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Horse Meadows Subdivision H-2020-0060 and H-2021-0050 ( 2021-179237) ADA COUNTY RECORDER Phil McGrane 2021-179237 BOISE IDAHO Pgs=60 NIKOLA OLSON 12/22/2021 10:34 AM CITY OF MERIDIAN, IDAHO NO FEE E i DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Black Cat 30 LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and. entered into this 21st day of December , 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 Black Cat 30 LLC whose address is 1420 S.Mills Avenue,Ste.M,Lodi, CA 92542, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS,Owner is the sole owner,in law and/or equity,of certain tract bf land in the County of Ada, State of Idaho,described in Exhibit"A",which pis attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code§67-6511A.provides that cities may,by ordinande, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject. Property; and 1.3 WHEREAS, City has exercised.its.statutory authority by the enactmentJof Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoningof land; and 1.4 WHEREAS,Owner/Developer has submitted an application(H-2020-0060) for a rezone of 5.33 acres of land.from a.R-4(medium low density resident 1) zoning district to R-8 (medium density residential) zoning district and, a modification(14 2021-0050)to that approval on the property listed in Exhibit "'A",attached hereto,under the Unified Development Code,which generally describes how the Property will be developed and what improvements wi ll be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements.will be made;4nd DEVELOPMENT AGREEMENT—HORSE MEADOWS SUBDIVISION(11-2020-0060 AND 11-2021-0050) PACE 1 OF 8 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 12t" day of January, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings") on project H-2020-0060, which have been incorporated into this Agreement and attached as Exhibit "B" and on the 120 day of October, 2021,the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings") on project H- 2021-0050,which have been incorporated into this Agreement and attached as Exhibit"C"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian 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. DEVELOPMENT AGREEMENT-HoRSE MEADOWS SUBDIVISION(H-2020-0060 AND H-2021-OOSO) PAGE 2 OF 8 3.2 OWNER/DEVELOPOER: means and refers to Black Cat 30 LLC,whose address is 1420 S. Mills Avenue, Ste. M,Lodi, CA 92542, hereinafter called OWNEPUDEVELOPER,the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada,City of Meridian as in Exhibit"A"describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 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 submitted and revised plans and conceptual building elevations for the detached single-family dwellings included in Section V11 of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"C".and the provisions contained therein as well as the provisions contained in the Staff.Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B" unless amended. b. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Direct lot access to N. Black Cat Road and W. Pine Avenue is prohibited. d. With the final plat application submittal,the Applicant shall relinquish their rights to use the ingress-egress easement on the subject site knows as W. Quarterhorse Lane. e. Prior to signature on the Final Plat,the Applicant shall demonstrate that the existing easement that provides access to parcels S 1210325555, S 1210325800, & S 1210325710 has been extinguished or relocated to the City's satisfaction. 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. DEVELOPMENT AGREEMENT-HORSE MEADOWS SUBDIVISION(H-2020-0060 AND H-2021-0050) PAGE 3 OF 8 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 Owner/Developer's default of this Agreement, Owners/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty(180)days;provided,however,that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2,Owner/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. Owner/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 Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Dcveloper 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: Owner/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 DEVELOPMENT AGREEMENT-HORSF-MEADOWS SUBDIVISION(H-2020-0060 AND H-2021-0050) PAGE 4 OF 8 approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit,cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/DeveIoper agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner/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 OWNER/DEVELOPER: Black Cat 30 LLC 1420 S. Mills Avenue, Ste. M Lodi, CA 92542 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 shal I be entitled,in addition to any other relief as may DEVELOPMENT AGREEMENT—HORSE MEADOWS SUBDIVISION(H-2020-0060 AND H-2021-0050) PAGE 5 OP 8 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, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof,except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/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 Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/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. DEVEIAPMENT AGREEMENT—HORSE MEADOWS SUBDIVISION(H-2020-0060 AND H-2021-0050) PAGE 6 OF 8 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. [end of text; signatures, acknowledgements, and Exhibits A, B and C follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Black Cat 30 LLC By: Aivhwet Its: r06"nV ell CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 12-21-21 Chris Johnson, City Clerk 12-21-21 DEVELOPMENT AGREEMENT—HORSE MEADOWS SUBDIVISION(H-2020-0060 AND H-2021-0050) PAGE 7 OF 8 Item#8. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San ]oaquin ) before me, Diane D, Woods, a notary public +� (insert name and title of the officer) personally appeared �Y i�n L ohaeA c oO �p� c( who proved to me on the basi of satisfactory evidence to be the person($) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DIANE D.WOODS WITNESS my hand and official seal _ ; "' Notary Public•California x Z - San Joaquin County Commission#2257529 '�" •''� My Comm.Expires Oct 5,2022 Signature (Seal) Page179 Item#8. STATE OF ) ss: County of ) On this day of ,2021,before me,the undersigned,a Notary Public in and for said State,personally appeared known or identified to me to be the Black Cat 30 LLC, and the person who signed above and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Residing at: My Commission Expires: STATE OF IDAHO } ss County of Ada ) On this 21 st day of December , 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—HORSE MEADOWS SUBDIVISION(H-2020-0060 AND H-2021-0050) PAW b OI 5 Page180 Item#s. EXHIBIT A Rezone Legal Description and Exhibit Map C5 CI Q DAVID EVANS ANrj ASSOCIATES iNc DESCRIPTION FOR HORSE MEADOWS SUBDIVISION REZONE The following describes a parcel of real property,situated within a portion of the Northwest Quarter of the Southwest Quarter(NW 1/4 S W l/4)and within a of portion of the Northwest Quarter(N W l/4)of Section 10,Township 3 North,Range] West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: BEGIN PING at the centerline of North Black Cat Road,which is also the northwest comer of said NW 1/4 SW 1/4,also being the southwest comer of said NW 1/4;Thence,along the extension of said centerline,along the west boundary line of said NW 1/4,North 00'25'10"East,21.85 feet to the intersection and centerline of West Pine Avenue; Thence,along the eentcrline of said West Pine Avenue,South 890 13'30"East,525.16 feet; Thence,departing said centerline,South 00°25'10"West,20.12 feet to the northeast corner of the land described in Warranty Instrument,Number 2020-034862,which is also shown in Record of Survey, Instrument Number,95043060 as the northwest comer of Parcel 2; 'thence,along the east boundary line of said Warranty Deed,Instrument Number 2020-034862,South 00°25'10"West,420.45 feet to the southeast comer of said Warranty Deed; Thence,along the south boundary line of said Warranty Deed,North 89*34'50"West,487.09 feet to the east right of way orNorth Black Gat Road; Thence,continuing along the extension of said south boundary line,departing said east right of way, North 89°34'50"West,38.00 feet to the west boundary line ofsaid NWI14 SWI/4; Thence,along said west boundary line,Not-Eh 00925'10"East,421.98 feet to the POINT OF BEGIINNING,containing 5.33 acres more or less. 5 13 4 sq Of .SUL4�`�P Horse Meadows H-2020-0060 and H-2021-0050 Page 181 Item#8. EXHIBIT MAP FOR REZONE HORSE MEADOWS SUBDIVISION A PORTION OF THE NW1/4 OF THE SWi/4 AND A PORTION OF I Ht NW1/4 OF SECTION 10 T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2020 S CFNTFH11Nh.' R'. PhVL•: AVF.. OR n 589'13'30"E 525.i 6' o- N .= ''N N _ [1 p FOUND BRASS C+1F .... FOUND 1/2'RE9AR N NW CDR NW1/4 SW1/4 PLS 4808 WEST 1/4 CDR HE COR WARRANTY DEED N SEC711N 10 [NST.NO. 2020-034862 1 I x. �m � o� U u9 I I TOTAL REZONE C O d AREA 5. z C) 33 ACf Z en pNp O "N 4 0 © a 2 !n ti 5 I I N FOUND 1/2-RMAR INOEASS-ElmENCHT SS ~~ _ SE CDR WARRANTY ILLEML DEED INST. NO. 2020-03M2 N89'34'3©"W N 89'34'50" W 487.09' IF 38A0' 1"=100' DAVID EVANS 4 4 t1a ® C allo ASSOC I ATES INC. ,Py� 7Q rls� 9179 oise Idaho le Dr OF qNp 5U�-����� N Phone: 208-585-5858 Horse Meadows Page 182 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C (([E AND DECISION&ORDER In the Matter of the Request for the Rezone of 5.33 acres of land from the R-4 zoning district to the R-8 zoning district and preliminary plat consisting of 26 single-family residential lots and 3 common lots on 4.71 acres,by Riley Planning Services. Case No(s).H-2020-0060 For the City Council Hearing Date of: December 22,2020(Findings on January 12,2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of November 24,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of November 24,2020, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of November 24, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of November 24, 2020, 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Horse Meadows—FILE#H-2020-0060) - 1 - Page 183 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 24, 2020, 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 Rezone and Preliminary plat are hereby approved per the conditions of approval in the Staff Report for the hearing date of November 24, 2020, 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 11-6B-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. 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Horse Meadows—FILE#H-2020-0060) -2- Page 184 Item#8. 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 11-513-6F). 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 date of November 24,2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Horse Meadows—FILE#H-2020-0060) -3- Page 185 Item#2. By action of the City Council at its regular meeting held on the 12th day of January , 2021. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-12-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Horse Meadows—FILE#H-2020-0060) -4- Page 14 Item#8. Exhibit A STAFF REPORT E IDIAN - COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING 11/24/2020 Legend DATE: Project Location . TO: Mayor&City Council 1 � 1 ,.1 Y FROM: Joe Dodson,Associate Planner w i- -. 208-884-5533 SUBJECT: H-2020-0060 � ' Horse Meadows Subdivision IE3 m LOCATION: The site is located at 710 N. Black Cat,in the NW 1/4 of the NW 1/4 of Section 10, ` Township 3N.,Range 1 W. - 1 I. PROJECT DESCRIPTION Rezone of 5.33 acres of land from the R-4 zoning district to the R-8 zoning district and preliminary plat consisting of 26 single-family residential lots and 4 common lots on 4.71 acres,by Riley Planning Services. NOTE: The ACHD staff report requires the Applicant to take access off of W.Pine Avenue instead of converting the existing private lane easement(Quarterhorse Lane) into a public road access, as originally proposed. The easement will remain as a non-buildable lot until such time as the easement holders relinquish their rights to use said access with future development of their respective properties. In addition, in response to the staff report for the September 17, 2020 Commission meeting, the Applicant requested a continuance to a future meeting date in order to revise the plat and obtain additional information regarding the existing easement as discussed in the staff report. The plat has been revised and has resulted in strikethrough and underline changes throughout the staff report. NOTE to City Council:Following the Commission public hearing, the Applicant revised the plat in response to the Commission's recommendation and incorporated other changes that have not been fully analyzed by staff. The applicant has provided a comprehensive narrative of the proposed changes and staff has provided a summary of the proposed changes for the Council's consideration. Staff has also outlined some of the outstanding issues and recommended changes or inclusion of new conditions of approval based on these changes in Section VI. below. • The open space has been moved from the NEC to a more central location within the subdivision (Lot 6,Block 2). The overall open space has increased approximately 8,000 square feet to total nearly an acre due to the layout changes; Pagel Page 187 Item#8. • The Applicant is now proposing to construct common open space and a public street over area of the subject site that contains an existing ingress/egress easement. Conveyance of this right-of-way is contingent upon all easement holders relinquishing their rights to the use of said easement. The applicant's attorney is working with the three(3) affected parties on a resolution; • Per the recommendation of the Commission, one lot has been removed from the west boundary abutting Black Cat Road; II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.71 acres Future Land Use Designation Medium Density Residential Existing Land Use(s) Vacant Proposed Land Use(s) Residential Lots(#and type;bldg./common) �8 31 total lots—26 single-family residential;and 4 5 common lots. Phasing Plan(#of phases) Proposed as one(1)phase. Number of Residential Units(type 26 total single-family detached units of units) Density(gross&net) Gross—5.52 du/ac.;Net—unknown Open Space(acres,total 34,912 square feet(approximately 17%)and includes the [%]/buffer/qualified) required landscape buffers and one open space lot containing the proposed amenity;property is less than 5 acres so minimum open space requirement is not applicable. Amenities 1 amenity—Tot Lot Physical Features(waterways, N/A hazards,flood plain,hillside) Neighborhood meeting date;#of March 14,2020—5 attendees attendees: History(previous approvals) AZ-06-016,PP-06-010,FP-07-034;VAR-06-008—These approvals have expired. 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 Originally,access was proposed from W. Quarterhorse Hwy/Local)(Existing and Proposed) Lane,an existing private street along the southern property boundary.However,ACHD is requiring the applicant take access from Pine Ave. and does not have the authority to require the applicant to close the private driveway connection to Black Cat. Stub Street/Interconnectivity/Cross Stub streets are proposed to the existing private lane Access (Quarterhorse Lane)that are less than 150' in length that will be terminated with some kind of barrier and signs that state the streets will be extended in the future.The Page 2 Page 188 Item#8. Description Details I Page Applicant is still required to allow the other easement holders to use their access rights of Quarterhorse Lane. Existing Road Network W. Quarterhorse Lane—a two-lane private street Existing Arterial Sidewalks/ No Buffers Proposed Road Improvements Applicant is proposing additional ROW dedication and construction of detached sidewalks along both Black Cat and Pine. Fire Service • Distance to Fire Station 2.1 miles from Fire Station#2 • Fire Response Time The proposed development falls within the 5 minute response time goal. • Resource Reliability 76%(below the target goal of 80%) • Risk Identification Risk Factor 1 —Residential;current resources would be adequate to supply service to this project. • Accessibility Proposed project meets all required access,road widths, and turnarounds. The project will be limited to 30 homes due to a singular access point. Police Service • Distance to Police Station 4.5 miles • Response Time Approximately 3.5 minutes • Accessibility MPD has no concerns with access into this development; the MPD can service this development if approved. • Additional Comments • Between June 2019 and June 2020,MPD responded to 1,281 calls for service within one mile of this proposed development.The crime count on those calls was 126. • Between June 2019 and June 2020,MPD responded to 29 crashes within 1 miles of this proposed development. West Ada School District • Distance(elem,ins,hs) Peregrine Elementary—3.2 miles Meridian Middle—3.1 miles Meridian High—2.8 miles • Capacity of Schools Peregrine—650 students Meridian Middle— 1250 students Meridian High—2400 students • #of Students Enrolled Peregrine—517 students Meridian Middle—1273 students Meridian High—2101 students Wastewater • Distance to Sewer Services Directly Adjacent • Sewer Shed South Black Cat Trunk Shed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 13.95 • Project Consistent with WW YES Master Plan/Facility Plan • Additional Comments Additional 918 gpd flow has been committed. Water • Distance to Water Services Directly Adjacent Page 3 Page 189 Item#8. Description Details Page • Pressure Zone 1 • Estimated Project Water See application ERU's • Water Quality Concerns Yes,see below • Project Consistent with Water Yes Master Plan • Impacts/Concerns The water main should be looped through the site whenever possible;if any stub is not used it will be required to be abandoned dead end at the cul de s must be extended to the,.o tl west via the a n lot p tl.wa n.1 tied into the existing 8" water,v..,i st„1.i Black Cat This stub is not currently shown on the plans bu4 is stubbed .,t the iie-tl westeamer-of the,. eFty Page 4 Page 190 ' 1 1 1 1 1 ■�r■■■n CHERR CHERRY' 11 ■ 111� logo • • - • • • �■ •gym n1 - ■ I� • - • • • � 111i111'I rnuunw: ���D��rJi ` ;' J Ipmr■■■■L �� - - I � i 1�1!■� I III�A■■■O i::�`\\\ _ � I.sIAp L inn:I III NINE munlll !■ Belk nminll' I\ �'y� �l' 1_ a1 .. - 111 Ei ��■IIIL\Vt�\II--119r1111n1111 �- -_ '�' _ , FRANK -T. pppFRANKLIN .y ` � � - ■;nrnlulgp nmlo= �•oluuw_ G�IIIIk• Ir11111=_ Y " ��`Iglllll=_ room - . - . : IIn1■� Illi:-' - • ' • �f�- h�. ...�J■■11 IAZ n� �1�:Illli: 1 ■�, ��'■.i111'P�i�'I•1•.1»: ■ ■1111■■ ■,. ■nn■n � ■Oh n■n■■■ ii �YIIi► � Lnn■■■■ \�UIMNu14�1„ ■' ���IxnL►Ilni ' �� ►�■u�, ILnn■nn 1,,,,. r1■111■n11 'ram �� ��Iiiiiiiiiii t��r�*I`�1 �AII• �' I�n■uun Ili _ 1-1. �■■■':-IIIam nnn :,■ ■■■'•.111■m nnn►.-:n II ■■■■:�kk■O■■■ ■ ■ ► ■.■■:■kk■IOO Illnlll■I.� I� nn:�imm�n 1 :11 i Ili _ nn:I nnnm Innnml�T !■ m niullkn 1111111 11111 11■ `••u mxnnm Iln �1: nm=• -- � �!III,'�",� nm- _s ■n111�►\\IIpCI11r1111n7111 ,I LII L\\\\IIppIll�Onn1111 U IIII � �I I�11 _�I I■IN.�m . 1 Im.lol `FR'ANKL=I'N - -- rRANK`II\� IIIIIII1111111111111u1 1111111 Illlllkl a .;011lk ■lllkl= 1111 - 1 1 , ■ , 11 ■ ♦ 1• Item#8. IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 6/26/2020 11/6/2020 Radius notification mailed to properties within 300 feet 6/23/2020 11/4/2020 Site Posting 90 10/2/2020 11/6/2020 Nextdoor posting 6/23/2020 11/4/2020 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) 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 subject site is currently zoned R-4 and the Applicant is requesting a rezone to R-8; both zoning designations comply with the future land use designation of Medium Density Residential (MDR). The proposed development is proposed as 26 single-family residential lots at a gross density of approximately 5.5 du/ac meeting the required gross density in the MDR. Single-family homes are a desired residential use in the MDR as. and the proposed development will match much of what is nearby but with smaller lots and more density, therefore offering homes at different price points than the surround R-4 sites to the north of the subject site. bW with the latest i-ede-sign 4the 191at the,�pplieant is 19repes-ing seme age�,, leaded and side leaded s-ingko- within thisfuture land use designation. F-urther site des��ana4wis is below in subsequen ef; s Staff finds the proposed development and use to be generally consistent with the future land use designation of Medium Density Residential. The City may require a development agreement(DA) in conjunction with an annexation and/or rezone 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 rezoning with the provisions included in Section HII.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 rezone for approval by City Council and subsequent recordation. B. Comprehensive Plan Policies(https://www.meridiancioy.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities"(2.02.01 A). The Applicant is proposing to construct detached sidewalks along both Black Cat and Pine and add a micro pathway into the development in the northeast corner of the site. The Applicant is proposing these buffers and micro pathway as their open space;the micro pathway is also shown with a tot-lot which is intended to be a site amenity. This pedestrian connection is a nice addition, especially with it being shown within a larger common lot than originally proposed. Because of the redesign that occurred, this pedestrian connection and the new street connection to Pine Ave allows for more pedestrian and bicycle connection through the site. The proposed plat is smaller than 5 acres Page 6 Page 192 Item#8. and therefore is not required to meet the minimum 10% open space standard and the open space that is proposed within this development is largely landscape buffers that offer pedestrian connectivity but is not active in its use. The Applicant is proposing a tot lot, as mentioned, which should help activate the common lot that it is within.Despite the type of open space proposed,Fuller Park(the closest public park to the site) is approximately I mile away by foot and the proposed pedestrian connectivity should make it more efficient to reach it. Staff finds that despite the proximity of the public park, it does not alleviate the need for usable open space within this development as desired in the purpose statement of UDC 11-3G, the Common Open Space code section. Therefore,Staff finds that the Applicant should lose an internal building lot and make it a common open space lot instead. This change would help this project meet both the UDC and the Comprehensive Plan. "Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity"(6.01.02B). The existing access to this site is via W. Quarterhorse Lane—a private road that other parcels located to the south and east also use as an access to Black Cat Road, an arterial street.According to the originally submitted plat, the Applicant proposed to convert the private road to a public road. The Applicant proposed the main access for this development to be from Black Cat rather than the adjacent Pine Avenue, a collector street.However,ACHD policy does not support the Quarterhorse access to Black Cat, an arterial street.As such, they have required the applicant to take access from the lesser classified street,Pine Avenue, which necessitated a redesign of the project. City code, UDC 11- 3A-3, also requires access to be taken from Pine Ave. To complicate the matter further, Quarterhorse Lane will remain as a private lane and ACHD does not have the authority to require the closure of this access. The new layout does in fact show access to Pine, a lesser classified street but the private lane access to Black Cat cannot be closed without the consent of all easement holders. Further, access prevents the extension of the 25 foot wide landscape buffer and the 5-foot wide detached sidewalk along N. Black Cat Rd. Staff is of the opinion this area should be depicted on the plat as a non-buildable lot until the easement holders consent to vacate the access—the Applicant has revised the plat to show this and will extend the landscaping and sidewalk as far south along Black Cat as possible. To ensure this lot can re-develop in the future, staff recommends the applicant provide an exhibit that demonstrates how the 25 foot wide landscape buffer and two stub streets are going to be extended in the future and how the remaining portion of the easement area can be redeveloped with the adjacentproperties. See additional discussion below in the Access section of the staff report(V.E). "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services"(3.03.03F).Public services are readily available to the subject site because of the existing nearby developments to the north and west. Applicable service departments have granted their approval of the development and its impact to the system with one modification; the Water Department would like to see the water system looped through and connected to the water main in Black Cat Road to ensure better water quality is achieved. It should be noted that the Public Works Department generally does not want public infrastructure placed in Me private road easements. However, the Applicant has limited options to loop the water main in this development and must utilize the existing private access easement. Public Works has si n ed off on this location and has offered their comments re a� rding this (see Section VIILB). Page 7 Page 193 Item#8. "Slow the outward progression of the City's limits by discouraging fringe area development; encourage development of vacant or underutilized parcels currently within City limits" (4.05.03B). The subject site is near the edge of the City's limits but has City of Meridian development to its north and west. In addition, this site is currently vacant and underutilized because it is already annexed but not yet developed. The proposed development is an opportunity to develop the site adequately and remove a vacant parcel from the City. This development is also allowing the City to plan for the future use of the private road easement and for how the future road network will work in this area should it redevelop from county land and be annexed into the C "Encourage the assembly of parcels for master planning, design and entitlement purposes; discourage piecemeal annexation and development"(3.03.03J). The subjectparcel is already annexed into the City of Meridian and cannot be made part of a larger assembly of parcels at this time. The public road layout should lay the infrastructure for future connectivity of the immediate area as all parcels to the south and east that are not currently annexed into the City should have a lower classified street to access in the future. With Quarterhorse Lane being the only access for these parcels, master planning the public road network becomes even more imperative as City code and ACHD cannot support maintaining this access to Black Cat. This requires that ultimately all easement holders agree to vacate their rights to the easement and take access through this development and other local street networks to the east. With the revised plat, the Applicant has provided two stub streets to the existing Quarterhorse Lane for future connectivity. , . The Applicant agrees that at least a portion of the existing easement should be come public right-of-way in the future so that the parcels to the southeast have local street access to Pine and the accesses to Black Cat are continued to be limited in line with ACHD and the Comprehensive Plan. Staff finds this development to be generally consistent with Comprehensive Plan policies and objectives if Staffs recommendations are adhered to and despite the W. Quarterhorse Lane access remaining. C. Proposed Use Analysis: The proposed use is detached single-family residential homes;this use is listed as a principally permitted use in the requested R-8 zoning district per UDC Table 11-2A-2. The Applicant's revised plat shows front loaded single-family homes within the R-8 zone, seemingly the industry standard in the requested zone. The proposed development and use meet both the zoning and comprehensive plan policies despite the development not providing a new housing type.However, the proposed lot sizes are smaller than those closest to the subject site and therefore cannot accommodate as large of a home which should dictate a lower price point for these homes:the comprehensive plan also calls for housing variety in the way of price point but this is merely coniecture at this point in the development process. The proposed use is allowed in the requested zone but does not offer an "exciting"or "premier"housing type outside of what already exists in the immediate area. as t*oft e proposed use but also sho;twfour hontes that are agey loaded and Apo homes that awproposed with si& to garages-. This is a ehangeftom any previous plat submitted to Staff and would allow difftren arehkeemml so4es of hontes within the sante development-. Staff is appreeiadve of this pmposal and is reeommending a A4 provision to ensure these homes are eonshweted as proposed and not as allftont loaded, Page 8 Page 194 Item#8. D. Dimensional Standards(UDC 11-2): The proposed preliminary plat appears to meet all UDC dimensional standards for the requested R-8 zoning district and use of detached single-family homes. This includes property sizes, required street frontages,and road widths of the local streets and alleyway.All local streets are proposed as 33-foot wide street sections within 47 feet of right-of-way. Staff notes that the Applicant's request to rezone the property from the existing R-4 district to the R-8 zoning district, increases the number of lots that are able to be developed on this parcel. This is due to the minimum lot size in the R-8 district being half of that in the R-4 district. The Applicant has not proposed all lots at the minimum 4,000 square feet but the average lot size in the development is just below 4,100 square feet. Because the Applicant is proposing such small lots uuits);Staff is recommending that prior to the City Council hearing the Applicant provide exhibits showing how the d;fftren homes&, le will physically fit on the proposed lots. E. Access(UDC 11-3A-3): Access into this development is now proposed via a new street connection to Pine Avenue instead of converting W. Quarterhorse Lane to a new public street. The Applicant has chosen to take access from Pine Avenue after receiving the draft staff report from ACHD which required a completely new plat layout following the initial submittal; subsequent revisions have maintained this access point to Pine.W. Quarterhorse Lane is currently an ingress/egress access easement with 4 servient sites,including the subject site of this application.Without the consent of all easement holders,the access must remain until the remainder of the properties annex or redevelop. Therefore the easement will remain as a non-buildable lot until such time it can be included as part of a future development. As noted above, staff has received r-eee f.,efids .,.. ':eat#-pro ,;ao an exhibit for the Commission that demonstrates how this area of the property could redevelop with the required street frontage improvements and be incorporated into a future plat when the properties to the southeast redevelop in the future. The applicant should relinquish their right to use of said easement as part of the rezone request. All internal local streets within the proposed development are shown as 33-foot wide street sections that will accommodate on- street parking where no driveways exist. The new layout proposes access off of Pine Avenue in line with N. Traquair Place on the north side of Pine. The internal streets provide two north-south stub streets to the existing private lane (Quarterhorse Lane) that will be extended in the future and a cul-de-sac that serves six(6) homes pph ,.nt i -the lle , leaded and side leaded 'aN e.. Staff can support this revised layout more than previously submitted plats as it places the easement within a lot of its own, shown as Lot 910 Block 1. However-, this 164 is not speeifiea!4,addf��ed an the plat er wit and the eK-�timg easement eauk4 war-k in thefiutHre wiMfwure development to the east-, read neAver-k? These are questions.Me Gemmission and Geuned should ask ef theApplieant. Staff understands that there maybe no precise way to know what will happen here with this easement but it is often up to the developer/Applicant to show Staff that all aspects of a property have been vetted; Staff is know comfortable in stating that this due diligence has occurred with the future of this access easement because the Applicant has provided an exhibit showing this lot as common open space to be landscaped with grass and still accommodate the existing gravel access road for the servient sites. In addition, the area of the access easement that is between the new local north-south street and Black Cat will hold both a sewer and water main line in order to loop the systems. These utilities require a 30 foot wide easement which will overlay the lot and Page 9 Page 195 Item#8. make this area non buildable in perpetuity. The Applicant has stated to Staff that the remaining easement area is best suited for future right-of-way for future redevelopment to the southeast and Staff agrees. The exhibit provided by the Applicant does not specifically show this because it is unknown where future access to the south could be taken from but the story has been told in both discussion and in the response to the previous staff report. Despite the unknowns, Staff is more comfortable supporting this revised plat with the requirement of an additional DA provision to ensure this easement area is used appropriately in the future. This recommended provision is to restrict Lot 110-Block I as a non-buildable lot for either common open space or future right-of-way dedication as other easement holders redevelop their own properties and relinquish their rights to this private lane access in the future. Note:Staff has received a revised staff report from ACHD and they have approved the revised plat with specific conditions of approval(see Section VIII.G). F. 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 detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards.No parking plan was submitted with the application. The street sections(33 feet wide) of the proposed local streets within the development, as shown on the submitted plat, accommodate parking on both sides of the street where no driveways exist. The cul-de-sac is proposed with a radius of 48 feet and cannot accommodate any parking along its perimeter. G. Pathways (UDC 11-3A-8): No multi-use pathways are proposed or required with this development because the master pathways plan does not show any multi-use pathway adjacent to the subject site. This Applicant is proposing attached sidewalks along all local streets that will connect to the detached sidewalks proposed along the arterial and collector streets via the micro-pathway proposed in the northeast corner of the site and the new road connection out to Pine. These sidewalks and micro-pathway should help improve pedestrian and cyclist connectivity from this development. Originally, the Applicant proposed their micro pathway and amenity in the northwest corner of the site but Staff was concerned with the amenity being on an intersection that is only going to get busier over time. During the project review meeting between department staff some additional comments from Public Works regarding the location of the proposed micro pathway have come to Staff's attention. Public Works noted that this development should loop their water line to the water main that lays in Black Cat Road to help with water quality for the development. The revised plat still proposes the micro path and amenity in the northeast corner which does not help Public Works with achieving a looped water system on this property. In lieu of this, Public Works has recommended that the water main connect to the main within Black Cat via a new water main easement in the existing Quarterhorse Lane access easement, generally paralleling the sewer main proposed in the easement area as well. This will require the Applicant to abandon the existing main line stub located in the intersection of Black Cat and Pine since it will no longer be needed. The Applicant has taken these comments into account with their most recent revisions to the plat and has made the appropriate accommodations for a looped system via the existing access easement. Public Works has reviewed the latest plat and utility layout and offers their support of the new layout of the looped systems. Page 10 Page 196 Item#8. H. Sidewalks(UDC 11-3A-17): Five-foot attached sidewalks are proposed along all internal local streets. The Applicant is also proposing 5-foot detached sidewalks within the required landscape street buffers on Pine Avenue and Black Cat Road. There are no existing sidewalks adjacent to the site and along the arterial streets. These additional sidewalks will add to the pedestrian connectivity throughout the immediate area and offer safer routes for pedestrians and cyclists alike. Black Cat Road is expected to be widened adjacent to this site within the next five (5)years and the proposed sidewalk is shown outside of that ultimate ROW. However, the sidewalks appear to be right at the edge of the ultimate ROW which does not meet code. UDC 11-3B-7C.]a states that detached sidewalks shall have an average minimum separation ofgreater than four(4)feet to back of curb and the back of curb shall be measured from the ultimate curb location. Therefore,Staff is recommending a condition of approval to move the detached sidewalks further into the landscape buffers to meet this requirement. I. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required adjacent to N. Black Cat Road, an arterial, and a 20-foot buffer is required adjacent to Pine,a collector street. This buffer should be landscaped per the standards listed in UDC 11-3B-7C and placed into a common lot that is at least as wide as the required buffer width;this common lot should also contain the detached sidewalk required along both roadways. Pathways, including micro-paths are required to be landscaped in accord with the standards listed in UDC 11-3B-12. The original landscape plans appear to show compliance with those requirements but no updated landscape plans have been provided that match the revised plat layout. The submitted plat depicts a 25 foot wide landscape buffer along Black Cat and a 20 foot wide buffer along Pine, both within common lots. The correct number of trees appeared to be shown on the original landscape plans as well(see Section VII.Q. To ensure these buffers are installed and vegetated appropriately, the improvements required outside of the ultimate ROW should be constructed prior to receiving building permit approvals. Code also dictates that street landscape buffers are to be vegetated with shrubs, lawn, or other vegetative ground cover in addition to trees; the submitted landscape plans do not appear to show this vegetation. Staff is recommending a condition of approval to revise the landscape plans to correct this as well as revise the landscape plan to match the revised plat layout and be submitted to Staff no later than ten (10) days prior to the City Council hearing. J. Open Space and Amenity(UDC 11-3U): Because the subject site is less than five(5) acres in size, the minimum requirement of 10% qualified open space and at least one site amenity are not required to be met by UDC 11-3G. However, the Applicant is requesting a rezone to a zoning district that allows higher density. Staff finds it appropriate that usable open space and an amenity be provided. In response, the Applicant has proposed approximately 35,000 square feet of open space which amounts to approximately 17%of the site. This open space consists mostly of the street buffers along the outside of the development and also includes the common lot that holds the micro pathway and the proposed tot-lot in the northeast corner of the site at the end of the cul-de-sac. Even though the regulations in UDC 11-3G do not apply to this development because of its size,Staff believes that the purpose statement of providing open space that improves the Page 11 Page 197 Item#8. livability of neighborhoods should still be adhered to.In addition, the purpose statement for subdivision regulations in UDC 11-"-1 discusses promotion of developments that provide for adequate sunlight,fresh air, and usable open space. Sitaff can better support the new open spaee layout but is sdU unsure how it%49 work with Pubue ' . Due to the existence of a lame public park bein.-within a mile of the development,Staff can understand why the Applicant has not proposed more usable open space within the development.However, it is Staffs opinion that more usable open space should be made available within the site to accommodate those who cannot so easily walk or bike to Fuller Parr In order to meet the purpose statement of UDC 11-3G and the subdivision regulations the Applicant should lose a buildable lot and convert it to open space. Therefore.Staff is recommendinz that Lot 6,Block 2 be a common open space lot instead of a buildable lot. 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 shown on the landscape plan and appears to meet UDC requirements in regards to height,type, and location. The Applicant should ensure fencing still meets the required UDC standards once providing a revised landscape plan that matches the revised plat. L. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the detached single-family homes for this project(see Section VILD). The submitted elevations show a combination of single and two-story single-family homes. The elevations also show different architectural elements,finish materials, and overall design options including some RV size garage spaces. However, with such small lot sizes proposed, Stafffis concerned the submitted elevations may not depict homes that can actually fit within the building envelope of the R-8 zoning district. To help staffsee this, Staff is recommending a condition of approval that the Applicant provide an exhibit showinghow ow a proposed home will fit on these lots. Design review is not required for single-family detached structures but Staff finds the submitted elevations meet the requirements in the Architectural Standards Manual. Because a number of the homes abut streets that are heavily traveled, Staff is recommending a condition of approval that requires those homes abutting both Black Cat and Pine are constructed with modulation and variations in materials to mitigate any potential of a monotonous wall plane along these streets. VI. DECISION A. Staff: Staff recommends approval of the requested rezone and the requested preliminary plat per the analysis in Section V and per the findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on October 22, 2020. At the public hearing,the Commission moved to recommend approval of the subject Rezone and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Penelope Constantikes,Applicant Representative b. In opposition: None C. Commenting: Drew Morgan,Neighbor; Penelope Constantikes Page 12 Page 198 Item#8. d. Written testimony: 17 residents submitted written testimony and 3 left voicemails outlining similar concerns of traffic increasing in the area even without this development and the density of the project in relation to traffic. e. Staff presenting application: Joseph Dodson f. Other Staff commenting on application:None 2. Key issue(s) public testimony a. Clarification of future plans for the existing private lane along the southern boundary, Quarterhorse Lane. 3. Key issue(s)of discussion by Commission: a. How Quarterhorse Lane is intended to function both in the near future and in theme to come—specifically,how much of it will be green and how much is expected to be right-of-way for the other easement holders to the east and southeast; b. Size of the lots in relation to the submitted conceptual elevations and concern over whether those homes can actually be built on the proposed lots; C. Location and amount of open space being proposed and how will the different locations be accessed by residents; 4. Commission change(s)to Staff recommendation: a. Add a condition requiringfencing encing along the north boundary of the open space lot(Lot 10, Block 2)in the northeast corner of the site where the tot-lot is located for added safety; b. That the applicant revise the plat to reconfigure the lots (Lots 9& 11, Block 2)around the northeast corner open space lot of the site to increase its size; c. Add a condition to work with Staff on providingfencing encing within the ingress/egress easement along the southern boundary to fence off the gravel road from the open space within this lot(Lot 10,Block 1); d. Revise the plat to remove a lot along Black Cat Road to widen those lots. e. Provide sample elevations of the homes that will fit on the proposed lots. 5. Outstandingissue(s)ssue(s) for City Council: a. The Applicant has not submitted different elevations based on the Commission's recommendations because the submitted elevations are the designs that are intended to be constructed in the development. b. The revised plat now shows the private lane easement as a common lot and dedicated right-of-way. If Council supports the revised plan, Staff recommends DA provision l.e be modified to read as follows: "A final plat application shall not be submitted until the Applicant receives approval and provides documentation from all easement holders(Parcels 51210325555, 51210325800,& 51210325710)to relinquish their rights to the existing access easement once the public road connection to Pine Avenue is constructed." Council strike condition of approval 2c. as this coincides with modified DA provision le. above. Council include a new condition of approval as follows: i. Construct a 5-foot wide micro-path along the south side of Lot 7, Block 1 that connects to the sidewalk along the west side of N. Traquair St. and to Black Cat Road. Page 13 Page 199 Item#8. C. The Meridian Citv Council heard these items on November 24,2020 and December 22.2020. At the Public hearing.the Council moved to approve the subject Rezone and Preliminary Plat requests. 1. Summary of the City Council public hearing: a. In favor: Penelope Constantikes,Riley Planning Services and Applicant Representative b. In opposition: None C. Commenting: Penelope Constantikes:Dan Lukehart—Owner Representative d. Written testimony: None since Commission. 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. None 3. Key issue(s)of discussion by City Council: a. Number of units being proposed with the Rezone application: b. History,current proposed changes. and future use of existing ingress/egress easement (Ouarterhorse Lanel: c. Level of traffic in nearby vicinity and future plans for both Black Cat Road and W.Pine Avenue: d. Location of access into new development and its proximity to Black Cat—Project t was continued to the December 22"d hearing date in order for ACHD to review a new access location for development. 4. City Council change(s)to Commission recommendation: a. Incorporate latest Preliminary Plat into record, b. Modify DA Provision Le- C. Strike Condition 2.c: d. Add a landscape condition as follows: Construct a 5-foot wide micro-path south of Lot 20,Block 2 that connects to the sidewalk along the west side of N. Traquair St. and to Black Cat Road. Page 14 Page 200 Item#8. VII. EXHIBITS A. Rezone Legal Description and Exhibit Map ON DAVID EVANS "^0ASSOCIATES INC DESCRIPTION FOR HORSE MEADOWS SUBDIVISION REZONE The following describes a parcel of real property,situated within a portion of the Northwest Quarter of the Southwest Quarter(NWl/4 SW 1/4)and within a of portion of the Northwest Quarter(N W 1/4)of Section 10,Township 3 North,Rangel West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: BEGINNING at the centerline of North Black Cat Road,which is also the northwest comer of said NW 1/4 SW l A,also being the southwest comer of said NW 1/4;Thence,along the extension of said centerline,along the west boundary line of said NW 1/4,North 00o25'10"East,21.85 feet to the intersection and centerline of West Pine Avenue; Thence,along the centerline of said West Pine Avenue,South 89°13'30"East,525.16 feet; Thence,departing said centerline,South 00°25'10"West,20.12 feet to the northeast corner of the land described in Warranty Instrument,Number 2020-034862,which is also shown in Record of Survey, Instrument Number,95043060 as the northwest comer of Parcel 2; Thence,along the east boundary line of said Warranty Deed,Instrument Number 2020-134162,South 00°25'l0"West,420.45 feet to the southeast comer of said Warranty Deed; Thence,along the south boundary line of said Warranty Deed,North 89°34'50"West,487.09 feet to the east right of way of North Black Cat Road; Thence,continuing along the extension of said south boundary line,departing said east right of way, North 89°34'50"West,38.00 feet to the west boundary line of said NW IA SW IA; Thence,along said west boundary line,North 00'25'10"East,421.98 feet to the POINT OF BEGHNNING,containing 5.33 acres more or less. r O � � 13 4 s or. c�gNA Stl11.�yP Page 15 Page 201 Item#8. EXHIBIT MAP FOR REZONE HORSE MEADOWS SUBDIVISION A PORTION OF THE NW1/4 OF THE SW1/4 AND A PORTION OF i HE NW1/4 OF SECTION 10 T. 3 N., R. 1 W., B.M., ADA COUNTY, IDAHO 2020 w CFJVTf KfJNF W. PINE AVE.. o us S891XWE 525-16' � to 00 2.N 0 N _ O FGUl MASS CAP FOUND I/2"REBAR `zp N 2 NW COR N%4 SWI/4 2' EBAR 5ESTI1 iQ NE COR WARRANTY DEED INST. NO. 2020-034W2 I I m G N .� C4 G u7 03 O rn W I TOTAL REZONE n I AREA 5.33 Aft C ❑0 v I � �a N e N O W UD .04 O � 0 W 2 V i I N FOUND I//2'REEIAR INGRESS-EGRESS �y _ ILLEaB E CAP EASEMENT SE WARRANTY DEED INST. N0. 2020-034W2 N8934'50"W N 89'34'50" W 487.09' 38.00' A1� N DAVID EVANS a 4 7° ANoASSOCIATES ime. 7A 9179 W Black Eagle Dr S;c 0 4 Boise Idaho �v Pia P.S L11-� Phone: 208-585-5858 Page 16 Page 202 Item#8. 525.16 — s89°t3'30"e vo 0 3 c v O O N.ry C Q O e n89°34'S0"w 487.09 Title: Date:05-20-2020 Scale: 1 inch= 100 feet File:RSCV16 HORSE MEADOWS SUB REZONE.des Tract 1: 5.331 Acres: 232208 Sq Feet:Closure=s89.2310w 0.06 Feet: Precision—132299: Perimeter=1935 Feet 001�00.2510c 21.85 004=00.251Ow 420.45 007=00.2510c 421.98 002=s89.1330e 525.16 005=n89.3450w487.09 003=s00.251 Ow 20.12 006=n89.3450w 38.00 Page 17 Page 203 Item#8. B. Preliminary Plat(date: °/'L2020 o 1 6/2020 ,,,fig 1210812020) . a 27 I0 v' �92 I� J I R F wl �- �I vl I, N O Yz na `G All 0 x o rn C'o i —— L— I I+ z I � x O P'" a L �- r > � S _ s i � £h 61.� u:,:.y„N- ,�:n.�q�C.1•� I-�Isl I� �/ - al� Z _ a s.l HORSE MEADOWS SUBDIVISION _ Revisions a = ROCK SOLID CIVIL _ PRELIMINARY PLAT Page 18 Page 204 Item#8. -- ------A-- ----- ,A _ _ _ N1.PINE,d, Ia f. w_ _ - scnoe io � imusl2 I - 569'24 So't 457 30 evx- - :: .... .... ..... ._....— IfN 14tl 1 1WS 1 COIAMON LOT s: 1 COWON LOi }. GG 71.i,2 9.jft 1.594 sgft ?v! 8 YI.6... f4g1' l6 n d2Y r dB.cY :vl ql I 1 I r �- 14 I 2 _ II OLOCK a g 3O2b °, =1 J 1 I e i9' BLOCK 1J s \ ` f/r ®663 I LEMICK s — II i¢p xpa 7 6.115 _ _ I I tigft . 'FDA f ._. -....... zgy �� tsP' t—,+ { '•.` ::; r I 000 I L L II �I I � , f, � I ��.1•-- r-- �-� 4.4 4,376 e # e.917AqN F to 4.24'F �' '. d�558 4.m I�:, ?`• ®i I eVft— R 'sgff — S agfi- vOi. _ r——99.1' LL- _ a s 4,000 a8 a r I i� L J ,01 32 qft ry a 6 COMMON LOT - 7,952 SOFT 4.0 00 "tft 'I E>r�tt Ba4 4 A,2ti2 F I 10 I i sgft 4,di9 M1 ti, 4.129 agfk i I * sari r LLOCK z a 4. 0 51 �qn— I �1 : a'qf" I 4,227 --t 8 qft �','�• N94'34 Stl"w 192.15 ,as v a 4�1418 0� I 0 564'X3'47'E x n xea.Y-�5���_ Y NW 3V�W d87..1a - ?e9 0 4.0• —«q Page 19 Page 205 Item#8. C. Landscape Plan(date: 4/20/2020)(NOT APPROVED) o�.n..m .....�a c.�.,m.. .�..v o.,...m ..ate.. c I� II IFS I I I I �✓, I I� I �` 9 s 1L--- J L--- --1� --- _�_--- — ———— -- --- _,_ f r_ u I I I de r__________ II ___________ # I 1 i w i� � I �✓: I I I �i I .�^� � I I •� I I y"E I I I I ai I '9� 11 I I I _ w e iI 1 T ■ 1 4 [ i Ir 'F \ �I —7 �`� I I I I I I I I •� �, > �� I rl w ` jKJ E a e j o O® O C a + 0 0 ' 09i m k yC V� F' J y - •F -R2 � i :F i ��m a I� d 9 II � 3 is a a HORSE MEADOWS SUBDIVISION ' n,m iF s v�auaucu en ao.wcac�gre.unmrz 9 ::. " ,�� Q.3 5`s Page 20 Page 206 Item#8. I' I� I ——— —— l e� IL---------- III ———————— \J ( �• 4� — -- I � � I � _� = T a K I • J__________- —I----_______— _________� L— J a (ED O 0'S I H I i & - 1 HORSE MEADOWS SUBDIVISION ,, E3 HERIDIAN,ID-2 D Page 21 Page 207 Item#8. a Arvo��aPErvB.Es ���rv�NNAP m.....,_w........— _ ® .. MArERALSLE ErvB Rv � ' C I e -•• �( �I l l 8L M 11 = w I K � .n. m r' RALL&BURLAP TREE PLnurwc z--.SHRUB Pour uc I3.B cLosso ins ou ssrvcs 4..TUBULAR srssu:-sacs L1.00 Page 22 Page 208 � J 1 �I • r � awoe mail Stan E 'f■a� ■Mk■�■f■\�- IMNR■irf��®rya ' CIE■M-Q■f�iff6aAI an ,ma .0000 SOMMERNWES�w�r� �o■� Hsu: AM r +rrn r . ' �, t -- r I t 1 r i - mom � . a - - Page 26 •I - 4 ti •g' 27 Item#8. �nr oa HSIO Of eXiSti e t e WPA(Not Anolicablel w— m53AWl S I w I I I II � a .ss�ssz n�.al.szas I Md 'm II ci a a Fog Ts 1 ,•i IA A3f ' v Il tp'y� +a b ¢ s' _ a —- — a CS -- - �------------- ,— ' N a� Page 28 Page 214 Item#8. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of rezone of this property. Prior to approval of the rezone ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone 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 rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the submitted and revised plans and conceptual building elevations for the detached single- family dwellings included in Section VII and the provisions contained herein. b. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Direct lot access to N. Black Cat Road and W. Pine Avenue is prohibited. d. Upon approval of the preliminary plat and rezone,the Applicant shall relinquish their rights to use the ingress-egress easement along the south boundary known as W. Quarterhorse Lane. e. Lot 94 n T2leek l (4he lot, Main ng W QuaAer-hor-se Lane)e) shall b buildable lot owned and maintained by the 140A until stteh fifne tha4 it is redeveloped in the futffe as either common open spage or as public riAt o way. Prior-to the GewA:nission hear-ing,the applieant shall-provide an&�i that demonstr-Mes the ex4efision of the 25 foot wide!a-ndseape buffer-,the two "A final plat application shall not be submitted until the Applicant receives approval and provides documentation from all easement holders Parcels S1210325555. S1210325800. & S1210325710)to relinquish their rights to the existing access easement once the public road connection to Pine Avenue is constructed." 2 At least for (l m days-p t the City r,.tme l ho.,fing Prior to Final Plat submittal,the preliminary plat included in Section VII.B, dated 09/n� 'moo "4,N40M 12/08/2020, shall be revised as follows: b. Revise the plat to show the detached sidewalks along N. Black Cat Road and W.Pine Avenue with at least 4 feet of separation between it and the ultimate ACHD right-of-way. e. Add ., Reyj o pla4 note P ,...be- 18«o .,«.1:ng stating tha4 Lot 94-v,Bleek 1 to state:Lot 10- time that it wdeveleps as either-eemmea open Vaee or-as andd-publie r404 of way ei. d.Show hotj,-Bleek 2 as a eemmen open simee-lot ifistead of E1�3�i�ii3 16�r 3. Prior to Final Plat submittal,the landscape plan included in Section VII.C, dated 04/20/2020 shall be revised as follows: Page 29 Page 215 Item#8. a. Revise the landscape plan to show the required shrubs and other vegetative ground cover within the street landscape buffers along N. Black Cat Road and W. Pine Avenue. b. Revise the landscape plan to show the layout of the revised preliminary plat; make any adjustments to the calculations table if needed. c. Revise the landscape plans to show the detached sidewalks along N. Black Cat Road and W. Pine Avenue with at least 4 feet of separation between it and the ultimate ACHD right-of-way. d. Show Let 6,-Bleek 2 as a eemmen open si3aee lot instead of a bttildiai4 let with the e. Revise the landscape plans to show Lot 4-9 8,Block 1 with the required vegetative ground cover. f. Add a detail of the proposed tet-let amenity to the landscape plans to ensure quality of structures. g. Construct a 5-foot wide micro-path south of Lot 20.Block 2 that connects to the sidewalk alone the west side of N. Traauair St. and to Black Cat Road. 1)bttildiag eleva4iens depieting these homes tha4 afe alley leaded a-ad side leaded,and; 2) e4iibits showing sethaek eemplianee with the proposed building lot sizes and differ-eat style 5. Future development shall be consistent with the R-8 dimensional standards listed in UDC Table 11-2A-6 for all buildable lots. 6. All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 7. 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. 8. Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 9. 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. 10. The fagade of structures that face N. Black Cat Rd. and W. Pine Ave. shall incorporate articulation through changes in materials,color,modulation, and architectural elements (horizontal and vertical)to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Meridian Design Manual. 11. The Applicant shall adhere to all ACHD conditions of approval. 12. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 13. 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. Page 30 Page 216 Item#8. 14 At least for (104 days pr- t the Gi ,Couneil heafing,the n iieaPA shallo e thM no tfe B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 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. 1.2 The water-main dead end a4 the eul de sae must be ex4eaded to the not4l+west via the eofmn lot padi-way and tied in4e the &Eistiag 9" water-main stu in Blaek Cat. This stub is not 1.3 Due to service crossing issues,please relocate the storm drainage beds on the south end of the project to the east-west roadway. 1.4 Relocate the east-west sewer alignment at the southwest corner of the development to connect to the existing manhole that is closer to the south property boundary in N. Black Cat Road. 1.5 Applicant to abandon the existing water main stub,per Meridian Public Works standards, near the northwest corner of the development in N. Black Cat Road. 1.6 Conneet the wa4efmaia at the seu4h end of N. Tr-aqttair-St-feet to the e*isfiag mainline in N. Blaek Cat Read. The aligamefft of this eenneetion should follow established ut4it� 1.7 The applicants design engineer has indicated that a geotechnical site investigation was conducted by MTI(Materials Testing&Inspection)dated December 4,2019, indicating that groundwater was encountered at 14-feet below ground surface. It was also stated that the MTI report concluded that groundwater would remain greater than 4-feet below ground surface. The actual MTI report was not submitted with the application, and typically they highlight any specific soils concerns, and 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 shallow groundwater does not become a problem with home construction. Prior to this application being considered by the Meridian City Council, the applicant shall be required to submit the MTI report and any up to date ground water monitoring data based upon current adopted building codes, as well as any other updated geotechnical information or recommendations since the initial work. 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 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 Page 31 Page 217 Item#8. forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required.If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 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 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. Page 32 Page 218 Item#8. 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 project. 2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.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(MFD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=190297&dbid=0&repo=MeridianC iv D. POLICE DEPARTMENT(MPD) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=190779&dbid=0&repo=Meridian C hty E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.ory/WebLink/Doc View.aspx?id=191217&dbid=0&repo=Meridian C iv Page 33 Page 219 Item#8. F. CENTRAL DISTRICT HEALTH DEPARTMENT(CDH) https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=190615&dbid=0&repo=Meridian C hty G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:11weblink.meridiancity.org/WebLink/Doc View.aspx?id=194266&dbid=0&repo=MeridianC hty IX. FINDINGS A. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Commission finds the proposed zoning map amendment to R-8 and proposed use are consistent with the Comprehensive Plan, if all provisions of the Development Agreement and conditions of approval are complied with. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Commission finds the proposed zoning map amendment and use of detached single-family dwellings complies with the regulations outlined for the requested upzone to the R-8 zoning district, specifically the purpose statement. 3. The map amendment shall not be materially detrimental to the public health,safety, and welfare; Commission 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 Commission finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The property is already annexed into the City of Meridian. Therefore, Commission finds that this finding is not applicable. 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; City Council finds that the proposed plat, with Staffs recommendations, is in substantial Page 34 Page 220 Item#8. compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan analysis and other analysis 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; City 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, City 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; City 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 VIII for more information.) 5. The development will not be detrimental to the public health, safety or general welfare; and, City 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 approves of the project. 6. The development preserves significant natural,scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 35 Page 221 EXHIBIT C Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW =— AND DECISION & ORDER In the Matter of the Request for Development Agreement Modification to amend the draft agreement approved with Horse Meadows Rezone and Preliminary Plat(H-2020-0060),by Riley Planning Services. Case No(s). H-202I-0050 For the City Council Hearing Date of: September 28, 2021 01ndingrs on October 12, 2 02 1) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of September 29,2021, incorporated by reference) Process Facts(see attached Staff Report for the hearing date of September 28,2021, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of September 28, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of September 28. 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 comments)received froth the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval.are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Horse Meadows MDA-FILE#H-2021-0054) - Page 222 Item#8. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of September 28,2021,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 § i 1-5A 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 Development Agreement Modification is hereby approved per the conditions of approval in the Staff Report for the hearing date of September 28,2021,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 I 1-6B-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. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Horse Meadows MDA—FILE#H-2021-0050) -2- Page 223 Item#8. 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 67-651IA. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved,said development agreement shall be signed by the property owner(s)and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521,any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of September 28,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Horse Meadows MDA—FILE#H-2021-0050) -3- Page 224 By action of the City Council at its regular meeting held on the 12th day of October 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 10-12-2021 Attest: Chris Johnson 10-12-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 10-12-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Horse Meadows MDA—FILE#H-2021-0050) -4- Item#8. EXHIBIT A STAFF REPORT E II3IAN =.-- COMMUNITY DEVELOPMENT DEPARTMENT HEARING *�'h^�T 9/28/202I Legend DATE: _ J ,Project Locafor ; TO: Mayor&City Council 1~ROAM: Joseph Dodson,Associate Planner ll II' _ +-- - r 208-884-55 i3 SUBJECT: H-2021-0050 �,, Horse Meadows MDA -- - - LOCATION: The site is located at 710 N. Black Cat,at the southeast corner of N. Black Cat Road and W. Pine Avenue,in the NW IA of the NW '/4 of Section 10,Township 3N., Range I W. 1. PROJECT DESCRIPTION Development Agreement Modification to amend the draft agreement approved with Horse Meadows Rezone and Preliminary Plat(H-2020-0060),by Riley Planning Services. 11. SUMMARY OF REPORT A. Applicant: Penelope Constantikes, Riley Planning Services—PO Box 405, Boise, ID 83701 B. Owner Representative: Black Cat 30 LLC— 1420 S. Mills Avenue, Ste. M.Lodi,CA 92542 C. Representative: Same as Applicant III. STAFF ANALYSIS The Applicant proposes to amend the draft Development Agreement (DA) for the approved Horse Meadows Subdivision (H-2020-0060) to modify DA provisions, add provisions, and subsequently update the approved concept plan. See Section V for Staffs recommended changes to the existing DA provisions. History: The subject site was granted approval for a Rezone and Preliminary Plat in 2020 (H-2020- 0060)for a rezone to the R-8 zoning district and a plat consisting of 26 building lots on 4.71 acres of land. The property's existing access is via a private access to Black Cat Road,W. Quarterhorse Lane, that also provides access for three (3) other parcels to the east and southeast (Parcels S1210325555, S 12I 0325800,&S 1210325710).To help ensure that this access was removed consistent with UDC I I- Page 1 Page 226 ttem#$. EXHIBIT A 3A-3 and ACH❑policies, a DA provision was included that required all servient parcels to relinquish their rights to the private lane easement prior to this project prior to submitting for final plat approval. To date, three (3) of the four (4) servient sites (including the subject site) have signed an Easement Modification Agreement (see public record for document) to relinquish their access rights and take access through the approved public street connection to Pine Avenue, one(1)of the servient sites has declined to relinquish their easement rights. Therefore, the Applieunt is r-equestiHg to modify the draft DA so that they may submit n signed DA_ officinRy rezone fly propert3 and a ntinuplatting this subjeet site while maintWning the Quarterherse 1,aue oeeess for- thO Offe eUSeifleRt Because Quarterhorse Lane is a private easement, ACHD cannot require its closure (as detailed throughout the original staff report and ACH❑ staff report). However,the City attempted to reduce an access to Black Cat (an arterial) by including a ❑A provision requiring its closure prior to final plat submittal via each easement holder relinquishing their access rights. Per the Applicant, the refusal of one of the easement holders to relinquish their easement rights functionally renders this property useless with the current DA language regarding the access. Following the August 24"' hearing, the Applicant obtained legal counsel regarding their proposal as well as potential alternatives. On September 16,2021, the City received a letter fi-oin Kronbei g Laiv, a land use legal firm, dated August 27, 2021, outlining the existing conditions, the requested changes proposed for the August 24"' hearing, and other potential remedies for the subject access easement issue. l» response to this legal determination,the Applicant is now proposing to_move the easement from its existing location along the south boundary to overlay the proposed new public street approved with the Horse Meadows Preliminary Plat, This proposal is in lieu of the original proposed changes to the site plan and the DA and Staff supports this alternative based on review of the information provided within the letter from Kronberg Law. The Applieant is pr-epesing to amend the DA — question and add additional pr-avisiens to ensur-e the existing travel lane is ma a i ned fori-,11h. a-V ep 113.en 1i a de r wh i 1 e p m v i di ng ass ff an e e s for-the Qy to stfiet a o s to efily this easeimmeRt lieldeF -.o. afidlie-"T'.er4s Stafiharequested langHage in the same exhibit belaw. The eoncept plan and prelirninary plat in the existing DA depi of Quarter-hor-se Lane area- green S itee eentaifiiHg t1filities and a pedestfian aeeess to Blaek Cat. See Exhibit B for- the e*isting eaneep! plan. As paft of this DA Madiflea4ion and request to amend !he provisions, the eaneep! plaft 100 feet into the siIe ffom!he edge of pavemen!!hat will be aceessed only by!he City and the remaining ,*heldeF. ,fore, Staff reeomoviends approval of4he IV. DECISION A. Staff: Staff recommends approval of the modification to the draft DA of Horse Meadows Subdivision(H- 2020-0060) as recommended by Staffs analysis above and with the specific changes below., Page 2 Page 227 Item#8. EXHIBIT A generally Laensis4e f with the n pplie ni's requested language. 4 6, The Meridians Council heard these items on September 28.2021 t the public_hearing.the - L Summary of the ON Council public hearing: a. In favor: Penelope Constantikes, Applicant Representative b I_ns gosi ion:_lV n c, Commentin encla a Constantik-es d. Witten testimony:None. c. Staff-ums-entingatzplicali=Joseph Dodsor4-Associate-Kanner f. Other Staff commenting on a lnn icati4n: Bill Nary_Cit� rc�ne� ?_ kcy issue of public testimony: a. .lMr,1�I9�r�nt si#���i�b�z��1;��bQu3-d u t�s an��c m W-Shr posed.jocatim with approved plat. 3. Ka issue[&]of discussion-by City CQuncil; -- a. Can access he changed without consent of all casement holders; h- Would_including a gate nut the City inane+legal jeopar z C-, �1lowin CoCounoi] contin� tce and leeal� ttonr�atKronber La��does Staff �]a��uueern�r�it��9i�osaI tQmove ac�es��as�lrte�ti� - Page 3 Page 228 ttem#8. EXHIBIT A V. EXHIBITS A. Development Agreement provisions from approved Draft DA(H-2020-0060): 1.Existing Provisions: 5. CO DITIGVS GOVER_tiLXG DEVELOYME1T OF SUBJEC-T 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 submitted and revised plans and conceptual building elevations for the detached Single-family dwellings included in Section VII of the Staff Report attached to the Findings of Fact and Conchisions of Lav-attached hereto as exhibit-B".and the provisions contained herein. b. The Applicant shall comply with the ordinances in effect at the time of application submittal. c. Direct lot access to�. Black Cat Road and W. Pitte Avenue is prohibited. d. Upon approval of the prel:6iinary plat and rezone.the Applicant shall relinquish their rights to use the inzress-egress easement along the south bowidary kno�--n as W. Quarterhorse Lane. e. A final plat application shall not be submitted until the Applicant receives.approval and provides documentation from all easement holders (Parcels S1210325555. S1210325800. & S L21032 5710) to relinquish their rights to the existing access easement once the public road connection to Pine Avenue is constricted. Page 4 Page 229 ttem#$. EXHIBIT A 2. Staffs Recommended Changes: 5.1.a-5.1.c: No recommended changes. 5.1d-t rpen approval "f the pre!im „a,..,p1 at and r a With final plat application submittal, the Applicant shall relinquish their rights to use the ingress-egress easement-Qn the subiect 5dt l"""-the—satitlib.-.,s.,daFy known as W. Quarterhorse Lane. 5.1e- ° final plat Y,heat.,-n shall not be submitted Prior to sigpature on the Final Plat the Applicant shall demonstrate that the existing asement that prpyides access to arIs S 1210325555, S1210325800, & S 121032571 a has peen extinguished or relocated for the City's ctiom) to relinquish their-rights to the existing aceess easement one " 2VREg��Ihe Applic-am shall felinquish their-r-iots ggase to use thei - g easement ale"_ 5.1.eE "A final plat applieation shall iiet be submitied until the,kppliean!reeeives appr-aval and. provides Easement Medifieation Agreement doemumentation ffom ail easement holder-s-Of(Pai-e weess easement enee the peblie read eennee(ieii to Pine Avenue is esfistfueted." Add ProvisionE "The owner of Paf;eel S 1210325900 wishes to retain ingress and egfess aeoess eemnion let.The remaining 30 feet af the easement area will iiielude sawer-and sen,e Her-se Meadows Subdivision aiid a pedestf ian aeeess to Blaek Gat R ead The 20 feat A'- tmvel lane will also serve as access for the City of Meridian Pbablie Wor4cs for mainienance an repair f thesewer- r.a water FAaiiis and f. -o Par-eel S 1210325 900, 1 it;a and safety emeFgefley vehiel es'and City ;_;idia-1:1 Public- Aledks aeoess for maintenance and-repair of the sewer and. crier mains, and p ride yehie1e stacking, gate shall be installed approximately 100 fee!fpom!he edge of payemen! of Blackc Gat Road; - Page 5 Page 230 ttem#s. EXHIBIT A B. Existing❑A Concept Plan/Approved Preliminary Plat: ff TOM I :'�% � . oar,lon Inl� _ Y'•.� caM.,y-._-r���#�I Bkfl[IG c Iti 4-1 I � I I �.• 1 r � I Mn� I"' IIIII •1'1 �_ s� 2. na • C 15 l �• a sAdl a owl or Air 01 S !I S nn 090_M1 Lc mt I MW t FI B F ,,.e• r a r. r I ��■ sar t OAQd SI ,a. .... ..... 1 I xl� 1l1I 3."K z *& + ■.OPr F 1 _la• + I- - _ ads- •. tl - I mle I 1 - -sni3Y�Y'f ib -w. � 1 4l C. Revised Planaii' Page 6 Page 231