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Ambles Run Subdivision H-2020-0124 DA (2021-155052) ADA COUNTY RECORDER Phil McGrane 2021-155052 BOISEIDAHO Pgs=38 NIKOLA OLSON 10/27/2021 09:21 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 1 Maureen Miller, Owmer 1 Richard Price, Owner 4, Michael Miller,floorreFound Group,Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 26th day of October 2021, by and between Citv of Meridian, a municipal coo-poratio of the tate of Idaho,, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian,Idaho 83642 and Maureen Miller,whose address is 1308 N. 12"'Street,Boise,ID 83702, and Richard Price whose address is 117'87 Ardyce Street, Boise, ID 83713, hereinafter called OWNERS and Michael Miller, HorneFound Group,whose 1308 M 12,h Street, Boise, ID 83702 hereinafter called DEVELOPER. 1. RECITALS: Ll WHEREASS,Owmiers are the sole owners,in law and/or equity,of certain tract of huid in the Couirty of Ada,State of Idaho,described in Exhibit"A"",which is attached hereto and by this reference incorporated herein a,s if set fiorth in full, herein after referred to as the property; and 1.2 WHEREAS.Idaho Code §67-6511 A provides that cities may,by ordinance, require or pennit as a condition of zoning that die Owner and/or Developer make a written conir art ment concerning the use or development of the sultect 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 autborizes development agreements upon the annexation and/or re-zoning of land; and 1 A WHEREAS, Owners and,/or Developer have submitted an application for ajinexation and zoning of 2.88 acres of land to the R-2 (Low Density Residential) zoning district on the property listed in Exhibit, "A", under the Unified Development Code, which generally describes h(,-ww the Property will be developed and what improvements will be made; and 1.5 VVTIEREAS, Owners and/or Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City DEVELOPMENT AGREEMENT—AMBLr�s RIJN SUBDIVISION(1-1-2020-0124) PAGE, I OF 8 Item#8. Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment;and 1.7 WHEREAS, on the 4'd day of May, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order C"Findings"}, which have been incorporated into this Agreement and attached as Exhibit"B";and 1.8 WHEREAS,the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owners and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan ofthe City of Meridian on. December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein,the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms,and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELdPMENT AGREEMENT—AMBLES RUN SUBDivisioN(H 2D2a-0 1 24) PAGE 2 OF 8 Page 127 Item#8. 3.2 OWNERS: means and refers to Maureen Miller whose address is 1308 N. 121h Street, Boise, ID 83702 and Richard Price whose address is 11787 W. Ardyce Street,Boise,ID 83713, hereinafter called OWNERS,the parties that own said Property and shall include any subsequent owner(s)of the Property. 3.3 DEVELOPER: means and refers to Michael Miller,HomeFound Group, whose address is 1308 N. 12'h Street, Boise, ID 83702, the party that is developing said Property and shall include any subsequent developer(s)ofthe 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 annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or 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, landscape plan and conceptual building elevations included in Section VII of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B" and the provisions contained herein. 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 ❑ESIGNATION: 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 and/or Developer's default of this Agreement,Owners and/or Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to DEVELOPMENT AGREEMENT—AMBLES RUN SUBDIVISION(H-2020-0124) PAGE 3 OF 8 Page 128 Item#8. 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 and/or Developer that is not cured after notice as described in Section 7.2,Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws,ordinances and rules,including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owners and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions,and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all ofthe Exhibits,and submit proof of such recording to Ownesr and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. DEVELOPMENT AGREEMENT--AMBLES RUN SUBDIVISION(H-2020-0124) PAGE 4 OF 8 Page 129 Item#8. 10. ZONING: City shall,following recordation ofthe duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. H. 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 and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owners and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: 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: Maureen Miller Michael Miller, HomeFound Group 1308 N. 121' Street 1308 N. 12t' Street Boise, ID 83702 Boise, ID 83702 Richard Price 11787 Ardyce Street Boise, ID 83713 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 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 reliefas 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 DEVELOPMENT AGREEMENT-AMBLES RUN SUBDIVISION(H-2020-0124) PAGE 5 OF 8 Page 130 Item#8. the failure to timely perform any of the obligations hereunder shall constitute a breach ofand a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owners and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owners and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owners and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and 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 annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT-AMBLES RuN SUBDlVLSION(H-2020-0124) PAGE 6 OF 8 Page 131 [end of text; signatures,acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: HomeFound Group Maureen Miller By: Micha ' er Its: n�� Richard Price CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 10-26-2021 Chris Johnson, City Clerk 10-26-2021 STATE OF IDAHO } ss: County of Ada ) On this LZt' day of 6 CA- , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Maureen Miller known or identified to me to be person who signed above and acknowledged tome that she executed the same. IN WITNESS WHET gOF, E have hereunto set my hand and affixed my official seal the day and year in this .■ ....�� certificate first above w;y11'4.1D W. •. (SEAL) ■'••�y P& % r : Cl• 9 Notary Public for ; ' Residing at: � t�: t My Commission Expires: 12 6 L NO •tip I .• DEVELOPMENT AGREE ��I■w SUBMIS[ON(H-2020-0124) PAGE 7 OF$ '••.......... STATE OF IDAHO } ss. County of Ada ) On this -Z-`� day of fly c 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Richard Prt known or identified to me to be 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. Lucero Cortez 69763 fublic for NOTARY PUBLIC Residing at: .L� tiW STATE OF IDAHO My Commission Expires: C)4.It 7 L3 STATE OF IDAHO } ss: County of Ada ten) On this ZSday of i T L , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Michael Mil r known or identified to me to be the of HomeFound Group,and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SMIR Lucero Cortez 69763 o Public for wlc NOTARY PUBLIC Residing at: 4.rtt��C+��n STATE OF IDAHO My Commission Expires: �1 i I L3 STATE OF IDAHO ) ss County of Ada ) On this 26 day of October ,202[,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—AMBLES RUN SuBDivisioN{H-2020-0124} PAGE 8 OF 8 Item#8. Exhibit A Annexation and Zoning Legal Descriptions and Exhibit Maps 21 TEALEY'S LAND 12594 W.Explorer Drive, suite 150•Boise, Idaho 83713 SURVEYING (208)385-0636 13 - 111 1; Fax(2001 385-0696 Project No:4743 Date:December 22,2020 ANNEXATION DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of Dunwoody Subdivision,as filed for record in the office of Ada County Recorder, Boise,Idaho, in Book 58 at Page 5482,as shown on record of survey No 7837,as filed for record in the office of Ada County Recorder,Boise,Idaho under instrument No. 107033607,lying in the NW 114 of Section 29,TAN.. R.1 E.. B.M.,Ada County.Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum Cap;from which the Northwest comer of said Section 29,marked by a brass cap,bears North 00'0V36"West 265 5,61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No.2 Subdivision North 89'35'30"East 664.68 feet to the Southwest Corner of said Lot 26,marked by a 50'iron pin,said point marking the POINT OF BEGINNING,thence along the West boundary line of said Lot 26 North 00'03'17"West 331.00 feet to the Northwest corner of said Lot 26,marked by a 519"iron pin;thence along the North boundary of said Lot 26 North 89'35'30"East 379,11 feet to a 6/8"iron pin;thence leaving said North boundary South 00'04'37"East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26;thence along said South boundary South 89'35'30"West 379 24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres,more or less. 5 - Ur7 o a t Ambles Run Subdivision H 2O20-0124 Page 134 Item#8. v s 4 Ogya Ul SfOR EAST DUNWOODY COURT h j w M m ——r usatiti+a ��I ----ft f - orl ---- - - � p .. II II ] I 0 0 - mco �' L !, o 1- > j�2 N1dOH:)'N Ln U U b ' a k a N 0 I 0 m Q _--__---_ II 00-03-17. X O � 4 m `W'' 1 m M 2 aw a o xa as � o ) U M z N 4 g P N �� NORTH LOCUST GROVE ROAD �' S C0 N 00-01'36" M BASIS OF BEARING m Ambles Run Subdivision H 2O20-0124 Page 135 EXHIBIT B Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�((IEN DIAl`T:-~' AND DECISION&ORDER In the Matter of the Request for Annexation& Zoning of 2.88 acres of land with an R-2 zoning district and a preliminary plat consisting of 6 single-family residential lots,by HomeFound Group. Case No(s).H-2020-0124 For the City Council Hearing Date of: March 23, 2021 & April 20,2021 (Findings on May 4, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of March 23, 2021,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of March 23, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of March 23, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of March 23,2021, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 23,2021,incorporated by reference. The conditions are concluded to be FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) - 1 - Page 136 Item#8. 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 and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of March 23,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. 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. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -2- Page 137 Item#8. City Code Title I I(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. 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 date of March 23, 2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -3- Page 138 By action of the City Council at its regular meeting held on the 4th day of May 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 5-4-2021 Attest: Chris Johnson 5-4-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 5-4-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Ambles Run Subdivision—FILE#H-2020-0124) -4- Page 193 Item#8. STAFF REPORT C> W IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 3/23/2021 Legend DATE: 0 .Project Location TO: Mayor&City Council ICEP FROM: Joe Dodson,Associate Planner a 208-884-5533 _ 6 SUBJECT: H-2020-0124 Ambles Run Subdivision �®3I� 9� v• �; P ' LOCATION: The site is located on Lot 26, Block 1 of the county Dunwoody Subdivision, a approximately'/4 mile east of N. Locust a • Grove Road and a'/z mile south ofONE- Chinden Boulevard, in the SW '/4 of the �® NW'/4 of Section 29,Township 4N., Range 1 E. I. PROJECT DESCRIPTION Annexation&Zoning of 2.88 acres of land with an R-2 zoning district and a preliminary plat consisting of 6 single-family residential lots, by HomeFound Group. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 2.88 Future Land Use Designation Low Density Residential(0-3 du/ac) Existing Land Use(s) Vacant land Proposed Land Use(s) Detached Single-family Residential Lots(#and type;bldg./common) 6 residential building lots Phasing Plan(#of phases) Proposed as one phase Number of Residential Units(type 6 single-family units of units) Density(gross&net) Gross—2.08 du/ac.;Net—2.49 du/ac. Open Space(acres,total N/A—property is not at least 5 acres in size [%]/buffer/qualified) Amenities N/A—property is not at least 5 acres in size Neighborhood meeting date;#of November 9,2020— 10 attendees; attendees: History(previous approvals) No history with the City Page 1 Page 140 Item#8. B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Commission No Action es/no Access(Arterial/Collectors/State Access is proposed via Chopin Avenue,an existing local Hwy/Local)(Existing and street stubbed to the southern boundary of the subject Proposed) property. Stub Street/Interconnectivity/Cross Applicant is proposing to continue Chopin Ave.through the Access project in its current alignment and stub it to their northern boundary,terminating in a cul-de-sac. Existing Road Network No Existing Arterial Sidewalks/ N/A Buffers Proposed Road Improvements No road improvements are proposed or required other than extending Chopin Ave.into the site. Distance to nearest City Park(+ 1.2 miles to Charles F.McDevitt Youth Sports Complex size (City of Boise Fire Service • Distance to Fire Station 1.5 miles from Fire Station#3 • Fire Response Time This project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#3 reliability is 78%(below the goal of 80%) • Risk Identification Risk Factor 1 —Residential • Accessibility Proposed project meets all required access,road widths,and turnarounds;proposed landscape planter within cul-de-sac is not allowed and should be removed. Police Service • Concerns None Wastewater • Distance to Sewer Services N/A • Sewer Shed North Slough Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.06 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Flow is committed •Since parcel to the north is not a phase of this project the sewer line needs to end at a manhole at the northern boundary. Water • Distance to Services 0' • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Water Yes Master Plan • Impacts/Concerns I None Page 2 Page 141 1 1 1 CHINDEN �— CHINDEN —.m IM �I . p nnnu■grnl� 111111■'1�IIti�� ■- - ... ^��I1111111 rrRO �� ,O - • 1 �� ■■�� _�`_' gip: '* `�� _- `i all unn mm�na u■ non ��� ©1!■ ■- 'rune:�� � , r014 ■d ■■■■ ��iron■■ ■■■:Q• ■1■1id■�, s 1 Y .ft 1 "�, i .sr M _-■u 1 ■■ ■:■: :is■■■■:■� �v n1l oon■ r�nnmu inn un■■nc i R '�* m i nni ■� �n_nu■■ unnnm � _ n \■n■f �rl ■■■ nni■. ■. , a , s MEN un �� I� - �: mou:: ■ ■pert 1.1111m CHIND`N EN i�■ �� .gill. r _ .■.nni■�� r■SEEN ■■1�0 a ml uul nnunmi: iy��,'F99,r�■■■ :■■ III■711�I f�■���� �7_nnu nlruV 11111■171■ �� �' -monsoon. 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NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 1/29/2021 3/5/2021 Radius notification mailed to properties within 500 feet 1/26/2021 3/2/2021 Site Posting 1/27/2021 3/8/2021 Nextdoor posting 1/26/2021 3/4/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.org/compplan) Low-Density Residential—This designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources,recognize view sheds and open spaces,and maintain or improve the overall atmosphere of the area. The use of open spaces,parks,trails, and other appropriate means should enhance the character of the area. The subject site is somewhat of an outparcel of an existing county subdivision (Dunwoody Subdivision) that has no access except for the Chopin Avenue stubbed to its southern property boundary. Dunwoody Subdivision has large lots that are approximately an acre or more in size and the proposed subdivision aims to provide a transition from these larger lots sizes towards the existing R-4 lots to the south by proposing six(6) lots that are over 16,000 square feet in size. The subject site is less than 5 acres in size and therefore the requirements to provide open space and amenities do not apply. However, Staff is aware that the three parcels adjacent to the subject site to the west and north are also in discussions with City officials on their redevelopment—if those parcels were to annex and redevelop together with this parcel, this area may be able to provide a more cohesive development. The Applicants of both projects have been in detailed discussions with each other but no agreement could be made. Therefore, this property owner decided to move forward with the proposed 6-lot subdivision. This is unfortunate but the likelihood of this parcel being developed with anything other than the proposed layout is minimal. The proposed density is approximately 2 dwellings per acre which fits within the Low Density Residential future land use designation range of 3 or less per acre.As noted, this density would offer a transitional density from the county subdivision to the existing Vienna Woods Subdivision to the south. Despite the 2.88 acre parcel not being required to provide open space, the Applicant is proposing to provide parkways with street trees along both sides of the Chopin Avenue extension. As currently proposed, the project is proposing approximately 4%open space that would be qualifying open space if any were required. This number is important because if this property was required to provide open space by code, the project would only be required to provide S%open space due to the project only containing buildable lots and each lot being over 16,000 square feet. Providing open space for developments is a critical point within the comprehensive plan to help create a sense of place and add green space for residents to enjoy. Therefore, Staff is recommending the Applicant revise the landscape plans to show 10'wide parkways instead of 8'wide to increase the open space for the project and meet that 5%open space threshold. Providing open space at this level is not required by code but Staff believes it Page 4 Page 143 Item#8. helps the project meet the spirit of the code and allows for even more of an identity for this small subdivision. In addition to the wider parkways, Staff is recommending a revision to the road layout to better comply with the comprehensive plan and help with future development in this area. The Applicant should provide a stub street to their western boundary and preliminary discussions with ACHD have determined this Applicant would be required to construct the full street section. Therefore, the stub street would be constructed as a full 33 foot street section within 47 feet of right-of-way if using attached 5-foot sidewalks. However, to align with what is already being proposed Staff recommends the stub street be constructed with 8-foot parkways and detached sidewalk further analysis is in the Access section (Section V.F). By providing a stub street to the north and to the west, this parcel can set up road connectivity and utility placement for future redevelopment in this area creating a more cohesive design. Furthermore, this recommended change does not create the need to lose any lots or change the request for R-2 zoning as each lot would still meet the R-2 dimensional standards after reducing their lot widths. With Staffs recommended changes, Stafffinds the proposed project and what it brings to the City of Meridian to be generally consistent with the Comprehensive Plan. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a DA as a provision of annexation with the provisions included in Section MI.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https://www.meridiancity.or /ccoompplan): 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). The proposed project offers a density that is directly in the middle of the adjacent estate lots the north and east of the Dunwoody Subdivision and the R-4 lots to the south of Vienna Woods Subdivision. Although the proposed subdivision is only six lots, this subdivision would lay the foundation for the appropriate transitional density in this immediate geographic 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"(3.07.01A). The proposed site design incorporates a transitional density from the existing 1-acre lots of the Dunwoody Subdivision. In addition, the Applicant is proposing to construct a berm with trees and other landscaping along the rears of each building lot to further screen the new and existing homes nearby. Code does not regulate landscaping on private property but Staff encourages the Applicant to include maintenance of these landscaped areas within the future CC&R's of the homeowner's association. Despite such a relatively small site, the Applicant is creating buffers and incorporating street trees within parkways to buffer and screen the proposed homes making them more compatible with what exists to the northeast and to the south. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools,fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site to the south within Chopin Avenue,per Public Works comments. This project also lies within the Fire Department response time goal.An additional 6 homes are expected to generate 4 school age children which can be easily absorbed into the school system, according to the West Ada response letter. Page 5 Page 144 Item#8. Staff finds that the existing and planned development of the immediate area create conditions for adequate levels of service to and for this proposed project. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F).As discussed, the project is below the minimum 5 acre size to require open space. However, the Applicant is proposing parkways with detached sidewalks that will add street trees and help create a sense of place for the development despite not having a large open space lot. Residents here will be within walking distance and easily within car and bicycle distance of a park to the southeast through local streets. In addition, with Staffs recommended changes to increase the width of the parkways to 10 feet, the trees should be healthier and beautify the subdivision even more. "Require all new residential neighborhoods to provide complete streets, consistent with the Transportation and Land Use Integration Plan."(2.02.01 Q. The Applicant is proposing to construct this project with detached sidewalks, street trees within parkway strips, and a road section wide enough to accommodate on-street parking. Staff finds the combination of these elements helps create a form of complete streets and should encourage future development nearby to emulate these features. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project is extending the detached sidewalks from the south to allow easy access to the existing pedestrian facilities within Vienna Woods. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing lot sizes that do not match those directly abutting the site but instead act as a transitional density. This proposed density and probable homes in conjunction with the proposed street trees should complement the design of the existing development nearby. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are no existing structures on site as this site is leftover pasture land. D. Proposed Use Analysis: The proposed use is detached single-family residential on larger estate lots. This use is a permitted use in requested R-2 zoning district per UDC Table 11-2A-2. Due to the relatively small size of the development(six lots),the project is proposed to constructed in one phase but will still have a Homeowner's Association. According to the Applicant's Narrative,the future homes are to be constructed as approximately 2,400 square foot single-level homes with a second story bonus room as an option. The proposed use and style of homes should provide for a development that is cohesive with adjacent development. E. Dimensional Standards(UDC 11-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements. Staff will verify compliance with these standards following Staffs recommended revisions discussed in the next section. Page 6 Page 145 Item#8. F. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via extension of Chopin Avenue, a local street stubbed to the southern boundary. The submitted plans show the extension of Chopin as a 36-foot wide street with 4-foot detached sidewalk outside of 8-foot wide parkways with street trees. The proposed street section does not meet ACHD policy and should be reduced to 33 feet wide. In addition,the sidewalks must be constructed as 5-feet wide to meet ACHD standards. The Applicant is proposing to terminate Chopin Avenue at the north boundary in a cul-de-sac in line with ACHD policy because the road section will be greater than 150 feet in length. The proposed layout is sufficient for the proposed 6-lot subdivision but Staff believes it does not adequately set the stage for future development to its north and west. Therefore, Staff is recommending the Applicant revise the plans to show a stub street to the west as discussed to meet more of the comprehensive plan objectives and policies. There are multiple placements of the stub street that would provide for better future circulation than only providing a stub to the north. However, Stafffinds it appropriate to recommend a location that minimizes the amount of wasted pavement should Chopin Avenue ever get extended further in the future. Staff recommends placing the western stub street along the northern property boundary as a full street section per ACHD requirements. However, the Applicant should work with ACHD on a reduced street section for this stub street to minimize the impact to this property.At a maximum, with 5-foot attached sidewalks and a 33 foot street section, the western lots would be required to be reduced by 47 feet to incorporate the required right-of-way.ACHD has reduced street sections if no on-street parking is desired which would reduce this area even further. With the maximum amount of right-of-way taken, the proposed lots would still exceed the minimum dimensional standards of the requested R-2 zoning district. Despite the recommended stub street being more than 150 feet in length, both Meridian Fire and ACHD have agreed to allow the stub street be constructed without a temporary cul-de-sac at its terminus to minimize the impact to this Applicant. In order to maintain adequate turnaround, Chopin Avenue will still need to end in the cul-de-sac, according to ACHD. The Applicant should still work with ACHD prior to the Council meeting to minimize the impact of this recommended change by Staff. G. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table I1- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist and not within any part of the cul-de-sac at the end of the extended Chopin Avenue. H. Sidewalks(UDC 11-3A-17): 4-foot wide detached sidewalks are proposed along internal streets adjacent to landscape parkways as part of the extended pedestrian circulation of Vienna Woods to the south,in accord with the standards listed in UDC 11-3A-17 and ACHD standards. As discussed previously, the proposed 4-foot wide sidewalks do not meet ACHD standards and should be widened to 5 feet wide. The Applicant is aware of this but has not yet provided updated plans. Regardless, the sidewalks in this development will continue connections through the project from the Vienna Woods Subdivision to the south. These connections will allow future residents easy access to the nearby sports complex to the southeast. Page 7 Page 146 Item#8. I. Landscaping(UDC 11-3B): The only landscaping that is regulated by code within the proposed development is within the proposed parkways along the local street extension(UDC 11-3A-17 and UDC 11-313). The Applicant is proposing 8-foot wide parkways with street trees along the proposed roadway extension into the site. The submitted landscape plan also shows a raised berm with relatively full landscaping along the rear of the building lots. This landscaping on private lots is not regulated by City code and therefore Staff does not recommend adding any provisions regarding this landscaping. The Applicant intends to maintain the berm and landscaped areas through the HOA and subsequent CC&R's that the City does not regulate. Staff believes this is the appropriate way to regulate and maintain the proposed landscaping on the private building lots. Staff is recommending the proposed parkways be widened to 10'to increase the amount of open space for the small development even though there is not a requirement to meet any minimum open space standard.As discussed within the Comprehensive Plan analysis section earlier, increasing the width of the parkways allows the project to provide at least 5%open space which helps meet the intent of the code and comply with the comprehensive plan. In addition, the wider parkway would allow for healthier trees and provide the Applicant the opportunity to use a wider range of trees within the parkways, including larger Class III trees if so desired. Staff recommends constructing the recommended western stub street with 8 foot parkway on its southern side to match what is currently proposed. This parkway should also be landscaped in accord with UDC standards. J. Qualified Open Space and Amenities(UDC 11-3G): The subject site is less than 5 acres in size and therefore code does not require a minimum amount of qualified open space or amenities. See more detailed analysis by Staff in the Comprehensive Plan section and Landscaping section. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and meets UDC standards as proposed. L. Pressurized Irrigation(UDC 11-3A-15): The Applicant is required to provide a pressurized irrigation system for the development in accord with 11-3A-15. Despite the development being only six(6)lots,providing for pressurized irrigation with this project will allow for such irrigation to be continued as the surrounding area redevelops in the future. M. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant did not submit conceptual building elevations other than the one elevation submitted with the Narrative. That elevation is an example of what the expected home builder constructs. Detached single-family homes do not require design review approval prior to building permit submittal and therefore Staff does not review these for compliance with any standards. However,the submitted elevation does depict larger homes commensurate with estate lots and shows varying rooflines with different building and accent materials that come together and show high-quality construction. Page 8 Page 147 Item#8. 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 preliminary plat application per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on February 18,2021.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Michael Miller,Applicant; Robert Phillips,Vienna Woods neighbor; Susan Rammell,neighbor; Monty Moore,Dunwoody neighbor; Dick Price, land owner. b. In opposition: Jeff Wilding,Dunwoody HOA President; Jeff Thompson,Vienna Woods neighbor; Dale Hope, Dunwoody neighbor; C. Commenting: Jeff Wilding,Jeff Thompson,Robert Phillips, Susan Rammell,Dale Hope,Monty Moore,Dick Price d. Written testimony: One 1) -Mr. and Mrs. Rammell discussing a desire to have a stub street to their eastern property line (this project's western boundary). e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Andrea Pogue,Deputy City Attorney; Bill Parsons, Current Planning Supervisor. 2. Key issue(s) public testimony a. Lot in question was never properly split from Dunwoody HOA and does not meet their CC&Rs; b. Proposed project does not comply existing Dunwoody HOA CC&Rs in lot size requirement—is this an issue for the City to be involved in; c. Legality of property split of Lots 25 &26 to create property currently requesting annexation and preliminary plat; d. Potential of working with future development of adjacent properties to the west and north to limit some of the CC&R issues discussed to include some revisions of the layout; 3. Key issue(s)of discussion by Commission: a. What is the City's legal purview in regards to existing CC&R's that conflict with the requested zoning; b. Applicant's willingness and ability to work with adjacent property owners and Dunwoody HOA on a compromise in regards to lot sizes; c. Benefit,if any, of continuing projectversus moving forward to Council 4. Commission change(s)to Staff recommendation: a. Strike conditions related to stubbing a street to the western property line. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on March 23.2021 and April 20,2021. At the public hearing,,the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Michael Miller.Applicant b. In opposition: Jeff Wilding,Dunwoody HOA president; Terri Pickens,Dunwoody HOA Attorney C. Commenting: Jeff Wilding; Terri Pickens; Page 9 Page 148 Item#8. d. Written testimony: 2 items since Commission hearing further clarifying HOA issues e. Staff presenting application: Joseph Dodson, Current Associate Planner £ Other Staff commenting on application: Bill Nary, City Attorney 2. Key issue(s)of public testimony: a. Proposed project does not comply with existing Dunwoodv HOA lot size requirement and other issues with HOA: 3. Key issue(s)of discussion by City Council: a. HOA issue and any City involvement in potential of annexing property that could be in civil lawsuit in the future: b. Future potential of plat if civil lawsuit does ensue. 4. City Council change(s)to Commission recommendation. a. None Page 10 Page 149 Item#8. VII. EXHIBITS A. Annexation and Zoning Legal Descriptions and Exhibit Maps TEALEY'S LAND 12594 W.Explorer Drive, Suite 160•Boise, Idaho 83713 SURVEYING (208)385-0636 a] Fax(208)385-0696 Project No.:4743 Date. December 22, 2020 ANNEXATION DESCRIPTION FOR PROPOSED AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of Dunwoody Subdivision,as filed for record in the office of Ada County Recorder, Boise,Idaho,in Book 58 at Page 5482, as shown on record of survey No.7837,as filed for record in the office of Ada County Recorder, Boise, Idaho under instrument No- 107033607,lying in the NW 114 of Section 29,TAN., R.1E..B.M-,Ada County, Idaho and more particularly described as follows: Commencing at the West 1f4 corner of said Section 29, marked by an aluminum cap;from which the.Northwest corner of said Section 29, marked by a brass cap,bears North 00°01'36"West 2656.61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No-2 Subdivision North 89°35'30"East 664.68 feet to the Southwest corner of said Lot 25,marked by a 518"iron pin, said point marking the POINT OF BEGINNING;thence along the West boundary line of said Lot 26 North 00°03'17"West 331.00 feet to the Northwest corner of said Lot 26.marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89'35'30"East 379.11 feet to a 518"iron pin;thence leaving said North boundary South 00'04'37"East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26-.thence along said South boundary South 89°35'30"West 379.24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres, more or less. [ LANB 34 � p OF 1 Page 11 Page 150 LL) ONIdV39 JO S$SVI3 J9 90e A.9C.10.00 N OV08 21AOdD isnDO-1 HiZION > > F4 z Mop S2� m z C3 -TI m x M > 00,;66 A I I'E,0.0,0,'rl? W, >—" 7 cl 1 F > Z Z C3 V) M z c x 3E z N.CHOPIN o AVENUE C: VI I/r IC � II II fs O 00- i'37"E 71 tt) u -------- -------- ------------- 14--=z=.z—�z--------- GARDEN FmMSIRM HOUSE: w:"w a, 5 m K z z J:L——- ibnoD ACIOOMNna 1sv3 4 > z YJ Page 12 Item#8. TEALEY'S LAND 12594 W. Explorer Drive,Suite 150 • Boise, Idaho 83713 SURVEYING (208)385-0636 Fax(208)385-0696 Project No..4743 Date:January 6,2021 ZONE R-2 DESCRIPTION FOR PROPOSE©AMBLES RUN SUBDIVISION A parcel of land being a portion Lot 26 of Block 1 of aunwoody Subdivision,as filed for record in the office of Ada County Recorder, Boise, Idaho, in Book 58 at Page 5482, as shown on record of survey No. 7637, as fled for record in the office of Ada County Recorder, Boise, Idaho under instrument No. 107033607, lying in the IOW 114 of Section 29,TAN., R.1E., B.M.,Ada County, Idaho and more particularly described as follows: Commencing at the West 114 corner of said Section 29, marked by an aluminum cap;from which the Northwest corner of said Section 29, marked by a brass cap, bears North 00`01`36"West 2656.61 feet;thence along the East-West centerline of said Section 29,which is also the North boundary of Vienna Woods No. 2 Subdivision North 89°35'30"East 664.68 feet to the Southwest corner of said Lot 26,marked by a 518"iron pin,said point marking the POINT OF BEGINNING:thence along the West boundary line of said Lot 26 North 00'03'17"West 331.00 feet to the Northwest corner of said Lot 26,marked by a 518"iron pin;thence along the North boundary of said Lot 26 North 89°35'30"East 379.11 feet to a 518"iron pin; thence leaving said North boundary South 00°04'37"'East 331.00 feet to a 518"iron pin on the South boundary of said Lot 26:thence along said South boundary South 89'35'30"West 379,24 feet to an iron pin marking the POINT OF BEGINNING. Said Parcel of Land Contains 2.88 Acres,more or less. 34 ,z � r f1' 4 Page 13 Page 152 Item#8. DNI'dV38 JO SISV9 cra 4 19 9s9z Al.9E.10.00 N o � OVON 3AO80 ArMl Hi?JON g O= z� o m N . Mm, V7 r 60IEE AV.11.E41.Op N h7 't'4 II ' OD � x x I ®c N.CHOPIN�''I _ AV5NU5 o •~ �. I_ IG II ----------a � 'S 00•//0<1'37'E 331.0"p'� .�iN I J ------_-------__ __ __ ______________ _-_ CARDEN E)IIS I m N TOG HOUSE m a Toi N � 1 � m I� e' J vll� ICI 1 G 14 v r m z ----J€L !; 'o----------cr--- 4 w C C w lanOO AQOOMIma lSV3 �q#fl y N C I° m a RI m _ - L, G n Page 14 Page 153 Item#8. B. Preliminary Plat(dated: 12/17/2020)NOT APPROVED DUMADDUI 4 BOON 5BRIIGEr 5.492 ( I y I I rnsrru.r-_tPewrr+a�cw-orF � l 9r.B1TO CTO6"3ENER / FJRIBf E7RFsG1trl- -. ' I K f T9 SLtiiLE . ____ • 379. I --EJ 4 / J -I-�-- 10,53=------------- f----------- _ I a riot----- - 666 7,;[1 v I I $ I T10"eo 9tzPacr l 'I UMFLKiIm w� Y I tPFHCN l I � I � �•� to w It4 i I I�:Ix�s sr � I ls•.�ee sF I $ _� i 9GV.E- 9• .4O' - a< I I so.n' I �Ofal t - I L--- aara[z 4 sn+>:rs vwN II I � I 161o0l�sr I I TO BE TLM wrew WOK 05 PME AW I I I I I Pr�ro�o w¢r-Ntu� I I I I wur suncN I I SM'35'.30"W 1614-16' nor Ml—sa �8 "Nl E t TO[��Sm.6 �' 0.'+NNEGT TO easnwl !'3[NCli lull d 0'YuitA 1a1[ n U LE WOO NO.i BOON 52 PAGE M,fr77 d Page 15 Page 154 Item#8. o!s!3d TT...a 1Vd AW.4 GBbL998I88L13NOHd rseae ouvo,eanvu woos iaav� 41D "��ltlld A2ltlNIW1I321d m NlDishoim Nnu S3-iaWtl `s 'aNl`Sa 33N1:JN3 .�. NOISIAIcs sNnusa 8Ntl S3IVI3OSSV IR 1-IJ 1 .,;z ' fit--T s�- ■r I-° 5 sl I� �I ' I 3 �. . �y jig I,,I �ult� r-'! "J*.�'�� ma a 1wAw i) 6i 'I��. �1 'ICI �Iffl�� Is+�Ie�al .I ry tll 1'� v IIII l III IIIII I�I�I 'Il IIII l LII,I•IIII to r �, � 1 � III• Jil I II I I �,I I III III II F$ N c vi .. Ly - o- Cn W I � Q� k wZ tS 1M4�' a @ � Q s II =o iI 'A R� F R Page 16 Page 155 Item#Ed C. Landscape Plans(date: 12/18/2020)NOT APPROVED !Aid so Q MIN A a A L into ill .1,IF L--------------------------------------- — ----------- 1"EJ ---------------------—--- Joc�I u. 1 Z.11 Q � i � a Q- ----------- Page 17 EEI BLOCK I A" UUNWOODY SUSDIVISION LCT 28 co ------------- v. t f �4 C4) !Lub IA. oL El LOT VIENIrA WOOQD'S: SJE LOT 15 L= 17 IIEI.A 1�DCY32 SURD. NQ. IE, S LOCK L., 10. 2 Page 18 Item#8. D. Conceptual Building Elevation e _' x t � 1 7_q } VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the approved plat, landscape plan, and conceptual building elevation included in Section VII and the provisions contained herein. Page 19 Page 158 Item#8. 2. The preliminary plat included in Section VII.B, dated December 17,2020, shall be revised as follows with the final plat submittal: a. Revise the pla4 to show an additional stub stfeet from Chapin Avenue to the westem boundafy along the}eft-hex pr-epertline—ate with ^r�nthe widtl��f the stub stfeet seetion right of way. b. Revise the plat to show 10-foot wide parkways with 5-foot wide detached sidewalks consistent with UDC 11-3A-17 and Staff s recommended changes. 3. The landscape plan included in Section VII.D, dated November 18,2020, shall be revised as follows with the final plat submittal: a. Revise t4e plan to show the revised plat layout per-eenditions above. b. Revise the plan to show 10-foot wide parkways. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-4 for the R-2 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-313-6 and MCC 9-1-28. 8. 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 11-3B-14. 9. The preliminary plat approval shall become null and void if the applicant fails to either: 1) 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 11-6B-7. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 Since parcel to the north is not a phase of this project the sewer line needs to end at a manhole at the northern boundary. 1.2 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. 1.3 The geotechnical investigative report prepared by Atlas Technical Consultants,LLC dated December 10,2020,indicates some specific construction considerations and recommendations. The applicant shall be responsible for the strict adherence of these considerations and recommendations to help ensure that homes are constructed upon suitable bearing soils,and that surface runoff and subsurface seepage does not become a problem with home construction. 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 Page 20 Page 159 Item#8. 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 right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I"map with 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. 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 110%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 Page 21 Page 160 Item#8. performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 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 11-12-3H. 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 proj ect. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.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 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 Page 22 Page 161 Item#8. https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=219178&dbid=0&repo=Meridian C Lty D. SETTLER'S IRRIGATION DISTRICT(SID) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=219200&dbid=0&repo=Meridian C iv E. WEST ADA SCHOOL DISTRICT(WASD) https:Ilweblink.meridiancily.org/WebLink/Doc View.aspx?id=220963&dbid=0&repo=Meridian C Lu F. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=219133&dbid=0&repo=Meridian C hty G. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:Ilweblink.meridianciU.org/WebLink/DocView.aspx?id=220007&dbid=0&repo=Meridian C Lu H. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:Ilweblink.meridianciU.org/WebLink/Doc View.aspx?id=220032&dbid=0&repo=Meridian C ia I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridianciU.org/WebLink/Doc View.aspx?id=220252&dbid=0&repo=Meridian C iu IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) 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 City of Meridian with the R-2 zoning district and subsequent development is consistent with the Comprehensive Plan, if all conditions of 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 the request for the development will contribute to the range of housing opportunities available within the City and within this area, consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Page 23 Page 162 Item#8. 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 Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the annexation is in the best interest of the City. 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 recommendations, 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 for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water 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 public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development. 6. The development preserves significant natural,scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 24 Page 163