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Woodcrest Townhomes H-2021-0015 (2022-018604) ADA COUNTY RECORDER Phil McGrane 2022-018604 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 02/23/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Don Newell,Landmark Pacific Development, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 22 day of FebruaEy 5 20 22,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 Don Newell, Landmark Pacific Development, LLC whose address is PO Box 1939, Eagle, ID 83616, hereinafter called OWNEWDEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for a rezone of 2.1 acres of land from the L-O (Limited Office) to the R-15 (Medium-High Density Residential) zoning districts on the property as shown in Exhibit"A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS,the record of the proceedings for requested 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 DEVELOPMENT AGREEMENT—WOODCREST TOWNHOMES(H-2021-0015) PAGE 1 OF 8 1.7 WHEREAS, on the Wh day of January, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit`B"; and 1.8 WHEREAS, 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. 3.2 OWNER/DEVELOPER: means and refers to Don Newell, Landmark Pacific Development,LLC,whose address is PO Box 1939,Eagle,ID 83616 hereinafter called OWNER/DEVELOPER, 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 DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 2 OF 8 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 consistent with the conceptual development plan, preliminary plat and building elevations included in Section VII of the Staff Report contained Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and the provisions contained herein. b. Future development shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted and approved for the single-family attached and townhouse structures prior to submittal of building permit applications. C. Direct lot access via Hickory Way is prohibited except for the private street common lot. d. The proposed development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and also incorporate connectivity with adjacent uses and area pathways,attractive landscaping and a project identity consistent with the Medium High-Density Residential Future Land Use Map designation in the Comprehensive Plan. e. The subject property shall be subdivided prior to submittal of a building permit application (s) for the site. f. The Applicant shall work with the property owner to the east to extend the private street to Hickory Way if possible in order to better facilitate emergency access to the site for wayfinding purposes. Note: The private street is required to connect to the collector street(i.e. N. Hickory Way); the connection requires approval from ACHD. If not possible to connect, the Applicant shall submit an application for alternative compliance to UDC 11-3F-4A-2. 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-WOODCREST TOWNHOMES(H-2021-0015) PAGE 3 OF 8 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period.In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-6511 A,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 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. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 4 OF 8 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 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/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/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: Don Newell Landmark Pacific Development, LLC PO Box 1939 Eagle, ID 83616 DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 5 OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, 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. DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 6 OF 8 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT-WOODCREST TOWNHOMES(H-2021-0015) PAGE 7 OF 8 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. O EVELOPER: Lan ar acif c Development, LLC By: Dori Newell CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-22-2022 Chris Johnson, City Clerk 2-22-2022 STATE OF IDAHO ) ss: County of Ada ) On this � day of �� ,20A before me,theundersigned,a Notary Public in and for said State, personally appeared Don Newell known or identified to me to be the P 'u!!nc T of Landmark Pacific Development,LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said company. IN WITNESS 'WHEREON', I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _ STEVEN TUAL ULELEI Notary Public-State of Idaho Notary Public for Commission Number 20202202 .Residing at: fe f'., 1- My Commission Expires Jun 19,2026 My Commission Expires: STATE OF IDAHO } ss County of Ada ) On this 22 day of February ,20_L2,before me, a Notary Public,personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,ofthe City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed nay official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2022 DEVELOPmENf AGREEMENT---WooDCREST TowNHOMEs(H-2021-0015) PAGE 8 OF 8 EXHIBIT A Rezone Legal Description and Exhibit Map WOODCREST TOWNHOMES SUBD1VIsIoN EXIIIBIT'A' LFGAI.DESCRIPTION A PARCEL,LOCATED IN THE SOUTIWEST 1/4 OF TIM SOUTIIEAST 1/4 OF SECTION 5,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO BEING A PORTION OF LOT 4,BLOCK I OF MALLANE SUBDIVISION,AS SHOWN IN 1300K 17 OF PLAI'S ON PAGES m l THROUGH 9883,RECORDS OF ADA COUNTY, IDAHO,AND MORE PARTICULARLY DESCRIB FD AS FOLLOWS: COMMENCING AT THE SOL7H 1/4 CORNER OF SAID SECTION 5 AS SHOWN ON SAID PLAT; THENCE NORTH 06028'03"EAST A DISTANCE OF 67.14 1'E1=1''1'O A 5/8 INCH D1AMI"TE.R IRON PIN MARKING THE SOUTHWEST CORNER OF LOT 3, BLOCK I OF SAID MALLANE SUBDIVISION. THENCE CONTINUING NORTH 00"28'03"EAST ALONG THE WESTERLY LINE OF SAID LOT 3,A 1ISTANCE OF 252.95 FEET TO A 112 INCH DIAMETER IRON PIN MARKING TIIE SOUTHWEST CORNER OF SAID LOT 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 44028'03"EASTALONG THE WESTERLY BOUNDARY OF SAID LOT CA DISTANCE OF 129.73 FEET TO A 5/9 INCH T)TAMF.TF.R IRON PiN; THENCE NORTH 430 19'32"EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 257.72 FEET TO 518 INCH DIAMETER IRON PIN; THENCE CONTINUING NORTH 43019'32"EAST ALONG TIIE NORTIIEASTERLY PROLONGATION OF SAID NOTHWESTERLY BOUNDARY, A DISTANCE OF 34.49 FEET TO THE CENTER LINE OF NORTH HICKORY WAY; THENCE SOUT4 76°12'56"EAST ALONG SAID CENTER LINE,ADISTANCE OF 90,01 FEET TO THE BEGINNING OF ATANGENT CURVE,CONCAVI~SOUTHWESTERLY, HAVING A RADIUS OF 400.00 F EE-T; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE AND SAID TANGENT CURVE,93.24 FEET THROUGH A CFNTRA I.ANGLE OF 13021'21"TO A POINT OF INTERSECTION WITH THE NORTHERLY PROLONGATION OF THE EASTERLY BOUNDARY OF SAID LOT 4; Woodcrest Townhomes H-2021-0015 Page 224 Item#12. PAGF.I OF 2 THENCE SOUTH 00026'44"WEST ALONG SAID PROLONGATION,A DISTANCE OF 33.93 FEET TO A 1/2 INCH DIAMETER IRON PIN MARKING THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH 00°26'44"WEST ALONG SAID EASTERLY BOUNDARY,A DISTANCE OF 210.08 FEET TO A 519 INCH DIAMETER IRON PIN; FHENCE LEAVING SAID EASTERLY BOUNDARY NORTH 89°34'20"WEST,A DISTANCE OF 244.66 FEET TO A 5/8 INCH DIAMETER IRON PIN; TI IENCE SOUTH 00°28'04"WEST,A DISTANCE OF 47.00 FEET TO A 5/9 INCH DIAMETER IROIti PIN ON THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE NORTH 89037'22"WEST ALONG SAID SOUTHERLY BOUNDARY,A DISTANCE OF 129.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2.10 ACRES. MORE OR LESS. EXHIBIT`B'ATTACEII D HERETO AND BY THIS REFERENCE MADE A PART HEREOF. L 96 7732 OF to P �qA�p �►.d�' Page 225 Item#12. m 5ifi r , 3 !r K rn� M N t.� C a . ... ... g LAN O $ n w � �� a '��BF tCP�Q 'gyp A• . JN14120 Annexation Description 4/21/2021 Scale: 1 inch= 58 feet File: Tract 1:2.1063 Acres(91752 Sq.Feet).Closure:nO0.OD00e 0.00 ft.(11281991).Perimeter=1270ft. 01 n00-2803e 129.73 08 n89-3420w 244.66 02 n43.1932G 257.72 09 s00.2804w 47 03 n43.1932e 3448 10 n89,3722w 129.2 04 s75.1255e 90.01 05 Rt,r-400 00,cbha=013 2121,arc--M.24 05 SOD.2644w 33.93 07 s00.2644w 210.08 Page 226 EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�fIEN DIb�N AND DECISION& ORDER In the Matter of the Request for Comprehensive Plan Future Land Use Map (CPAM)to Change the Future Land Use Designation on 2.10-Acres of Land from Commercial to Medium High- Density Residential; and Rezone(RZ)of 2.10-Acres of Land from the L-O (Limited Office)to the R-15(Medium High-Density Residential) Zoning District.Preliminary Plat(PP)Consisting of 19 Building Lots and 4 Common Lots(Including One Lot for a Private Street)on 1.97-Acres of Land in the R-15 Zoning District for Woodcrest Townhomes Subdivision,by Blaine A.Womer Civil Engineering. Case No(s).H-2021-0015; H-2021-0082 For the City Council Hearing Date of: January 4,2022 (Findings on January 18, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 4, 2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 4, 2022, incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of January 4,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 4,2022,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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WOODCREST TOWNHOMES-CPAM,RZ H-2021-0015;PP H-2021-0082 - 1 - Item#12. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 4,2022, 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 a comprehensive plan map amendment,rezone and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 4,2022, attached as Exhibit A. A development agreement is required as a provision of the rezone. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WOODCREST TOWNHOMES—CPAM,RZ H-2021-0015;PP H-2021-0082 -2- Page 228 Item#12. 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 January 4, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WOODCREST TOWNHOMES—CPAM,RZ H-2021-0015;PP H-2021-0082 -3- Page 229 By action of the City Council at its regular meeting held on the 18th day of Jamury 2022. 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 Simison 1-18-2022 Attest: Chris Johnson 1-18-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-18-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR WOODCREST TOWNHOMES-CPAM,RZ H-2021-0015;PP H-2021-0082 -4- Item#12. EXHIBIT A STAFF REPORTC�WEIIDIAN COMMUNITY DEVELOPMENT DEPARTMENT HEARING January 4, 2022 Legend DATE: IffIlr�1l _ II..IJ�s`- Luca-ur TO: Mayor&City Council FROM: Sonya Allen,Associate Planner ; 208-884-5533 SUBJECT: Woodcrest Townhomes H-2021-0015 (CPAM&RZ) H-2021-0082 (PP,PS) - - r LOCATION: 1789 N. Hickory Way, in the SE '/4 of Section 5,Township 3N.,Range IE. The Commission heard the CPAM&RZ requests on June 3Yd and July 1"and recommended approval of these applications to City Council. At the City Council hearing on Sept. 7`h, City Council directed the Applicant to submit a preliminary plat(PP) application to be heard concurrently with the CPAM&RZ requests. The Applicant submitted a PP application as directed&Staff updated the staff report to include analysis on the PP application (see underlined text). The Commission heard the PP application on December 2, 2021 and recommended approval to City Council. A private street application was submitted for approval of an internal private street for access to the proposed lots. I. PROJECT DESCRIPTION Amendment to the Comprehensive Plan Future Land Use Map(CPAM)to change the future land use designation on 2.10-acres of land from Commercial to Medium High-Density Residential; and Rezone(RZ) of 2.10-acres of land from the L-O(Limited Office)to the R-15 (Medium High-Density Residential)zoning district. Preliminaa Plat(PP) consisting of 19 building lots and 4 common lots (including one lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. A private street(PS)is proposed for internal access to the proposed lots. Page 1 Page 231 Item#12. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 1.97-acres Future Land Use Designation Commercial Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Residential and office Current Zoning Limited Office(L-O) Proposed Zoning R-15 (Medium High-Density Residential) Lots(#and type;bldg/common) 19 building/4 common Phasing plan(#of phases) NA Number of Residential Units(type 19 units(single-family attached&townhouse dwellings) of units) Density(gross&net) 9.64 units/acre(gross)/13.5 units/acre(net) Open Space(acres,total[%]/ NA buffer/qualified) Amenities 10'wide multi-use pathway along Meridian Rd./SH-69 Physical Features(waterways, None hazards,flood plain,hillside) Neighborhood meeting date;#of 1/28/21; 10 attendees attendees: History(previous approvals) Annexed&subdivided in 1992 as Angel Park Sub. (Lot 1, Block 1)with L-O zoning;re-subdivided in 2001 (Mallane Commercial Complex PP-00-021);FP-03-001 (Lot 4,Block 1);H-2017-0165 (RZ&CUP—denied) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no • Existing Conditions Hickory Way is improved with 2-travel lanes,curb,gutter& 5'attached sidewalk.No additional improvements or right-of- way dedication is required with this application. • CIP/IFYWP NA Access(Arterial/Collectors/State Access is proposed via the existing driveway via Hickory H /Local)(Existin and Proposed) Way. Proposed Road Improvements None Fire Service See Section IX.0 Police Service No comment. West Ada School District Distance(elem,ms,hs) Page 2 Page 232 Item#12. Capacity of Schools Approved prelim Approved MF Enrolled plat parcels per units per Miles #of Students Enrolled for 21-22 Ca aci attendance area attendance area °eV 1-1-1 River Valley Elementary 445 700 571 764 1.6 Lewis&Clark Middle School a" 1000 978 1319 2.4 Centennial High School 1981 1900 549 1234 4.8 School of Choice Options Pioneer Elementary(Arts) 713 775 N/A N/A 4.4 Spalding Elementary(Stem) 697 750 N/A N/A 4.1 Wastewater • Distance to Sewer Services Directly Adjacent • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14.14 • Project Consistent with WW Yes Master Plan/Facility Plan • Impacts/Concerns •Do not have services crossing private lots •Flow is committed. •Existing sewer not shown correctly.Missing existing manhole and shown as extends further into the property then existing sewer actually goes. •There is an existing 8" stub from existing manhole that looks like it will not be used.If this is the case the existing stub must be abandoned at the manhole per City Requirements. •Ensure that infiltration trenches are located so that sewer services do no pass through them. Water • Distance to Services Directly adjacent • Pressure Zone 3 • Estimated Project Water See application ERU's • Water Quality Concerns None • Project Consistent with Yes Water Master Plan • Impacts/Concerns •Do not have services crossing private lots Page 3 Page 233 Item#12. C. Project Maps Future Land Use Map Aerial Map Le end r Le end 61ESF Nam` E� -f;`: ff g i max ld110 Ri'i 0 Pr6H_—_iLooafion .1diu: I Pro-ec- tcca-v.. ''AM02.1 - 'RS r + — -- h � dal sldmfi�l = U- rlSlfrr4� +° L I ue•FL r rRB IdIiflai Ir� U - i AR, t - Zoning Map Planned Development Map ®h1uT R;2{�Rj k� I - ` Legend Legend � R Proe -Lc a= r ® - 1 1 R-4 Proeci L+mafKIn g R- U + i C Py Lem = R - � Pbnned Parcel L RU L-0 ti 1 1 C-G � o 0 $o L- L T�3 J - � r s 4 �11 '� I FT III. APPLICANT INFORMATION A. Applicant: Andrew Newell,Blaine A.Womer Civil Engineering—4355 W. Emerald St., Ste. 145,Boise, ID 83706 B. Owner: Don Newell,Landmark Pacific Development,LLC—PO Box 1939,Eagle, ID 83616 Page 4 Page 234 Item#12. C. Representative: Same as Applicant IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper notification published in newspaper 5/14/2021 & 11/16/2021 7/23/2021 & 12/19/2021 Radius notification mailed to property owners within 300 feet 5/12/2021 & 11/10/2021 7/20/2021 & 12/15/2021 Public hearing notice sign posted on site 6/10/2021 & 11/19/2021 7/15/21 & 8/23/21 & 12/15/21 Nextdoor posting 5/11/2021 & 11/12/2021 7/20/2021 & 12/16/2021 V. COMPREHENSIVE PLAN ANALYSIS LAND USE: This property is designated as Commercial on the Future Land Use Map(FLUM)contained in the Comprehensive Plan. This designation provides for a full range of commercial uses to serve area residents and visitors. Desired uses may include retail,restaurants,personal and professional services,and office uses, as well as appropriate public and quasi-public uses. The Applicant proposes an amendment to the FLUM to change the existing Commercial designation to Medium High-Density Residential(MHDR). The MHDR designation allows for a mix of dwelling types including townhouses, condominiums, and apartments. Residential gross densities should range from 8 to 12 dwelling units per acre. These areas are relatively compact within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity. The Applicant proposes to develop the site with a total of 19 single-family attached and townhome dwellings at a gross density of 10.8 units per acre consistent with the land uses and density desired in MHDR designated areas; a-a o ffiee building. This site abuts a larger residential neighborhood to the north and is located in close proximity to mixed use designated land and employment uses to the east and southeast, including vacant land yet to be developed, The Village at Meridian, Scentsy and other uses along the Eagle Road corridor,which will provide convenient access to services and jobs for residents. The development should incorporate high quality architectural and site design to ensure quality of place and incorporate connectivity with adjacent uses and pathways and include attractive landscaping and a project identity as desired in MHDR designated areas. Transportation: The Master Street Map(MSM) does not depict any collector streets across this property. Goals,Objectives, &Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property(staff analysis in italics): • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Page 5 Page 235 Item#12. The proposed single-family attached dwellings and 3- and 4-unit townhomes will contribute to the variety of residential housing types in this area and within the City as desired. Single-family detached and attached homes exist to the north and northeast in Dove Meadows subdivision, zoned R-8. • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC I1-3A-21. • "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City."(2.01.01 G) The proposed single-family attached and townhouse dwellings will contribute to the diversity in housing types in this area, which currently consist of single family attached and detached homes. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed residential uses will provide a transition in uses between existing single-family homes to the north and commercial/office uses to the south. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) The proposed residential development and site design should be compatible with existing abutting single-family residential homes to the north. • "Support infill development that does not negatively impact the abutting, existing development. Infll projects in downtown should develop at higher densities, irrespective of existing development." (2.02.02C) The proposed residential infill development shouldn't negatively impact abutting development as existing uses are also residential in nature and the medium high-density residential uses will assist in providing a transition to the commercial/office uses to the south. • "Maintain a range of residential land use designations that allow diverse lot sizes,housing types, and densities."(2.01.01C) The proposed MHDR FL UM designation for this property will contribute to the range of residential land use designations in this area of the City which mainly consists of medium density residential (MDR). • "Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development."(3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision;services are required to be provided to and though this development in accord with current City plans. • "Require appropriate landscaping,buffers, and noise mitigation with new development along transportation corridors(setback,vegetation, low walls,berms, etc.)."(3.07.01C) A street buffer already exists along N. Hickory Way, a collector street, along the northern boundary of the site. Page 6 Page 236 Item#12. • "Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks,water and sewer utilities."(3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the future subdivision. • "Maximize public services by prioritizing infill development of vacant and underdeveloped parcels within the City over parcels on the fringe."(2.02.02) Development of the subject infill parcel will maximize public services. VI. STAFF ANALYSIS A. COMPREHENSIVE PLAN MAP AMENDMENT(CPAM) As discussed above,the Applicant requests an amendment to the FLUM to change the future land use designation on 2.10-acres of land from Commercial to MHDR for the development of 19 single-family attached and townhome dwellings at a gross density of 10.8 units per acre. An exhibit map showing the existing and proposed FLUM designations is included in Section VIII.A. Approval of the proposed amendment to MHDR will contribute to the range of residential land use designations and diversity in housing types and densities in this area as desired. Additionally, it will provide for a transition in land uses between existing medium density residential uses to the north and commercial/office uses to the south and east. The change to a residential designation and subsequent proposed development will provide for fewer vehicle trips per day than would result from commercial development. For these reasons, Staff is in support of the request for a map amendment to MHDR. B. REZONE(RZ) The Applicant proposes to rezone 2.10-acre of land from the L-O(Limited Office)to the R-15 (Medium High-Density Residential)zoning district consistent with the proposed FLUM designation of MHDR. A legal description and exhibit map for the rezone area is included in Section VIII.B. This vacant/undeveloped property is an enclave surrounded by property developed with single-family residential uses to the north and commercial/office uses to the south and east; only the property to the west is yet to develop. Developent of the subject property will provide more efficient provision of City services. A conceptual site plan and building elevations were submitted showing how the property is planned to develop with(19) single-family attached and townhouse dwelling units consisting of(1) single-family attached structure,(3)3-unit townhouses, and(2)4-unit townhouses2,500 square feet e bu n . The property is plafmed-proposed to be subdivided*'wough a fubi e appheatio . The existing subdivision plat(i.e. Mallane Subdivision)requires all lots in the subdivision to obtain conditional use permit approval prior to construction commencing on the lots; this requirement will be removed with re- subdivision of the property. The existing plat also depicts a 10' PUDI easement and 25' wide landscape easement along the west and north boundaries and a sanitary sewer,water main and public utilities easement along the east boundary of the site. The landscape buffer easement will be removed since a landscape buffer isn't required between residential uses and the PUDI easements will be replaced with new easements with the future plat. Single-family attached and townhouse dwellings are listed as a principal permitted use in the R-15 zoning district per UDC Table 11-2A-2. Future development is subject to the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Page 7 Page 237 Item#12. The conceptual development plan depicts access to the site via a cross-access easement from an existing driveway from N. Hickory Way, a collector street; no stub streets exist to this property. Direct access via N. Hickory Way is prohibited. A private street is planned to provide access to the proposed development and for addressing purposes; an application for such should be submitted prior to the City Council meeting with the preliminary plat application and compliance with the standards listed in UDC 11-3F-4 is required. Staff recommends the Applicant work with the property owner to the east to extend the private street to Hickory Way in order to better facilitate emergency access to the site for wayfinding purposes and to comply with UDC 11-3F-4A.2,which requires the private street to connect to a local or collector street. An attached sidewalk is proposed along one side of the private street for pedestrian access. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6. A minimum of 2 spaces are required per dwelling unit for 1-and 2-bedroom units,with at least one of those in an enclosed garage,the other space may be enclosed or a minimum 10' x 20' parking pad. For 3-and 4-bedroom units, a minimum of 4 spaces are required per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad. Garages are proposed for each unit with parking pads in front of the garages. Twenty(20)extra spaces for guests are proposed in the common areas-neafthe eff4y. On-street parking is not allowed due to the width of the private street. A mininium of one(1) off street pafking ir-ed for-every 500 squar-e feet(s.f) of gross fleer- area for-nen residential uses (i.e. the offiee). Based on 2,500 s.f-. for-the office, a minimum of(5) spaees spaees for-the effiee ener-eaeb within the r-equifed 20 feet wide biiff�t:to t:esidefttial uses,whieh is fiet allowed.An office is no longer proposed. Because the site is below 5-acres in size, qualified open space and site amenities are not required by the UDC per UDC 11-3G-2. A total of 419 0.40-acre of open space is proposed as shown on the concept plan,which includes the street buffer alongH ickory Way and parking. A 20-foot wide landscaped street buffer and attached sidewalk exists on this site along N. Hickory Way that was installed with the subdivision improvements that is proposed(and required)to remain. Conceptual building elevations were submitted for the single-family attached and 3-unit and 4-unit townhouse structures as shown in Section VIII.D. Building elevations consist of a mix of materials including horizontal wood siding,vertical board and batten siding,wood shake siding and cement plaster with stone veneer accents and architectural asphalt roofing. Geneeptual building elevations were also submitted for-the offiee with building FaateFials eensisting of eemeat plaster-with stene veneer-and deeer-ative wood timber-aeeeffts and ar-ehiteetur-al asphalt roofing eensistent with the r-esidefttial Final design of all structures is required to comply with the design standards in the Architectural Standards Manual. Detailed review of the elevations for compliance with these standards will take place with the Ge fti fieate of Zoning Comp4anee and Design Review application prior to application for building permits. The City may require a development agreement(DA)in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed with this application, Staff recommends a DA is required with the provisions discussed above and included in Section IX.A. Staff Recommendation: , development of this site is diffieult. The proposed eoneept plan with an offlee at the southeast eor-ner-with par-king that ener-oaehes within the required land use buffer-does not eompty with UDC standards as noted .,1....,e and i nstr;eted.The Comprehensive Plan states development in MHDR designated areas should incorporate high quality architectural and site design to ensure Page 8 Page 238 Item#12. quality of place and incorporate connectivity with adjacent uses and pathways and include attractive landscaping and a project identity. To achieve this goal and alleviate some of the spaeial eonstr-ictions on the site, Staff recommends as a provision of the rezone that the office building is removed f-Fom the plan a the plans were updated to include additional open space with quality landscaping and some additional parking as directed by the City Council is with a pathways along the south and east sides of the development and a gazebo with a seating area as an amenity which can be shared between the residential and commercial development. Staff recommends a pathway is also provided from the sidewalk along the private street through the common area to the parking area at the southeast corner of the site.Prior-to the City Conn" hearing,the Applicant should revise the coneept plan aeeor-dingl�-. C. PRELIMINARY PLAT(PP): The proposed PP consists of 19 building lots and 4 common lots(including one lot for a private street) on 1.97 acres of land in the proposed R-15 zoning district. Proposed lots range in size from 3,789 to 2,000 square feet(s.£)with an average lot size of 2,701 s.£ The proposed gross density of the subdivision is 9.64 units per acre. The subdivision is proposed to develop in one phase. Existing Structures/Site Improvements: There are no existing structures on this site. The western portion of the drive-aisle along the eastern boundary on the site lies on this property. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-I5 for the R-15 zoning district.The proposed plat wears to comply with the dimensional standards of the district. Access: Access is proposed from an existing driveway from N. Hickory Way, a collector street. A private street is proposed for internal access to the proposed lots. be submitted or-ior-to the City .Compliance with the standards listed in UDC 11-3F-4 is required. Landscaping(UDC 11-3B): A street buffer exists along N. Hickory Way, a collector street,that complies with the standards listed in UDC 11-3B-7C. Landscapin is s required to be provided in internal common open space areas in accord with the standards listed in UDC 11-3G-3E. The stormwater drainage pond on Lot 16,Block 1 is required to be landscaped per the standards listed in UDC 11-313-11C. Landscapin is s required along all pathways per the standards listed in UDC 11-3B-12C;the landcape plan shall be revised accordingly. Common Open Space& Site Amenities(UDC 11-3G-3): Because this site is below 5-acres in size, common open space and site amenities are not required. A total of 0.40-acre of open space is proposed as shown on the concept plan,which includes the street buffer along Hickory Way and parking. Sidewalks(11-3A-17): There is an existing attached sidewalk along N. Hickory Way, a collector street. The UDC requires 5-foot wide detached sidewalk along collector streets; however,because the existing sidewalk is in good condition, Staff does not recommend it's reconstructed as a detached sidewalk. Utilities(UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. Street lightingis s required to be installed in accord with the City's adopted standards, specifications and ordinances. Page 9 Page 239 Item#12. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Storm Drainage(UDC 11-3A-18):An adequate storm drainage system is required in all developments in accord with the Ci, 's adopted standards, specifications and ordinances.Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. D. PRIVATE STREET(PS)(UDC 11-3F): A private street application was submitted for an internal private street providing access to the proposed units. All private streets are required to be designed and constructed to the standards listed in UDC I I- 3F-4. Private streets are not intended for single-family develoments other than those that create a common mew through the site design or that propose a limited gated residential development. The applicability may be extended where the Director or Fire Marshall determes that a private street will enhance the safety of the development.A common mew is not proposed; therefore,a gated development should be provided unless otherwise approved through Alternative Compliance in accord with UDC 11- 3F-4B.3 as set forth in UDC 11-513-5. Gates are required to comply with the standards listed in UDC 11-3F-4A.4. The Fire Dept. has approved the design of the proposed private street. "No Parking Fire Lane"signs are required to be installed the entire length of the street in accord with ACHD standards; if a curb exists next to the drive aisle,it shall be painted red per UDC 11-3F-4B.2d.The gated entries to the private street should also be approved by the Fire Dept.to ensure emergency access can be provided to the site. The private street is required to be constructed in accord with roadway and storm drainage standards of the transporation authority or as approved by the City based on plans submitted by a certified engineer. An attached sidewalk is proposed along one side of the private street. The Director is supportive of a private street for this development for the following reasons: a named private street will assist in wayfinding for homes in this development off the collector street(N. Hickory Way); no local street access exists to this property; and a public street isn't desired in this location. Thus, the Director has tentatively approved the private street application subject to completion of the tasks listed in UDC 11-3F-3B within one(1)year. VII. DECISION A. Staff: Staff recommends approval of the proposed amendment to the Future Land Use Map and Rezone with the requirement of a Development Agreement, and preliminary_plat per the provisions in Section IX in accord with the Findings in Section X. The Director tentatively pproved the request for a private street subject to completion of the tasks listed in UDC 11-3F-3B within one(1)year. B. The Meridian Planning&Zoning Commission heard these items on June 3, and July 1,2021.At the public hearingon n July l't,the Commission moved to recommend approval of the subject CPAM and RZ requests to the City Council. I. Summary of Commission public hearing_ a. In favor: Blaine Womer,Applicant's Representative; Louie Mallane b. In opposition:None C. Commenting: Dave McDonald; Shirley Moon; Randy Nelson; Ann Atarian d. Written testimony: None Page 10 Page 240 Item#12. e. Staff presenting pplication: Sonya Allen f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) public testimony a. Desire for a time limit to be put on the residential FLUM designation/R-15 zoning(if development doesn't occur within a certain timeline,the land use and zoning would revert to Commercial/L-O zoning), traffic& safety concerns on Hickory Wad maintenance of the existing masonry wall and landscape strip along north boundary of sib b. Inadequacy of parking in this area(Louie's restaurant/bank patrons park on this prope!jyh C. Unsafe driving conditions due to lack of visibility of cars pulling out onto Hickory Way from the site due to the curve of the road. 3. Key issue(s)of discussion by Commission: a. In favor of the proposed development plan over previous plans for this site; b. Concern pertaining to safety of access onto Hickory Wad c. Preference for the 4-unit townhome proposed along the north boundary to be reduced to a 2-or 3-unit townhouses for better transition to the existing homes to the north. 4. Commission change(s)to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard these items on August 10 and September 7,2021. At the public hearing on August 10',the Council moved to continue the project to September 7'in order for the Applicant to prepare a parking analysis for the overall area. See submitted parking analysis_ At the September 7'hearing. Council continued the project to a future hearing date to be scheduled concurrently with the future preliminary plat application. 1. Summary of the City Council public hearing: a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald, Ryan Abbott,Louie Mallane d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Request for the 4-unit townhomes to be relocated to the southern lots or reduced to fewer units: b. Concerns pertaining to traffic and parking. 3. Key issue(s)of discussion by City Council: a. Council questioned the Applicant on why residential is more appropriate than commercial office use of the property as currently zoned—concern due to the loss of commercially zoned land: b. The bulk and height of structures proposed along the northern boundary of the site adjacent to existing single-family residential homes C. The adequacy of parking proposed for the development and concern for the parking situation for the overall development area including the adjacent restaurant/commercial and bank uses. 4. City Council change(s)to Commission recommendation: a. At the hearing on Sept. 7ti'. Council directed the Applicant to make changes to the conceptual development plan to include additional parking in one of the common areas Page 11 Page 241 Item#12. wherever it can be fit in): and expressed concern pertaining to the height and location of the structures proposed along the north boundary adjacent to existing residents. D. The Meridian Planning&Zoning Commission heard this item(PP—H-2021-0082) on December 2, 2021. At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald,Jerry Evans d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. Concern pertaining to parking alongthe he adjacent collector street(Hickory from the proposed development; b. Preference for the previous site design without parking on the periphery of the southeast boundary; c. Concern pertaining to planting of shrubs within the utility easement(that contains utilities)along the northwest boundary of the site and adequacy of parking for the development; d. Concern pertaining to traffic on Fairview and desire for improvements on Hickor�to increase traffic flow. 3. Key issue(s)of discussion by Commission: a. Discussion pertainingto o the parking analysis submitted b, t�pplicant for this area. 4. Commission change(s)to Staff recommendation: a. None 5. Outstandingissue(s)ssue(s,) for City Council: a. None D. The Meridian City Council heard these items on January 4,2022. At the public hearing the Council moved to approve the subject CPAM, RZ and PP requests. 1. Summary of the City Council public hearing a. In favor: Blaine Womer,Applicant's Representative b. In opposition:None C. Commenting: Dave McDonald d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. Landscaping along the northwest boundary and maintenance of the utilities in the easement along that boundary: b. Cross-parking agreement is not going away with development of this property. 3. Key issue(s)of discussion by City Council: a. Appropriateness of residential development on this site as opposed to the current office designation: b. Concern pertainingto o impact of proposed development on existing narking issues in this area. 4. City Council change(s)to Commission recommendation. a. None Page 12 Page 242 Item#12. VIIL EXHIBITS A. Future Land Use Map—Adopted&Proposed Land Uses Date:6/28/2021 Adopted Land Uses 500 1,000 s d �� Feet l� f — ----- tare _ Medium-Density Residential S -� MU-RG Legend `TMISAP Boundary Low Density Residential Medium Density Residential Med-High Density Residential — High Density Residential -Commercial I-C i ®Office !+ - Industrial General Industrial civic Proposed Land Uses Old Town Mixed Use Neighborhood e Mixed Use Community - Mixed Use Regional _ ar Mixed Use Non-Residential T -® �i E Mixed Use-Interchange Vd'� Density Residential ® Low Density Employment Apricot - High Density Employment Ij�' � �1 � �jL Mixed Employment 1. MU-RG —j MU-Res -- �--, Nted-High L— MU-Com Density Lifestyle Center Residential Commercial MU General Industriial Page 13 Page 243 Item#12. B. Rezone Legal Description and Exhibit Map WOODCREST TOWNHC1MES SUBDIVISION EXHIBIT'A' LEGAL.DESCRIPTION A PARCEL LOCATED IN THE SOUTHWEST 1/4 OF TIII3 SOUTHEAST I14 OF SEA f10N 5,TOWNSHIP 3 NORTH,RANGE 1 EAST,BOISE MERIDIAN,ADA COUNTY,IDAHO,AND ALSO BEING A PORTION OF LOT 4,BLOCK 1 OF MALL.ANE SUBDIVISION,AS SHOWN IN BOOK 87 OF PLAI'S ON PAGES 9881 THROUGH 9883,RECORDS OF ADA COUNTY,IDAHO,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH 114 CORNER OF SAID SECTION 5 AS SHOWN ON SAID PLAT; THENCE NORTH 001128103"EASTADISTANCE OF 67.14 FEET TO A 518 INCH DIAMETER IKON PIN MARKING THE SOUTHWEST CORNER OF LOT 3, BLOCK l OF SAID MAL.LANE SUBDIVISION; THENCE CON-ITN-LING NORTH 00028'43"EAST ALONG THE WESTERLY LINE OF SAID LOT 3,A DISTANCE OF 252.95 FEET TO A 1/2 INCH DIAMETER IRON PIN MARKING THE SOUTHWEST CORNER OF SAND LOT 4 AND THE TRUE POINT OF BEGINNING; THENCE CONTINLPING NORTH 00028'03"EAST ALONG THE WESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 129.73 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE NORTH 430 19'32"EAST ALONG THE NORTHWESTERLY BOUNDARY OF SAID LOT 4,A DISTANCE OF 257.72 FEET TO 518 INCH DIAMETER IRON PIN; I HBNCE CONTINUING NORTH 4301932"EAST ALONG THE NORTHEASTERLY PROLONGATION OF SAID NOTIH ASTERLY BOUNDARY, A DISTANCE OF 34.48 FEET TO THE CENTER LINE OF NORTH HICKORY WAY THENCE SOUTH 76012'S6"EAST ALONG SAID CENTER LINE,A DISTANCE OF 90.01 FEET TO THE BEGINNING OF A TANGENT CURVE,CONCAVE SOUTHWESTERLY,HAVING A RADIUS OF 400.00 FEET; THENCE SOUT1lEASTERLYALONG SAID CENTER LIKE AND SAID TANGENT CURVE,93.24 FEET THROUGH A CENTRAL.ANGLE OF 1302121"TO A POINT OF INTERSECTION WI'M THE NORTHERLY PROLONGATION OF THE EASTERLY BOUNDARY OF SAND LOT 4; Page 14 Page 244 Item#12. PAGE 1 OF 2 THENCE SOUTH 001126144"WEST ALONG SAID PROLONGATION,A DISTANCE OF 33,93 FEET TO A 1/2 INCH DIAMETER LRON PIN MARKING THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOUTH OV26144"WEST ALONG SAID EASTERLY BOUNDARY,A DISTANCE OF 210.08 FEET TO A 5/8 INCH DIAMETER IRON PIN; THENCE LEAVING,SAID EASTERLY BOUNDARY NORTH 89°34'20"WEST,A DISTANCE OF 244.66 FEET TO A 518 INCH DIAMETER IRoK PIN; THENCE SOUTH 00028'04"WEEST,A DISTANCE OF 47.00 FEET TO A 5/8 INCH DIAMETER IRON PIN ON THE SOUTHERLY BOUNDARY OF SAID LOT 4; THENCE NORTH 84®37'22"WEST ALONG SAID SOUTHERLY BOUNDARY,A DISTANCE OF 129.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINS 2.10 ACRES,MORE OR LESS. EXHIBIT`B'ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. r L E 7 732 q�#p A. Page 15 Page 245 Item#12. .4 fn Fq no VW4� z .y. tiA .. LA1� I2 t'o A. gFOf� � 'gyp A• . JN14120 Annexation Description 4/21/2021 Sole: 1 inch= 50 feet File: Tract 1:2-1063 Acres(91752 Sq.'Feet),Closure:000.0000e O.00 ft.(11281991).Perimeter=12701t. 01 n003803e 129.73 08 n89-3420w 244.66 02 n43,1932e 257.72 09 s00.2804w 47 03 n43-1932a 34.48 10 n89.3722w 129.2 04 s76.1256e 90.01 05 Rt,r=400.00,delta=013.2121,arc--93.24 06 s00.2644w 33.93 07 WIM44w 210.05 Page 16 Page 246 Item#12. C. Conceptual Development Plan-REVISED y } Y I _. i I IT F E I I- I KKOW AW"beiKlw. E,L En.wE �BLAINE A.WOMER E T i .H E- I I F Call betere Yau diga .EI. _'a_ �.I�IHEERiwG • w ITE L_ r E, E H.Ir TIT LT Page 17 Page 247 Item#12. D. Conceptual Building Elevations—REVISED Ell L�T FAIRWAY TOWNHOMES(Z UNIT) ARCHITECTURE Page 18 Page 248 Item#12. o�. �\ ,m cs FAIRWAY TOWNHOMES(3-UNIT) Afs�HREG7URF El 1111111 tm v FAIRWAY TOWNHOMES(3-UNIT) AhC1+TfC�URE Page 19 Page 249 Item#12. ,gym 8� 00 ® ®H 81111 8oEll Ell 0 FIF __® O'r m�vm� �\ FAIRWAY TOWNHOMES)4-UNIT) AltCHfIECTU4f ,, I FAIRWAY TOWNHOMES)4-UNIT) AkGIRECNPE �,,, Page 20 Page 250 Item#12. E. Preliminar Plat(dated: 9/7/21) PRELI%NARY PLAT OF WOOOCREST TOWNHOIMbES SUBDIVISION - X—EL CF U P LL A E-N THE:Aa Al III:F THE'CMiFRSF II'CF 5E 011 5 �%HP 3 NORM,U E'DST.305E MBDVN _ CRY CIF MEROV,W (t"AINIY,INWO _ .•W.. ..., i..,..a SEP7MEA.2OZiNW ........ ~R` 4 VICINITY MAP f. n��w -. �• NITS PRIUMINARY PLAT LAW U$ESUMMARY w. J 41 ; DEWLOPMENT NM CILIK TABLEE. -"— +` ,.� ,Cx•,Ms �' r �VJE •L .m...,..��.os..,.�.o.,e.. iNy „ytl'am (�� 11eT 4 ¢ uim i.�auu nu�wne�.o:o wwmeieme.0 mmva ZZ— I CONTACT INFORMAFION ,.,n wmhr��• I° — — — — Is : x i n x —c —s —e — .... E R.E -N 'T Lmr wfs [yw u'w�[ wuart_ •�w.,•X� �",."Mt y.o. �r>� 8OB[In90N �L.'-:-. ----_---- _ • 9EXL{NG[NEEa CITY CF MERIDIAN,ID ' Know what's below. i sm+�AI�•+� r BLAI NEA WOMfR •� TEEM 'ADDDfREST TOW SUMNISIDH Cal!bLq..yu oorEn SHEET *'REJMINRRI'PLAT F IX2p@• Page 21 Page 251 Item#12. F. Landscape Plan ,dated: 11/4/2021) LANDSCAPELEGEND * ' Y } -f0 0 ❑i ©; PLANT SCHEDULE ml11 �.. 00 CALLOUT LEGEND m (D � W • 0 I .. a0 � /)LANDSCAPE PLAN lo 0 LANDSCAPE SET SHEET INDEX 0 THIS SHEET L1©LANDSCAPE PLAN SEE SHEET U 0 FOR IANDSCAPE NOTES AND DETAILS. SEE SHEET L3 0 FOR IRRIGATION NOTES&DETAILS A SEE SHEET L3 1 FOR IRRIGATION CONTROL DETAILS SEE SHEET L3 2 FOR DRIP IRRIGATION DETAILS LANDSCAPE NOTES 1-7 SAW m 'n (�CEPANELY PERENNIAL&GROUNDCOYER TREE PROTECTION NOTES[ - «orec T � - -,....A %1DEC4DUOUS TREE PLANTING�� $ Z VINYwF CE-3 HT TRANSITION 6^YSHRUSPLANTING i■B .,......a....:..e.:,.... / Z TREE MITIGATION NOTES: TREE TRANSPLANT NOTES: TREE PRpTEcrlpN DETAIL _ FL2-0] Page 22 Page 252 Item#12. IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION PrioF to the City Couneil heaFing, Staff Feeommends the conceptual development plan is revised to r-emove the of-flee building and Feplaee it with eommon open spaee with quality landseaping that ineorporates the following! par-ldng,pedestFian pathways along the south and east sides of the development, and a gazebo with a seating aFea whieh ean be shared between the residential and I. A Development Agreement(DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation ordinance adoption, and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan,preliminaryTlat and building elevations included in Section VIII and the provisions contained herein. b. Future development shall comply with the design standards listed in the Architectural Standards Manual.An application for Design Review shall be submitted and approved for the single- family attached and townhouse structures prior to submittal of building permit applications. c. Direct lot access via Hickory Way is prohibited except for the private street common lot. d. The proposed development shall incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and a project identity consistent with the Medium High-Density Residential Future Land Use Map designation in the Comprehensive Plan. e. The subject property shall be subdivided prior to submittal of a ref fi eme of Zoning Gemplianee and Design Review building permit application(s) for the site. £ The Applicant shall work with the property owner to the east to extend the private street to Hickory Way if possible in order to better facilitate emergency access to the site for wayfinding purposes.Note: The private street is required to connect to the collector street(i.e.N. Hickory Way);the connection requires approval from ACHD. If not possible to connect,the Applicant shall submit an application for alternative compliance to UDC 11-3F-4A.2. 2. The final plat shall include the following revisions: a. A separate common lot shall be provided from the private street lot(i.e. Lot 15,Block 1,) for the property along the east boundary inelude theperti.r aleng the east baufi .,n � i-a*e met. b. Note#8: "Lot 15,Block 1 is pfpVesed-as a private roadway that shall provide access to all lots in the subdivision and shall be owned and opefaW maintained by the home owner's association." 3. The landscape plan submitted with the final plat shall include the following revisions: a. Depict a pathway from the sidewalk along the private street on the west end of the site through the common area to the parking area at the southeast corner of the site. b. Depict landscaping along all pathways in accord with the standards listed in UDC 11-3B-12C. Page 23 Page 253 Item#12. 4. A private street application sha11be was submitted and tentatively approved by the Director for the proposed private street; compliance with the standards for such listed in UDC 11-3F-4 is required. The Applicant has one (1 wear to complete the tasks listed in UDC 11-3F-3B in order to obtain final qpproval of the private street. Upon completion of these tasks,the Applicant shall submit documention to the Planning Division verifying coMpletion and the Director will issue a letter stating the private street has been approved. No building permit shall be issued for any structure using a private street for access to a public street until the private street has been approved per UDC 11-3F-3B.5. 5. "No Parking Fire Lane"signs are required to be installed the entire length of the private street in accord with ACHD standards; if a curb exists next to the drive aisle,it shall be painted red per UDC 11-3F-4B.2d. 6. Gates shall be provided at each end of the private street in accord with UDC 11-317-51)and shall comply with the standards listed in UDC 11-3F-4A.4 and be approved by the Fire Marshall,unless otherwise approved through Alternative Compliance in accord with UDC 11-3F-413.3 as set forth in UDC 11-513-5. 7. Submit a detail of the proposed gazebo on Lot 16,Block 1 with the final plat application. 8. A Design Review application shall be submitted for all of the structures in the development and qpproved prior to submittal of applications) for building permits. The elevations submitted shall comply with the design standards in the Architectural Standards Manual and the provisions in the Development Agreement. B. PUBLIC WORKS Site Specific Conditions of Approval 1.1 No Permanent structures (buildings, carports,trash receptacle walls, fences, infiltration trenches, lightpoles, etc.)can be built within the utility easement. 1.2 Do not have water and/or sewer services crossing private lots. 1.3 The existing sewer is not shown correctly. Missing existing manhole and shown as extending further into the property then existing sewer actually goes. 1.4 There is an existing 8" sewer stub from existing manhole that looks like it will not be used. If this is the case the existing stub must be abandoned at the manhole per City Requirements. 1.5 Ensure that infiltration trenches are located so that sewer services do no pass through them. 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 forms. The Page 24 Page 254 Item#12. easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B)for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at(208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. Page 25 Page 255 Item#12. 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 887-221 L. C. FIRE DEPARTMENT 1. Roadways: When required by the Fire Marshall, "No Parking Fire Lane"signs shall be used per appendix D of the 2018 IFC.No other signs shall be approved: Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside,per International Fire Code Section 503.2.4. Roadways: All common driveways and alleys shall be maintained at all times for access by fire, police and EMS at all times of the year. D. POLICE DEPARTMENT No comments at this time. Page 26 Page 256 Item#12. E. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https://weblink.meridianciU.orglWebLink/Doc View.aspx?id=228988&dbid=0&rWo=MeridianCity&cr =1 F. CENTRAL DISTRICT HEALTH DEPARTMENT(CDHD) https://weblink.meridiancio!.oLvlWebLinkIDocView.aspx?id=228242&dbid=0&repo=MeridianCity G. WEST ADA SCHOOL DISTRICT(WASD) https://weblink.meridiancioy.orglWebLinkIDocView.aspx?id=229685&dbid=O&rgpo=MeridianCity H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.oLvlWebLinkIDocView.aspx?id=228193&dbid=O&roo=MeridianCity X. FINDINGS A. Comprehensive Plan Map Amendment 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 amendment to the Comprehensive Plan,the Council shall make the following findings: I. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed infill development will provide a transiton in uses from single-family residential to commercial uses to the south and contribute to the diversity in housing types in this area as desired. 2. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to change the FL UM designation from Commercial to MMDR will allow a transition in uses between existing medium density residential homes and commercial uses and will provide an improved guide to future growth and development of the City. 3. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is consistent with the Goals, Objectives, and Policies of the Comprehensive Plan as noted in Section V. 4. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. 5. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with abutting existing residential uses and existing commercial land uses in the near vicinity. 6. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city. Sewer and water services are available to be extended to this site. 7. The proposed map amendment(as applicable)provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Page 27 Page 257 Item#12. The City Council finds the proposed map amendment provides a logical juxtaposition of uses and sufficient area to mitigate any development impacts to adjacent properties. 8. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Section V and the subject findings above, the City Council finds that the proposed amendment is in the best interest of the City. B. Annexation and/or Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant's request to rezone the subject property with R-15 zoning and develop single-family attached and townhouse dwellings on the site at a gross density of 9.64 units per acre is consistent with the proposed MHDR FL UM designation for this property. (See section V above for more information) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to R-15 and development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent single-family residential homes/uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds City services are available to be provided to this development. 5. The annexation(as applicable)is in the best interest of city. This findings is not applicable as a rezone, not an annexation, is proposed. C. Preliminary Plat(UDC 11-6B-6) In consideration of a preliminary_plat,combined preliminary and final plat, or short plat,the decision- making body shall make the followingfgss(Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the Development Agreement provisions and conditions of approval in Section IX. Page 28 Page 258 Item#12. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council flnds public services can be made available to the subiect property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city.�pital improvement program; The City Council finds there are no roadways, bridges or intersections in the general vicinity that are in the IFYWP or the CIP. 4. There is public financial capability of sLapporting services for the proposed development; The City Council finds there is public financial capability ofsuporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, ef£ 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. D. Private Street(UDC 11-3F-5) 1. The design of the private street meets the requirements of this article: The Director finds the proposed private street complies with the design and construction standards listed in UDC 11-3F-4 if the Applicant complies with the conditions of approval in Section IX. 2. Granting gpproval of the private street would not cause damage,hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity; and The Director fands approval of the private street will not cause damage, hazard, or nuisance, or other detriment to persons,property, or uses in the vicinity. 3. The use and location of the private street shall not conflict with the comprehensive plan and/or the regional transportation plan. The Director fands the location and use of the private street will not conflict with the comprehensive plan and/or the regional transportation plan. 4. The proposed residential development(if applicable) is a mew or gated development. The Director fands the proposed development shall be a gated development in order to comply with this°finding. Page 29 Page 259