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Vanguard Village Rezone H-2021-0081 (2022-049799)
ADA COUNTY RECORDER Phil McGrane 2022-049799 BOISE IDAHO Pgs=85 BONNIE OBERBILLIG 05/25/2022 08:05 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2. Meridian 118, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 24th day of May , 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 Meridian 118, LLC, whose address is 3005 W. Horizon Ridge Parkway, Suite 141, Henderson, Nevada, 89052, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain land in the County of Ada, State of Idaho, described in Exhibit"A", which is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I 1-513-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developer has submitted an application for a modification of an existing Development Agreement(Instrument#110115738) to replace it with a new agreement for the proposed development and a rezone on the property as shown in Exhibit"A"under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council, includes responses of DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION(H-2021-008 1) PAGE I OF 9 E82 government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 3rd day of May,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,The Property contained in Exhibit"A"shall no longer be subject to the terms of the existing Development Agreement(Instrument#110115738) or any prior development agreement and shall be bound only by the terms contained in this Agreement. 1.11 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19,2019,Resolution No. 19-2179, and the UDC, Title 11. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT-VANGUARD VILLAGE SUBDIVISION(H-2021-0081) PAGE 2 OF 9 3.2 OWNER/DEVELOPER: means and refers to Meridian 118, LLC, whose address is 3005 W. Horizon Ridge Parkway, Suite 141, Henderson, Nevada, 89052 hereinafter called OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)/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. 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 site plan, qualified open space exhibit, site amenity exhibit, pedestrian circulation plan, preliminary plat, phasing plan, landscape plan and conceptual building elevations submitted with the applications contained herein. b. All future development, site design and building design shall comply with the guidelines in the Ten Mile Interchange Specific Area Plan (TMISAP) and the standards in the Architectural Standards Manual (ASM), as applicable. The City Council approved alternatives to the design guidelines in the TMISAP consisting of lower roof pitches of 2:12 for the community clubhouse amenity buildings and 3:12 for the townhome garages to allow larger windows with lower sills at the second level; and front patios with railings that frame off the entrances that are covered by the above balconies instead of front stoops due to concerns pertaining to compliance with ADA requirements. c. An encroachment permit is required for any improvements proposed within the Williams pipeline easement.A copy of the executed encroachment agreement shall be submitted to the City prior to issuance of any Certificate of Zoning Compliance for this site.Uses such as daycares, schools,hospitals, assisted living facilities,etc. where occupants are not able to leave the area quickly in case of an emergency, are DEVELOPMENT AGREEMENT-VANGUARD VILLAGE SUBDIVISION(H-2021-0081) PAGE 3 OF 9 discouraged in the vicinity of the pipeline. All development within the Williams pipeline easement shall comply with the Williams Developers' Handbook. d. The street sections for Sunset Point Way and Coral Reef Way shall be constructed in accord with Street Section D (residential collector street) in the TMISAP, which requires 11-foot travel lanes, 6-foot bike lanes, 8-foot parallel parking, 8-foot parkways and minimum 6-foot wide detached sidewalks (see pg. 3-21 and 3-23). e. The street sections for Vanguard Way and Umbria Hills shall be constructed in accord with Street Section C (major collector street) in the TMISAP with a modification that allows (3) 11-foot travel lanes, on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot parkways and detached 10-foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale(see pg. 3-20, 3-22, 3-23). f. Sidewalks, walkways and pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color, markings,materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP (see pg. 3-28, Crosswalks). g. Development in the R-15 district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP)for Medium High Density Residential (MHDR) designated areas. h. Development in the C-C district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP)for Mixed Use Commercial (MU-COM) designated areas. i. Development in the M-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for Mixed Employment(ME) designated areas. j. Development in the H-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for High- Density Employment(HDE) designated areas. k. Public art in a high quality of design shall be provided in shared spaces and incorporated into the design of streetscapes as set forth in the TMISAP (see pg. 3- 47). 1. Design elements shall be provided within the overall development as required in the Application of the Design Elements matrix on pg. 3-49 of the TMISAP. in. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance application(s) and/or building permit application(s). The Applicant may submit a design review application(s) to finalize building design DEVELOPMENT AGREEMENT-VANGUARD VILLAGE SUBDIVISION(H-2021-0081) PAGE 4 OF 9 prior to recordation of the final plat(s). n. The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code, Ten Mile Interchange Specific Area Plan, Comprehensive Plan, Architectural Standards Manual, and provisions of the development agreement contained herein, prior to issuance of building permits for any structure(s)within this site. 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. 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 DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION(H-2021-0081) PAGE 5 OF 9 Page 86 by any parry 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 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: DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION(H-2021-0081) PAGE 6 OF 9 Page 87 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: Meridian 118, LLC 3005 W. Horizon Ridge Parkway, Suite 141 Henderson,Nevada 89052 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed.City agrees,upon written request of Owner/Developer or any successor owner, to execute appropriate and recordable evidence of termination or partial termination of this Agreement if City, in its sole and reasonable discretion,had determined that Owner/Developer or the successor owner as to their property have fully performed their obligations,and there are no remaining continuing or on-going obligations that are the subject of the termination or partial termination under this Agreement.A partial successor owner may also request the City to modify the Agreement to separate the successor owner's property and applicable conditions and restrictions into a separate Development 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. DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION(H-2021-0081) PAGE 7 OF 10 Page 88 Item#8. 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] DEVELOPMENT AGREEMENT—VANGUARD VILLAGE SUBDIVISION(H-2021-0081) PAGE 8 OF 9 Page 89 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Meridian 118, LLC By:Tan cs Z 4Al- CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 5-24-2022 Chris Johnson, City Clerk 5-24-2022 Nuada STATE OF-I-9AHE) ) GarK : ss: County of A4a- ) On this CO day of 202.2,before me,the undersigned,a Notary Public in and for said State, personally appeared A(IM ES Zf,Ik r known or identified to me to be the of Meridian 118, LLC and the person who signed above and acknowledged to me that he executed the same o ehalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Wf PATRICIA PE:NA Notary Public for Notary Pubtic,State oada No. 21-4623- Residing at: q2 tp S oAo n NO 9gOl► ,. My Appt.Exp.June 1025 My Commission Expires: 0 I"1 2S STATE OF IDAHO ) ss County of Ada ) On this 24th day of May 2022 , before me, a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, Idaho Commission expires: 3-28-2028 Item#8. Exhibit A TO ENGINEERS Project No: 190580 Date: May 16, 2022 Page 1 of 2 MERIDIAN 118 A parcel of land, situated in a portion of SE1/4 of the NW1/4, NE1/4 of the SW1/4 and the NW1/4 of the SE1/4 of Section 15, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: A) COMMENCING at a brass cap monument marking the west one-quarter corner of said Section 15, thence along the south boundary of said NW1/4, B) S.89014'36"E. 1322.75 feet to the center-west one-sixteenth corner of said Section 15 and the POINT OF BEGINNING; thence, along the west boundary of said SE1/4 of the NW1/4, 1) N.0003956"E. 1328.79 feet to the northwest one-sixteenth corner of said Section 15; thence, along the north boundary of said SE1/4 of the NW1/4, 2) S.89015'14"E. 1321.49 feet to the center-north one-sixteenth corner of said Section 15; thence, along the east boundary of said SE1/4 of the NW1/4, 3) S.00036'37"W. 1328.96 feet to the center one-quarter corner of said Section 15; thence, along the north boundary of said NW1/4 of the SE1/4, 4) S.89014'39"E. 1321.43 feet to the center-east one-sixteenth corner of said Section 15; thence, leaving along the east boundary of said NW1/4 of the SE1/4, 5) S.00033'00"W. 1299.29 feet to the north right-of-way line of Interstate 84; thence, along said right-of-way line the following seven courses: 6) S.88047'49"W. 312.10 feet; thence, 7) N.86048'58"W. 675.49 feet; thence, 8) N.84005'20"W. 546.27 feet; thence, 9) N.8402221"W. 139.20 feet; thence, 10) N.81025'39"W. 569.26 feet; thence, z 2471 S.Titanium Place Meridian.ID 83642 P: 208.323.2288 to•engineers.com Page 91 Item#8. T-0 ENGINEERS Project No: 190580 Date: May 16, 2022 Page 2 of 2 11) N.85010'48"W. 150.33 feet; thence, 12) N.81021'31"W. 266.05 feet to the west boundary of said NE114 of the SW114; thence along said boundary, 13) N.00039'32E. 1095.79 feet to the POINT OF BEGINNING. CONTAINING: 115.26 acres, more or less i� ► 3765 4pF OF it ov��� 2 2471 5.Titanium Place Meridian,ID 83642 P: 208.323.2288 to-engineers.com Page 92 [7 OC1 w o � Ino z r r cr y Qw0 W u _ LLI 2: 2 4 00 = � � n x LC) Na��� w � rLLoo ' y � Z 001zU o Z - Q W ¢Do W = Q N 'ir S� 0� Q L co ]J Z 2 C-)i w � N b ce) w v Z z w L] LLJC) 0 a W ~ wU d � 0U) o o 9s'sz M„t tS£.00s .6Z'66Z L M d££.00S r LU CD m W U U J g = 2 u7 �'�l z o N v I— Uj LL, Q to C14 w 0 K)f m a Q w I W ~ z 0 cep °Z a N r�S Z N5f M It le) Z Q pdp d f N �� J m U�7 2co Z 00 (7) Q) 00 CDP rW N I z N f+] d In w J J J J J MF a z ztCV N Z+ U U U O Q a zz � m �c O od ao � 2 C + n M or � � 3 z N rn �I CD z co to r a � w z ui20 m CSC �' [n "��0 � LO � LU � n 1 L N 20 °z _ _ - 0 -' AL'SZ£L 3a95.fi£.00N 6L'960 L 30£.6£.00N ui z tu uj F � U avow lv3 MOO 19 3: co � Page 93 EXHIBIT B Item#8. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW E IDIAN�' AND DECISION&ORDER q, In the Matter of the Request for Modification to the Existing Development Agreement(Inst. #110115738)to Replace it with a New Agreement for the Proposed Development; Rezone of 7.06- Acres from the C-C to the H-E Zoning District; 17.38-Acres from the C-C &H-E Zoning Districts to the M-E Zoning District; and 40.33-acres from the R-40,C-C and M-E Zoning Districts to the R- 15 Zoning District; and 1.10-Acres from the H-E to the C-C Zoning District; Preliminary Plat Consisting of Eight(8)Building Lots& Six(6)Common Lots on 115.26-Acres of Land in the R-15, C-C,H-E and M-E Zoning Districts for Vanguard Village Subdivision; and,Conditional Use Permit for a Multi-Family Development Consisting of 552 Dwelling Units on 40.33-Acres of Land in the R-15 Zoning District for Vanguard Crossing,by Insight Investment Partners. Case No(s). H-2021-0081 For the City Council Hearing Date of: April 19,2022 (Findings on May 3, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 19,2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 19,2022,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of April 19,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 19,2022,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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE—MDA,RZ,PP,CUP H-2021-0081 - I - Page 94 Item#8. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 19,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the existing Development Agreement,Rezone, Preliminary Plat and Conditional Use Permit is hereby approved per the provisions in the Staff Report for the hearing date of April 19,2022,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 11- 613-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE—MDA,RZ,PP,CUP H-2021-0081 -2- Page 95 Item#8. Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two(2)year period. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement.Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-652 1(1)(a),an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted,including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code.This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-652 1(1)(d)and 67-8003,an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of April 19, 2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE—MDA,RZ,PP,CUP H-2021-0081 -3- Page 96 Item#8. By action of the City Council at its regular meeting held on the 3rd day of May , 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL VICE PRESIDENT JOE BORTON VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER TREG BERNT VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Si iso 5-3-2022 Attest: 3r. C Q (:iPol E IDIAN¢ Chris Johnso 5-3-2 City Clerk Copy served upon Applicant,Community Development Department,Public Works Department and City Attorney. By: -w Dated: 5-3-2022 City Clerk's Office rh FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR VANGUARD VILLAGE—MDA,RZ,PP,CUP H-2021-0081 -4- Page 97 Item#8. STAFF REPORTC�(fE IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT ®A H O HEARING April 19, 2022 Legend DATE: f �ie'a'�Luca fiar TO: Mayor&City Council FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: H-2021-0081 Vanguard Village—MDA, RZ, PP, _ CUP LOCATION: Generally located 1/4 mile south of W. - }� Yt. Franklin Rd. and S.Ten Mile Rd., in the middle of Section 15, T.3N. R.1 W. r i a 1. PROJECT DESCRIPTION The Applicant has submitted an application for the following: • Modification to the existing Development Agreement(Inst. #110115738) to replace it with a new agreement for the proposed development; • Rezone of 7.06-acres from the C-C to the H-E zoning district; 17.38-acres from the C-C &H- E zoning districts to the WE zoning district; and 40.33-acres from the R-40, C-C and WE zoning districts to the R-15 zoning district; and 1.10-acres from the H-E to the C-C zoning district; • Preliminary Plat consisting of 8 building lots& 6 common lots on 115.26-acres of land in the R-15, C-C, H-E and WE zoning districts for Vanguard Village subdivision; and, • Conditional Use Permit for a multi-family development consisting of 552 dwelling units on 40.33-acres of land in the R-15 zoning district for Vanguard Crossing. 11. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 115.21 acres overall Existing/Proposed Zoning R-40,M-E,C-C and H-E(existing)/H-E,M-E,C-C and R- 15(proposed) Future Land Use Designation Mixed Use—Commercial(MU-COM);Medium High- Density Residential(MHDR); Mixed Employment(ME); High Density Employment(HDE) Page 1 Page 98 Item#8. Description Details Page Existing Land Use(s) Vacant/agricultural land Proposed Land Use(s) Multi-family residential,vertically integrated residential, light industrial,commercial/retail,research and development and other uses. Lots(#and type;bldg./common) 8 buildable lots/6 common lots Phasing Plan(#of phases) 4 5 phases(plat);2 phases(multi-family development) Number of Residential Units(type 552 multi-family apartment units f of units) Physical Features(waterways, The Williams gas pipeline bisects this site hazards, flood plain,hillside) Neighborhood meeting date;#of 8/17/21 attendees: History(previous approvals) AZ-09-008 Meridian Crossing(Ord.#10-1467;DA Inst. #110115738);ROS#7623(Inst.#106170019 2006) B. Community Metrics Description Details Pg Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action A Traffic Impact Study(TIS)was submitted. (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Traffic Level of Service Stub Street/Interconnectivity/Cros s Access Existing Road Network Existing Arterial Sidewalks/ Buffers Proposed Road Improvements Fire Service • Distance to Fire 2 miles Station • Fire Response Time Falls within 5:00 minute response time area-nearest station is Fire Station#2—can meet response time goals 6. Resource Reliability 85%-does meet the target goal of 80%or greater • Risk Identification 4—current resources would not be adequate to supply service (risk factors include fire-fighting in multi-story buildings&a large gathering of people in a single location) * Accessibility Project meets all required access,road widths and turnaround. • Special/resource Project will require an aerial device; can meet this need in the needs required timeframe if a truck company is required. • Water Supply Varies as there are multiple size buildings in which some will require fire sprinkler systems. Page 2 Page 99 Item#8. Description Details P • Other Resources West Ada School District • Capacity of Schools Approved prelim Approved MF Projected plat parcels per units per Students from Enrollment Ca acit attendance area attendance area A REgyed Dev. • #of Students Enrolled Chaparral Elementary 552 700 730 1549 209 Meridian Middle School 1070 12SO 800 1798 136 Meridian High School 1759 207S 3343 2300 S27 School of Choice Options Chief Joseph Elementary-Arts 498 700 N/A N/A Barbara Morgan STEM Academy 414 Soo N/A N/A • Predicted#of students 83 generated from proposed development Wastewater • Distance to Sewer Services • Sewer Shed • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan • Impacts/concerns • Flow is committed • See Public Works Site Specific Conditions in Section VII.B Water • Distance to Water Directly adjacent Services • Pressure Zone 2 • Estimated Project See application Water ERU's • Water Quality None Concerns • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Complete plans for water must be reviewed by Engineering before final plat approval of any phase,the plans provided are not adequate for a full review. • See Public Works Site Specific Conditions in Section VII.B Page 3 Page 100 Item#8. C. Project Area Maps Future Land Use Map Aerial Map Legend h 00 Legend Pr?rect Locaior; - ns i ` F,c:e-- Loc€ Sor r �.......�...... M1 R side 1 fie! Ity_Resldenl - MU-Res T-- rty - tom. Medium ensity M Re�sidenti61 11 Zoning Map Planned Development Map R-8 LegendRulLegond r�Prcipect Luca k-filo r -y Plct Luca c ftm,� L C7 R, � C-N CriyLn9tER-15 RCS- r — F:anne j F ors e.s • +AAI Ml � R=1 5 C-C y R-4D RUT f/ `• -- RRi' f A. Applicant: Airalea Newman,Insight Investment Partners—3005 W. Horizon Ridge Parkway, Ste. 141, Henderson,NV 89052 B. Owners: James Zeiter, Meridian 118,LLC—3005 W. Horizon Ridge Parkway, Ste. 141, Henderson,NV 89052 Page 4 Page 101 Item#8. C. Representative: JoAnn Butler, Butler Spink, LLP—967 E. Parkcenter Blvd., Ste. 313, Boise, ID 83706 III. NOTICING Planning& Zoning City Council Posting Date Posting Date Notification published in 2/1/2022 4/3/2022 newspaper Notification mailed to property owners within 300 feet 2/1/2022 4/4/2022 Applicant posted public hearing 2/5/2022 4/6/2022 notice on site Nextdoor posting 1/31/2022 4/5/2022 IV. COMPREHENSIVE PLAN ANALYSIS (Comprehensive Plan and Ten Mile Interchange Specific Area Plan) Land Use: The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates the northern 28.5+/-acres of this site as Medium-High Density Residential(MHDR); the northeast 21+/- acres as Mixed Use—Commercial(MU-COM); the southwest 20.5+/-acres as Mixed Employment (ME); and the southeast 45.5+/-acres as High-Density Employment(HDE). There is also a school site designated on the FLUM in this general area. This site is within the area governed by the Ten Mile Interchange Specific Area Plan TM( ISAP)• A school site is not included in the proposed development plan.The school district states they don't currently own a site in this area and don't have any prospects of land to purchase in this area at this time; if a developer desires to donate a site in this area,the school district would consider it. MHDR: MHDR designated areas should include a mix of relatively dense multi-family housing types such as row houses,townhouses,condominiums and apartment buildings and complexes with a density ranging from 8-15 units per acre with a target density of 12 units per acre. These areas should be located around or near more intensively developed areas such as Mixed Use—Commercial or Employment areas in order to provide convenient access to these activity and employment centers to the greatest number of residents. A mix of multi-family residential housing types consisting of townhomes, flats and garden style apartments is proposed to develop on the northern 40 acres of the development area which is designated as MHDR,ME,HDE and MU-COM on the FLUM. A gross density of 13.63 units/acre is proposed,which falls within the desired density range in the MHDR designated area.Because the existing ME, HDR and MU-COM designations abutting the MHDR designation on this site consist of less than 50%of the site,the Applicant proposes the MHDR designation apply to the entire 40-acre portion of the site as allowed in the Comprehensive Plan(see pg. 3-9). The proposed R-15 zoning encompasses approximately 12 more acres than is currently designated MHDR on the FLUM and 23+/-acres more than currently zoned R-40. See Pg. 3-6 in the TMISAP for more information on the MHDR designation. The proposed multi-family development is located in close proximity(directly to the north and west) to MU-COM, ME and HDE designated land which is proposed to and anticipated to develop with higher intensity commercial and employment uses. The proposed residential uses will provide housing options in close proximity to these uses with convenient pedestrian access between them, Page 5 Page 102 Item#8. which should reduce traffic in the area. This development will provide a transition between the higher intensity uses and existing single-family homes to the north in Baraya Subdivision. ME: The purpose of ME designated areas is to encourage a diversity of compatible land uses that may include a mixture of office, research and specialized employment areas, light industrial including manufacturing and assembly, and other miscellaneous uses. These areas generally do not include retail and consumer service uses serving the wider community. However, a small amount of retail and service establishments,primarily serving employees and users of the ME areas or nearby industrial areas, are allowed.ME areas should provide a variety of flexible sites for small,local or start-up businesses,as well as sites for large national or regional enterprises. ME areas should be designed to encourage multimodal travel and convenient circulation to supporting uses located within the area. It's anticipated that buildings will range in height from 1-4 stories,have total floor areas of 10,000- 1,000,000 square feet,and that FAR will exceed .75. The ME designated area is intended to develop with a mix of flex uses of approximately 410,000 s.£, which may include office, light industrial and other uses7*1entvA4+--&410,000 s rFeseaFeh and deele� �eenent such as distribution and light manufacturing. Building heights will range from 2 1 to 4 stories. This area is located at the southwest corner of the development and abuts Mixed Employment designated land to the west and I-84 to the south and will have access to a collector street as desired. Medium-high density residential uses are proposed to the north and high-density employment and commercial uses are proposed to the east with this application. The proposed M-E zoning encompasses approximately 8 more acres than is currently designated ME on the FLUM and 4 acres more than currently zoned M-E. See Pg. 3-11 in the TMISAP for more information on the ME designation. MU-COM: The purpose of MU-COM designated areas is to encourage the development of a mixture of office,retail,recreational, employment and other miscellaneous uses,with supporting multi-family or single-family attached residential uses. This designation requires developments to integrate the three major use categories—residential, commercial and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development within these areas exhibit quality building and site design and an attractive pedestrian environment with a strong street character. The MU-COM designated area is proposed to develop with a mix of uses including a vertically integrated residential project and commercial/retail uses. The proposed C-C zoning is located along the northern portion of the east parcel abutting the Mixed Use—Commercial designated property to the north at the entry to the development with access to a non-residential collector street as desired. High-density employment uses are proposed to the south and mixed employment uses are proposed to the west with this application. The proposed C-C zoning is approximately 3 acres fewer than is currently designated MU-COM on the FLUM and is 30+/- acres less than currently zoned C-C. See Pg. 3-9 in the TMISAP for more information on the MU-COM designation. HDE: HDE designated areas are recommended as predominantly office, research and specialized employment areas and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE areas are encouraged. HDE areas should provide a variety of flexible sites for small, local or startup businesses,as well as sites for large national or regional enterprises. They should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible, HDE areas should provide restaurants, lodging and other services in support of the employment uses. High Density Employment areas should be designed as compact urban centers rather than lower density suburban-style development. Buildings are anticipated to range in height from 1-6 stories,have total floor areas of 10,000-1,000,000 square feet with a FAR exceeding Page 6 Page 103 Item#8. 1.0. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. This area is intended to develop with non-residential uses such as a corporate campus,business and professional office space,research and development,and limited retail and service uses (approximately 380,000 square feet). The proposed H-E zoning is approximately 20+/-acres fewer than is currently designated HE on the FLUM but is only 1.6+/-acres more than currently zoned H-E. See Pg. 3-11 in the TMISAP for more information on the HDE designation. Overall,the development area associated with the MHDR designation has increased 23+/-acres with R-15 zoning, the ME designated area has increased 4+/-acres with M-E zoning, the MU-C area is 3+/-acres less with C-C zoning, and the HDE area is 20+/- acres less with H-E zoning. Because the FLUM is a guide and not parcel-specific,adjacent abutting designations, when appropriate and approved as part of a public hearing with a land development application,may be used with some exceptions(see pg. 3-9 Comprehensive Plan for more information).All of the changes fall within the guidance provided; therefore, Staff is in general support of the proposed development and zoning. Transportation: The Transportation System Map in the TMISAP depicts collector streets through this site that connect to S. Black Cat Rd.,W. Franklin Rd. and S. Ten Mile Rd., adjacent arterial streets. The collector street network depicted on the proposed development plan is generally consistent with the Transportation System Map (see pg. 3-18 in the TMISAP). The Street Section Map depicts Street Section D (residential collector) as being appropriate to serve the local access needs of residential, live/work, and commercial activities within a residential neighborhood or mixed-use residential area. 4 A f ,r t; ra ne rave nc a Parking Lane �, lane Pukltg S t r e e t S e c t I o n D rur44a-drb Mtaeae The collector streets (i.e. Coral Reef Way& Sunset Point Way) in the multi-family portion of the development in the northern 40 acres of the development should be constructed in accord with this street section. Streetlights should be placed in the dry utilities corridor on either side of the street. The Street Section Map depicts Street Section C(major collector) as being appropriate to provide access from adjacent arterial streets(i.e. Black Cat, Franklin& Ten Mile Roads) into the employment area. Streetlights should be located in the tree lawn area and should be of a pedestrian scale. #A e ave ne e e I Uwe Lana [,I w 5lreet Section C 34 CurGro•cu6dlStance Page 7 Page 104 Item#8. The collector streets (i.e. Vanguard Way&Umbria Hills) in the commercial mixed-use area in the southern portion of the development should be constructed in accord with this street section with the following exceptions as required by ACHD: (3)travel lanes instead of(2); and 10-foot wide detached sidewalks/pathways instead of 6-foot wide detached sidewalks in lieu of on-street bike lanes. On- street parking is allowed aloniz Vanguard Way between the Williams viveline easement and the eastern boundary of the site as proposed. Design: The TMISAP emphasizes the quality of the built environment and includes recommendations on the location,scale, form,height and design quality of public and private buildings in the form of building placement,orientation,and massing; types and design treatments for building frontages; as well as recommendations for the incorporation of art in public and private projects. The design elements in the Plan are intended to serve as the basic framework on any given project within the Ten Mile Area. The primary components that the design elements address include: architecture and cultural heritage;building placement whereby build-to lines are identified; heights and step backs; the definition of a base, body and top; and frontage types. The proposed development should be designed in the accord with the TMISAP (see pgs. 3-31 thru 3-51).See the Application of the Design Elements table on pg. 3-49 to determine specific design element requirements according to the associated FLUM designation.Future development applications should include the applicable design elements. Comprehensive Plan Policies: The following Comprehensive Plan Policies are applicable to this development: • "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) City water and sewer service is available and can be extended by the developer with development in accord with UDC 11-3A-21. • "Encourage diverse housing options suitable for various income levels, household sizes, and lifestyle preferences."(2.01.01) The proposed multi family development will include a mix of apartments,flats and townhome-style units with choices between 1-, 2-and 3-bedroom units.A variety of amenities are proposed for different preferences. • "With new subdivision plats,require the design and construction of pathways connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities." (2.02.01A) Several multi-use pathway segments are proposed within this development for interconnectivity between the residential and commercial and employment portions of the development and open space and site amenity areas. • "Encourage the development of high quality,dense residential and mixed use areas near in and around Downtown,near employment,large shopping centers,public open spaces and parks,and along major transportation corridors,as shown on the Future Land Use Map." (2.02.01 E) The proposed project provides high quality, dense residential units that complement and provide a transition between the commercial and employment areas to the south and the Page 8 Page 105 Item#8. single-family residential to the north and is located along I-84, a major transportation corridor. • "Encourage and support mixed-use areas that provide the benefits of being able to live, shop, dine,play,and work in close proximity, thereby reducing vehicle trips, and enhancing overall livability and sustainability."(3.06.02B) The proposed residential uses will provide housing options in close proximity to employment, shopping, dining and other commercial uses which should reduce vehicle trips and enhance livability and sustainability of the area. • "Encourage the development of supportive commercial near employment areas."(3.06.02C) The proposed commercial and retail uses should provide supportive uses for the proposed employment area. • "Require pedestrian circulation plans to ensure safety and convenient access across large commercial and mixed-use developments."(3.07.02A) A pedestrian circulation plan is included in Section VII.C.3 for the southern portion of the development and in Section VIII.Dfor the northern portion of the development which provides safe pedestrian connectivity throughout the development. • "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. • "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 services are available to this site and can be extended by the developer with development in accord with UDC 11-3A-21. The emergency response times for Police Dept. and Fire Dept. meets the established goals. • "Where feasible, encourage large transmission and pipeline utility corridors to function as transitional buffers,parkland,pathways,and gathering places within and adjacent to their right-of-way."(3.07.01 E) The Williams pipeline crosses this site; within the easement, a landscaped common area with a meandering multi-use pathway and seating areas are proposed. • "Require appropriate landscaping,buffers,and noise mitigation with new development along transportation corridors(setback, vegetation, low walls,berms, etc.)."(3.07.01 C) A 50-foot wide landscaped street buffer is required to be provided along the southern boundwy of the site adjacent to I-84;Staff recommends a berm is included in the buffer. • "Encourage the integration of public art as an integrated component with new development." (5.03.01 B) Public art is proposed along the multi-use pathway in the center of the project, which will take the form of sculptures that create points of interest along the pathways and speak to the nexus of the region's heritage and its future. Page 9 Page 106 Item#8. • "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 rewired with this development. In summary, Staff believes the proposed development plan is generally consistent with the vision of the Comprehensive Plan for this area per the analysis above. V. UNIFIED DEVELOPMENT CODE ANALYSIS(UDC) A. Development Agreement Modification (MDA): The existing Development Agreement(DA)was approved with the annexation of the property in 2009(Meridian Crossing AZ-09-008; Inst. #110115738). the provisions of such and the approved conceptual development plan and sample building elevations are included below in Section VII.A. The Applicant proposes a modification to the DA to amend and restate the DA with a termination of the existing DA. All property governed by the original DA will be governed by the amended and restated DA. A new conceptual development plan is included in Section VII.A.3 for the proposed development and new recommended provisions for the agreement are included in Section VIII.A.I based on the analysis of the project below and applicable UDC and TMISAP provisions. Some of the existing DA provisions that are still applicable are also recommended to be included in the amended and restated DA. B. Rezone(RZ): A rezone is requested of 7.06-acres from the C-C to the H-E zoning district; 17.38-acres from the C-C&H-E zoning districts to the M-E zoning district;and 40.33-acres from the R-40, C-C and M-E zoning districts to the R-15 zoning district;and 1.10-acres from the H-E to the C-C zoning district as shown on the zoning map exhibit in Section VII.B. A conceptual development plan and elevations are included in Section VII.A.3 and A.4 that shows how the site is anticipated to develop. All of these zoning districts currently exist on the site except for the R-15 district which is proposed to replace the R-40 district. The rezone proposes to reconfigure the boundaries of these zoning districts into more developable areas consistent with the proposed road layout and concept plan. The existing zoning consists of 27 acres of H-E, 25 acres of M-E, 16.83 acres of R40 and 48 acres of C-C zoning. The rezone will result in 28.6 acres of H-E (an increase of 1.6 acres), 29.07 acres of M-E(an increase of 4.07 acres),40.33 acres of R-15 (an increase of 23.5 acres of residential)and 17.27 acres of C-C(a decrease of 30.73 acres)zoning overall. The proposed R-15 zoning is located on the northern 40 acres of the site,which abuts Baraya Subdivision and R-15 zoned single-family residential properties. Medium-high density residential uses are planned to the west and the property to the east is designated Mixed Use—Commercial. Mixed employment and commercial uses are proposed to the south with this application. A multi- family development containing 552 dwelling units at a gross density of 13.63 units/acre is proposed to develop in the R-15 zone. This development will provide a transition between mixed employment uses to the south and lower density single-family homes to the north. The residences proposed for this site will allow people to live and work in the nearby existing and planned commercial and employment areas in the vicinity, thus reducing traffic on area roads by allowing employees to walk or bike to work, shopping and services.Note: The existing R-40 and C-C Page 10 Page 107 Item#8. zoning districts allow a multi family development with a conditional use permit; however, Staff requested the Applicant rezone the overall area to a zone(i.e. R-15) that better represents the land use. The proposed C-C zoning is located along the northern portion of the east parcel abutting the Mixed Use—Commercial designated property to the north at the entry to the development with access to a non-residential collector street as desired. High-density employment uses are proposed to the south and mixed employment uses are proposed to the west with this application.Allowed uses in the C-C district should be larger scale and broader mix of retail, office, and service uses. This area is proposed to develop with a mix of uses including a vertically integrated residential project and commercial/retail uses. The proposed M-E zoning is located at the southwest corner of the development and abuts Mixed Employment designated land to the west and I-84 to the south and will have access to a collector street as desired. Medium-high density residential uses are proposed to the north and high-density employment and commercial uses are proposed to the east with this application. Allowed uses in the M-E district consist of offices, medical centers,research and development facilities, and light industrial uses with ancillary support services. This area is intended to develop with flex uses of approximately 410,000 s.£,which may include office, light industrial and other uses, long i k a 4W,9Wa€•reseal}-adevelepm fA-eempenent such as distribution and light manufacturing. The proposed H-E zoning is located along the southeast portion of the site adjacent to I-84, in close proximity to Ten Mile interchange, as desired. Mixed employment uses are proposed to the west and commercial uses to the north with this application; I-84 borders the site on the south. Allowed uses in the H-E district consist of corporate headquarters, office complexes,research and development facilities and complementary services such as conference centers and hospitality uses with limited retail. This area is intended for non-residential uses such as a corporate campus, business and professional office space,research and development,and limited retail and service uses(approximately 380,000 square feet). Proposed Use Analysis: A variety of uses are proposed including a multi-family development,a vertically integrated residential project,retail,office, flex space, light industrial,research and development, and other uses; see UDC Tables 11-2A-2 and 11-2B-2 for allowed uses in the applicable zoning districts. Compliance with the dimensional standards listed in UDC Table 11-2A-7 and 11-2B-3 is required,as applicable. The proposed zoning and uses are generally consistent with the associated FLUM designations as discussed above in Section IV. C. Preliminary Plat(PP): The proposed preliminary plat consists of 8 building lots &6 common lots on I I5.26-acres of land in the R-15, C-C, H-E and M-E zoning districts for Vanguard Village subdivision. The subdivision is proposed to develop in four(4 5) final plat phases as shown on the revised phasing plan in Section VI.0 1. The first phase of the multi-family development on the north end of the site zoned R-15 is proposed to develop first with the M-E second,the second phase of the multi-. family development third, the H-E thiM fourth and the C-C zoned area last. The Applicant requests they are allowed to apply for building permits in the multi-family portion of the development prior to recordation of the final plat. The following condition is proposed, "Prior to applying for building permits, the following minimum items shall be completed: street signs are to be in place,the installation of sanitary sewer and water systems(with the water system being fully activated), a compacted road base capable of Page 11 Page 108 Item#8. supporting an 80,000 lb.fire truck shall be approved by design engineer,with written confirmation of such approval submitted to the Meridian Building Department." Staff is not in favor of allowing a Certificate of Zoning Compliance&Design-Review applications to be submitted and building permits issued prior to recordation of the final plat as the necessary infrastructure for development, including roads,should be in place first and lots established for development. Therefore, Staff is not supportive of the request. The Applicant may submit a design review application(s)to finalize building design prior to recordation of the final plat. Existing Structures/Site Improvements: There are no existing structures remaining on this site. Dimensional Standards: Development of the proposed lots is required to comply with the dimensional standards of the R- 15 zoning district in UDC Table 11-2A-7 and the C-C,M-E and H-E zoning districts in UDC Table 11-2B-3, as applicable. A minimum building setback of 10-feet is required in the multi- family portion of the development unless a greater setback is otherwise required,per UDC 1 1-4- 3-27B.1. Separation between buildings should comply with Building code. A reduced building setback from 20-to 14-feet is requested for the multi-family structures proposed along Sunset Point Way and Coral Reef. However, a recent code amendment(ZOA- 2021-0003)allows a reduction of the collector street setback to be granted for homes that front on a collector street when on-street and required off-street parking is provided(UDC Table 11-2A- 7); the required 20-foot landscape buffer easement is measured from back of curb and the dwelling setback shall not be less than 10-feet from the back of sidewalk along the collector street. Staff recommends the street sections for Sunset Point Way and Coral Reef are constructed consistent with Street Section D in the TMISAP(see pg.3-21),which requires 11-foot travel lanes, 6-foot bike lanes,8-foot parallel parking,8-foot parkways and 6-foot wide detached sidewalks.The 20-foot wide street buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a. The building setback must be at least 10-feet from the back of sidewalk,which achieves the ultimate setback desired. This accomplishes the street-oriented design desired in urban environments for a more walkable neighborhood and creates a more consistent edge to the public space in accord with the TMISAP. 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. The proposed subdivision appears to comply with these standards. Access(UDC 11-3A-31 Access is proposed to be provided from the northern boundary of the site from W. Franklin Rd. via S. Sunset Point Way and S. Baraya Way and from the east from S. Ten Mile Rd. via the extension of Vanguard Way. Coral Reef Way, Sunset Point Way,Umbria Hills and Vanguard Way are all designed as collector streets in accord with the Master Street Map and the Transportation System Map in the TMISAP. Stub streets are proposed to adjacent properties for future extension. Streets: Sunset Point Way and Coral Reef Way should be constructed in accord with Street Section D (residential collector street) in the TMISAP,which requires (2) 11-foot travel lanes, 6- foot bike lanes, 8-foot parallel parking, 8-foot parkways and minimum 6-foot wide detached Page 12 Page 109 Item#8. sidewalks(see pg. 3-21 and 3-23). Streetlights should be placed in the dry utilities' corridor on either side of the street. The plat should be revised consistent with Street Section D. Vanguard Way and Umbria Hills should be constructed in accord with Street Section C(major collector street) in the TMISAP,which requires(2) 11-foot travel lanes, 6-foot bike lanes, 8-foot parkways with streetlights at a pedestrian scale and minimum 6-foot wide detached sidewalks (see pg. 3-20, 3-22, 3-23). The Applicant proposes a modification of the street section with(3) 11-foot travel lanes,on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot wide parkways and 10-foot wide detached sidewalks/pathways in lieu of bike lanes,which is required by ACHD. Staff is supportive of this change. All streets should be constructed as complete streets as defined in the TMISAP (see pg. 3-19 & 3- 20). Pathways(UDC 11-3A-8): Ten(10) foot wide multi-use pathways are proposed on the site in accord with the Pathways Master Plan. One segment follows the Williams pipeline easement diagonally across this site; another segment runs along the southern boundary within the street buffer along 1-84. The Park's Dept. has requested a pathway connection be provided between the Purdam Drain pathway and the pathway within the pipeline easement(see Section VIII.G). A 14-foot wide public use easement for all multi-use pathways shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s).If the pathway will be located entirely within the right-of-way, a public pedestrian easement is not needed. Sidewalks(UDC 11-3. A-1 7: The UDC requires minimum 5-foot wide sidewalks to be provided adjacent to all streets with detached sidewalks along collector streets and attached or detached sidewalks along local streets. However, the guidelines in the TMISAP for the collector street sections(i.e. C and D)depict 6-foot wide sidewalks,which should be provided within the development at a minimum. Sidewalks,walkways and pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color, markings, materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP(see pg.3-28, Crosswalks). Pedestrian Circulation: A pedestrian circulation plan is included in Section VII.C.3 that depicts all sidewalks and pedestrian pathways planned throughout the site in accord with the TMISAP for mixed use areas. Parkways(UDC 11-3A-1 7: Parkways are recommended along all streets within the development in accord with the TMISAP, planted with street trees and landscaping per the standards in UDC 11-3B-7C. Landscaping(UDC 11-3B): Street buffers are required to be provided as set forth in UDC Table 11-2A-7. A minimum 10-foot wide street buffer is required along all local streets (i.e. Vantage Point Way, Vanguard Trail) in commercial districts. A 20-foot wide street buffer is required along all collector streets (i.e. Vanguard Way,Umbria Hills, Coral Reef Way and Sunset Point Way)—the buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B-7C.2a; the building setback must be at least 10-feet from the back of sidewalk in the R-15 district as set forth in UDC Table 11-2A-7. A minimum 50-foot wide street buffer is required along I-84, landscaped per the standards listed in UDC 11-3B-7C.3,which requires a variety of trees,shrubs,lawn or other vegetative groundcover(see updated code for specifics). A 20-foot wide street buffer, instead of a 10-foot wide buffer,is required along Umbria Hills, a collector street. One (1) Page 13 Page 110 Item#8. additional tree should be added within the street buffer along Umbria Hills (east) per the minimum standard. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B- 7C. Class II trees shall be provided in parkways in accord with UDC 11-3A-17E; Class III trees may be considered if the parkways are widened to 10 feet—revise the landscape plan accordingly. Landscaping is required along all pathways per the standards in UDC.II-3B-12C. A 5' wide landscape strip is required on both sides of the pathway planted with a mix of trees, shrubs, lawn and/or other vegetative ground cover. If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement. Mitigation is required for all existing trees 4"caliper or greater that are removed from the site in accord with the standards in UDC 11-3B-1OC.5. Mitigation calculations are depicted on the landscape plan in accord with UDC standards(i.e. 185 trees at 2.5 caliper inches each for a total of 462.5 caliper inches). The location of mitigation trees shall be depicted on a revised landscape plan submitted with the final plat application. 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 Geotechnical Evaluation for the subdivision. 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 I1-3A-m- The Marvin Lateral runs along the west boundary of the site and the Purdam Drain crosses near the northeast corner of the site. If an easement for either of these waterways lies on this site, the easement(s)shall be clearly depicted on the plat.All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. Williams Pipeline: The Williams pipeline crosses this site diagonally within a 75-foot wide easement(Inst.#390283,#8018289,#8103052,and#8048122). Development within the easement should comply with the Williams Developers' Handbook. Fencing(UDC I1-3A-6 and ll. 3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. No fencing is proposed on the landscape plan. D. Conditional Use Permit(CUP): A Conditional Use Permit is proposed for a multi-family development(i.e. Vanguard Crossing) consisting of 552 dwelling units with a mix of 3-story apartments and 2-story flats and townhome-style buildings ranging from 758 to 1,693 square feet(s.f.) on 40.33-acres of land in the R-15 zoning district. A 9,368 square foot single-story clubhouse is proposed with amenities along with two(2)other amenity buildings. Page 14 Page 111 Item#8. Nine(9) garden-style apartment buildings containing a total of 216 units and 51 flats and townhome-style buildings are proposed containing a total of 336 units with a mix of 1-, 2-and 3- bedroom units. See site plan and associated exhibits in Section VILD. Specific Use Standards (UDC 11-4-3): The proposed use is subject to the following standards: (Staffs analysis/c:omments in italic text) 11-4-3-27: MULTI-FAMILY DEVELOPMENT: Site Design: 1. Buildings shall provide a minimum setback of ten feet(10')unless a greater setback is otherwise required by this title and/or title 10 of this Code.Building setbacks shall take into account windows,entrances,porches and patios,and how they impact adjacent properties.As noted above in Section V..C, if the required street buffers along the collector streets are placed in easements rather than common lots, setbacks can be reduced to 10-feet measured from back of sidewalk with streets constructed per Street Section D in the TMISAP. 2. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in an area not visible from a public street, or shall be fully screened from view from a public street. The plans submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this standard. 3. A minimum of eighty(80)square feet of private,usable open space shall be provided for each unit.This requirement can be satisfied through porches,patios,decks,and/or enclosed yards. Landscaping,entryway and other access ways shall not count toward this requirement. In circumstances where strict adherence to such standard would create inconsistency with the purpose statements of this section, the Director may consider an alternative design proposal through the alternative compliance provisions as set forth in section 11-5B-5 of this title. The floor plans all depict at least 80 sf of private usable open space (i.e.patios or balconies)for each unit except for Buildings 3, 5 and 6— Unit C's—the Applicant states these units will all have 84 sf.patios on-grade. Floor plans for each unit should be submitted with the Certificate of Zoning Compliance application that demonstrate compliance with this standard. 4. For the purposes of this section,vehicular circulation areas,parking areas,and private usable open space shall not be considered common open space. These areas were not included in the common open space calculations for the site (see common open space exhibit in Section VII.D.S). 5. No recreational vehicles,snowmobiles,boats or other personal recreation vehicles shall be stored on the site unless provided for in a separate, designated and screened area. The Applicant should comply with this requirement. 6. The parking shall meet the requirements set forth in chapter 3, "Regulations Applying to All Districts", of this title. The proposed parking meets and exceeds UDC standards (see parking analysis below). 7. Developments with twenty(20)units or more shall provide the following: a. A property management office. b. A maintenance storage area. Page 15 Page 112 Item#8. c. A central mailbox location, including provisions for parcel mail, that provide safe pedestrian and/or vehicular access. d. A directory and map of the development at an entrance or convenient location for those entering the development. (Ord. 18-1773,4-24-2018) A leasing office, storage area, and a mail&parcel center are depicted on the clubhouse floor plan. The location of the directory and map of the development shall be noted on the site plan submitted with the Certificate of Zoning Compliance application. C. Common Open Space Design Requirements: 1. The total baseline land area of all qualified common open space shall equal or exceed ten (10)percent of the gross land area for multi-family developments of five (5) acres or more.Based 40.33 acres of land, a minimum of 4.03 acres of common open space should be provided. A total of 8.99 acres is proposed in accord with this standard. 2. All common open space shall meet the following standards: a. The development plan shall demonstrate that the open space has been integrated into the development as a priority and not for the use of land after all other elements of the development have been designed. Open space areas that has been given priority in the development design have: (1) Direct pedestrian access; (2) High visibility; (3) Comply with Crime Prevention through Environmental Design(CTED) standards; and (4) Support a range of leisure and play activities and uses. Irregular shaped, disconnected or isolated open spaces shall not meet this standard. Although there are some irregular shaped areas, they are all directly accessible by pedestrians with high visibility; the majority of the areas are in compliance with these standards and the overall common open space is twice that required. b. Open space shall be accessible and well connected throughout the development. This quality can be shown with open spaces that are centrally located within the development,accessible by pathway and visually accessible along collector streets or as a terminal view from a street.Proposed open space meets this standard. c. The open space promotes the health and well-being of its residents. Open space shall support active and passive uses for recreation,social gathering and relaxation to serve the development.Proposed open space meets this standard. 3. All multi-family projects over twenty(20)units shall provide at least one (1) common grassy area integrated into the site design allowing for general activities by all ages. This area may be included in the minimum required open space total. Projects that provide safe access to adjacent public parks or parks under a common HOA,without crossing an arterial roadway,are exempt from this standard. a. Minimum size of common grassy area shall be at least five thousand(5,000)square feet in area.This area shall increase proportionately as the number of units increase and shall be commensurate to the size of the multi-family development as determined by the decision-making body. Where this area cannot be increased due to site constraints, it may be included elsewhere in the development. Several common Page 16 Page 113 Item#8. grassy areas are proposed in accord with this standard, which Staff believes is proportionate for the proposed development. b. Alternative compliance is available for these standards, if a project has a unique targeted demographic; utilizes other place-making design elements in Old-Town or mixed-use future land use designations with collectively integrated and shared open space areas.Alternative compliance is not needed; the project meets the required standards. 4. In addition to the baseline open space requirement, a minimum area of outdoor common open space shall be provided as follows: a. One hundred fifty(150)square feet for each unit containing five hundred(500)or less square feet of living area.All units contain more than 500 square feet of living area. b. Two hundred fifty (250) square feet for each unit containing more than five hundred (500)square feet and up to one thousand two hundred(1,200) square feet of living area. 352 units contain between 500 and 1,200 square feet of living area. c. Three hundred fifty(350) square feet for each unit containing more than one thousand two hundred(1,200) square feet of living area. 104 units exceed 1,200 square feet of living area. A total of 151,000 sf. (or 3.47 acres) of outdoor common open space is required to be provided per this standard and a minimum of 4.03 acres is required to be provided per the standard listed above in 11-4-3-27C.]for a total of 7.5 acres overall. A total of 391,590 sf. (or 8.99 acres) is proposed in excess of the minimum requirement as shown on the exhibit in Section VII.D.5. 5. Common open space shall be not less than four hundred(400)square feet in area,and shall have a minimum length and width dimension of twenty(20)feet.All of the common open space areas depicted on the open space exhibit in Section VII.F meet this requirement. 6. In phased developments,common open space shall be provided in each phase of the development consistent with the requirements for the size and number of dwelling units. This project is proposed to develop in two phases; common open space is proposed in each phase in accord with UDC standards for the size and number of dwelling units. 7. Unless otherwise approved through the conditional use process,common open space areas shall not be adjacent to collector or arterial streets unless separated from the street by a berm or constructed barrier at least four(4) feet in height, with breaks in the berm or barrier to allow for pedestrian access. The common open space exhibit in Section VII.F includes common open space along collector streets; however, the minimum standards for open space are met internal to the development. A berm or a constructed barrier at least 4 feet in height with breaks in the berm:or barrier to allow for pedestrian access should be provided within the collector street buffer along Vanguard Way. D. Site Development Amenities: 1. All multi-family developments shall provide for quality of life,open space and recreation amenities to meet the particular needs of the residents as follows: a. Quality of life: (1) Clubhouse. Page 17 Page 114 Item#8. (2) Fitness facilities. (3) Enclosed bike storage. (4) Public art such as a statue. (5) Dog park with waste station. (6) Commercial outdoor kitchen. (7) Fitness course. (8) Enclosed storage. b. Open space: (1) Community garden. (2) Ponds or water features. (3) Plaza. (4) Picnic area including tables,benches, landscaping and a structure for shade. c. Recreation: (1) Pool. (2) Walking trails. (3) Children's play structures. (4) Sports courts. d. Multi-modal amenity standards. (1) Bicycle repair station. (2) Park and ride lot. (3) Sheltered transit stop. (4) Charging stations for electric vehicles. 2. The number of amenities shall depend on the size of multi-family development as follows: a. For multi-family developments with less than twenty(20)units,two(2)amenities shall be provided from two(2) separate categories. b. For multi-family development between twenty(20) and seventy-five(75)units,three (3)amenities shall be provided, with one from each category. c. For multi-family development with seventy-five(75)units or more, four(4) amenities shall be provided, with at least one from each category. d. For multi-family developments with more than one hundred(100)units,the decision- making body shall require additional amenities commensurate to the size of the proposed development. Based on 552-units, a minimum of 4 amenities are required. Amenities are proposed as follows: a clubhouse with a swimmingpool, hot tub and cabanas; an outdoor kitchen and dining area;fitness lounge, lawn games and firepit lounge;pickleball court; children's play area; dog parks; a smaller swimming pool,picnic shelter and fire pit lounge; art; pedestrian walkways; 10 foot wide sidewalks along the collector street(Vanguard); and Page 18 Page 115 Item#8. an amenity area with a BBQ lounge(see Exhibit 6 in Section VLD below). Amenities are provided from all of the required categories. 3. The decision-making body shall be authorized to consider other improvements in addition to those provided under this subsection D,provided that these improvements provide a similar level of amenity. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) E. Landscaping Requirements: 1. Development shall meet the minimum landscaping requirements in accord with chapter 3, "Regulations Applying to All Districts", of this title. 2. All street facing elevations shall have landscaping along their foundation. The foundation landscaping shall meet the following minimum standards: a. The landscaped area shall be at least three feet(Y)wide. b. For every three(3) linear feet of foundation, an evergreen shrub having a minimum mature height of twenty-four inches (24") shall be planted. c. Ground cover plants shall be planted in the remainder of the landscaped area. The landscape plan submitted with the Certificate of Zoning Compliance application should depict landscaping on all street facing elevations in accord with these standards. F. Maintenance and Ownership Responsibilities: All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to, structures,parking, common areas, and other development features. The Applicant shall comply with this requirement. Landscaping(UDC I1-3B): Street buffer landscaping is required to be provided with the subdivision improvements as noted above in Section V.B. Landscaping is required to be provided along all pathways per the standards listed in UDC 11-3B-12C,which requires a minimum 5-foot wide landscape strip along each side of the pathway planted with a mix of trees, shrubs,lawn, and/or other vegetative ground cover; a minimum of one(1)tree per 100 linear feet of pathway is required. Parking lot landscaping is required to be provided per the standards listed in UDC 11-3B- 8C. Staff recommends a minimum of one(1)tree be provided for every 8,000 square feet of common open space. Parking: Off-street vehicle parking is required for the proposed multi-family dwellings as set forth in UDC Table 11-3C-6. Based on 222 1-bedroom units and 330 2- and 3-bedroom units, a minimum of 993 off-street spaces are required with 552 of those being in a covered carport or garage. Off-street parking is required for the clubhouse and amenity building as set forth in UDC 11-3C-6B.1 for non-residential uses; based on 9,368 s.f for the clubhouse and 1,800 s.f. for each of the amenity buildings, a minimum of 26 spaces are required. Between the residential units, clubhouse and two amenity buildings, a minimum of 1,019 off- street parking spaces are required with 552 of those being in a covered carport or garage. A total of 1,054 off-street parking spaces are proposed with 665 of those being covered spaces (470 garages/195 carports)in excess of UDC standards. Based on 1,054 parking spaces proposed, a minimum of 42 bicycle parking spaces are required to be provided; a total of 48 spaces are Page 19 Page 116 Item#8. proposed. Bicycle parking facilities should comply with the standards in UDC 11-3C-5C. Bike racks should be provided in central locations for each building and for the clubhouse. The Applicant's narrative states an additional 94 off-site on-street parking spaces will be provided for guests,which totals 129 additional spaced beyond those required. However,ACHD is requesting some turn lanes be provided which will reduce this number. Private Streets: The Fire Dept. has requested private streets are provided for addressing purposes of the multi-family units. All private streets should comply with the standards listed in UDC I I- 3F-4. The Applicant shall submit a private street application concurrent with the final plat application. Fencing: No fencing is depicted on the landscape plan for this development. All fencing should comply with the standards listed in UDC 11-3A-7 if proposed. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual(ASM) I TMISAP Conceptual building elevations were submitted for the proposed apartment, flat and townhome- style multi-family and clubhouse buildings as shown in Section VII.D.7. Updated Rbuilding materials consist of vertical and horizontal hardie plank siding in 1jgLgray;and green and wood colors; stucco in dark gray and off-white colors; and vertical western red cedar siding with cedar posts and beams and asphalt shingles. Per the TMISAP for MHDR designated areas,the design of residential buildings should incorporate street-oriented and human-scale design and be located as close to the property line as possible to create a consistent edge to the public space and make streets more friendly and walkable.The closest the structures are allowed to be per UDC Table 11-2A-7 is 10-feet from the back of sidewalk as proposed in the cross-section below with the collector street buffer placed in an easement. e t TYPICAL CR055 SECTION r) Structures should incorporate traditional neighborhood design.Front porches with parking behind the buildings are desired. Streetscapes with landscaped parkways with trees between curbs and sidewalks, street furniture and view corridors are key.Primary facades should include an entry into the building; entries should be located so as to provide direct access from adjacent public spaces, streets and activity areas as proposed. Where primary facades face a designated public space and another faces a parking area designed to serve that structure such as proposed,both facades should be designed and detailed as primary facades and both should have prominent usable entries. The space between a building facade and the adjacent sidewalk should be landscaped with a combination of lawns,groundcover, shrubs and trees. Mostly attached low-rise buildings of 1- 3 stories are recommended as proposed. 4"dings skeoldf designed-Witk 4eafl!-delineated base6;-W4ies-and tees f see-pg-d 9). Page 20 Page 117 Item#8. lAwdseaped-buffers-Should y3lvWd• eeu the proposed-developme t andI#e-existing single-€muily-development to the-ner-tlr. Ground floor elevations should be 18 to 24 inches above sidewalk grade with individual units opening directly onto adjacent rights-of-way with stoop frontage. Pitched roofs should be symmetrical hips or gables with a pitch between 4:12 and 12:12 and have an overhang of at least 12 inches. Public art in a high quality of design should also be provided in shared spaces and incorporated into the design of streetscapes. The proposed conceptual elevations are not approved. Final design must comply with the design standards in the Architectural Standards Manual(ASM) and the design guidelines in the TMISAP for the MHDR designation (see the matrix for Application of the Design Elements on pg.3-49).A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications.Note:Any variations from the design standards in the ASM should be requested through a design standard exception as detailed in the ASM with the Design Review application. VI. DECISION A. Staff: Staff recommends approval of the requested DA modification,rezone,preliminary plat and conditional use permit per the provisions noted in Section VIII,per the Findings in Section IX. B. The Meridian Planning&Zoning Commission heard these items on March 17, 2022. At the public hearing, the Commission moved to recommend approval of the subiect RZ, PP and CUP requests. 1. Summary of Commission public hearing: a. In favor:JoAnn Butler,Deb Nelson,Garret Scott,T.J. Winger b. In opposition: None C. Commenting: None d. Written testimony: JoAnn Butler, Applicant's Representative L. Staff presenting application: Sonva Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. The Applicant requests a couple of alternatives to the design guidelines in the TMISAP pertaining to roof pitches and front stoops in the multi-family portion of the development. The plan calls for roof pitches ranging from 4:12 to 12:12; the Applicant requests the allowance of a lower pitch for the community clubhouse amenity buildings of 2:12 and for the townhome garages of 3:12 to allow larger windows with lower sills at the second level. Front stoops are desired in the Plan for buildings that face public streets of 18"to 24"above grade; due to concerns pertaining to compliance with ADA requirements,the Applicant proposes patios instead with railings that frames off the entrances that are covered by the above balconies. b. In favor of the roof pitches and front porches proposed in lieu of stoops for sense of place within the community&opinion that they meet the intent of the guidelines.—TJ Winger(part of the architecture team for this proiect). 3. Key issue(s)of discussion by Commission: a. The Applicant's request for lower roof pitches for certain structures; and for front stoops to not be required per the design guidelines in the Plan; b. Preference for more commercial to develop first rather than residential to create more iobs 4. Commission change(s)to Staff recommendation: Page 21 Page 118 Item#8. a. The Commission was supportive of the Applicant's request for lower roof pitches in the multi-family portion of the development (i.e. 2:12 on amenity buildings and 3:12 on townhome garages)and for the design guideline pertaining to front stoops to not be required. 5. Outstanding issue(s) for City Council: a. If Council agrees with the Applicant's request for lower roof pitches for certain buildings and for covered front patios to be provided instead of stoops, it should be memorialized in the DA. C. The Meridian City Council heard these items on April 19,2022. At the public hearing,the Council moved to approve the subject MDA,RZ,PP and CUP requests. 1. Summary of the City Council public hearing: a. In favor: JoAnn Butler, Deb Nelson, Garret Scott, T.J. Winger b. In opposition: None C. Commenting:None d. Written testimony:None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s)of public testimony, a. None 3. Key issue(s)of discussion by City Council: a. Desire for xeriscape landscaping to be provided around commercial buildings in areas where landscaping isn't required per UDC standards; b. The lower roof pitches and front patios instead of stoops reguested by the Applicant: 4. City Council change(s) to Commission recommendation; a. City Council approved the Applicant's request for lower roof pitches for certain buildings as specified and front patios instead of elevated stoops in the multi-family portion of the development. Page 22 Page 119 Item#8. VII. EXHIBITS A. Development Agreement(DA) Modification 1. Existing DA provisions(Planning Dept. only): 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner shall develop the Property in accordance with conditions identified in Exhibit B of the staff report for the hearing date of December 8, 2009,which Exhibit B of the staff report is a portion of Exhibit B attached to this Agreement. EXHIBIT B: AGENCY& DEPARTMENT COMMENTS On September 24, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department,Meridian Public Works Department, Meridian Parks Department,and Sanitary Service Company. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The legal description and exhibit map for the area contained in the proposed annexation submitted with the application (stamped on August 26, 2009, by Michael Marks, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.2 A Development Agreement(DA)will be required as part of the annexation of this property. Prior to the annexation ordinance approval,a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office within one year of Council approval to initiate this process. Currently,a fee of$303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. An encroachment permit is required for any improvements proposed within the pipeline easement. A copy of the executed encroachment agreement shall be submitted to the City prior to issuance of any Certificate of Zoning Compliance for this site. Uses such as daycares, schools, hospitals, assisted living facilities, etc. where occupants are not able to leave the area quickly in case of an emergency, are discouraged in the vicinity of the pipeline. b. Street buffer landscaping, internal parking lot landscaping, landscape buffers to adjoining residential uses, and mitigation for existing trees 4-inch caliper and larger that are removed from the site,will be required with development of this site and shall be installed in accordance with City of Meridian ordinances in effect at the time of development. c. Development of this site shall be consistent with the concept site plan shown in Exhibit A.2 and the concept pictures shown in Exhibit A.3. Further, future development shall be consistent with the vision of the Ten Mile Specific Area Plan, the Design Manual,and City of Meridian ordinances in effect at the time of development. Page 23 Page 120 Item#8. d. Development in the R-40 district shall be consistent with the overall density and development standards contained in the Ten Mile Interchange Specific Area Plan for Medium High Density Residential(MHDR)designated areas. e. Development in the C-C district shall be consistent with the development standards contained in the Ten Mile Interchange Specific Area Plan for Mixed Use Commercial (MUC)designated areas. Uses within the C-C district shall be comprised of a mix of uses(i.e. office,retail,recreational, employment, and other uses, including residential uses)as defined in the Ten Mile Interchange Specific Area Plan. f. A 10-foot wide segment(s)of the City's multi-use regional pathway system shall be constructed on the site in accordance with the Master Pathways Plan in the general locations noted on the plan included in Exhibit A.4; exact location of the pathways shall be determined by the Planning Department and Parks Department at the time of development. Said pathway shall be primarily located within the pipeline easement and provide connectivity to the planned pathway in Baraya Subdivision at the northwest corner of the site. Pathway stubs shall be provided at the west boundary further to the south and to the east boundary on the north end of the site for connectivity with future segments of the pathway. g. The applicant shall submit a Certificate of Zoning Compliance application to the Planning Department for approval of all future uses on the site to ensure compliance with the Unified Development Code, Ten Mile Interchange Specific Area Plan, Comprehensive Plan,Design Manual,and provisions of the development agreement contained herein,prior to issuance of building permits for any structure(s)within this site. Link to complete Development Agreement(Inst. #110115738): https://weblink.meridiancity.org/WebLink/DocView.aspx?id=76898&dbid=O&repo=Meridian City Page 24 Page 121 Item#8. 2. Existing Approved Conceptual Development Plan& Elevations: PARCEL R-1 _ PARCEL O-S _ PARCEL M-6 \ L-' -- _, _ ter•'-•'-c,_ w �= PARCEL M-1 _�.ia 0.1 PARCELM. '•e.— � �i.> Ica .PARCELO.2 _ T 3 PARCEL M-2&M _• :. � _ PARCEL O 3 •- — PARK RESTAURANTA PARCEL01 PARCEL M-i PARKRE&TAURANT5 PARCEL 0-5 _ PARK RESTAURANT °0'�"" �•� PARCEL M-S PARK RESTAURANT D PARCEL D•6 cstim� W L COUTIOUE RETAIL PARCtiC'0'7 3f 2 T , --- II ' - - Lam -w- 4 F•� 4Si5 a-„a AhO wA Page 25 Page 122 Item#8. 3. Proposed Conceptual Development Plan % It lb rM 41 *a �• IbI�i� •i , - 1-84 Page 26 Page 123 4. Proposed Conceptual Building Elevations/Design I i'Vi Examples of Mixed Use Cominercial./Retail in the C-C Zone MIL— �..• `.' Ike PRODUCT R D CONCEPT Examplesof Vertically Integrated Residential •g' 27 Item#8. l 4 Ilk a WE PRODUCT CONCEPT STUDY Examples of Mixed Employment Design IdL AL WE PRODUCT CONCEPT STUDY Examples of High Density Employment Design Page 28 Page 125 Item#8. B. Rezone—Legal Descriptions & Exhibit Maps ,005 � I � F6 � r ! e — — ® is 9 J m Z Z N ! zaarrG exrieir M 3 L3.U0 Page 29 Page 126 Item#8. EaT-O ENGINEERS Project No: 190580 Date:December 15,2021 Page IofI MERIDIAN 118 H-E ZONING A parcel of land located in portions of the NE1/4 of the SW1/4,and the NW1/4 of the 5E1/4,of Section 15,Township 3 North, Range 1 West,Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Center East 1/16 Corner of said Section,from which the Center 1/4 Corner of said Section bears N.89°14'39"W., 1321.43 feet;thence along the east boundary of said NW1/4 of the SE1/4, A) S.00"33'33"W.,419.50 feet:thence, B) S.88020'35"W.,422.37 feet;thence, C) S.060-13'49"W.,104.18 feet to the POINT OF BEGINNING.thence continuing, 1) 5.06013'49"W.,46.04 feet to the beginning of a tangent curve;thence, 2) Southwesterly along said curve to the right,having a radius of 125.00 feet,an arc length of 96.48 feet,through a central angle of 44°13'28"and a long chord which bears S.28'20'33"W., 94.11 feet;thence tangent from said curve, 3) S.50°27'17"W.,698.92 feet;thence, 4) N.W032'45"W.,589.58 feet;thence, 5) N.66906'D5"E.,97.09 feet to the beginning of a tangent curve;thence, 6) Northeasterly along said curve to the right,having a radius of 1000.D0 feet,an arc length of 430.30 feet,through a central angle of 24139'16"and a long chord which bears N.78'25'43"E.,426.99 feet:thence tangent from said curve, 7) S.89014'39"E.,456.97 feet to the POINT OF BEGINNING, CONTAINING:7.06 acres,more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738,Official Records of Ada County, Idaho. P� IL s 13765 a• I Ll c4IZ f o !rE 0 F 10' p 332 N.Broaamore Way N.irn[LL ID 83687 i P 208 442 6300 to engineers_com 0.M Page 30 Page 127 Item#8. ©2021 T-OENGINEER$.THIS INSTRUMENT ISTHCPROPERTYOFT-OENGINEERS.AWREPRODUCTION,REUSEORMODIFICAVOINOFTHISINSTRUMENTORITSCONTENTSWTHOUTSPECPICVIRITT-eNPERMISSIONOFT-0ENGINEERSISSTRICTLYPROHOTEI EXHIBIT SKETCH- H-E ZONING LOCATED IN PORTIONS OF THE NE14 OF THE SW114 AND THE NVV111 OF THE SE114 OF SECTION 15,TOWNSHIP 3 NORTH.RANGE 1 WEST BOISE MERIDIAN.CITY OF MERIDIAN.ADA COUNTY,IDAHO 2021 LINE TABLE CW1116— N89'14'51"W C114 —f N09"1BASI OF HEARINGS .�� N89'14'39"W 1321.43' CE1116 LINE BEARING DISTANCE 1322,76' --- 0 Ll SO6'13'49'W 104.18' a a L2 S06'13'49"W 46.04' 3 (C-C) L3 N66'06'05"E 97.09' I� IM 0 O LEGEND POINT OF 513_8'20'35"W 422.37' BEGINNING _ S89-14'39"E - -- New ZONE i90uw0ARY �, --"'° —- 456.97 - EXISTING ZONE BOUNDARY 3 --- SECTION LINE S1215427850 RECORD ANGLE POINT y♦ H-E (C-C) EXISITING ZONING �\ 7.06 AC. /9ti S1215427850 ASSESSOR'S PARCEL No. (H E) rss /1�y16 (N E) 5 NOTES 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS INCLUDED IN THE DEVELOPMENT AGREEMENT RECORDED AS INSTRUMENT No.110115738, +VT11i57n71; - OFFICIAL RECORDS OF ADA COUNTY, IDAHO. g 2. THE PARCEL SHOWN WILL BE RE20NED FROM 0' ISO, 3001 600' C-C TO H-E. LA p _ SCALE:1"W 300' �S CURVE TABLE -� '0 m T-O ENGINEERS CURVE RADIUS LENGTH DELTALN78-2V4.3-E G CHORD 13765 s 1�t�rz� Cl 125.00' 96.48' 4413'23'W 94.11' l 332 N.BROADMORE WAY C2 1000.00' 430.30' 2a'39'1 426.99' P if OF � A NAMPA,IDAHO83687 HBO Mp>,L� PHONE:(2D8)442.6300 WWW.1U-ENGINEERS.COM E-FILE.1905%V-X3 20NIN0 H-E DATE 12IIP2021 JOB:1415DO Page 31 Page 128 Item#8. WWI T O ENGINEERS Project No: 190580 Date:December 15,2021 Page 1 of 2 MERIDIAN 118 M-E ZONING A parcel of land located in portions of the NE1/4 of the SW1/4 and the NW1/4 of the SE1/4,of Section 15,Township 3 North, Range 1 West.Boise Meridian.City of Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Center 1/4 Corner of said Section 15,from which the Center East 1/16 Corner of said Section bears S.89°14'39"E., a distance of 1321.43 feet;thence, along the north line of said NE1/4 of the SWl/4, A) N.89014'51"W.,291.63 feet to the POINT OF BEGINNING.;thence, 1) 5.39031'08"E.,747.95 feet to the beginning of non-tangent curve;thence, 2) Southwesterly along said curve to the left, having a radius of 1000.00 feet,an arc length of 185.66 feet,through a central angle of 10°39'16"and a long chord which bears S.71125'13"W., 185.4C feet;thence tangent from said curve, 3) S.66106'05"W.,231.67 feet to the beginning of a non-tangent curve;thence, 4) Southwesterly along said curve to the right,having a radius of 750.00 feet,an arc length of 322.73 feet, through a central angle of 24039'16"and a long chord which bears S.78025'43"W_, 320.24 feet;thence tangent from said curve, 5) N.89014'39"W., 51.86 feet;thence, 6) S_00°45'21"W.,393.83 feet to the north right-of-way of Interstate Highway 84;thence along said right-of-way, 7) N.81'24'57"W.,352.28 feet;thence, 8) N.85023'09"W.,21.65 feet;thence departing said north right-of-way, 9) N.09028'05"E.,86.37 feet to the beginning of a tangent curve,thence, 10)Northeasterly along said curve to the right, having a radius of 150.00 feet,an arc length of 107.30 feet, through a central angle of 40°59'02"and a long chord which bears N.29157'36"E., 105.02 feet;thence tangent from said curve, 1 332 N. Broadnore Way Nampa_ID 83687 P:208 442 6300 to rnginee s ram Page 32 Page 129 Item#8. T O ENGINEERS Project No: 190580 Date: December 15, 2021 Page 2 of 2 11)N.50027'07"E.. 357.09 feet;thence, 12)N,39°32'45"W., 918.69 feet to beginning of a tangent curve;thence, 13)Northwesterly a ong said curve to the right,having a radius of 150.00 feet,an arc length of 39.04 feet,through a central angle of 14°54'48"and a long chord which bears N.32°05'21°W., 38.93 feet to the north boundary of said NE1/4 of the SW1/4,from which point the Center West 1/16 Corner of said Section bears N.89014'51"W.,a distance of 115.16 feet;thence, 14)5.89014'51"E.,915.97 feet to the POINT OF BEGINNING. CONTAINING:17.38 acres, more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738,Official Records of Ada County, Idaho. �►G 13765 OF 0'MA- 2 332 N-Broadmore Way ID 83687 R 208 4-42 6309 to eng x ers eom Page 33 Page 130 Item#8. ©2021 T•0 ENGINEERS.TH S I145TRILMENTIS THE PROPERTY OF T 0 ENGINEERS.ANY REPRODUCTION,REUSE OR MODIFICATION OF TNIS INSTRUMENT OR ITS CONTENTS 1MTH OUT SPEC FIC WRITTEN PERMISSION OF T•0 ENGINEERS IS STRICTLY PRONBITEI EXHIBIT SKETCH-M-E ZONING LOCATED IN PORTIONS OF THE NEIA OF THE SW114 AND THE NW 1/Z OF THE SEt/4 OF SECTION 15,TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN,ADA COUNTY,IDAHO 2021 CW1/16 LS S89'14'51"E 915.97' _ N89.14'51'W C114 BASIS OF BEARINGS A 589.14'39"E 13?1.43' _ CEtn6-- 291.63' --- -�---n POINT OF J BEGINNING s 2♦ \O's F 2\ \y D' 150, 300' 500, spy♦ S1 2 1 54278 50 ♦ems' �� (M E) per\ M-E ` SCALE.1'=3D0' s � 17.38 Ac. ♦ (C-C) LEGEND "N yg♦ ♦ k E /P� G� ---- NEW ZONE BOUNDARY EXISTING ZONE BOUNDARY 4 13765 \ A o��°= --''^ \' '-- SECTION LINE r7/����z(�o �h�• I o RECORD ANGLE POINT �JF OF `pr ��� i+1IN (M-E) EXISITING ZONING 00 9�B0 .MA`��l aiilo (NE) S1215427850 ASSESSOR'S PARCEL No. �l IN ---eD 352.28• NOTES L3 N81'2 µ`INTsTA I t__ E 84 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS INCLUDED IN THE DEVELOPMENT AGREEMENT LINE TABLE CURVE TABLE RECORDED AS INSTRUMENT No.1 1 011 57 38, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. LINE BEARING DISTANCE CURVE RADIUS LENGTH DELTA BEARING CHORD 2 THE PARCEL SHOWN WILL BE REZONED FROM L1 S66-06-05"W 231.67' C1 1000.00' 185.66' 10'38'16" S71'25'13"W 185.40' C-C AND H-E TO M-F. L2 N89-14.39"W 51.86' C2 750.00' 322.73' 24'39'16" S78'25'43"W 3,20.24' L3 N85-23.09"W 21.65' C3 150.00' 107.30' 40'S9'02" N2957'36"E 105.02' m 7-0 ENGINEERS L4 N09-28'05"E 86.37' C4 150.00' 1 39.04' 1 14-54'48" N32-05'21'W 38.93' 332 N.BROADMORE WAY NAMPA,IDAHO83687 L5 N8914'51"w 115.16' PHONE:(20B)442.6300 6V4VW.TO-ENGINEERS.COM E-FILE.19MVAB ZONING M•E DATE.1b1512021 N6:1905N Page 34 Page 131 Item#8. 7.0 ENGINEERS Project No: 190580 Date: December 15,2021 Page 1 of 1 MERIDIAN 118 R-15 ZONING A parcel of land being all of the SE1/4 of the NW1/4,of Section 15,Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho,being more particularly described as follows: BEGINNING at the Center 1/4 Corner of said Section 15,from which the Center East 1/16 corner of said Section bears S.89'14'39"E.,a distance of 1321.43 feet;thence along the south boundary of said SE1/4 of the NW1/4, 1) N.89"14'51"W. 1322.76 feet to the Center West 1/16 Corner of said Section;thence alone the west boundary of said SE1/4 of the NW1/4, 2) N.00°39'49"E. 1328.76 feet to Northwest 1/16 Corner of said Section,thence along the north boundary of said SE114 of the NW 1/4, 3) S.89015'14"E. 1321.52 feet to the Center North 1/16 Corner of said Section,thence along the east boundary of said SE1/4 of the NW1/4, 4) S.00°36'37"W. 1328.91 feet to the POINT OF BEGINNING. CONTAINING:40.33 acres,more or less. `Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738,Official Records of Ada County, Idaho. a 765 fl aD OF I'D 9�B MAl1�-1 1 332 N Broanioow Way Nampa.ID B3687 P:208.442.630* o engirxerc,�om Page 35 Page 132 Item#8. Q N21 T-O EN31NEERS THIS INSTROVENT IS THE PROPERTY OF T-O ENGINEERS.ANY REPROOKII0N,REUSE OR MODFICATION OF TH131145TRUMEM OR TS CONTENTS WITHOUT SPECIFIC WRITTEN PERMISSION Of T•O ENGINEERS IS STRICTLY PROHIBITEI EXHIBIT SKETCH-R-15 ZONING ALL OF THE SE1/4 OF THE NW114 OF SECTION 15.TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MiRI01AN,ADA COUNTY,IDAHO 2021 NW1116 S89'15'14"E 1321.52' CNN16 LEGEND �__--'•-__-----__-----__� -- NEW ZONE BOUNDARY 1 1 EXISTING ZONE BOUNDARY SECTION LINE 1 1 o RECORD ANGLE POINT 1 1 (M-F) CALCULATED POINT III S1215244200 ASSESSOR'S PARCEL No. rol \11, S1215244200 N wl R-15 I NOTES �+ 40.33 Ac. 1 n 1. ALL BEARINGS AND DISTANCES SHOWN ARE of lto BASED ON RECORD ZONING DESCRIPTIONS =1 (M-E) 1$o INCLUDED IN THE DEVELOPMENT AGREEMENT 1 I En RECORDED AS INSTRUMENT No.1 1 011 5738, I I OFFICIAL RECORDS OF ADA COUNTY, IDAHO. 2. THE PARCEL SHOWN WILL BE REZONED FROM R-40, M-E, AND C-C TO R-15. f 1 - 1 CW1116 N89'14'51"W 1322.76' C14 S9G'14'39'E 1321.43' CEV16 At,%. AN 0' 150' 300' 600' 13765 p n T-O ENGINEERS N�(2 I�. 332 N.BROADMORE WAY SCALE:1"=3OC' OF � NAMPA,IDAHO 83687 � y PHONE:(208)442-6300 WWW.TO-ENGINEERS.COM .-FILE.1905WV-XB ZDNING R-a5 DATE 12/02021 JOB 19OW Page 36 Page 133 Item#8. T O ENGINEERS Project No: 190580 Date: December 16, 2021 Page 1 of 1 MERIDIAN 118 C-C ZONING A parcel of land located in a portion of the NW1/4 of the SE1/4 of Section 15,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho,being more particularly described as follows: BEGINNING at The Center East 1/16 Corner of said Section 15,from which the Center 1/4 Corner of said Section bears N.89°14'39"W., 1321.43 feet;thence,along the east boundary of said NW1/4 of the SE1/4, A) S.00�33'33"W,,419.50 feet to the POINT OF BEGINNING;thence continuing along said east boundary, 1) S.W33'33"W., 121.49 feet;thence leaving said east boundary, 2) N49014'39"W.,432.35 feet;thence, 3) N.06013'49"E., 104.18 feet; thence, 4) N.88°20'35"E.,422.37 feet to the POINT OF BEGINNING. CONTAINING; 1.10 acres,more or less. 'Bearings and distances are based on the record zoning descriptions included in the Development Agreement recorded as Instrument No. 110115738,Official Records of Ada County, Idaho. � ENS a 13765 o N,,1Zl`Iz'o OF I'D 0'fA i ,132'4 Brnadmore Way Namlo.1D 63687 I''208_e-42.6300 to engineersxom Page 37 Page 134 Item#8. ©2021 TO ENGINEERS.THIS INSTRUMENT IS THE PROPERTY OF T-0 ENGNEEFS,ANY REPROOUCT•ON,REUSE OR MODIRCAriON OF THIS iNSTRUMENT OR ITS CONTENTS WITHOUT SPECIFIC ViRITTEN PERMISSION OF TO ENGINEERS IS STRICTLI PROHI8-TEI EXHIBIT SKETCH-C-C ZONING LOCATED IN A PORTION OF THE NW114 OF THE SEi14OF SECTION 15,TOWNSHIP 3 NORTH,RANGE 1 WEST BOISE MERIDIAN,CITY OF MERIDIAN ADA COUNTY,IDAHO 2021 CW1116�gg14'51"W 1322.76' C1/4 BASIS OF BEARINGS __ ____ NS!'14'39"W 1321.43' -- -- CE1l15 0 N LINE TABL2t LINE BEARING CE �1 L7 S0033'33"W9' n L2 N0613'49'E8' 0' 150' M' wo' g POINT OF l SCALE.1"=300' BEGINNING l N88'20'35"£ 422.37' S121542TSS0 LEGEND 2 c-c (C-C) 1 10 Ac. --�--- NEW ZONE BOUNDARY + N89'14'39'W 432.35' EXISTING ZONE BOUNDARY f ---- SECTION LINE F' (H-E) I I a RECORD ANGLE POINT I (H-E) EXISTING ZONING S1 2 1 54 2 7850 ASSESSOR'S PARCEL No. I NOTES os EN 1. ALL BEARINGS AND DISTANCES SHOWN ARE BASED ON RECORD ZONING DESCRIPTIONS o INCLUDED IN THE DEVELOPMENT AGREEMENT 13765 p m T-O ENGINEER S RECORDED AS INSTRUMENT No.110115738, OFFICIAL RECORDS OF ADA COUNTY, IDAHO. 0/11Wzv' pt �o� 332 N.BROADMORE WAY 2. THE PARCEL SHOWN WILL BE REZONED FROM �� Of F� NAMPA.IDAHO B3687 H-E TO C-C, 60'Mp1.L PHONE;(208)442-6300 WWW.TD-ENGINEERS.COM E-FILE:19r90*0 ZONING CC DATE:12il&?Q2i J00.19MD Page 38 Page 135 Item#8. C. Preliminary Plat 1. Preliminary Plat&Phasing Plan_(REVISED)(date: 11/17/2021) LLI --- � _ 91EETvux --L ✓ i Af l9ef� SRE MTM ¢ e �- F-j _ 2 5M Yr as .aµFw-oo.-TT —yam co.o I II ,I II !i ® m II _ JL 3 Page 39 Page 136 Item#8. p A y.1 i z al 4-4 .tee. E I$ } p W C1,2 • --- - ruawwwnr _ •� l �gEpp --- x - -_. � I I I I I a�•, I €!I I I 'U J 161I ogN I L „ \ z J ® n h Q « „d -ems,.m -- Page 40 Page 137 Item#8. I fll — ——————— ————————— ag�8 E 0 6 z 7 O Z O a Q 0 C1.4 z O ,�.�..p. .,.,. :J,.✓ O Z CORnI REEFWA RKi wOi� K BBB f W 0 a `s > w 0 < as � � a t w z a uwse=r o�iRr wnvwnr J ®m-� C2.3 Page 41 Page 138 Item#8. vww.-mruvaov�.wixwgQ � f 9i C2.4 Updated: - a MR f o— Page 42 Page 139 Item#8. -d •.��._ GMVEf nIQ 20HE3 � + I M � g s � El a F R-15 t Y L } e {${ W A4E sly I O Q 3 _ L CIE �, !\ => p Page 43 Page 140 Item#8. 2. Landscape Plan (date: 2/13/2022) fl3 ���...,•�'. m VANGUARD WAV..w"•iai+++."` yo S _,.._,..._.mow I�� a��� 1� ❑ i� � 5 j _"•.,:::8._:.stW�`���••m,•W:,� ovExru oEVEwPM-_n__ __ � ,,. R ' o�-•M•'�+ ensue - - SHEET INNEX K F . f > �•� �W•��,��•,-_�� =61TIIKRENlER-OF ENTRI3 AT MN6UKm WAY AMUMMIA HILLS �• m woauwecuaa.aiorm w�scrrE wcuunaes �� _��� . ; sta a_ ;. 5. : F _ O W _._ J W mal U 2 U L2.00 Page 44 Page 141 Item#8. ®n� GROUNi MATERIAL SCHEDULE 0 \' �r L6.13 L6.14 i it � SYMiiL SCHEDULE L6.11 L6.12 � + s .. �.«. a a ■ � y u f s _. F cb - 2' g L6.01 alu�N' ,iIH 0 p U 0_j � o - "_ OH'HN4 NII'i10- � III�Np�iiiNO `' w L6.03 ulu.l� bHo € w a (� w Q a a � z L6.07 aeww� u > C7 -C M �I n%,N4fi N wAN4� Z Lu Ci' ENO w a 04frripHNHrHp _`I a ®OV ERA�rLavnMc ww I L&O Link to complete plan set: https://weblink-.meridiancity.orzlWebLink/DocView.Rspx?id=252515&dbid=O&repo=Meridian City Page 45 Page 142 Item#8. 3. Circulation Plan-Revised SOMEONE f is ......... rr i 5S ¢ I YIIIInnlnl _ ®tl F7, `r I w a C7 g tea® f dog O NHI��Q1H NHN hllllllhfiy eJHHHukn�l'a Z LU .: ` onnno info � 7 u7 zi ENHNNNIHNHN w gG4y !Il�1AUTEWALS M�8RE G63G'.�_4':M FAIN 4 LB Page 46 Page 143 Item#8. D. Conditional Use Permit 1. Site Plan(dated: 10/6/21) _ -- 5°' Rill - W LI F 7 3 i y z yyyp`� Y `> �� ° aaaxno r'neraarnor rwrou.ao wnv W µ Lo Lu � a era�c•ue' Page 47 Page 144 Item#8. lati,n•,veer r-` LzaL ,.. � !'p?t -. '*'-- "�v-.�.$_� �1+"*'airTn'kr" `\ .i-,u_rrea�_riswca.^---=•-==:.�ecz•�a�u4.cwmo� r._._._._..� ,�• �� _• ••• � � rsym;uF,6Frem�m.cesu. r - / � m � seroiime.,.�M.�uaaessz:aw II 1 rl _ i� S�SltifJJIIIFFFLAit:ronwe w.wunb ( � i w �. � IRY.4'S llFnlim mlFC Il _ en[ nr lin vmc..0 e.r�rn .um om w.r.c r wec nw ian rreerr ¢.a n,v .um�v wumc r 9 421®LLtCIBIIFLLGG CUP FOR LDK PR*J=C7 VANGUARD A7 10 MILE MERIDIAN]WAH19 33642 VANGUAM 311!►FAN � ,sm[:b,%.+�'+w�travi�.cM�nm�ir m��a_,wIW¢w.,�s,a.�vwan,dymmm uautn lameuswyenn Page 48 Page 145 Item#8. 2. Phasing Plan-REVISED e ~ »ay'� ���'a••;T\ter Ph\SEE Ni 10nE5Qo id „i fsf a i r J 5 O a � a zaz _s z 14 -- -- ,M® Page 49 Page 146 Item#8. 3. Parking Calculations-Revised eii)[rxd Ir•n- Part,% m r, rota nan- b3a. rota,. Garage•xunt lbad ►.Aing izi Ak covered covered 2.5 bed 2/.nit covered coaeed d Bred Garden Style 24 1 12 IB 6 12 12 24 12 12 lY C 24 Guiding 3 6 8 2 3 1 2 4 a 4 4' 5 6 BuldirC 4 B a 4 6 2 4 4 a a 4 6 a Building 5 8 ¢ 2 3 1 2 6 12 6 6 7 a Buidinc 6 Q a 0 D 0 0 4 a 4 4 4 4 buldirkg 7 4 Q 2 3 1 2 2 3 2 2' 3 Q Pequired ►rrri•6d PrmMN N•vided "red Non- Required "red Provided no Prv�ed Provided Provided ►HASEi t3r�dinE type w.oFhldgs real uniic Covered Covered G° L ADAStalls like Pahirg ovaed artad.ed dctarAed wrpans envered AlArolk like Pa rW Ga =es garag•i f2r6'irw Garden 6 iJa me 144 e 3 11 66 55 66 88 Q 5 4• 31 a ,3 5 13 134 93 104 ,% 6 3 12 12 32 24 36G wi 10 f56 TOTAL►RASE f 2% 366 37 14 3S )63 474 14 d1 Required ►IOV\1Pd PnT'Idld NrN ded ►HASE3 etidin`[ype p•-oFNdu ra3al unit "red Nun Required GueA Aegl{red Required Provided no amta6ed de her RwMed Prarlded Provided S'Ne Covered Cle red Parki ADAS1a15 Like Par. —ad GarL�es earaelc brporY wed AlaAmlls Garden 3 72 34 72 e 3 7 42 35 42 Q 6 49 36 lie as 6 2 a a 8 7 Q 16 12 16 SE 136 20 39 TOTAL PHASE 3 91 114 151 9 1�5 i 4 Page 50 Page 147 Item#8. 4. Landscape Plan (dated: November 2021) SECTION 05 TREE SPECIES MIX I TREES TOTAL NUMBER OF 1ROROSED TREES 9T1 NUMBER OF STREET TREES-157 REO(157 PROPOSED) LINEAL FEEL OF SL,REET FRONTAGE=5,495 SF TREE MITIGATION ALL EXISTING TREES REMOVED TO BE MITIGATED AT 1:1 RATIO NO ERISMG TM$ON DIFE FOR REOUIRWG Ns1MGttI511 PROPOSED TREE SPECIES MIX .� CONIFER-94 Trees PINUS FLE%I11510e; R51�5%57 T KO1uem ANE sx AFAEL N[1�R FLOEA alnuuN ertluuta¢ys; CLASS II-162 Trees aETVLA NIORA—TAOE"69% ACER RU6RUM 10% - CLASS 111-157 Trees �_ DyMND�LAeus DrDI�A ED% 1, PROPOSED TREE KEY CONFER QASSII C1A55111 -. - O D®0• VANGUARD VILLAGE.I Merid'Mn,IDl Cnndkional Uae Permit lluly 2021 GGLO La SECTION OS I TREE SPECIES MIX B ADDITIONAL DETAILS CLASS I CLASS II CLASS 1I1 CONIFERS � 4 1 A mel.nchier%g,ancrdI*ra'Auku,,R, llursce' BRWIanigra Heritage Gymnocladus dioi Pinuafle%Ilk Set-Acvberry River Birch Kentucky Coifee TTee Limber pine Height:15.25, Neigh.:35.50' Neighs:50.60' Height:40-50` Spread:15-25' Spread:30-40' Spread:35-45' Spread:25.40' Water:Medium Water:Medium Water:Medium Water.Medium Mainlenan—Low Maintenance:Low Maintenance:Low Maintenance:Low Ace,rubrum Udodandron tulipgera Red Maple Tulip Tree Weight-35.45- Height:50-80' Speed:25.35' Spread:35.45' Wafer:Medium Water:Medium Maintenance:low Maintenance low ANGIAtl.DVIIIAGE.I Meri&an,ID I tolarimalUae PRRIR I fu1y 2021 GGLO Lr Page 51 Page 148 Item#8. SECTION 07 1 PLANTING ZONES nrslvtxllr•r Rr.5l vrNn AL FORESTED MOUNTAIN �- ■ ALKALINE SN RUELANDS �'�>�' ■ GRASSY UPLANDS FREASUREVALLEY _ - NOTE:Building elevations shown—those sect'ons are for referenceonlyarld arenoxi—ele.Please seearchltecture section Far pro,osed build ink flans,el—ti—and sections. SECTION% I I I GASEA EM �.t.I�try�aL GRnSSV UPtnxoS 7l• AL%AIINE SN RUeLANvi GRASSY UPLnNo ML � � ♦yip I I I I I I I I I I SECTIONx I I I I I GesEASEMEM I I I I I I lFaL�ITAi ALnALIRE sr:RuawHv=_ eONWkTkW k: I I I SECTION% GAS EASEMENL VANGUARD VILLAGE.I Meridian,ID Conditional Use Permit July 2021 GGLO L-IQ Page 52 Page 149 Item#8. 5. Qualified Open Space-Revised SECTIONO3 OPEN SPACE DIAGRAM _r _ RIF PHASE 1 .\ sr PHASE 3 1 g L�J I. 1 • I OUALIFIEDOPEN SPACE I I I i I R _ _ OUALIFIEDOPEN SPACE CALCULATION MIN.AREA=4005F.PAIN.R.MENSION=20FT.{PERUPCIT-4-3-27C3 IOIAISITEAREA=1,715,21111 II PHASE 1 UNITS OSTYlEEN 500 SF A 1200 SF. - \ 1 270u RES(A 250 SF REO.OPE N SPACE 1=E7.5005F 1 �. \ I U NITS GREATER 714AN 120D SF: 104 UNITS IR 7505E RE OPEN SPACE=3E.,Ea05F ' •' '� \`\ 4 IOIAL REG OPEN SPACE=IIIIJ 605F ' - fOTAI OPEN SPACE PNYI►ED=275.9795F J .�. IT PHASE 7 UNITS 0STWIEN S00 SF E 1200 SF: •- - 152UNITSIA2505FREO.OPEN SPACE)=3R,OaOSF UNITS GREATER THAN 1200 EF: 34 UN175)A 3SOSF RED,OPEN SPACE!=11,909SF - TOTAL AEG OPEN SPACE= 00 D,95F IOfALO►FY SPACE PMYI BED=1I5,712SF _______----_______ YAYEWIO - MAIE: R FNVXTE DFEN SPACE CAICWAPON SEE XRCN1 fFCTURAI PROJECT►XlX Addeo.I M..i&—IN I C-06—l Use P-6,111.11.2021 GGLO 1-3 Page 53 Page 150 Item#8. 6. Site Amenities SECTION 02 I ILLUSTRATIVE LANDSCAPE PLAN SITE AMENITIES 1,COMMON CENTRAL AMENITY AREA WITH NATIVE GRASSES, �. MULTIPURPOSE TRAILS,SOCIAL GATHERING NODES AND SEATING �i ('LOCATED ATOP GAS EASEMENT.NO TREES OR FOUNDATIONS PERMITTED) 2.CLUB HOUSE AMENITY.SWIMMING POOL,HOT TUB,CABANAS AND PRIVACY FENCES 3-OIfTDOOR R(TCHEN A 01NIN& A.FTTRIE55 LOUNGE 5.LAWS!GAMES&FIREP IT LOUN HE II 6.PICKSE BALL COURT T CHILDREN PLAY A I EA R.DOG'PARS 9.RE 5 IRE NTIAL AMENITY AREAS WITH SWIMMING POOL,PICNIC SHELTER FP. Q A ND FIRE PIT LOUNGE IG.AFT&STORMWATER EADUTIES I I.PUMP BUILDING 12.RE S UlEAT1AL AMENIT V AREA WITH PLAY AREA AND 990 LO DNGE 13,60'O'SETSACK IZS'Si RE ET SCAPE PLANTING 53 S'IRRIGATION L--- EASEMENT) IA.5'-0"MIN PARKING LOT PERIMETER LAN]SCAPE STRIP ._R 15.BUFFER YLAfiiING AT OI FS FRFNT LAND USES 16.COVERED PARKING IA.A[U PAN KING 10.7D'STA EET 611 FFEA {F� 19.5'KNDENTIAL MFFfe 20.TRASH LOCATIONS ITYP.SEE L-R A ARCHITECTURE SHEETS FOR TRASH ENCLOSURE DETAILS) VEP9 -�I 21.57E IRM041 (BP)BICYCLE PARKING(SEE PARKING CALCULATION ON CIVIL SHEETS) _ 'NOTE:THERE ARE CURRENTLY NO EXISTING BUILDINGS.STRUCTURES.PLANTING _. —AS,LIGHT POLES,POWER POLES,WALLS,FENCES,RERIIS,PARKING AND LOADING _ MEAS.VEHICULAR DRIVES,TRASII AREAS,SIDEWALKS,PATH WAYS,STORMWATER ODLTFNTION AREAS,SIGNS,STREET FURNITURE OR OTHE R MAN-MADE ELEMENTS ON VANGUARDVILLAGE.I MeridieD,ID I CendfeomlUsePemlit I Nw mber2021 GGLO L2 Page 54 Page 151 Item#8. 7. Building Elevations(dated:September-27y24U March 9,2022)REVISED(NOT APPROVED) Link to complete plan set, including floor plans: https://weblink.meridiancity.orjz/WebLink/Browse.aspx?id=248842&dbid=0 &reyo=Meridia n 0ty MATERIAL LEGEND ■ m __ - - m :ill _ �.�� I ■o m m El FFj E' El m 71 .. SLHHEE'MA�IL-2,ARoDEN,BUILDING® MATERIAL LEGEND El 0 1 walzoNTAL MAROIE T GR4Y GREEN IERN REO CEDAR DARK DRAT Ilr=iM w. �u.v.�r ■ UCCO 'SMWGLES OFF WHITE aT GARDEN SMF I: y mp- nu TOWNHOUSE-BUILDING3 ELEV�.7I*NS � FOEta.oh ws.wwne..r..�.a:urw•n ni�Hur..no�rwa.www r.v s..E.ssw ras.Hu�Hw..,..ev.�. Page 55 Page 152 Item#8. MATERIAL LEGEND El 0 +rfs.EK..m A:P`x :�LciO rnllM+n nP y«irf L• ti�ulx x'TLLI I Z!'IiaeL+f4•m..lcw�w 3�311n `7 TOWN HOUSE-BUILDING 4 ELEVAIIOn$ MATERIAL LEGEND eNa1ZOxTnL «MDLE WfSTf RH RfO SNCCG tFLu WRK CRIY win -.ten oewr ASPHALT SIlICCO G«IrvGLES Dif WRITE AT GPRDEN STYLE MARTRBUTS I+a.+mr�R TOWN HOUSE-BUILDING 5 ELEV40M aL.�m� rarer r«��n..nRv*ur.wwRi avi.«iaw aow-r.�vnn.rrau w�,oma ae.ur:evei.�--.r>v�_-.r Page 56 Page 153 Item#8. MATERIAL LEGEND �`TTT'IJ ❑ ew.�zauTAL Tevn. GGmN WESIFNN RED STUCCo -- V4 a.0 D.- 0 71 ram• Q o SHINGLES oFF�Wo AT GPkoEry$Tw.E �'� .r.0.Tro3uT4 —_?.......... 2° TOWN HOUSE-BUILDING 6 ELEV�TIONS ei.ao� ula,a car�Q�•w�ai..w.wr.�^oNQselm Na il:..awv v.�aQ.r s.+.•.a bai cax ae,w•eXiA- MATERIAL LEGEND at.,0.H Rfo STUCCO CF�nR D.RK pUv 4� a��Q ❑ "� 4SP STUCCO SHINGLES OFF WNITf sT .Pp4xTlENSTnf S .1�sc[azvw I I weraw,l. .3�N¢ �' TOWN HOUSE-BUILDING 7 ELEvnn.rvs .�.f� >a.�,Ka.N��KN.�Nu,�a�,.���..,,�P.�.�,�,.,�P...mwM.��,M,..�P.....�D�,>�a>n•,.�,�.�.�a...�«n Page 57 Page 154 Item#8. �- CLUBHOUSE - ELEVATIONS. N• Q VERTICAL HARDIE PLANK SLING-W006 Q VERTICAL HARDIE PLANK 1 © SLING-BEIGE F� Q STONE VENEER BACK ELEVATION 0 PAINTED METAL TRIM © HORIZONTAL SLAT SHADE Q CEDAR POSTS&BEAMS 0 STANDING SEAM ROOFING SIDE ELEVATION SIDE ELEVATION ve-=r.o. Ve•=r-o.. _ 1 p © O 0 © Q © 0 �7 �KlFrvtBEA zor AM CLUBHOUSE. FRONT ENTRY i io9 ZLDJ EM{P2.21 A802 Page 58 Page 155 1 - �• - ilr t 6 Item#8. VIII. CITY/AGENCY COMMENTS& CONDITIONS A. PLANNING DIVISION 1. Development Agreement Modification: 1.1 The existing Development Agreement(DA) shall be terminated and a new amended and re- stated DA is required as a provision of the proposed modification which shall at a minimum, incorporate the following provisions: a. Development of the subject property shall be generally consistent with the site plan, qualified open space exhibit,site amenity exhibit,pedestrian circulation plan, preliminary plat,phasing plan, landscape plan and conceptual building elevations submitted with the applications contained herein. b. All future development, site design and building design shall comply with the guidelines in the Ten Mile Interchange Specific Area Plan(TMISAP) and the standards in the Architectural Standards Manual(ASM), as applicable. The City Council approved alternatives to the design guidelines in the TMISAP consisting of lower roof pitches of 2:12 for the community clubhouse amenity buildings and 3:12 for the townhome garages to allow larger windows with lower sills at the second level: and front patios with railings that frame off the entrances that are covered by the above balconies instead of front stoops due to concerns pertaining to compliance with ADA requirements. c. An encroachment permit is required for any improvements proposed within the Williams pipeline easement. A copy of the executed encroachment agreement shall be submitted to the City prior to issuance of any Certificate of Zoning Compliance for this site. Uses such as daycares, schools,hospitals,assisted living facilities,etc. where occupants are not able to leave the area quickly in case of an emergency, are discouraged in the vicinity of the pipeline. All development within the Williams pipeline easement shall comply with the Williams Developers' Handbook. d. The street sections for Sunset Point Way and Coral Reef Way shall be constructed in accord with Street Section D (residential collector street) in the TMISAP,which requires 11-foot travel lanes,6-foot bike lanes, 8-foot parallel parking, 8-foot parkways and minimum 6-foot wide detached sidewalks(see pg. 3-21 and 3-23). e. The street sections for Vanguard Way and Umbria Hills shall be constructed in accord with Street Section C(major collector street) in the TMISAP with a modification that allows(3) 11-foot travel lanes,on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot parkways and detached 10-foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale(see pg. 3-20, 3-22, 3-23). f. Sidewalks,walkways and pathways shall include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color,markings, materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP (see pg. 3-28, Crosswalks). g. Development in the R-15 district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for Medium High Density Residential(MHDR) designated areas. h. Development in the C-C district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for Mixed Use Commercial(MU-COM)designated areas. Page 60 Page 157 Item#8. i. Development in the M-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan(TMISAP) for Mixed Employment(ME)designated areas. j. Development in the H-E district shall be consistent with the development guidelines contained in the Ten Mile Interchange Specific Area Plan (TMISAP) for High-Density Employment(HDE)designated areas. k. Public art in a high quality of design shall be provided in shared spaces and incorporated into the design of streetscapes as set forth in the TMISAP (see pg. 3-47). 1. Design elements shall be provided within the overall development as required in the Application of the Design Elements matrix on pg. 3-49 of the TMISAP. in. The subject property shall be subdivided prior to submittal of any Certificate of Zoning Compliance application(s)and/or building permit applicationo. The Applicant may submit a design review application(s) to finalize building design prior to recordation of the final plat(s). n. The applicant shall submit a Certificate of Zoning Compliance and Design Review application to the Planning Division for approval of all future uses on the site to ensure compliance with the Unified Development Code,Ten Mile Interchange Specific Area Plan, Comprehensive Plan, Architectural Standards Manual,and provisions of the development agreement contained herein,prior to issuance of building permits for any structure(s)within this site. 2. Preliminary Plat: 2.1 Future development of the proposed lots is required to comply with the dimensional standards of the R-15 zoning district in UDC Table 11-2A-7 and the C-C, M-E and H-E zoning districts in UDC Table 11-2B-3,as applicable. A minimum building setback of 10-feet is required in the multi-family portion of the development unless a greater setback is otherwise required, per UDC 11-4-3-27B.1. The 20-foot wide collector street buffer may be placed in an easement rather than a common lot in accord with UDC 11-3B7C.2a. Separation between buildings shall comply with Building code. 2.2 The final plat shall include the following revisions: a. Depict the easements for the Marvin Lateral and/or the Purdam Drain on the plat if they encroach on this site. b. Include a note prohibiting direct access via the collector streets other than the access points approved by the City and ACHD with this application. c. Depict street sections for Sunset Point Way and Coral Reef Way consistent with Street Section D in the TMISAP (see pg. 3-21). d. Depict street sections for Vanguard Way and Umbria Hills consistent with Street Section C in the TMISAP with a modification that allows(3) 11-foot travel lanes, on-street parking between the Williams pipeline and the eastern boundary of the site, 8-foot parkways and detached 10-foot wide sidewalks/pathways in lieu of on-street bike lanes as required by ACHD. Streetlights are required at a pedestrian scale(see pg. 3-20, 3-22, 3- 23). e. Depict required street landscape buffers in common lots or on permanent dedicated buffer easements,maintained by the property owner, homeowner's association or business owners' association,as applicable, as set forth in UDC 11-3B-7C.2.A reduction of the Page 61 Page 158 Item#8. collector street setback may be granted for homes that front on a collector street when certain conditions exist as noted in UDC Table 11-2A-7, note 91. 2.3 The landscape plan submitted with the final plat shall be revised as follows: a. Depict one(1)additional tree within the street buffer along Umbria Hills (east)per the minimum standard listed in UDC 11-3B-7C.3b. b. Widen the street buffer along Umbria Hills to 20-feet as required for a collector street in UDC Table 11-2B-3. c. Depict landscaping within required street buffers in accord with the recently amended standards listed in UDC 11-3B-7C. d. Landscaping is required within parkways per the standards listed in UDC 11-3A-17 and 11-3B-7C.Class II trees shall be provided in parkways in accord with UDC 11-3A-17E; Class III trees may be considered if the parkways are widened to 10 feet. e. Sidewalks,walkways and pathways should include dedicated crosswalks at the intersection with all streets within commercial activity centers with changes in color, markings, materials,texture and/or surface to distinguish them from the surrounding pavement as set forth in the TMISAP (see pg. 3-28, Crosswalks). f. Depict minimum 6-foot wide detached sidewalks along all streets in accord with the street sections(i.e. C and D) in the TMISAP. g. Depict a berm in the street buffer along I-84 in accord with the TMISAP for street buffers along transportation corridors(3.07.01 Q. h. Mitigation trees shall be depicted on the plan(185 trees at 2.5 caliper inches each for a total of 462.5 caliper inches). i. If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement for pathways and open space. 2.4 All streets shall be constructed as complete streets as defined in the TMISAP (see pg. 3-19 & 3-20). 2.5 All waterways on this site shall be piped as set forth in UDC 11-3A-6B unless otherwise waived by City Council. 2.6 A 14-foot wide public use easement for the multi-use pathways within this site shall be submitted to the Planning Division prior to submittal for City Engineer signature on the final plat(s). 2.7 A private street application shall be submitted with the final plat application for the multi- family development as required by the Fire Dept. All private streets shall comply with the standards listed in UDC 11-3F-4. 3. Conditional Use Permit: 3.1 Comply with the specific use standards listed in UDC 11-4-3-27 for multi-family developments, including but not limited to the following: (revise the site plan and/or landscape plan accordingly) a. All on-site service areas,outdoor storage areas,waste storage,disposal facilities,and transformer and utility vaults shall be located in an area not visible from a public street, Page 62 Page 159 Item#8. or shall be fully screened from view from a public street as set forth in UDC.11-4-3- 27B.2. b. A minimum of eighty(80) square feet of private,usable open space shall be provided for each unit as set forth in UDC 11-4-3-27B.3. This requirement can be satisfied through porches,patios,decks, and/or enclosed yards. Floor plans shall be submitted for all units that demonstrate compliance with this standard. c. Depict the location of the property management office,maintenance storage area, and central mailbox location(including provisions for parcel mail)on the site plan that provides safe pedestrian and/or vehicular access and the location of the directory& map of the development at an entrance or convenient location for those entering the development as set forth in UDC 11-4-3-27B.7. d. Depict a berm or a constructed barrier at least 4 feet in height with breaks in the berm or barrier to allow for pedestrian access within the street buffer along the north side of Vanguard Way in accord with UDC 11-4-3-27C. e. All street facing elevations shall have landscaping along their foundation that meets the minimum standards listed in UDC 11-4-3-27E.2. f. All multi-family developments shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including,but not limited to,structures,parking, common areas,and other development features as set forth in UDC 11-4-3-27F. A recorded copy of said documents shall be submitted prior to issuance of the first Certificate of Occupancy for the development.\ 3.2 Include a detail for the bicycle parking facilities that complies with the standards in UDC 11- 3C-5C. Bicycle racks should be depicted in central locations for each building and for the clubhouse. 3.3 Depict landscaping along all pathways per the standards listed in UDC I1-3B-12C,which requires a minimum 5-foot wide landscape strip along each side of the pathway planted with a mix of trees, shrubs, lawn, and/or other vegetative ground cover; a minimum of one (1)tree per 100 linear feet of pathway is required. 3.4 Parking lot landscaping is required to be provided per the standards listed in UDC 11-313-8C. 3.5 A minimum of one(1)tree shall be provided for every 8,000 square feet of common open space. 3.6 The space between building facades and adjacent sidewalks should be landscaped with a combination of lawns,groundcover, shrubs and trees as set forth in the TMISAP. 3.7 " lands^.ped-bid€€ef s13ee1 1- - 11ff_-e_Yided74etwee*4he proposed ae.,elep efit ^ he existing si*gle-family development the-*er-t13 asset-€ei4h4fi-the-T-UISAAI' 3.8 Include a 10-foot wide pathway connection between the pathway along the Purdam Drain and the pathway within the pipeline easement. 3.9 If trees are not allowed within the pipeline easement, an additional 5-feet should be added to the common area outside of the easement to allow for trees; or, alternative compliance may be requested to the planting requirement for pathways and open space. 3.10 All structures shall comply with the design standards in the Architectural Standards Manual (ASM) and the design guidelines in the TMISAP for the MHDR designation with the deviations noted in the Development Agreement(see the matrix for Application of the Design Elements on pg. 3-49). Page 63 Page 160 Item#8. 3.11 A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the site and building design prior to submittal of building permit applications. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 47-4--Meant-shall-fie-required te-re-reut-the-egg ter-as-sewer- ains4ntwthe-pfopesed readv�,ay-er�tetisiens-e€-E--9alEerest Br-ate-N )i-xie-Ave- 1.2. 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. 1.3. All mains outside of right-of-way require a 20-foot-wide easement at minimum. For sewer mains of depths 15 feet—30 feet require a 30-foot-wide easement. 1.4. No permanent structures shall be within the footprint of a City utility easement including but not limited to buildings,carports, fences,infiltration trenches,trees,shrubs, light poles, etc. Based off the currently landscape plan, some trees will be in conflict with easements. 1.5. The angle of sewer main into and out of manholes must be a 90-degree minimum. Where the proposed sewer main connects to the existing 36-inch sewer main,this requirement is not met. 1.6. All water main north of Vanguard way should be 8-inch diameter. 1.7. A water main extension is required to the northwest corner of the development for future connection to the west. I.S. Water main in West Navigator should be 12-inch diameter from the east boundary to the west boundary. 1.9. A 12-inch diameter water main shall be extended to the west property boundary on the south side for future connection. 1.10. It is unclear by the provided plans how buildings will be served and how fire protection will be provided. An additional water loop around the buildings might be required to provide fire flow. A complete water plan will be required to be submitted and reviewed by Public Works Engineering before any final plat is approved. 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 Page 64 Page 161 Item#8. 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. 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 for the chase which is beini4 developed. 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. Page 65 Page 162 Item#8. 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 http://www.meridiancity,.orzlpublic works.aspx?id=272. 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 on the phase which is being developed. 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.or,f_Y/WebLink/DocView.aspx?id=252151&dbid=0&repo=Meridian C ity B. MERIDIAN POLICE DEPARTMENT https://weblink.meridiancity.or,Q/WebLink/DocView.aspx?id=251147&dbid=0&repo=Meridian C ity - The Police Dept. requests further discussions with the Developer on plans for emergency police access into each building entry point using a multi-technology keypad. Page 66 Page 163 Item#8. C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridiancity.orQ/WebLinkIDocView.aspx?id=249959&dbid=0&repo=MeridianC ity D. NAMPA&MERIDIAN IRRIGATION DISTRICT(NMID) https:Ilweblink.meridiancity.orQ/WebLink/Doc View.asyx?id=250049&dbid=0&repo=Meridian C ity E. WEST ADA SCHOOL DISTRICT(WASD) https:Ilweblink.meridiancity.orQ/WebLink/DocView.aspx?id=252295&dbid=0&repo=Meridian C ity https://weblink.meridiancity.orQ/WebLinkIDocView.aspx?id=252296&dbid=0&repo=MeridianC ity F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) https:llweblink.meridiancity.orQ/WebLinkIDocView.aspx?id=252341&dbid=0&repo=MeridianC ity G. PARK'S DEPARTMENT, REVISED https:Ilweblink.meridiancity.orzlWebLink/Doc View.aspx?id=256235&dbid=0&repo=Meridian C ity H. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:Ilweblink.meridiancity.orQ/WebLink/DocView.aspx?id=256216&dbid=0&repo=Meridian C ity I. COMMUNITY DEVELOPMENT DEPARTMENT—SCHOOL IMPACT TABLE htt,os:Ilweblink.meridiancity.orQ/WebLink/DocView.aspx?id=258731&dbid=0&repo=Meridian C Iu IX. FINDINGS A. Annexation and/or Rezone(UDC 11-511-3E) 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 and subsequent development is generally consistent with the Comprehensive Plan. 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 a mix of residential, commercial/retail, light industrial and employment uses which will provide for the retail and service needs of the community consistent with the purpose statement of the commercial districts in accord with the Comprehensive Plan. Page 67 Page 164 Item#8. 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. This finding is not applicable as the request is for a rezone, not annexation. B. Preliminary Plat Findings(11-6B-6) 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 inds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and transportation. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; 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.) 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, the 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 68 Page 165 Item#8. C. Conditional Use Permit Findings (UDC 11-513-6E) The Commission shall base its determination on the Conditional Use Permit requests upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that the subject property is large enough to accommodate the proposed use and dimensional and development regulations of the R-15 district (see Analysis, Section V for more information). 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed use as a multi family development is generally consistent with the future land use map designations for this property and is allowed as a conditional use in UDC Table I1-2A-2 in the R-15 zoning district. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds the proposed design of the development, construction, operation and maintenance should be compatible with the mix of other uses planned for this area and with the intended character of the area and that such uses will not adversely change the character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed,will not adversely affect other property in the vicinity. The City Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal,water,and sewer. The City Council finds that essential public services are available to this property and that the use will be adequately served by these facilities. Page 69 Page 166