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Aviator Springs H-2021-0065 (2022-026378) ADA COUNTY RECORDER Phil McGrane 2022-026378 BOISE IDAHO Pgs=53 BONNIE OBERBILLIG 03/16/2022 09:46 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Acclima, Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this day ofmf , 2022,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 Acclima,Inc.,whose address is 1763 W.Marcon Lane, Suite 175,Meridian,Idaho 83642 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A" which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHERE AS,Owner/Developer has submitted an application for a annexation and rezone on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes haw 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—AVIATOR SPRINGS(H-2021-0065) PAGE I OF 7 1.7 WHEREAS, on the 8`h day of February, 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 Acclima,Inc.,whose address is 1763 W. Marcon Lane, Suite 175, Meridian, ID 83642 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 bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. DEVELOPMENT AGREEMENT-AVIATOR SPRINGS(H-2021-0065) PAGE 2 OF 7 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. Development of the subject property shall be generally consistent with the preliminary plat, phasing plan, landscape plan, open space exhibit, conceptual development plan and conceptual building elevations. b. A mix of uses shall be developed on this site consistent with that proposed (i.e. residential, church/civic and commercial) and as required in the MU-N designation. c. The commercial buildings proposed in the development area on the east side of future SH-16 shall be arranged to create some form of common, usable area,such as a plaza or green space in accord with the development guidelines in the Comprehensive Plan for Mixed Use — Neighborhood designated areas and as shown on the conceptual development plan in Section VII.H of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit"B". d. One building permit for the LDS seminary building shall be allowed prior to subdivision of the property. e. Noise abatement is required to be provided within the street buffer along fixture SH-16 in accord with the standards listed in UDC 11-3H-4D and as required by City Council in previous developments to the north (i.e. Chukar Ridge and Gander Creek Subdivisions - 6-foot tall berm with a 6-foot tall wall on top of berm). 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. 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. DEVELOPMENT AGREEMENT-AVIATOR SPRINGS(H-2021-0065) PAGE 3 OF 7 Item#9. 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 67-6511A,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 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 DEVELOPMENT AGREEMENT—AVIATOR SPRINGS(H-2021-0065) PAGE 4 OF 7 Page 115 Item#9. 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: Acclima, Inc. 1763 W. Marcon Lane, Suite 175 Meridian, ID 83642 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. DEVELOPMENT AGREEMENT—AVIATOR SPRINGS(H-2021-0065) PAGE 5 OF 7 Page 116 Item#9. 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. 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—AVIATOR SPRINGS(H-2021-0065) PAGE 6 OF 7 Page 117 Item#9. ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Acclima, Inc. By. CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-15-2022 Chris Johnson, City Clerk 3-15-2022 By Brad Hoaglun, Council President STATE OF IDAHO ) ss: County of Ada ) On this 2 day of 2022,before me,the undersigned,a Notary Publi in aqd or said State, personally appeared.5Cz)t-t n de&—scn known or identified to me to be the �s�eM-& of Acclima,Inc. and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my off ial seal the day and year in this certificate first above written. =STEVENI68 at bl c forC esiding at: O My Commission Expires: RESIDING IN MERIDIAN STATE OFIDAHO )ss COMMISSION EXPIRES: 11/21/2026 County of Ada ) On this 15th March day of , 2022, before me,a Notary Public, personally appeared Brad Hoaglun ouncil i and Chris Johnson,known or identified to me to be theresident 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. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: DEVELOPMENT AGREEMENT—AVIATOR SPRINGS(H-2021-0065) PAGE 7 OF 7 Page 118 Item#9. EXHIBIT A LEGAL DESCRIPTION it THE LAND Page 1 OF 1 GROUP July 9.2021 Project No_: 120124 EXHIBIT"N' ANNEXA6TION I REZONE AVIATORSRINCS SUBDIVISION ACCLIMA'JNC_ An area of land being the Northeast one quarter of the Southeast one quarter of Section 32, Township 4 North,Range 1 West, Boise Meridian,Ada County, Idaho,being more particularly described asfolfows: BEGINNIN O at the East One Quarter camerof said Section 32(from which the Southeast corner of said Section 32 bears South DY 29'50"West,2633.22 feet distant}, Thence South 00'29'50"West,13 16.11 feet,to the South One Sixteenth East corner of said Section 32; Thence North 99'20'147'West, 1324.23 feet,to the Southeast One Sixteenth corner of said Section 32; Thence North 00'33'03" East,1316.33 feet,to the Center East One Sixteenth corner of said Section 32; Thence South 89"19'39"East, 132300 feet,to the POINT OF BEGINNING: The above described area of land contains 40.0 acres,more or less_ PREPARED BY: The Land Groin,Inc. Michael Ferrenia, PLS k ? OF 1 �a II� 1 Aviator Springs— H-2021-0065 Page 119 Item#9. EXHIBIT A CIE 1116M SffiflrAPE 1323W E1fd — POE l Annexation / Rezone far ACCiima. Inc. Being the NE 114 of the SE 114 of Sestian 32 Township 4 North,Range i West,Boise Meridian Ada Coup,Idaho 2021 c7 g' NINEXATHIN f RELINE S AREA:±40.0 Acres NE OF 711E SE i 5E 1f101h 5111M E ' N8M0'14"W 1324-23' I alp L LA � 53 S.32 S.33 o� S.5 q�S.4 L ' SE CDR SEC 32 u }TIL9ZC31 O 25R' 454 u d' 2 Exhibit B Horizordel Scale:T=251Y 120194 Babe of IaauamE:July 9.MZI1 THE Annexation Rezone , LAND Aviator Springs Subdivision GROUP Acciima Inc. ,- ��a Aviator Springs— H-2021-006S Page 120 Item#9. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�fIEN DIb�N,, AND DECISION& ORDER In the Matter of the Request for Annexation of 40-Acres of Land with R-8(27.63 acres),L-O (1.64 acres) and M-E(10.72 acres)Zoning Districts; and Preliminary Plat Containing a Total of 112 Lots Consisting of(93)Buildable Lots and(13)Common Open Space Lots on 27.63-Acres of Land in the R-8 Zoning District; (2)Buildable Lots on 1.64-Acres of Land in the L-O Zoning District; (1) Buildable Lot on 10.72-Acres of Land in the M-E Zoning District; and(3)Future Right-of-Way lots on 40-Acres of Land for Aviator Springs Subdivision,by The Land Group. Case No(s). H-2021-0065 For the City Council Hearing Dates of. December 14,2021 and January 25,2022 (Findings on February 8,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 25, 2022,incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 25, 2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 25, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 25,2022,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 AVIATOR SPRINGS AZ PP H-2021-0065 - I - Page 121 Item#9. 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 25,2022, 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 Annexation&Zoning is hereby approved with the requirement of a Development Agreement; and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 25,2022,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat,combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments,if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of 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 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -2- Page 122 Item#9. 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 25,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -3- Page 123 Item#9. By action of the City Council at its regular meeting held on the 8th day of February 2022. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. kmis n 2-8-2022 Attest: CUEIDIAN SRAI. Chris Johnso 2-8-202 , City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-8-2022 City Clerk's Office rN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR AVIATOR SPRINGS AZ PP H-2021-0065 -4- Page 124 Item#9. STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT A H O HEARING January 25,2022 Le 9 e n d DATE: Continued from:December 14, 2021 `` TO: Mayor& City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0065 --- ------ Aviator Springs—AZ,PP LOCATION: 3235 N. McDermott Rd., in the SE '/4 of Section 32,TAN.,R.1 W. (ParcelsI El r #R7824220044&#R7824220042) --- :2 -- -- I� 54 ♦_5 1 r I. PROJECT DESCRIPTION Annexation of 40 acres of land with R-8 (44-49 27.63 acres),L-O(1.64 acres) and M-E(6-.77 10.72 acres)zoning districts; and Preliminary plat containing a total of 112 lots consisting of(93)buildable lots and(13)common open space lots on 31.59 27.63 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1)buildable lot on 6—.7-7 10.72 acres of land in the M-E zoning district; and(3)future right-of-way lots on 40 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 40 acres Existing/Proposed Zoning RUT in Ada County Future Land Use Designation Mixed Use—Neighborhood(MU-N) Existing Land Use(s) Agricultural land Proposed Land Use(s) Single-family residential(SFR)&a church(seminary) Lots(#and type;bldg./common) 112 lots(96 buildable/13 common/3 future ROW) Phasing Plan(#of phases) 2 phases Number of Residential Units(type 93 SFR detached dwellings of units) Density(gross&net) 3.0 units/acre(gross);3.92 units/acre(net) Open Space(acres,total 7.64 acres(or 23.8%)common open space [%]/buffer/qualified) Amenities Community swimming pool&changing rooms,multi-use pathway,qualified open space in excess of 20,000 square feet. Page 1 Page 125 Item#9. Description Details Page Physical Features(waterways, The Eight Mile Lateral crosses the southwest corner of this hazards,flood plain,hillside) site. Neighborhood meeting date;#of 7/7/21;3 attendees attendees: History(previous approvals) None B. Community Metrics Description Details P Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via the extension of two local streets(N. (Arterial/Collectors/State Keklik Ave. and N.Alameda Creek Ave.)at the north boundary Hwy/Local)(Existing and of the site. Proposed) Traffic Level of Service Ustick Rd.—Better than"E" Stub A stub street is proposed to the property to the south for future Street/Interconnectivity/Cros extension. s Access Existing Road Network A north/south collector street(Owyhee Storm Ave.)exists'/4 mile to the west of this site,which provides access via a local street to this site through Chukar Ridge Subdivision to the north. Existing Arterial Sidewalks/ NA Buffers Proposed Road Ustick Rd.is listed in the CIP to be widened to 5-lanes from Star Improvements Rd.to McDermott Rd.between 2026 and 2030. Fire Service • Distance to Fire Station 4.5 miles • Fire Response Time Falls outside the 5:00 minute response time area-nearest station is Fire Station#2—cannot meet response time goals. When Fire Station#8 is constructed in late summer of 2023, it will be within the 5:00 minute response time area. • Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 2—current resources would be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. Project will require a secondary emergency access in order to exceed 30 lots or buildings will need to be sprinklered. • Special/resource needs Project will not require an aerial device;cannot meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,500 gallons per minute for two hours,may be less if buildings are fully sprinklered. • Other Resources Police Service • Distance from 4.2 miles police station Page 2 Page 126 Item#9. • Police Response Priority 3 (goal is within 3 to 5 minutes): 3:47 Time Priority 2(goal is within 8 to 10 minutes): 7:06 Priori 1 (goal is within 15 to 20 minutes): 10:43 West Ada School Approved prelim Approved MF District plat parcels per units per Miles Enrollment Capacity attendance area at, area u r-sos nooy • Distance(elem, Pleasant View Elementary 546 650 3089 21 2.9 ms,hs) Star Middle School 823 1000 7967 278 7.1 • Capacity of Owyhee High School 1477 1800 5782 58 0.0 Schools School of Choice Options • #of Students Chief Joseph School-Arts 507 700 N/A N/A 6.8 Enrolled Barbara Morgan-STEM 659 750 N/A N/A 4.5 • #of Students Predicted from 93 school aged children predicted from this development by WASD. this development I School Impact Table Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed North McDermott Trunkshed • Estimated Project See application Sewer ERU's • WRRF Declining 14.21 Balance • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • Property is subject to the Oaks Lift Station and Pressure Sewer Reimbursement Agreement Water • Distance to Water Directly adjacent Services • Pressure Zone 1 • Estimated Project See application Water ERU's • Water Quality None • Project Consistent Yes with Water Master Plan • Impacts/Concerns See Public Works site specific conditions Page 3 Page 127 Item#9. C. Project Area Maps Future Land Use Map Aerial Map Legend 0 Legend - �• ,, Project Lac.ion ':Project Luca for \ ! 1►tie 'IU � Ih�� Res dentlal , Relt771?IC7 i IY MU t RG U MP F Zoning Map Planned Development Map Legend - _ [ Legend 0 Prcvject Lz ca nor \ Ia Pr —'Lorca for � UI RUT i City Lim""- - I �R-4 — Planned Parce`s RUT IL " R-4 " A. Applicant: Matt Adams, The Land Group,Inc.—462 E. Shore Dr., Ste. 100,Eagle,ID 83616 B. Owner: Acclima, Inc.— 1763 W. Marcon Ln., Ste. 175,Meridian, ID 83642 C. Representative: Same as Applicant Page 4 Page 128 Item#9. III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 10/5/2021 11/28/2021 newspaper Notification mailed to property owners within 300 feet 10/5/2021 12/2/2021 Applicant posted public hearing notice on site 10/11/2021 12/2/2021 Nextdoor posting 10/5/2021 12/6/2021 IV. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Mixed Use -Neighborhood(MU-N). The purpose of the Mixed-Use designation is to provide for a combination of compatible land uses within a close geographic area that allows for easily accessible and convenient services for residents and workers. The intent is to promote developments that offer functional and physical integration of land uses,to create and enhance neighborhood sense of place, and to allow developers a greater degree of design and use flexibility. NOTE: Given the limitations with surrounding land uses,existing development pattern,poor access and bifurcation of the property with the extension of SH 16,it is not feasible to achieve full integration of uses as desired in MU-N areas.However,the applicant's narrative does discuss how they believe the proposed development is consistent with the MU-N designation. The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single- use developments by incorporating a variety of uses.Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide goods or services that people typically do not travel far for(approximately one mile)and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined,narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU-N plan depicted in Figure 3B of the Comprehensive Plan. The proposed development consists of a total of 93 single-family detached dwellings, an LDS seminary, a lot to be donated to the Boys and Girls Club for a future facility and commercial(research &development)uses consisting of one(1 20) 000 square foot(s.f.)research and development facility and one(1) 12,000 s.f. research and development greenhouse with 8,000 s.f. tenant offices. The gross density of the residential area is 3.00 units per acre,which is significantly less than the desired range of 6 to 12 units per acre in MU-N designated areas. The primary use proposed is residential as desired; however,no supporting non-residential services are proposed. Although commercial uses (i.e. employment opportunities)are proposed on the east side of the development,they are not directly accessible from the proposed neighborhood due to the future extension of SH-16 through the site which will separate the residential from the commercial uses. In reviewing development applications,the following items will be considered in MU-N areas: (Staffs analysis is in italics) Page 5 Page 129 Item#9. • Development should comply with the items listed for development in all Mixed-Use areas as follows: o A mixed-use project should include at least three types of land uses. Exceptions may be granted for smaller sites on a case-by-case basis. This land use is not intended for high density residential development alone. The proposed development includes three 0 four Adifferent land use types (i.e. residential, commercial o ace and civic). o Where appropriate,higher density and/or multifamily residential development is encouraged for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.Due to limited access for the western portion of this site and constraints due to the future extension of SH-16 through this site with no access allowed via the highway, Staff is of the opinion a higher density development is not appropriate for this site. Additionally,for the same access constraints, the western portion of this site is not viable as an employment center. o Mixed Use areas are typically developed under a master or conceptual plan; during an annexation or rezone request, a development agreement will typically be required for developments with a Mixed-Use designation. A conceptual development plan was submitted after the Commission hearing for the non-residential portion of the development as shown in Section VII.H.A development agreement is required as a provision of annexation with the provisions listed in Section VIILA.1. o In developments where multiple commercial and/or office buildings are proposed,the buildings should be arranged to create some form of common,usable area, such as a plaza or green space. ai-ea en the east side ej9cutHre SH 16, Me s4e sheuN be designed and buildings aHwn� in eet•-'wiM this -vide ine. The conceptual development plan shown in Section VILH depicts a plaza area between the two commercial buildings. o The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low-or medium-density residential development. Commercial uses consisting of research &development facilities and tenant offices are proposed on the east side of future SH-16. The future highway will provide a separation between the commercial and residential uses. o Community-serving facilities such as hospitals, clinics, churches, schools,parks, daycares,civic buildings, or public safety facilities are expected in larger mixed-use developments.An LDS seminary and a lot for a future Boys& Girls Club is proposed on the L-O zoned lots which will provide community-serving uses within the development. o Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks,plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count.A high school(Owyhee) abuts this site on the west.A plaza is proposed on the conceptual development plan between the two commercial structures. o Mixed-use areas should be centered around spaces that are well-designed public and quasi-public centers of activity. Spaces should be activated and incorporate permanent design elements and amenities that foster a wide variety of interests ranging from leisure to play. These areas should be thoughtfully integrated into the development and further placemaking opportunities considered.Although a mix of residential, civic and commercial uses are proposed, this isn't a typical mixed-use development due to the Page 6 Page 130 Item#9. limited access&connectivity available to the site and the future extension of SH-16 through this site. o All mixed-use projects should be accessible to adjacent neighborhoods by both vehicles and pedestrians. Pedestrian circulation should be convenient and interconnect different land use types.Vehicle connectivity should not rely on arterial streets for neighborhood access. Two vehicular accesses (local streets)with pedestrian sidewalks alongside and a pathway through a connected common area (i.e. Lot 9, Block 2) are proposed between the development to the north (Chukar Ridge) and the subject development. Pedestrian connections are also proposed for interconnectivity between the high school campus to the west and the proposed seminary and lot where a Boys & Girls Club is anticipated to develop along the west boundary of the site. A multi-use pathway is proposed through the common area along the east boundary of the site, which will provide a connection between adjacent developments to the north &south. Because SH-16 will bisect this site, it's not feasible for the commercial portion of the site to be connected to the residential/civic portion of the site. o A mixed-use project should serve as a public transit location for future park-and-ride lots, bus stops, shuttle bus stops and/or other innovative or alternative modes of transportation. Because this site doesn't have direct access via a collector or arterial street, a public transit facility is not feasible on this site. o Alleys and roadways should be used to transition from dissimilar land uses, and between residential densities and housing types.Roadways are proposed as a transition between residential and civic uses. Only one housing type (i.e. single-family detached) is proposed. o Because of the parcel configuration within Old Town, development is not subject to the Mixed-Use standards listed herein. This guideline is not applicable. In reviewingdevelopment evelopment applications,the following items will be considered in MU-N areas: (Staff s analysis in italics) • Development should comply with the items listed for development in all Mixed-Use areas. See analysis above. • Residential uses should comprise a minimum of 40%of the development area at gross densities ranging from 6 to 12 units/acre.Residential uses comprise 76%of the developable area including open space;however, the gross density proposed of 3.0 units per acre is significantly below the target density noted in the guidelines for development in MU-N designated areas. Because this site does abut a future highway, staff has also calculated what the residential acreage would be if the buffer along the state highway was removed. With the buffer removed, the developable acreage would total approximately 21.22 acres; increasing the density for 3 units to the acre to 4.38. Staff is of the opinion that additional density can be accommodated within the proposed development. The applicant could provide a more diverse mix of dwelling units in the form of alley-load, townhomes, or secondary dwelling units, as submitted one type of dwelling is proposed. The feasibility of multi family in the area is desirable as there is no employment proposed for the portion of the property that is mostly residential. Staff anticipates higher densities to development on the property directly south of this one based on its designation of Mixed-use Regional. In making the finding for consistency with the plan the Commission and Council should determine if the proposed density is appropriate for this project due to the limiting factors noted in this section of the report. Page 7 Page 131 Item#9. • Non-residential buildings should be proportional to and blend in with residential buildings. Future civic buildings should comply with this guideline. • Three specific design elements should be incorporated into a mixed-use development: a) street connectivity,b)open space, and c)pathways. Street connectivity, open space and pedestrian pathways are proposed in this development and connect to the abutting residential development to the north and the future development to the south. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses,maximum building size should be limited to a 20,000 square-foot building footprint. For the development of public school sites,the maximum building size does not apply.None of the proposed structures exceed a 20,000 square foot building footprint. • Supportive and proportional public and/or quasi-public spaces and places such as parks, plazas, outdoor gathering areas, open space,libraries,and schools should comprise a minimum of 10%of the development area. Outdoor seating areas at restaurants do not count towards this requirement.Although not on this site, a high school exists on the adjacent property to the west; a large amount of open space (5+/-acres) is proposed along the east boundary of the residential development abutting the SH-16 corridor.A total of 19.1% qualified open space is proposed overall. • Where the development proposes public and quasi-public uses to support the development above the minimum 10%,the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint.None are requested. • A straight or curvilinear grid or radiating street pattern is encouraged for residential areas, and most blocks should be no more than 500' to 600' long, similar to Old Town or Heritage Commons; larger blocks are allowed along arterial streets. The proposed development generally meets this guideline. The following Comprehensive Plan Policies are applicable to this development: • "Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian's present and future residents."(2.01.02D) Only one housing type,single-family detached, is proposed in this development. Other housing types(i.e. single-family attached units, townhomes,secondary dwellings or multi family)could be added to this development for variety, which would increase the density of the development more in line with the guidelines for mixed use designated areas. However, because of the limited access to this site, Staff is hesitant to recommend more units be provided in this development. If Commission feels a variety of housing types at a higher density should be provided more in line with the MU-N designation, Commission should require revisions to the plat accordingly. • "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 in Chukar Ridge Subdivision to the north and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response time for the Police Dept.falls within the established goals. At this time, the emergency response time for the Fire Dept.falls outside of the 5-minute response time area; once Fire Station No. 8 is constructed in the summer of 2023, it will meet the response time goal. Page 8 Page 132 Item#9. • "Encourage compatible uses and site design to minimize conflicts and maximize use of land." (3.07.00) Staff believes the proposed uses and site design are compatible with each other and with the existing high school to the west. • "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;services are required to be provided to and though this development in accord with current City plans. • "With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) A 10 foot wide multi-use pathway is proposed within the common open space area adjacent to future SH-16, which stubs to the north and south for interconnectivity with adjacent development; other pathway connections are proposed to this pathway throughout the development. A pedestrian pathway is also proposed to the high school campus to the west.A substantial amount of usable open space&quality amenities is proposed in this development. • "Evaluate comprehensive impacts of growth and consider City Master Plans and Strategic Plans in all land use decisions (e.g.,traffic impacts, school enrollment, and parks)."(3.01.01A) A Traffic Impact Study(TIS)was required by ACHD for this development and was taken into consideration in ACHD's report. WASD submitted comments stating that approximately 93 school aged children are estimated to be generated by this development; enrollment at the affected schools is currently under capacity. The closest City Park to this site is Seasons Park, a neighborhood park consisting of 7.13 acres, to the southeast of W. Ustick Rd. and N.McDermott Rd.A future City Park is designated on the FL UM within a half mile of this site to the northwest. • "Require all development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices."(3.07.01A) The proposed site design features a large linear common open space area as a transition and buffer between the proposed residential area and future SH-16. Lots proposed along the northern boundary are compatible in size and area with those in Chuker Ridge. • "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 proposed as required with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan per the analysis above.Although the proposed density is below that desired in MU-N designated areas and there are no supporting services for the residential development, Staff believes the proposed development is appropriate for this area based on the lack of access available to the site from collector or arterial roadways. The LDS seminary and land proposed to be donated for a Boys & Girls Club will provide religious and childcare Page 9 Page 133 Item#9. facilities within close proximity to the high school on the abutting property to the west which will be a benefit for area residents and the community. V. UNIFIED DEVELOPMENT CODE ANALYSIS(UDO A. Annexation: The proposed annexation area consists of 40 acres of land with R-8 (31.59 27.63 acres),L-O (1.64 acres)and M-E(6-.7-7 10.72 acres) zoning districts. As discussed above in Section IV.,the uses proposed in this development are consistent with the MU-N FLUM designation. The proposed residential use(i.e. single-family detached homes) is principally permitted in the R- 8 district; future development should comply with the dimensional standards listed in UDC Table 11-2A-8. The LDS seminary(i.e. church or place of religious worship)is principally permitted in the L-O district, subject to the specific use standards listed in UDC 11-4-3-6;the Boys&Girls Club(i.e. civic, social or fraternal organization) is a conditional use in the L-O district, subject to the specific use standards listed in UDC I1-4-3-7; and research and development is a principal permitted use in the M-E district-future development should comply with the dimensional standards for the applicable district in UDC Table 11-2B-3. The property is contiguous to City annexed land to the north and west and is within the City's Area of City Impact boundary. A legal description and exhibit map of the overall annexation area along with individual legal descriptions and exhibit maps for the R-2 and R-4 zoning districts are included in Section VIII.A. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-651IA. To ensure future development is consistent with the development plan proposed with this application and with the Comprehensive Plan, Staff recommends a new DA is required with this application,containing the provisions noted in Section VIII.A, as discussed herein. Beeause a eeneeptual develepmen4 plan wasn't ineluded in this appheation for-the eeflifaer-eial development plan feF that;Vva oh-at is eoasisteat with the development pidelines in the Comprehensive Plan for-the MU N designation. After the Commission hearing, a conceptual development plan was submitted for the commercial M-E zoned portion of the site that is consistent with the development guidelines in the Comprehensive Plan for the MU-N designation. B. Preliminary Plat: The proposed preliminary plat consists of a total of 112 lots consisting of(93)buildable lots and (13)common open space lots on 3 1.59 27.63 acres of land in the R-8 zoning district; (2) buildable lots on 1.64 acres of land in the L-O zoning district; (1)buildable lot on 6-.W 10.72 acres of land in the M-E zoning district; and(3)future right-of-way lots on 40 acres of land for Aviator Springs Subdivision. The future ROW for SH-16 totals 7.9 acres and the McDermott ROW is 0.8 of an acre. The subdivision is proposed to develop in two(2)phases as shown on the preliminary plat. The first phase will contain the land on the west side of future SH-16 and the second phase will contain the land on the east side. The Applicant requests approval for one building permit for the LDS seminary building to be issued prior to subdivision of the property. Because there are no structures on this property, Staff is amenable to the request. Page 10 Page 134 Item#9. Existing Structures/Site Improvements: There are no existing structures or site improvements on this property; it's currently agricultural land. Subdivision Design and Improvement Standards(UDC 11-6C-3): Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and block face. The proposed plat complies with these standards. Access(UDC 11-3A-3) Access is proposed to the western portion of the development via the extension of two(2)local streets from the north from Chukar Ridge Subdivision.A temporary emergency access easement has been granted to the subject property by WASD through the school property until such time as another acceptable secondary access is provided to the site that meets Fire Dept. requirements. Future SH-16 is planned to bisect this site on Lot 1,Block 5. Access is proposed to the eastern portion of the site via N. McDermott Rd. Direct access via future SH-16 is prohibited. One(1) stub street is proposed to the south for future extension and interconnectivity. Typically, a street generally paralleling the state highway is required with development to provide connectivity and access to all properties fronting the state highway that lie between the Applicant's property and the nearest section line road and/or half mile collector road. Because the developments to the north(i.e. Chukar Ridge&Gander Creek)did not provide such a road, Staff is not requiring one with this development. The stub street to the south is located at the back edge of the street buffer along future SH-16,which can be extended to the south to Ustick Rd. in accord with UDC 11-3H-4B.3. Parking(UDC 11-3 : Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Garages and parking pads in driveways are proposed to satisfy this requirement. The proposed street sections accommodate on-street parking on both sides of the streets for guests in addition to driveway parking spaces on each lot; 146 spaces are proposed for guests in the residential area along with another 28 spaces as depicted on the parking plan in Section VII.E. Staff is of the opinion sufficient parking can be provided for this development. Off-street parking is also required for the 600 square foot building/changing rooms at the community swimming pool. A minimum of(1) space is required; a total of 11 spaces are proposed, including(1)ADA space,in excess of UDC standards. Pathways(UDC 11-3A-8): The Pathways Master Plan does not depict any required multi-use pathways on this property. A 10' wide multi-use pathway is proposed within the common open space area adjacent to future SH-16. The pathway is required to be placed in a 14-foot wide public use easement,which shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s) for Phase 1. Sidewalks(UDC 11-3A-17): Sidewalks are required to be provided adjacent to all streets as set forth in UDC 11-3A-17. Detached sidewalks are proposed within the development as depicted on the landscape plan. Parkways (UDC 11-3A-17): Eight-foot wide parkways are proposed along all internal public streets where detached sidewalks are proposed. All parkways should be constructed in accord with the standards listed in UDC I I- 3A-17E. Because tree-lined streets are desired in MU-N designated areas, Staff recommends Page 11 Page 135 Item#9. trees and landscaping are added within all parkways per the standards in UDC 11-3A-17E and 11-313-7C. Landscaping(UDC 11-3B): A 35-foot wide street buffer is required on both sides of future SH-16, a state highway and entryway corridor. Landscaping is required to be installed within the buffer per the standards listed in UDC 11-3B-7C,which require a mix of trees and shrubs, lawn, or other vegetative groundcover—shrub should be included in the buffer in accord with this standard.A dense buffer is proposed on the west side of future SH-16 consisting of a mix of deciduous&coniferous trees; shrubs should be added as required by UDC 11-3B-7C. No buffer is depicted on the east side of future SH-16; a minimum 35-foot wide street buffer is required in a common lot or a permanent dedicated buffer with landscaping included on the landscape plan in accord with UDC standards. Common open space is required to be landscaped in accord with the standards listed in UDC 11- 3G-3E. At a minimum, one tree per 8,000 square feet of common area is required to be provided along with lawn or other vegetative groundcover. Landscaping is proposed in excess of UDC standards as shown on the landscape plan in Section VII.C. Landscaping is required adjacent to all pathways per the standards in UDC 11-3B-12C. A 5' wide landscape strip is required on both sides of pathways planted with a mix of trees, shrubs,lawn and/or other vegetative ground cover. The Landscape Requirements table should include the linear feet of pathway with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. The Landscape Requirements table should include the linear feet of parkways within the development with the required vs.proposed number of trees to demonstrate compliance with UDC standards. Qualified Open Space(UDC 11-3 A minimum of 10%qualified open space meeting the standards listed in UDC 11-3G-3B is required for developments over 5 acres in size. Based on the area of the plat,40 acres, a minimum of 4 acres of qualified open space is required. The open space exhibit in Section VII.D depicts 7.64 acres(or approximately 23.8%) of common open space for the development in excess of the minimum standards. The exhibit includes all of the street buffer along future SH-16,whereas only 50%of the buffer qualifies per UDC 11-3G-3B.4; however,the amount of open space still exceeds the minimum standards. Qualified Site Amenities(UDC 11-3G� A minimum of one(1) qualified site amenity is required for developments over 5 acres in size and up to 20 acres,with one(1)additional amenity required for each additional 20 acres of development area. Based on a total of 40 acres of the residential development area, a minimum of two (2) qualified site amenities are required.A swimming pool with changing rooms,pedestrian pathways, additional qualified open space of at least 20,000 square feet in area and children's natural play structures are proposed as amenities in excess of the minimum UDC standards. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications and ordinances. Design and construction is required to follow Best Management Practices as adopted by the City. The Applicant submitted a Limited Geotechnical Engineeringeport for the subdivision. Page 12 Page 136 Item#9. Pressure Irrigation(UDC 11-3A-15): Underground pressurized irrigation water is required to be provided for each and every lot in the subdivision as required in UDC 11-3A-15. Utilities(UDC 11-3A-21): Utilities are required to be provided to the subdivision as required in UDC 11-3A-21. Waterways(UDC 11-3A-M: The Eight Mile Lateral is a large open waterway that crosses the southwest corner of the site lies within a 50-foot wide irrigation easement that is proposed to be piped. The UDC allows waterways such as this to remain open when used as a water amenity or linear open space as defined in UC 11-1A-1; otherwise,they are required to be piped or otherwise covered per UDC 11-3A-6B. The decision-making body may waive this requirement if it finds the public purpose requiring such will not be served and public safety can be preserved. Fencing(UDC I1-3A-6 and 11-3A-7)• All fencing is required to comply with the standards listed in UDC 11-3A-7. A 6-foot tall open vision metal fence is proposed adjacent to internal common open space areas to distinguish common from private areas. A 6-foot tall solid vinyl fence is proposed at the back edge of landscape buffers along local streets and at the rear of building lots facing future SH-16.A 6 Noise Attenuation Wall(I1-3H-4D : Noise abatement is required for residential uses adjoining a state highway. A berm or berm and wall combination is required to be constructed parallel to the state highway that meets the standards listed in UDC 11-3H-41). A 6-foot tall fence/wall is proposed on the landscape plan that does not meet the required standards as there is no berm proposed. In accord with City Council's direction on previous developments to the north(i.e. Chukar Ridge& Gander Creek subdivisions), Staff recommends a 6-foot tall berm with a 6-foot tall wall on top of the berm is constructed within the buffer along future SH-16.The berm/wall is required to be a minimum of 10-feet higher than the elevation at the centerline of the state highway; the wall must meet the standards in UDC 11-311-41).3.A detail of the proposed berm/wall combination that demonstrates compliance with the standards listed in UDC 11-311-41) and as recommended by Staff should be was submitted with the fin for-the first phase of developm after the Commission hearing.Alternative compliance may be approved by the Director as set forth in UDC 11-5B-5 where the applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer per UDC 11-3H-4D.4. Building Elevations(UDC 11-3A-19 I Architectural Standards Manuan: Two(2)conceptual building elevations were submitted for future homes in this development as shown in Section VII.G. Single-family detached dwellings are exempt from the design standards in the Architectural Standards Manual. A Certificate of Zoning Compliance and Design Review application shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. Because homes on lots that abut future SH-16 will be highly visible,the rear and/or side of structures on lots that face the highway should incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses,step-backs,pop-outs), bays,banding,porches,balconies, material types,or other integrated architectural elements Page 13 Page 137 Item#9. to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat with the requirement of a DA with the conditions noted in Section VIII per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on October 21,2021. At the public hearing,the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing_ a. In favor: Matt Adams, The Land Group b. In opposition:None C. Commenting: Todd Tucker, Boise Hunter Homes(BHH) d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony a. BHH requested the stub street to the south be shifted further to the east to align with the planned location of the street in their future development; b. The Applicant stated they'd like to.pursue development of the LDS seminary and residential portions of the development first and restrict development of the Boys& Girls Club lot until a second public street access is available consistent with the ACHD conditions of approval. 3. Key issue(s)of discussion by Commission: a. The single public street access to this development; b. Secondary emergency access and parameters of the M-E zone. 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 December 14,2021 and January 25,2022.At the public hearing on January 25',the Council moved to approve the subject AZ and PP requests to January 25,2022. 1. Summary of the City Council public hearing: a. In favor: Matt Adams, The Land Group; Ron Hopper;Hethe Clark, Clark Wardle b. In opposition:None c. Commenting: Todd Tucker,Boise Hunter Homes; Travis Hunter,Boise Hunter Homes; Sue Waggoner;Mark Waggoner. d. Written testimony:Bart Hamilton,David Austin,Holly Miller,Jen Johnson,Jennifer Reese,Lance&Camie Olsen,Maile Thomas.Mathew&Nicole Gamette,Megan Roos Trish Dildine,Troy Ball,Greg Bo=,Paula Horsager,Melanie Evans;Matt Adams The Land Group e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimonv. a. Many letters in support of the LDS seminary were submitted; b. The Applicant submitted a response to the Commission recommendation(in agreement); Page 14 Page 138 Item#9. c. Todd Tucker,Boise Hunter Homes,requested the stub street to the south be shifted further to the east closer to future SH-16 to align with the planned location of the street in their future development: d. Concern pertaining to impacts on water usage and from traffic generated from this development and public safety: e. Updated school enrollment calculations resulting in 53 fewer students generated from this development than originally anticipated. f. The property owner to the south requests Council approval of a reduction to the width of the street buffer at the southeast corner of this site along future SH-16 to facilitate a shift of the stub street to the south closer to SH-16 to allow for a reduced buffer width in the future on the adjacent property to the south when it comes in for development: gc Not in favor of the density of the proposed development, desire for it to be less dense. 3. Key issue(s)of discussion by City Council: a. Mr. Tucker's request for the stub street to the south to be shifted further to the east closer to future SH-16: b. Concern pertaining to this development's impact on enrollment at area schools: c. Concern pertaining to this development's impact on transportation in this area: d. Impact on the proposed development from the adjacent school(i.e. traffic,parking possibility of students using the common area and pool,trash, etc.): e. Possible realignment of future SH-16 and resulting impact on the proposed development. 4. City Council change(s)to Commission recommendation: a. None Page 15 Page 139 Item#9. VII. EXHIBITS A. Annexation/Zoning Legal Descriptions&Exhibit Maps � THE LEGAL DESCRIPTION % ���. LAND Page lOF1 v GROUP July 9.2021 Project No.: 120124 EXHIBIT"Au ANNEXATION/REZONE AVIATOR SRINGS SUBDIVISION ACCLIMA INC_ An area of land being the Northeast one quarter of the Southeast one quarter of Section 32, Township 4 North, Range 1 West,Boise Meridian,Ada County, Idaho,being more particularly described as follows: BEGINNING at the East One Quarter corner of said Section 32{from which the Southeast corner of said Section 32 bears South 00'29'50"West,2633.22 feet distant),- Thence South 00'2W 5W West,1316.11 feet,to the South One Sixteenth East corner of said Section 32; Thence North 89'20'147'West, 1324.23 feet,to the Southeast One Sixteenth corner of said Section 32; Thence North 00'33'03" East,1316.33 feet,to the Center East One Sixteenth corner of said Section 32; Thence South BT IV 39"East, 1323.00 feet,to the POINT OF BEGINNING: The above described area of land contains 40.0 acres, snore or less_ PREPARED BY: The Land Group,Inc. ski LA Michael Ferrenia, PLS ` 0. g G ' OF IC] 4w 4,.`3 Page 16 Page 140 Item#9. G=1{1�tth 989 19my 1323.40' — — E11 4— S_33 S_32 j � PUB =' i I Annexation l Rezone for Acclima Inc. Being the HE ir4 of the SE 1;4 of Section 32 Township 4 North.Range 1 West.Boise Meridian Ada County.Idaho ri 2021 t^ ANNEXATION;'REZONE C]i �F ?AREA:±40.3 Acres � NE OF THE 5E Fes, 1 � i — Sf1ftNh 311dthE — — — NBW014NW t 324-23 KLLA SIT O %, V-NS S_33- -S L5 4— SE CUR SEC 32 '# S_ 3 250' 4500' Exhibit "B" ,?{cr��s w H:ritant& Snle:V=254 120194 Gated Issuarce:July 9,20M r THE Annexation I Rezone �- LAND Aviator Springs Subdivision a MMOROUP Acclima Inc. Page 17 Page 141 Item#9. r+- LEGAL DESCRIPTION -: TH E LAN D Page 1 OF 2 GROUP October 18,2021 Project No.: 120194 EXHIBIT"A" AVIATOR SRINGS SUBDIVISION ACCLIMA INC. ZONE R-8 REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho, 'being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, (from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00°29'50"West, 1316.11 feet distant); Thence North 89°19'39"West,a distance of 262.39 feet on the east-west mid-section line of said Section 32 to a point of curve,said point being the POINT OF BEGINNING; Thence 673.35 feet on the arc of a curve to the left,said curve having a radius of 13,000.00 feet, a central angle of 02'58'04",a chord bearing of South 08"15'59"West,and a chord length of 673.28 feet on the proposed centerline of Highway 16; Thence South 09"45'QO"West,a distance of 657.04 feet on the proposed centerline of Highway 16 to a point on the south line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence North 89'20' 14"West,a distance of 865.18 feet on said south line to the southeast 1/16th corner of said Section 32; Thence North 00'33'03" East,a distance of 570.42 feet on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence South 89'25' 18" East,a distance of 217.12 feet; Thence North 00'40'21" East,a distance of 176.00 feet; Thence North 89'25' 18"West,a distance of 217.49 feet to a point on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; Thence North 00'33'03" East,a distance of 19.62 feet on said west line; Thence South 89"25' 18" East,a distance of 217.54 feet; Thence North 00°40'21" East,a distance of 155.94 feet; Thence North 89°19'39"West,a distance of 41.70 feet to a point of curve; Thence 25.23 feet on the arc of a curve to the right,said curve having a radius of 67.00 feet,a central angle of 21'34'42",a chord bearing of North 78'32' 18"West,and a chord length of 25.08 feet; Thence South 22'15'03"West,a distance of 11.20 feet; Thence North 89'25' 18"West,a distance of 147.39 feet to a point on the west line of said Northeast Quarter of the Southeast Quarter of Section 32; 462 East Shore Drive,Suite 100. Eagle. Idaho 03616 208939.4041 therandgroupinc.com Page 142 Item#9. October 19,2021 Page 2 Thence North 00'33'03" East,a distance of 399.96 feet on said west line to a point on the east-west mid-section line of said Section 32; Thence South 89"19'39" East,a distance of 1060.61 feet on said mid-section line to the POINT OF BEGINNING. The above described contains 27.63 acres more or less. PREPARED BY: The Land Group,Inc. �0 pL L.AN�.i` • !� P. 7880 10-19-2021 orq qT or ED James R.Washburn WA, Page 19 Page 143 Item#9. CE 1116th N89119'39"W 1323.00' S.32 S.33 S89°19'39"E 1060.61, 2fi2.39' i S22-15-03-W 11.20' 1 M N89°25'18 C POB E1/4 =1"W 0 147.39 N89°19'39"W i } 41.70' c' r x iz W+ �U x N1i � f i z m + o S89°25'18"E 217,54' LL+ —— N00'33'031 19.62' _ a r I -- i --N89°25'18"W 217.49' i CR Ln a o 1— LU A I i DETAIL o l $ I 1 N CD IC > o i ? ti u'] C w -- — —- I i m S89°25'18"E 217.12' Cm 'o DETAIL C5 ZONE R-8 SCALE:1"= 10(Y AREA:1,203,692 FTC (27.63 AC) i _----N89°20'14"W 865,18' —� _ 459.05' SE 1116th ——— — N89°20'14'W 1324.23' S 1116th E 1.LAR o Curve Table fl ¢ LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH N T a 880 Cl 673.35' 13,000-00' 2W'04' SOW1559-W 673.28' T 10/1912021 5.32 5.33 0 C2 25.23' 67.00' 21°34'42' N78°32'18"W 25,08' 1. T1T OF\1D S.5 S.4 WA SE COR SEC 32 0 250' 500' Exhibit"B" E Hcrzantal Scale:1'=250' 120194 e ` Dane of Issuance:10119/2021 a � THE Rezone Exhibit s LAND Zone R-8 0 GRDUP Page 20 Page 144 Item#9. LEGAL DESCRIPTION THE CLAN D Page 1 OF 2 URDUP August 20,2021 Project No_: 120194 EXHIBIT uA" AVIATOR SRINGS SUBDIVISION ACCLIMA INC_ REZONE—ZONE L-0 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North,Range 1 West,3oise Meridian,Ada County,Idaho, being more particularly described as follows. Commencing at the East Quarter Corner of Section 32 of said Township 4 North, Range 1 West, (from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00029'50"West, 1316.11 feet distant).- Thence North 89019'39"West,1323.00 feet on the east-west mid-section line to the Center East One Sixteenth corner of said Section 32,- Thence South 00°33'03"West,a distance of 399.96 feet on the west line of the Northeast Quarter of the Southeast Quarter of Section 32 tc the POINT OF BEGINNING, Thence South 8V 25'18"East,a distance of 147.39 feet; Thence North 22'15'03"East, a distance of 11.20 feet to a point of curve,- Thence 25.23 feet on the arc of a curve to the left, said curve having a radius of 57.00 feet, a central angle of 21'34'42", a chord bearing of South 78D 32'18"East,and a chord length of 25.08 feet; Thence South 890 19'39"East,a distance of 41.70 feet,- Thence South 000 40'21"West, a distance of 155.94 feet; Thence North 89'25'18"West,a distance of 217.54 feet to a point on the west line of the Northeast Quarter of the Southeast Quarter of Section 32, Thence North OOD 33'03"East, a distance of 150.33 feet on said west line to the POINT OF BEGINNING. The above described parcel contains 33,162 square feet(0.76 acres)more or less. TOGETHER WITH REZONE—ZONE L-0 A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho, being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, (from which the South 1/16th corner common to Section 32 and Section 33 bears South 00029'50"West, 1316.11 feet distant); 462 East Share drive, Sulle 1017, Eagle. Idaho 83515 2128.939 6a41 thelandgroupinc cam Page 21 Page 145 Item#9. August 20,2021 ?age 2 Thence North 89019'39"West,1323.00 feet on the east-west mid-section fine to the Center East Ore Sixteenth corner of said Section 32, Thence South 00°33'03"West,a distance of 569.91 feet on the west line of the Northeast Quarter of the Southeast Quarter of section 32 to the POINT OF BEGINNING; Thence South 89025'18"East,217.49 feet; Thence South 00`40'21'West,a distance of 176.00 fleet; Thence North 89025'18"West,a distance of 217.12 feet to a point on the wes, line cf the Northeast Quarter of the southeast Quarter of Section 32; Thence North 00033'03"East, 176.00 feet on said west line to the POINT OF BEGINN iNG. The above described contains 39,246 square feet(0.88 acres)more or less_ PREPARED 3Y: The Land Group, Inc. L 1VD y � 7880 9-20-2021 James R_Washburn OF WA Site Planning*landscape Architecture■Civil Engineering•Surveying 462 E.Shore Drive;Su'rte 100.Eagle,Idaho 83616•P 208.939.4041+www.thelandgroupinc.corn Page 22 Page 146 Item#9. C E 1.11 Oth NIB9`f 939�W 1323.QD E114 +. 3.33 — — 5.32 N22'15'03'E 11.20' ._ `i ' 147.39` I r_ 58n 9'39'E r r POB#11 41-70' r i I r ZONE L-O r AREA_±33,162 Ff rIZ NB9'2518"W 217.54' r --19.62' ' SBSi 2518'E 217.49' i+ _— V-P PDB#2 o ' � � 4 DETAIL —' r W. ZONE L-© IR M r AREA ±38 246 N89^25118"w DETAIL I I I BE 111Uh SCALE: 1'=100' S 1J151h E — NI89°2D'141W 1324.23' p,ti.I.A TE 4cn ,4 F380 �ol CURVE LENGTH RADIUS DELTA CHORDBEARING CHORD LENGTH g B-20-2021 i In G1 25.23' 67.00' 21c34'92' S78'3211B'E 25,0 S-32 S-33 S.5 SA 1WA5' SE COR SEC 32 Y Exhibit 250' 500' "Bn g Hoftontal Scale:1'=250 120154 Dire of*�E:W112921 THE Rezone Exhibit �-- .° LAND Zone L-0 GROUP Page 23 Page 147 Item#9. •� ice_ LEGAL DESCRIPTION i� if/p-M ■= LAND Page 1 OF 1 �= GROUP October 19,2021 Project No.:120194 EXHIBIT"A" AVIATOR SRINGS SUBDIVISION ACCLIMA INC. ZONE M-E REZONE DESCRIPTION A parcel of land located in the Northeast Quarter of the Southeast Quarter of Section 32,Township 4 North, Range 1 West,Boise Meridian,Ada County,Idaho, being more particularly described as follows: Commencing at the East Quarter Corner of Section 32 of said Township 4 North,Range 1 West, (from which point the South 1/16th corner common to Section 32 and Section 33 bears South 00°29'50"West, 1316.11 feet distant),said East Quarter Corner of Section 32 being the POINT OF BEGINNING; Thence South 00'29'50"West,a distance of 1316.11 feet on the east line of said Section 32 to the South 1/16th corner common to Section 32 and Section 33; Thence North 89'20' 14"West,a distance of 459.05 feet on the south line of the Northeast Quarter of the Southeast Quarter of Section 32; Thence North 09'45'00"East,a distance of 657.04 feet to a point of curve; Thence 673.35 feet on the arc of a curve to the right,said curve haying a radius of 13,000.00 feet,a central angle of 02'58'04",a chord bearing of North 08'15'59"East,and a chord length of 673.28 feet to a point on the east-west mid-section line of said Section 32; Thence South 89'19'39" East,a distance of 262.39 feet on said mid-section line to the POINT OF BEGINNING. The above described parcel contains 10.72 acres more or less. PREPARED BY: The Land Group,Inc. L LAND �{ a 7888 2 10-19-2021 sT �o °1. 9T or 19P��stti James R.Washburn g y`h 462 East Shore Drive,Suite 100. Eagle, Idaho 83616 208.939.4041 thelandgroupinc.cam Page 24 Page 148 Item#9. S89°19'39"E 1323.00' E 114 S.33FOB E 1{16th 1060.61' — — i—a 262.39 C j S.32 f I � ZONE M-E f r AREA:467,071 FT' f W (10.72AC) PROPOSED CENTERLINE OF HIGHWAY 16 �f I . �f 865.18' _ 459.05'i L L.4.Np SE 1/16th N89°20'14'W 1324.23' S 1116th E�_ ti �� R G Curare Table Cl1RVE LENGTH RADIUS DELTA CHORD BEARING CHORD LENGTH N T 1 011 812 0 2 1 r J s�9T Ar° C1 673,35 13,000,00' 2°58'04- NW1559'E 673.28' Q £Ovr 1p S.32 S.33 -"�.WA 5.5 S.4 a SE COR SEC 32 EE 0 250' 500' Exhibit "B" a Horizontal Scale:1'=250' 120194 ©are or Issuance:1 q+15r`2021 9THE Rezone Exhibit H LAND Zone M-E a =GROUP Page 25 Page 149 Item#9. B. Preliminary Plat&Phasing Plan (date: °'3'�, 12/2/21)- Revised fireimrmap: THE + _ — LANO F i m, ��- __ __ _-_� •���w I; I c`(1 LegellA. Prapen9 Bnlrer. Jr II 1-•-r Jr�rrl r�,� t it - ,�^`x oereloper. r . "'I ',�:•i, _rl --------- ��l�: �� ,. .I:% maw IIV. I Planner,Engirreer,Landscape Amiulect: L— —_-- � �Fe� ��`�,�• •y ��+i:::�•r I —s-$ m.mma,.,,�,.�.... �m O JL_JL J L J .I.L,Jf_� 1'tj I d - ,..mm�,,..•,e.,ds,. m. ,",:�' ��:•��,�� ��.- p r..�m,:m.,w..,,d� :..,.Ty.,.m..m.�,.es..q„ y .� ___-,J � ,.^.;m��� ��_ .,.,.,,.,. 9i ':•:•: � I � m.�v.. Pralect5ummary:� C CIO Tr`r 1f-Ir •f�7!'-Ir ,'®.r,• r` X„tes om...m,a.,.r�mo..,,.om..�moa H I i I• is% 1 .� —i�ti� � : _ � ..�... ,�. �w dI [ a.=.•I.� I m ,m.m..,. C .fir ,Iy1L , _Cca e .-� • I Benchmarks XAYB•AE Ban. L J I_,J L J J J -- :�r�1+=I�w11.=I?.�I`.-:'��i?=1'r, •;I:• �...o,.a.m..maam,.,a a...,m.:.,. A•awr rao� I .� 1 .I.•I•" I Ion Ig Rep. n e �- l� •il I ;i . . I F§ I I Miminmr Pln 0.wne. I; Preliminary Plat-Olvem w v •- PP-01 Page 26 Page 150 � 1NO IRIII� g . O 0 Item#9. �ort1 umscePe Butter-GaafECSCn is Gf3lisf wage 9Jaanliroa C O y _ _ 7 - •Lt.�iy Va C.7 07� THE LAND Y_ ae 2 d 0 Ammik 40 '.41W o AO �1i I�3,feaesinaa Pa['�a�s antl BaCarel PIaSArea �b�a.nw LP-03 Page 28 Page 152 Item#9. D. Open Space Exhibit(dated: 9/3/21) OPEN SPACE CALCULATION: QUALIFIED OPEN SPACE: I 332,967 SQ FT p= TOTAL BOUNDARY SQUARE FOOTAGE: W Z C2 DRUM RINE lIIBRIYISIRR 2i506-SF i 1,742,400 SQ FT =4I= 4,783-SF — BOUNDARY SQUARE FOOTAGE MINUS HWY 16: 4,169-SF 1,399,108 SQ FT ' PCT.OF QUALIFIED OPEN SPACE OVERALL: _ 19.1% + PCT.OF QUALIFIED OPEN SPACE MINUS HWY 16: -- —� � . �l '1 8,365-SF 238% I -"-- --- "NOTE:OPEN SPACE CALCULATIONS DEPICTED ON THIS SHEET ONLY INCLUDE FUNCTIONAL OPEN SPACE AREA COMMON/OPEN SPACE LOT CALCULATION ON PRE-PLAT OVERVIEW INCLUDES 10,873-SF ADDITIONAL COMMON AREA SUCH AS THE POOL PARKING AREA AND THE SECONDARY EMERGENCY ACCESS_CALCULATIONS INCLUDE BOTH 215,356-SF RESIDENTIALANDCOMMERCIALUSES- 36,203-��F - f FUTURE HWY 16 LOCATION O 7,126-SF — Cn I � 35,013-5F I ` \ Q. +� 2;480-SF y+y •C w II = O S ` 8-MILE LATERAL IRRIGATION EASEMENT CM 0 250' SD0' >� 7 d Preliminary Plat-Open Space Exhibit Q Q _ HodzonU Scale-l'=250' Ned No.:12W94 LP-04 Dale of Isw nw N.133,2027 sus Page 29 Page 153 Item#9. E. Parking Exhibit I Legend: L,�__ -.• RE81°EWALUSE O= ■ PPAAINUENC STREET ■ =o _ PmM lion vXE1E1KO11 28 SPACES 1 =Q I= vSIraR OVERRaw r 21 SPACES r f — srnEETPARNixc L11 +' Is I 14 SPACES 5 SPACES-_ h5 22 SPACES , q' ' PARKING CALCULATIONS: ��� r , RESIDENTIAL USE PARKING: Ili!• 3-4 BEDROOM RESIOENTIAL LOT(93 LOTS @ 410U) REQUIRED:372 f PROVIDED:372(INCLUDES COVERED g il_ 7 SPACES 1 j+J+ GARAGE PARKING AND DRIVEWAYS 3. �Y S Ii POOL AMENITY PARKING:(600 SF @ 1 PER 500 SF) 18 SPACES I 1 REQUIRED:2;1 ADA f PROVIDED-10;1 ADA RESIDENTIAL USE OVERFLOW STREET PARKING: C 1 — 4 SPACES I' „ IV f I REQUIRED:0 r19SPACES 1 PROVIDED-146 ,y I ? + VISITOR OVERFLOW STREET PARKING- REQUIRED- �p �� _i\ r+s f 0 PROVIDED-28 y I +� �+ I ,'a H v 17SPACES r 12 SPACES TJF�I CAJ 17 SPACES Jrh. G7 •Qv Cm 0 250' 500' Cn Po Preliminary Plat-Parking Exhibit Q 4 a Horizontal Scale:l"=250' Dakpv ol m00,0'322029 LP-05 Page 30 Page 154 Item#9. F. Circulation Exhibit LAND GROUP s � - O t FUTURE ELEMENTARY SCHOOL CHUKAR RIDGE SUB 11 L ACIIffIPBA@IT STREFf - --.._ �i S � - • w Fk ❑ -o� OWYHEE HIGH f C SCHOOL m iA s 3 a 0 Il ` FUTURE r 3 a - BY OTHERS x rn li C � y ENDEAVOR STREET i 1 I FUTURE DY OTHERS USTICK ROAD I -- yw Surrounding Areas � �-x ex Page 31 Page 155 r� Page 32 H. Conceptual Development Plan(dated: 9/3/21) THE LAND El p,*SE ------ 4w -------- ptj4W2 RIGHT-OF-V�Ay kOTIftOW,5 rulm k7 .. ................... ------------- - ------------- -- ----------------- ------------ ---------- - ----------- Preliminary Pi.t.Acclima Concept Plan Lot 2 Block 5. PP-11 Page 33 Item#9. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)at the time of annexation ordinance adoption. 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. Development of the subject property shall be generally consistent with the preliminary plat,phasing plan, landscape plan, open space exhibit, conceptual development plan and conceptual building elevations. b. A mix of uses shall be developed on this site consistent with that proposed(i.e. residential, church/civic and commercial) and as required in the MU-N designation. c. , the development agfeeffient standafds and the guidelines for-development in the MU N designation. if multiple The commercial buildings are proposed in the development area on the east side of future SH- 16,the buildings shall be arranged to create some form of common,usable area, such as a plaza or green space in accord with the development guidelines in the Comprehensive Plan for Mixed Use—Neighborhood designated areas and as shown on the conceptual development plan in Section VII.H. d. One building permit for the LDS seminary building shall be allowed prior to subdivision of the property. e. Noise abatement is required to be provided within the street buffer along future SH-16 in accord with the standards listed in UDC 11-3H-4D and as required by City Council in previous developments to the north(i.e. Chukar Ridge and Gander Creek Subdivisions - 6-foot tall berm with a 6-foot tall wall on top of berm). 2. The final plat shall include the following revisions: a. Depict a minimum 35-foot wide street buffer along the east side of future SH-16 in a common lot or on a permanent dedicated buffer on Lot 1,Block 5; include a note stating the buffer will be maintained by the property owner or business owner's association in accord with UDC 11-313-7C.2. b. Include a note prohibiting access to future SH-16. 3. The landscape plan submitted with the final plat shall be revised as follows: a. Add Class II trees and landscaping within all parkways within the development in accord with the standards listed in UDC 11-3A-17E and 11-313-7C as desired in MU-N designated areas. b. Depict a minimum 35-foot wide street buffer along the east side of future SH-16 either in a common lot or a permanent dedicated buffer on Lot 1,Block 5; depict landscaping within the buffer in accord with the standards listed in UDC 11-3B-7C. Include shrubs within all required street buffers. Page 34 Page 158 Item#9. c. Include calculations in the Project Calculations table that demonstrate compliance with the standards for pathway(I1-3B-12C)and parkway(11-3B-7C)landscaping; include required vs.provided number of trees. d. Include a detail of the berm or berm and wall combination required for noise abatement along future SH-16 that demonstrates compliance with the standards listed in UDC 1I- 3H-4D and is consistent with what City Council required on previous developments to the north(i.e. Chukar Ridge&Gander Creek—a 6-foot tall berm with a 6-foot tall wall on top of the berm); or apply for alternative compliance as allowed by UDC 11-3H-4D.4 as set forth in UDC 11-513-5. 4. A 14-foot wide public use easement shall be submitted to the Planning Division for the multi- use pathway within the common open space area along future SH-16 prior to submittal of the Phase 1 final plat for City Engineer signature. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district and 11-2B-3 for the L-O and M-E zoning districts. 6. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 7. The rear and/or sides of structures on lots that are visible from future SH-16 shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections, recesses, step-backs,pop-outs),bays,banding,porches,balconies,material types,or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 8. Non-residential buildings shall be proportional to and blend in with residential buildings as set forth in the Comprehensive Plan. 9. All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council(i.e. the Eight Mile Lateral). 10. A conditional use permit application is required to be submitted and approved for the Boys and Girls Club(i.e. civic, social or fraternal organization) in the L-O zoning district as required by UDC Table 11-2B-2. Compliance with the specific use standards listed in UDC 11-4-3-7 is required. 11. A Certificate of Zoning Compliance and Design Review applications shall be submitted for the non-residential portions of the development and approved prior to submittal of applications for building permits. All non-residential structures shall comply with the design standards listed in the Architectural Standards Manual. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 The geotechnical investigative report prepared by GeoTek,Inc. indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. 1.2 The applicant shall be required to pay the Oaks Lift Station and Pressure Sewer Reimbursement Fees in the amount of$265.25 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid with the first final plat application. Page 35 Page 159 Item#9. 1.3 The applicant shall be required to pay the Oaks Lift Station Pump Upgrades Reimbursement fees in the amount of$185.43 per building lot. The aggregate amount of the reimbursement fees for the entire preliminary plat area must be paid prior to city signatures on the first final plat. 1.4 Ensure infiltration trenches are located so that sewer service lines do not pass through them. 1.5 Install blow-off valve per standard drawing W 13 at the southern property boundary. 1.6 Ensure no permanent structures(trees, fences,bushes,buildings,car ports,trash enclosures,infiltration trenches,light poles, etc.) are placed within utility easements. 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 forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement(marked EXHIBIT A) and an 81/2"x I I" map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 36 Page 160 Item#9. 2.7 Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used,or provide record of their abandonment. 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. 2.16 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. 2.17 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. 2.18 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. 2.19 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. 2.20 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 hgp://www.meridiancit .00rglpublic_works.aspx?id=272. Page 37 Page 161 Item#9. 2.21 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. 2.22 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 https://weblink.meridiancity.org/WebLink/Doc View.gyp x?id=237898&dbid=0&repo=MeridianC i &cr=1 D. POLICE DEPARTMENT https://weblink.meridianciV.orglWebLink/Doc View.aspx?id=237478&dbid=0&repo=MeridianC ky E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https://weblink.meridianciU.org/WebLink/Doc View.aspx?id=239097&dbid=0&r0o=MeridianC hty F. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancioy.org/WebLink/Doc View.aspx?id=238412&dbid=0&repo=MeridianC 41 G. WEST ADA SCHOOL DISTRICT(WASD) https:11web1ink.meridianci.�.org/WebLink/Doc View.aspx?id=250217&dbid=0&repo=MeridianC Lty(Updated) H. COMMUNITY DEVELOPMENT SCHOOL IMPACT ANALYSIS https://weblink.meridianci.�.orglWebLinkIDoeView.aspx?id=239278&dbid=0&repo=MeridianC hty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancioy.org/WebLink/DocView.aspx?id=240021&dbid=0&repo=MeridianC hty J. PARK'S DEPARTMENT https://weblink.meridianciN.orglWebLinkIDoeView.aspx?id=240082&dbid=0&repo=MeridianC hty Page 38 Page 162 Item#9. IX. FINDINGS A. Annexation and/or Rezone(UDC 11-513-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall, at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposed zoning map amendment to R-8, L-O and M-E and subsequent development is generally consistent with the Comprehensive Plan due to surrounding land uses, existing development patterns,future extension of Hwy 16 and limited access. 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 will allow for the development of single-family detached homes which will contribute to the range of housing opportunities available within the City consistent with the purpose statement of the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and The City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is generally consistent with the adopted Comprehensive Plan due to surrounding land uses, existing development patterns,future extension of Hwy 16 and limited access. (Please see Comprehensive Plan Policies in, Section IV. of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property with development. (See Exhibit B of the Staff Report for more details from public service providers) Page 39 Page 163 Item#9. 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; The 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, The 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. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 40 Page 164