes,glare or odors. Although trrI fle is sure to increase in the vicinity with the proposed use, all major roadways adjacent to the site are already at their fisll width and the Applicant is required to extend Pine .4venue as a collector street adjacent to their site. Therefore, Council finds the proposed use will not be detrimental to an�v persons.properly, or the general welfare. - Page 56 Page 266 Item#11. 8. That the proposed use will not result in the destruction,loss or damage of a natural, scenic or historic feature considered to be of major importance.(Ord. 05-1170,8-30- 2005,eff. 9-15-2005) With the preservation gl'the Tenmile Creek(a ►ratured watervvav), Councit finds the proposed use should not rescth in damage of ativ such features. Page 57 Page 267