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Bainbridge Subdivision AZ 05-001ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 60 BOISE IDAHO 05128109 02:00 PM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIII II I III RECORDED -REQUEST OF Meridian City 109061598 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Brighton Investments, LLC, Owner THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and, Brighton Investments, LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713, hereinafter called OWNER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner 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 Ordinance 11-0-3, which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner has submitted an application for re -zoning of the Property described in Exhibit A, and has requested a designation of R-8 (Medium Density Residential District) and L -O (Limited Office District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 19'' day of April 2005, approved the City of Meridian Planning Department Staff Report, and the City Counsel, the 4h day of December 2007, approved an extension in that certain Staff Report, both reports set forth in Exhibit B (collectively Staff Report), which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Staff Report requires the Owner to enter into a development agreement in conjunction with the City's final action on annexation and zoning designation (As of the date of this Agreement, the City Council has approved the annexation and zoning of the Property pursuant to Ordinance 05-1147, recorded Instrument No. 105058641); and 1.9 OWNER acknowledges it is a requirement by the City to enter into this Agreement; and 1.10 WHEREAS, City requires the Owner 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 development 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 re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-3 82, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Brighton Investments, LLC, an Idaho limited liability company, whose address is 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of real property located in the County of Ada, City of Meridian as described in Exhibit A, re -zoned R-8, (Medium Density Residential District) and L-0 (Limited Office District), attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERNUTTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2 A and § 11-2B. 4.2 No change in the uses specified in this Agreement shall be allowed without modification ofthis Agreement, unless such use is permitted by a codified modification of the Meridian Unified Development Code § 11-2 A and § 11-2B. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner shall develop the Property in accordance with the following special conditions: 1. That the Owner agrees to provide the City with a legal description for the Johnson 2.5 acre outparcel (Parcel No. SO427142323) attached as Exhibit C. (As of the date of this Agreement, Owner has provided this legal description.) 2. That the Owner acknowledges by signing this Agreement that the property encompassed in this agreement is not currently severable by the City of Meridian. The City does not make any specific guarantees or promises to the Owner as to when this property may be able to be included in the City sewer system. The Owner assumes the risk in regards to this property and waives any claim against the City that may exist due to the lack of available sewer service. (Notwithstanding the above, as of the date of this Agreement, the Black Cat Trunk services this area.) 3. That the City is not requiring any park property be dedicated. However, if the Owner chooses to dedicate a park to the City, details such as boundary requirements and clear title will need to be worked out with the City Parks Department and Legal Department. (Notwithstanding the above, as of the date of this Agreement, the Owner has dedicated a 7.49 acre park to the City.) 4. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or specific systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. That all future development of the Property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. That all future uses on Lots 2 and 3, Block 15, shall be required to obtain conditional use permit approval from the City. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon an uncured material default of the Owner or Owner's/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this Agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner's default of this Agreement, Owner shall have thirty (3 0) 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 that is not cured after notice as described in Section 7.2, Owner shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner 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 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. DEFAULT: 9.1 In the event Owner, or Owner'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. 9.2 A waiver by City of any default by Owner of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's cost, and submit proof of such recording to Owner. 11. ZONING: City has enacted a valid and binding ordinance zoning the Properly as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 Subject to Sections b and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non -breaching parry's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner or City is delayed for causes which 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. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law ofthe Staff Report, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 3 3 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 16.1 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. 17. ATTORNEYS 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. 18. 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. 19. 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 of the Property, 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, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner has fully performed its obligations under this Agreement. 24. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent j urisdiction, 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. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner 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 and City, other than as 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 ofthe 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 signed by both the Owner and the City (by execution of the Mayor and City Clerk). ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: BRIGHTON INVESTMENTS, LLC, an Idaho limited liability company By: David V Turnbull, Mana&g Member CITY: CITY OF MERIDIAN By: e Mayor T de Weerd \``\\`Iillf li 111!lfffff,' ATTEST: �,` of Mks aycee olman, City Clerk = SEAL 00',,, STATE OF IDAHO, ) ): ss County of Ada, ) On this day of MU 2009, before me, the undersigned, a Notary Public in and for said State, p •sonally appeared David W. Turnbull, known or identified to me to be the Managing Member of Brighton Investments, LLC, an Idaho limited liability company, and acknowledged to me that -he .executed the same on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) : •• �0T AR r �% G ,,�'•, �T ��'�a.N'�� pfd, '• q rF OF � ��. STATE OF IDAHO } ss County of Ada ) a '�. s Notary Public for Idaho Residing at: Ak % D_ My Commission Expires: (. 4, On this 12+k day of M AY( 2009, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL; ja h ULOJ Notary Public jor Idaho Residing at: 1_ tl 1 Y` U . In Commission expires: 10-11-1 1 .engineering North V Desi, LLC 423 N. Ancestor Place, Suite 180 Boise, Idaho 83704 (208) 376-5000 • Fax (208) 376-5556 Project No. 02-043-01 Date: April 5, 2005 BAINBRMGE SUBDIVISION TOTAL ANNEXATION DESCRIPTION (INCLUDING LANDSCAPE AREA) A parcel of land located in the E 1/2 of the NW 1/4, and the NE 1/4 of Section 27, T. 4 N., R. 1 W., B.M., Ada County, Idaho and being more particularly described as follows: Commencing at the section corner common to Sections 22, 23, 26 and 27 of said T. 4 N., R. 1 W.; Thence South 00020'42" West, 1399.56 feet on the section line common to said Sections 26 and 27 to the REAL POINT OF BEG]NNING; Thence continuing South 00°20'42" West, 728.01 feet on the section line common to said Sections 26 and 27; Thence leaving said section line, North 86°21'29" West, 465.83 feet; Thence South 07°13'40" West, 104.07 feet; Thence South 61°03'36" East, 338.99 feet; Thence South 51058147" East, 195.68 feet; Thence South 89°39' 18" East, 25.00 feet to a point on the section line common to said Sections 26 and 27; Thence South 00°20'42" West, 147.72 feet on the section line common to said Sections 26 and 27 to the 1/4 Section corner common to said Sections 26 and 27; Thence leaving said section line, North 89°21'06" West, 2651.02 feet on the east -west mid-section line of said Section 27 to the Centex 1/4 Section corner of said Section 27; Thence North 89°20' 14" West, 1324.91 feet on the east -west mid-section line of said Section 27 to the center -west 1/16 th section corner of said Section 27; Thence leaving said mid-section line, North 00°27' 19" East, 1318.77 feet on the westerly boundary line of the SE 1/4 of the NW 1/4 of said Section 27 to the Northwest coiner said SE 1/4 of the NW 1/4; Thence South 89018'50" East, 330.98 feet on the northerly boundary line of said SE 1/4 of the NW 1/4; Bainbridge Total A neaadon Iksc.doe Page 1 of 9 Thence leaving said northerly boundary line, North 00°26'53" . East, 1318.56 feet to a point on the section line common to said Sections 22 and 27; 1 1 ' Thence South 89° 17' 17" East, 992.76 feet on the section line common to said Sections 22 and 27 to the 114 section corner common to said Sections 22 and 27; Thence South 89017'35'° East, 155.71 feet on the section line common to said Sections 22 and 27; Thence leaving said section line, South 00°42'25" West, 95.00 feet; Thence South 63048'25" West, 94.48 feet to a point of curve; Thence 47.52 feet on the arc of a curve to the right, said curve having a radius of 122.00 feet, a central angle of 22°19'09" and a chord distance of 47.22 feet which bears South 11052'06" West; Thence South 23001'40" West, 7.13 feet to a point of curve; Thence 21.79 feet on the arc of a curve to the left, said curve having a radius of 58.00 feet, a central angle of 21031'35" and a chord distance of 21.66 feet which bears South 12015'53" West to a point of reverse curve; Thence 326.14 feet on the arc of a curve to the right, said curve having a radius of 1948.73 feet, a central angle of 09°35'21" and a chord distance of 325.76 feet which beans South 06017146" West to a point of reverse curve; Thence 571.32 feet on the arc of a curve to the left, said curve having a radius of 626.53 feet, a central angle of 52°14'50" and a chord distance of 551.73 feet which bears South 15*01' 58" East to a point of compound curve; Thence 170.52 feet on the arc of a curve to the left, said curve having a radius of 256.00 feet, a central angle of 38°09'49" and a chord distance of 167.38 feet which bears South 60°14' 1T' East; Thence South 79°19' 12" East, 60.84 feet to a point of curve; Thence 162.40 feet on the arc of a curve to the left, said curve having a radius of 360.00 feet, a central angle of 25°50'48" and a chord distance of 161.03 feet which bears North 87°45'24" East; Thence North 74050'00" East, 112.27 feet to a point of curve; Thence 203.18 feet on the arc of a curve to the right, said curve having a radius of 1120.00 feet, a central angle of 10°2339" and a chord distance of 202.90 feet which bears North 80°01'49" East; Bainbridge Total Annezadon hese doc Page 2 of 3 Thence North 00°38'54" East, 54.10 feet; Thence South 89°21'06" East, 90.00 feet; Thence South 00038'54" West, 47.92 feet to a point of curve; Thence 864.31 feet on the arc of a curve to the right, said curve having a radius of 1431.37 feet, a central angle of 34035'49" and a chord distance of 851.24 feet which bears South 74°38'42" East to a point of reverse curve; Thence 724.66 feet on the arc of a curve to the left, said curve having a radius of 1330.00 feet, a central angle of 31°13'04" and a chord distance of 715.72 feet which bears South 725720" East to a point of compound curve; Thence 12.77 feet on the arc of a curve to the left, said curve having a radius of 48.00 feet, a central angle of 15°14'31" and a chord distance of 12.73 feet which bears North 83048'52" East; Thence North 76°11'37" Fast, 28.27 feet to a point of curve; Thence 27.66 feet on the arc of a curve to the right, said curve having a radius of 112.00 feet, a central angle of 14°09'05" and a chord distance of 27.59 feet which bears North 83°16'09" East; Thence North 41059'22" East, 107.19 feet; Thence South 89°39' 18" East, 70.00 feet to the real point of beginning. Said parcel contains 154.85 acres more or less. PREPARED BY: Engineering NorthWest, LLC James R. Washburn, PLS Bainbridge Total Annexation Descdoc Page 3 of 3 i Exhibit B I� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF ]LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 152.68 Acres from RUT (Ada County) to R-8 (Medinm Density Residentiel)(146.83 Acres) and L=O QAndted Offilcex545 Acres) AND Preliminary Plat Approval of Three-Htmdred fthty-Nine (389) Single - Family Building Lots, Twenty -Two (22) Other/Common Lots, One (1) Church Lot, and One (1) Lot to be Developed/Re-Sabdlvided in the Future AND Conditional Use Permit Approval for a Planned Development Consisting of Single -Family Homes, a Future Neighborhood Park, and a Church, . with Reduced Minimum, Lot Frontages, Reduced Minimum Lot Sizes, and increased Maximum Block Length, by Brighton Properties, LLC. Case No(s): AZ -05-001, PP -05-002, CUP -05-002 For the City Council Hearing Date of: April 5, 2005 A. Findings of Fad 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the fust publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (3001) of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code §67- 6509. The matter was duly considered by the City Council at the April 5, 2005, public heanng(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code §67-6509,6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as CITY OF MERIDIAN FMrNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AM -0011 PP -05-002 1 CUP -05402- PAGE 1 of 5 ji ;1 evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staftreport. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) ofreoord at the time of issuance of these findings are Brad and LouAnn Jamcek, Brighton Corporation, Boise Research Center, Inc., Brighton Properties, LLC, and Brighton Investrnents, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. B. Conclusions of Law L 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 Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City ofMeridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor arra City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated February 16, 2005 as shown in Exhibit B, the Site Plan dated February 16, 2005 as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(s). AMS -001 / PP -05-002 / CUP -05-002- PAGE 2 of 5 C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: L The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated February 16, 2005 is hereby conditionally approved; 2. The applic aWs Site Plan as evidenced by having submitted the Site Plan dated February 16, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1- Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the firture phases shall be null and void. (MCC 11-174.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-43 & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-001 / PP -05-M / CUP -05-002- PAGE 3 of 5 L The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filled with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be Sled. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A. Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H. Preliminary Plat Findings Exhibit I: CUP/PD Findings By 'on of the City Council at its regular meeting held on the `!' day of Ab"7 92005. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE MAYOR TAMMY de WEERD VOTED i#�!'— vOTEDezk-, VOTED VOTED,#� VOTED CITY OF MERIDIAN M NDINOS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-001 / PP -05-002 / CUP -05.002- PAGE 4 of 5 II I 0 i' CITE BREAKER) I Attest G. Berg, Jr., Cif Clof V:. �Aft - 4 . Copy served upon Applicant, The Plaming&XWJRarlment, Public Works Department and City Attomey. B �{ � Dated: -21 $ -Q5 City clerk's Of CITY OF MERIDIAN FINDINGS OF FACE, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -05-001 / PP -05-002 / CUP -05-002- PAGE 5 of 5 I Bainbridge Subdivision AZ -OS -001 Legal Descriptlon (3 pages) tNo b #.Ol Dom Avg S, X)W BADWRMMSUBDIVMM TOTALANNEXATIONnECHWOM A PMW Ofind bmWin ata n it=oHbo NW U4. =ddtaM U4o!°Bos = A T. 41V. R.1 W -3M.. 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North 41*39*l2" 13ee. 107,,19 floc Then48aah 89'39'18" Ba,.7oo0feet to tin eaatpftotbegmfts. Said pmoel ooaW=1S4.8'laememwwf m. >p WAR83118'Ya XqA"wksA w&wel4LLe James B. WMWMM , pis DOOMPTeld aaoaa nq.aa3 Bainbridge Subdivhlon PP -05-002 Approved Preliminary Plat (2 pages) 1/ i �I IT C Bainbridge SubdMdan CUP -45-002 Approved Site Plan Bainbridge Sabdivislon AZ -05-001 Annexation and Zoning Comments ANEXATTON & 7.0N WG CO11+3IMS 1. The annexation legal description submitted with the application (stamped by James R. Washburn, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property.Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owners) (at the time of annexation ordinance adoption), and the developer. The anuli= shall MW the City Attorney B� Nary. at 888-4433 to initiate this ptrocxs�s The DA shall following: incorporate the • That the applicant agrees to provide lire City with a legal description for the Johnson 2.5 -acre outparcel (Parcel No. SO427142323) prior to annexation. • That the developer acknowledges by signing this Agreement that the Property encompassed in this agreement is not currently sewerable by the City of Meridian. The City does not nuke any specific guarantees or promises to the developer as to when this p mperty may be able to be included in the City sewer system. The developer assumes the risk in regards to this property and waives any ddm against the City, that may exist due to the lack of available sewer service. • That the City is not requiring ani► park property be dedicated. However, iy the applicant chooses to dedicate a park to the city, details such as boundary requirements and clear title will need to be worked out with the City Parks Department and legal Department. • That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • That all future development of the subject ,property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That all future uses on 0192 and 3, Block 15, shall be required to, conditional use permit a val from the City. 'E obtain,' Hainbridge Subdivision PP -05-002 Preliminary Plat Site Specille and Standard Conditions SITE SPECIFIC COMMORNMS—PRELIMi_ PLAT 1 • T Prd�ary P� Preps by Engineering NorthWes4 LLC, dated Nov 04, revised on 2-16-05, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ -05-001) and Conditional Use Permit (CUP -05-002) apPlication shall also be considered conditions of the Preliminary Plat (PP -05-002). 2. Unless City staff and ACHD staff determine that a stub street is not necessary, provide a stub street to the 45 -acre (potential school site) parcel to the west. Provide a vehicular stub street to the north through Block 15, unless that property becomes a school site. Provide public stub streets to the west (Fairborn Drive), south (Levanhem Avenue, Dartmouth Avenue, Portsmouth Avenue, and Shropshire Place), and to the 2.5 -acre outparcel (Shropshire Avenue), as proposed. 3. Place a note on the face of the final plat stating that all future front garage setbacks shall be 20 -feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 4. Prior to the City Engineer's signature of a final plat containing Lot 17, Block 2, and/or Lots 2-4, Block 25, the applicant shall provide evidence that the access easement across said lots has been relinquished OR the lots should be designated temporary non -build lots in a final plat note. 5. The submitted 2 -page landscape plan prepared by The Land Group, Inc., dated 3- 25-05 is approved as submitted. The hallowing should' be included in the landscape plan: • Provide a 35 -foot wide landscape buffer adjacent to Chinden Boulevard and Ten Mile Road. In accordance with. MCC 12-13-10, the 35 -foot wide landscape buffers shall be located entirely outside of the ultimate right-of- way for the adjacent street and shall not include the width of the sidewalk, If the required sidewalk is placed outside of the right-of-way and within the landscape buffer, the buffer width shall be increased to 40 -feet. • Depict and construct a 10 -foot wide gravel shoulder on Ten Mile Road abutting the site, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. • The landscaping proposed on the north and east sides of Broadbent Way do not lie within the boundaries of the preliminary plat. The landscaping for the north side of Broadbent Way shall be included in the application. II • AU mieropaths within the proposed subdivision' sW be desigtied in accordance with MCC 12-13-15 "Micropath landscaping!" and MCC 12- 4-3 "Pedestrian Walkways." Micropath fencing shall'be c6ustructed per MCC 12.13-15-9. • All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13- 14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping tress will not be considered as replacement trees for those trees that are removed. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 6. Construct a micro -path centrally located through Block 11, connecting Vanderbilt Drive to Lancaster Drive. 7. Place a note on the face of the final plat requiring any future use(s) on Lot 3, Block 15, to obtain separate conditional use permit approval. S. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 1244-13. Plans will need.to be approved by the appropriate im9ation/drainage district, or lateral. users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer, prior to final plat signature. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners, association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approvaL The applicant shall be required to utilize 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City. Engineer. 10. Provide permanent fen g around the perimeter of the development:; detailed fencing plan be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3 -feet maximum within 20 feet of all right- of-way. ightof-way. All fencing shall be installed in accordance with MCC 12-4-10. 11. Maintenance of all common areas shall be the responsibility of the Bainbridge Homeowners' Association 12. Permanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat Lift Station At this point in time, the Meridian City Council has approved funding for the design; however no funding has been approved for the construction. Subdivision designer to coordinate main sizing and routing with the Public Works Department to be in accordance with the approved master sewer plan Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. If this development is approved, it shall be subject to the North Black Cat sewer system being available. 13. Municipal water to this site shall be via extensions from existing mains in Ten Mile Road Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service 14. Other than the public street accesses approved by ACHD and ITD, direct lot access to Ten Mile Road and Chinden Boulevard is prohibited. A note shall be placed on the final plat restricting access to Ten Mile Road and Chinden Boulevard. GENERAL RE0UIREMENTS—PRRLIlViI1V'ARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. I 4. A detailed landscW ply in compliance with the landscape and subdivision ordinance and as noted in this report, shall, be submitted for the' subdivision with the final plat application, 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. ti. Two-hundred-fifiy and one -hundred -watt; high-pressure sodium streetlights wf l be required at locations designated by the Public Works Department. All streetlights shall be installed at subdividees expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 8. Submit any up -dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any Ss areas (detention/retention basins) must be designed to ensure that water Will percolate or dis� with a period of time not to exceed 24 -hours for all storms up to and including a I00 -year storm events. Side slopes within drainage Mw shall not exceed 3:1. Any portion of a ckainage area not improved with sod/grass seed (or other approved landscaping) shalt not count towards the required open space area, The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline minimum are set a minimuof 3 -feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above groundwater. 9• The applicant shall coordinate mailbox locations with the Meridian Post Office. 10. Any existing domestic wells and/or septic systerms within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9.48. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. `i 12. Applicant's engineer will be required to submit a sigded,' 'stamped statement catify ng that all street finish centerline elevations are set 'tninirnum of three feet above the highest established normal groundwater elevattidn 13. The applicant shall be required to pay public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02374. 14. Staffls failure to cite specific ordinance provisions or tarms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 15. Preliminary, plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENOMXCARTMLNT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT I. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart, International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. I Locations with fire hydrants shall have the curb painter red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. £ Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 4. The phasing plan may require that any roadway than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal mads shall have a turning radius of 28' inside and 48' outside radius. V `I 6. Operational fire hydrants,racy or permanent street signs and access roads'wit�� an all weather surface are i before combustible construction is brought `oil site. 1 ! 7. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Struts with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension 8. The proposed 389 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 1,128 residents at build out. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with C)pticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be bome by the developer 10. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perhneter of the building. 11. Where a portion of the facility or building hmvaftw constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code officiaL For buildings equipped thtvughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved 'automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MEDIAN PARKS DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a can -by -case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their subdivision that the City does not maintain. Please contact Doug Strong to discuss layout of the 7.5 -acre park and vehicular parking for this lot 1VIUMIAN POLICE DEPAR'T'MENT!' 1. The Meridian Polio Department has concerns re proposed for the park lots.g the lack of parking CENTRAL DISTIUM HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water Phu must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality, 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater, shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality, 5. The Engineers and architects involved with the design of the subject project shall Obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETMERS hMCATION DISTRICT' 1. All "Tigation/drainage facilities along with their easements must be protected and continue to function. The facility involved are the Simpson Lateral (30' easement), the Harrell Lateral (30' easement), and the McMullen Lateral (30' easement). 2> A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of S.I.D.ny I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lob within the above. mentioned subdivision. If the developer wishes to have Settlers Irrigation District Own, oPec'ate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-constructiol, me@ft ADA COIINn HIGHWAY DISTRICT Site Specific Conditions of Approval ; 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48 -feet of right-of-way along Ten Mile Road, and construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41 -feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41 -feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a collector roadway (Broadbent Drive) to intersect Ten Mile Road to directly align with the main entrance to Silverleaf Subdivision. 3. Construct Broadbent Drive (the collector roadway) as a•40 -foot street section with vertical curb, gutter and a 5 -foot concrete sidewalk (attached or detached) within the 60 -feet of proposed riSM-of way. Construct Broadbent Drive so that the right-of-way line is at the property line and is not separatdd by a landscape buffer or a common lot. 4. Construct the internal streets as 36 -foot street sections with rolled curb, gutter and a 4 -foot detached concrete sidewalk that is separated by a 5 -foot planter strip within 55 -feet of right-of-way and/or 33 -foot strect sections with rolled curb, gutter and a 4 -foot detached concrete sidewalk that is separated by a 5 -foot planter strip within 52-1eet of right-of-way, as proposed. Any street section less than 36 -feet (measured from back of curb to back of curb) requires written approval from the appropriate fire department. 5. Construct a stub street to the south property line located approximately 630 -feet east of the west property line to serve the 71.6 -acre parcel located directly to the south, as proposed. Install a sign at the terminus of the stub •street stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". • 6. Construct a stub street to the south property line looted approximately 1,450 -feet east of the west property line to serve the 80 -acre parcel located directly to the south, as proposed. install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7. Construct a stub street to the south property line located approximately 1,750 -feet west of Ten Mile Road to serve the 80 -acre parcel located directly to the south, as proposed. Install a sip at a terminus of the stub stmt stating that, "TRIS ROAD WILL BE IN THE FUTCIRW. 8. Construct a stub street to the south properly line located approximately 480 feet west of Ten Mile Road to serve the 80 -acre parcel located directly to the south, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub sheet stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE«. 9. Construct a stab street to the south property line located approximately 210 -feet west of Ten Mile Road to serve the 80 -acre parcel located directly to the south, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE «, 10. Construct a stub street to the west property line approximately 800 -feet south of Sate Highway 20-26 (Chinden Boulevard) to serve the 29.171 -acre parcel located directly to the south, as proposed. District staff is supportive of the applicaurs proposal. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the south property line of the 2.46 -acre out parcel that is located on Ten Mile Road, as proposed. Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a stub street to the north property line of the 2.46 -acre out parcel that is located on Ten Mile Road, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE«, 13. Construct a "quasi" stub street that runs along the west property line of the 2.46 - acre out parcel that is located on Ten Mile Road, as proposed, 14. Construct a non-standard cul-de-sac turnaround at the terminus of North Shropshire Place that meets the criteria established by District policy. Submit a design of the turnaround for review and approval by District Development Division staff. 15. Provide a minimum street section of 21 -feet on either side of the island. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat The design sball be reviewed and approved by ACHYs Development staff. 16. Locate the island within Bmadbeat Drive at the intersection' of State Highway 20- 26 and Broadbent Drive a minimum of 200-fod south of State Highway,20-26 or otherwise approved by the District's Traffic Services Staff. 17. This segment of Bainbridge Subdivision's preliminary plat (bots 1, 2, 3, 4, and 5 of Block 5 and Lots 3, 4 and 5 of Block 4) should be approved contingent upon the right-of-way within the 80 -acre parcel to the south being reviewed, approved, dedicated to the public and constructed (or a financial surety in place for the construction of the roadways) prior to the signature of the final plat for Bainbridge Subdivision. 18- Comply with requirements of PTD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 19. Other than the access point that has sp x ific ally been approved with this application, direct lot access to Ten Mile Road is prohibited. A note of this access restriction shall be noted on the final plat. 20. Comply with all Standard Conditions of Approval, Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improveanent plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. i 9 7. Construction, use and prop development shall be in conformartce with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be rewired to call DIGLINE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in affect at the time the change in use is sought. IDAHO TumspoRTATiON DEPART&MT I. The New Approach to US 20/26 should be designed to county and state standards and be spaced out at one (hal fl mile spacing from Ten Mile Road if possible. The Developer will need to obtain au approved access permit from 1TD District III prior to construction. Contact Matt Ward at 334-8342 for more information on acquisition of an access permit 2. The main entrance to the subdivision on US 20/26 will need a turn bay added for safety of the turning traffic. 3- The applicant should preserve or dedicate additional right of way to accommodate futurc widening of US 20/26. 4. The Meridian. Comprehend not show sidewalks on US construct and maintain any Plan calls for sidewalks. The subdivision plan does 26. The City should require the developer to hways called for in the Comprehensive Plan. 5. The Meridian Comprehensive plan shows a collector system at the half mile. The subdivision does not reflect this in the design, Since no full frontage or backage road system has been included, the collector system is important to future mobility in this square mile section. The City should consider if collector roads are needed. 6. Design should consider access to and connectivity with the adjacent subdivisions. The adjacent parcels are currently zoned rural (county). Does the City anticipate future development as commercial or residential? The Meridian Comp plan, in this area, calls for commercial area centered at the % mile, with residential at the Mile roads. This design does reflect that plan. Will the adjacent Rambo subdivision redevelop? If so, how will this plan affect that area. In particular is concern for the parcel at the intersection of Ten Mile and Chinden, as related to access. 7. The site should also consider the potential for a school adjacent (west) to the site. Connectivity has been provided for pedestrians. Access for autos should be provided so resides would not need to exit to the arterial routes to access the school. S. The applicant should construct a noise abatement feature along any residential lots adjacent to the highway. The noise abatement shall be located on the applicant's property. The noise abatement feature should be 10' higher then the elevation at the US 20/26 centerline. This feature may be a berm, or a combination berm/ concrete block wall. Should the developer desire to substitute other noise abatement measure, such as improvements to the buildings, they should submit these to 1TD for consideration Noise abatement (berms, fences, CW.) will be the responsibility of the developer and will be constructed off of the State Right of Way. 9. The Applicant should provide for all improvements required at the new intersection, including signals, acceleration and deceleration lanes on US 20/26. 10. ITD would like to the opportunity to review the revised plat prior to final approval. F—MAJ:ir Bainbridge Subdivision CUP -05-002 CUPAPD Site Spedfle and Standard Conditions 1. The site plan prepared by Engineering NorthWest, LLC, dated February 2005, is approved, with the conditions listed herein Applicant shall meet all of the requirements of the AnnexationlZoning (AZ -OS -001) and Preliminary Plat (PP - 05 -002) as a condition of the Conditional Use Permit (CUP -05-002). 2. The project shall conform to the R-8 dimensional standards, except as follows: • Minimum frontage: 48 -feet (non cut -de -sac lots). 3. In addition to providing 10•/0 of the site as open space, work with Planning & Zoning staff on finalizing at least one other amenity (tot lot, tennis eourt, etc.). 4. All use(s) on Lots 2 and 3, Block 15, shall be required to obtain separate CUP approval. S. Temporary salarmformation trailers shall be subject to the following conditions: a. The proposed subdivision shall have no more than two temporary sales trailers on-site. b. The trailer shall be skirted with materials that are similar in color and material to the rest of the trailer. C. The applicant shall be responsible for providing adequate off street Petr d One wall sign is allowed for the temporary sales trailer. The sign shall be limited in size to 18% of the wall area. No other signs shall be permitted. e. A building permit for the temporary building must be obtained through Meridian's Building Department prior to placing the trailer on a lot. A site Plan must accompany the building permit and lie approved by Planning Department. f. Sanitary sewer service and domestic water service may be requested for the proposed use. Should a hook-up be requested, an assessment for sewer and water service will be determined during the building permit application prods. g. Applicant must provide the Public Works and Fire Departments with information on the method of fire protection to be used for the trailer. IL The trailer must conform with all setbacks as set forth in the Bainbridge Subdivision conditional use permit and preliminary plat. a 1 � L The maximum timeframe for the sales and inforniatioA"tea crIkall W 48 . months from the dare of the last final plat that completes the subject preliminary plat. If the applicant requires an extensiob 'OfIbis permitted period, the applicant 'shall submit a status of their plans to the P&Z Department. j. The applicant's request to site the same trailer under the above -stated conditions at other locations within future Bainbridge phases is approved without a CUP modification. A new Certificate of Zoning Compliance and building permit for all fugue trailer locations must be submitted to the City for each future 10cativn, but a CUP should not be required for each future trailer location. 6. Construction within Bainbridge Subdivision shall substantially comply with the five (5) elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 7. The Four (4) buildable lots adjacent to Ten Mile Road, north of the existing residence (Johnson) may contain structures with attic trusses and liveable space above the first floor, but shall not be a faR two stories tall. OTHER AMOR-EX-"-q= CQIVIlVI MLU CONDPI'ION3 MERIDIAN FERE DEPARTMNT I. One and two family dwellings will require a fire -flow of 11000 gallons per muuute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C 2. Acceptance of the Water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Waxer Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department R- Fire Hydrants shall have the 4 WI outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it G. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted rad 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f Fire hydrants shall not have any vertical obstructions to outlets within 10% & Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section $09.5. f 4. The phasing Ptah may req that any roadway greater than 150' in I � r ,e not provided with an outlet . is { required to have an approved tum around ' ,'J ,I 5. All entrance and internal rdads shall have a turning radius of 28' inside and 489I' outside radius. 6. Operational fire hydrants, temporary or piment surest signs and ac om roads with W ail weather surface are required before combustible construction is brought on site. 7. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less thaw a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. Thesemeasurements shall be based on the faceof curb dim sion. 8. The proposed 389 -lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 1,128 residents at build out. 9. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 10. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 11. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkle' system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MMM AN PAM DEPARTMENT 1. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may Choose to maintainnW ghborhood parks at an acreage ofs6v$n acres or larger. It will be the responsibility of private homeowner groups sir associations to develop and maintain the smaller mini parks and some Neighborhood Pakrka in their subdivision that the City does not maintain. Please contact Doug Strong to discuss layout of the 7.5-acre park and vehicular parking for this lot: MERIDIAN POLICE DEPARTMENT 1. The Meridian Police Department has concerns regarding the lack of parking proposed for the park lots. CEAITRAL DISTRICT HEALTH[ DEPARTMENT 1. This proposal can be approved for central sewage & central 'Water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swele prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the, subject project shall obtain current best management practices for stonnwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. SETTLERS 1RRIGAnON DISTRICT 1. All irrigationldMinage facilities along with their easements must be protected and continue to function. The facility involved are the Simpson Lateral (30' easement), the Harrell Lateral (30' easement), and the McMullen Lateral (30' easement). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre -construction meeting. ADA COUNTY EftGHwAY DISTRICT Site Specific Conditions of Approval The applicant shall do one of the following: a. Dedicate by donation a total of 48 -feet of right-of-way along Ten Mile Road, and construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41 -feet from the centerline of the right-of-way, b. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41 -feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-1oot wide concrete sidewalk along Ten Mile Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct a collector roadway (Broadbent Drive) to intersect Ten Mile Road to directly align with the main entrance to Silvedeaf Subdivision. I Construct Broadbent Drive (the collector roadway) as a 40 -foot street section with vertical curb, gutter and a 5 -foot concrete sidewalk (attached or detached) within the 60 -feet of proposed right-of-way. Construct Broadbent Drive so that the right-of-way line is at the property line and is not separated by a landscape buffer or a common lot. 4. Construct the internal streets as 36 -foot street sections with rolled curb, gutter and a 4 -foot detached concrete sidewalk that is separated by a 5 -foot planter strip within 55 -feet of right-of-way and/or 33 -foot street sections with rolled curb, gutter and a 4 -foot detached concrete sidewalk that is separated by a 5 -foot planter strip within 52 -feet of right-of-way, as proposed. Any street section less than 36 -feet (measured from back of curb to back of curb) requires written approval from the appropriate fire department. S. Construct a stub street to the south property line located approximately 634 -feet east of the west property line to serve the 71.6 -acre parcel located directly to the south, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to the south property line located approximately 1,450 -feet OW of the west property line to serve the 80 -acre parcel located directly to the south, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". I 7. Construct a stub street to the south property line located approximately 1,750-feet west of Ten Mile Road to serve the 80-acre parcel located directly to the south, as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". S. Construct a stub street to the south property line located approximately 480 -feet west of Ten Mile Road to serve the 80-acre parcel located directly to the south, as proposed. Construct a temporary trumround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "YETIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. Construct a stub street to the south property line located approximately 210-feet west of Ten Mile Road to serve the 80-acre parcel located directly to the south, as proposed Construct a temporary turnaround at the terminus of the roadway and Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 10. Construct a stub street to the west property line approximately 800-feet south of Sate Highway 20-26 (Chinden Boulevard) to serve the 28.171-acre parcel located directly to the south, as proposed District staff is supportive of the applicant's proposal. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 11. Construct a stub street to the south property litre of the 2.46-acre out parcel that is located on Ten Mile Road, as proposed Construct a temporary turnaround at the terminus of the roadway and install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 12. Construct a stub street to the north property line of the 2.46-acre out parcel that is located on Ten Mile Road, as proposed. Install a alga at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 13. Construct a "quasi" stub street that runs along the west property line of the 2.46- acre out parcel that is located on Ten Mile Road, as proposed. 14. Construct a non -standard curl-de-sac turnaround at the terminus of North Shropshire Place that meets the criteria established by District policy. Submit a design of the turnaround for review and approval by District Development Division staff. 15. Provide a minimum street section of 21-feet on either side of the island. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this, shall be requiredion the final plat, The design shall be reviewed and approved by ACHD's Development staff 16. Locate the island within Broadbent Drive at the intersection of State, Highway 20- 26 and Broadbent Drive a minimum of 200 -feet south of State Highway 20-26 or otherwise approved by the District's Traffic Services Staff. 17. This segment of Bainbridge Subdivision's preliminary plat (Lots 1, 2, 3, 4, and 5 of Block 5 and Lots 3, 4 and 5 of Block 4) should be approved contingent upon the right-of-way within the 80 -acre parcel to the south being reviewed, approved, dedicated to the public and constructed (or a financial surety in place for the construction of the roadways) prior to the signature of the final plat for Bainbridge Subdivision. 18. Comply with requirements of ITD for State Highway 2026 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements Prior to District approval of the final plat or issuance of a building permit (or other raq=M permits), whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-8340. 19. Other than the access point that has specifically been approved with this application, direct lot access to Ten Mile Road is prohibited. A note of this access restriction shall be noted on the final plat. 20. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged pub, Satter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for stgf approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with an applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance mo, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLME (1- 800-342-1585) at least two full business days prior to breaking ground within A CHDright-of-way.Theapplicantshallcontact ACHD Traffic Operations 387- 90 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change $vm the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the highway District of its intent to change the planned use of the subject property unless a waiver/vadance of said requirements or other legal relief is granted pursuant to the law in effea at the time the change in use is sought. IDAHO TRAMPORTAUON DTPAjamm 1. The New Approach to US 20/26 should be designed to county and state standards and be spaced out at one (half) mile spacing from Ten Mfie Road if possible. The Developer will need to obtain an approved access permit from rM District III Prior to construction. Contact 1vlatt Ward at 334-8342 for more information on acquisition of an access permit. 2. The main entrance to the subdivision on US 20/26 will need a turn bay added for safety ofthe turning traffic. 3. The applicant should preserve or dedicate additional right of way to accommodate future widening of US 20/26. i 4. The Meridian Comprehensiite Plan calls for sidewalks. The subdivision plan does not show sidewalks on US 20/26. The City should require the developer to construct and maintain any pathways called for in the Comprehensive Plan, 5. The Meridian Comprehensive plan shows a collector system at the halfmile. The subdivision does not reflect this in the design. Since no full frontage or backage road system has been included, the collector system is important to future mobility in this square mile section. The City should consider if collector roads are needed. 6. Design should consider access to and connectivity with the adjacent subdivisions. The adjacent parcels are currently zoned rural (county). Does the City anticipate future development as commercial or residential? The Meridian Comp plan, in this area, cells for commercial area centered at the % mile, with residential at the mile roads. This design does reflect that plan. Will the adjacent Rambo subdivision redevelop? If so, how will this plan affect that area. In particular is concern for the parcel at the intersection of Ten Mile and Chinden, as related to access. 7. The site should also consider the potential for a school adjacent (west) to the site. Connectivity has been provided for pedestrians. Access for autos should be provided so residents would not need to exit to the arterial routes to access the school. 8. The applicant should construct a noise abatement feature along any residential lots adjacent to the highway. The noise abatement shall be located on the applicant's property. The noise abatement feature should be 10' higher then the elevation at the US 20/26 centerline. This feature may be a berm, or a combination beim/ concrete block wall. Should the developer desire to substitute other noise abatement measure, such as improvements to the buildings, they should submit these to IT'D for consideration. Noise abatement (berms, fences, etc.) will be the responsibility of the developer and will be constructed off of the State Right of Way. 9. The Applicant should provide for all improvements required at the new intersection, including signals, acceleration and deceleration lanes on US 20126. 10. ITD would like to the opportunity to review the revised plat prior to final approval. ElaRBIT G Bainbridge Subdivision AZ -05401 Zoning Amendment Findings According to Meridian City Code (MCC)11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review tate particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment" The following is the list of standards found in 11. 15-11: A. Will the new zoning be harmonious with and in aecordanee with the Comprehensive Pin and, if not, has there been an applieation for a Comprehensive Plan amendment; The subject property is located in the heart of a Mixed Use/Neighborhood Center designation on the Comprehensive Plan Future Land Use Map. The 2002 Comprehensive Plan Future band Use Map designates approximately 1/3 of this Property as `Mixed Use — Regional' with a Neigbborhood Center. The purpose of this designation is "to provide a blend of high-density residential, small -stale commercial, entertainment, office and open space uses that are geared to serve all residents within a one to two square mile area. The developments are encouraged to be designed according to the conceptual neighborhood center plan depicted in Figure VII -3. The purpose of these centers is to create a centralized, pedestrian oriented, identifiable and day -tachy service oriented focal point for neighborhood districts. The centers should offer an internal circulation system that connects with adjacent neighborhoods or regional pathway(s). They will also serve as public transit locations for fiture park-and-ride lois, bus stops, shuttle bus stops or other alternative modes of transportation." (See Chapter VII, pg. 95.) Aft evaluating the original preliminary plat submittal and the Comprehensive Plan policies regarding mixed use areas, City staff met with the applicant to discuss omitting the portion of the site within the mixed use designation. This request was based on the fact that the original plat did not conform to the purpose statement of the mixed use designation and staff could not make the findings to recommend approval of the original applications. The applicant has submitted a revised preliminary plat that includes one 9 -acre lot to be developed in the future (Lot 3, Block 15). City Council believes that by leaving the 9 -acre lot undeveloped at this time, the small-scele Commercial/office/entertainment aspect of the minced-uselneirhood center option is preserved for the future. Similarly, if the City decides to amend the Comprehensive Plan, the applicant could develop this area with single-family homes. The remainder portion of the subject site is designated `Medium Density Residential' on the Comprehensive Plan Future Land Use Map. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single- family homes at densities of three to eight dwelling units per acre. Although the proposed density (2.56 d.u./acm) is below the minimum target density o£3 d.uJacre, City Council finds that the revised preliminary plat generally conforms to this stated purpose and intent, In the applicant's submittal letter, dated December 22, 2004 several Comprehensive, Plan policies are listed (please see applicant's letter). City Council also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (analysis in italics below policy): • `Restrict curb cuts and access points on collectors and arterial streets:' (Chapter VII, Goal IV, Objective D, Action item 2) Tice Idaho Transportation Department (ITV) has previously submitted letters to the City stating that their policy for access to a 7)pe IV PHncoal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas JTD allows approaches (other than intersections) in special cases and on a temporary basis. City Counetl finds that the proposed access point to Chinden Boulevard (SH 20-26) meets the location requirements of ITD. Further, City Council finds that Broadbent Way will serve as the access point to Chinden Boulevard for all the properties in this section. The revised location of theproposed Broadbent Wayfl en Mite Road intersection now meets ACHD's requirements, as It aligns with the approved street in Silverstone Subdivision to the east • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter V1I, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 3S foot wide landscape berm with dense vegetation along Chinden Boulevard The applicant is also proposing to construct a 35 foot wide landscape bufj`er along Ten Mile Road. City Council is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way, and the sidewalk is located outside of the 35 foot wide bRiftr (or increase baker to 40 -feet). See Site Specs, jic Condition #S in the Preliminary Plat section. "Consider "Accommodating Bicycle and Pedestrian Travel: A Recormnended Approach" from the National Center for Bicycling and Wallang in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurfsdictions to establish bikeway and walkway facilities in new conselu�tion and reconstu�'tion projects, in a manner that is sq fe, accessible and convenient. • "On -street bikeways should be, incorporated on all future Collector streets." (Chapter V1, Figure V1-5) Figure YI-S on page 57 of the Comprehensive Plan designates a bikeway mid - mile between Ten Mile Road and Black Cat Road, and between Chinden Boulevard and McMfllan Road The applicant is proposing a 36 -foot street section for Broadbent Way (collector). • 'Tan for a variety of commercial and retell opportunities within the Impact Area." {Chapter VII, (30811, Objective B) Lot 3, Block 15, on the revised preliminary plat is designated for commercial, retail and multifamily uses on the Conprehensive plan Future Land U se Map. The subject application proposes none of these uses, and designates this 'future development" lot as residential, Although City Council is recommending that this lot be zoned R-8 with the majority of the development, development of thu lot will require separate conditional use permit approval. City Coarncil finds that t �nrozrosed zoning g ff sy seauent uses ( ogle am-esw 1 e 1 arm mous +itl} and :n accordance wcth the Compreltgala a PIM, B. Is the area included in the zoning amendment Intended to be rezoned in the future; City Council is hopeful that at least a portion of the 9 -acre "future development" lot will be rezoned for multi -family uses and conunm al/officelentertainment uses in the future. Once there is a residential housing base established in this ales that can support non residential uses, this area may be rezoned to be consistent with the Comprehensive Plan. C. Is the area included in the zoning amendment Intended to be developed in the fashlon that would be allowed under the new zoning for example, a residential area turning Into a commcrchd area by means of conditional use permits; City Council finds that the proposed single-family development could be allowed within the requested A-8 zone, if the accompanying Conditional Use Permit for a Planned Development is also approved According to current City Code, churches are required to obtain CUP approval. The future church, to be zoned L -O, will require separate detailed CUP ,approval in the future. D. Has there been a change in the area or adjacent areas whi6h may dictate that the area should be rezoned. For example, have the street* been Widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that a substantial portion of the land to the east has been developed (or approved for development) in a manger similar to the proposed subdivision, with single-family dwelling units. Lochsa Falls Subdivision to the east was approved with a gross density of 2.92 dwelling units per sere and a city park. Silverleaf Subdivision, also to the east, has a gross density of 3.8 dwelling units per acre (minus the future school site). There have been no recent street improvements in the area. loather, Ten Mile Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (CEP) for roadway widening. Chinden Boulevard is not in ITD's current STIP for roadway improvements (is in corridor preservation), This development is mmreutly not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. At this point in time, the Meridian City Council has approved funding for the design; however no funding has been approved for the construction. If this development Is approval, it shall be subject to the North Black Cat sewer system being available. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted four front elevations for the proposed single-family homes. If the homes are constructed in substantial compliance with the submitted elevations, they win be similar in design to other residences in the area. The existing character of the area will, and is, currently changing. However, this is the first development to apply for development in the subject square mile. This development will set the tone for how the rest of this square mile, particularly the Neighborhood Center develops or does not develop. City Council finds that if Lot 3, Block 15, is not developed with single-family detached units, the proposed R-8 zoning and subsequent residential use proposed with the concurrent preliminary plat will be harmonious and appropriate to the intended character of the vicinity. If this development is approved as proposed, City Council finds that it will significantly change not only the existing character of the area, but will also change the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. F. Will the proposed Uses not be hazardous or disturbing to exming or future: netliboring Uses; Due to other existing and proposed uses near the sites City Council does not anflcil to that the proposed zoning/uses will be physically hazardous to future or existing uses or neighbors in the area. The City Council has relied on staff analysis, continents from other agencies, and public testimony to determine whether the proposed use will be disturbing or hazardous to the existing neighboring uses gni future expected ups in this vicinity. G. Will the area be served adequately by essential public facititles and services such as highways, sem, police and tare protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the estsblishmeat of proposed zoning amendment shall be able to provide adequately any of such services; There is a 2.5 -acre outparcel on Ten Mile Road that will be an one if the subject annexation application is approved. This parcel was created in 1988 and does not meet Ada County's standards for minunum lot size and frontage in the RUT zone. Further, when sidewalk and landscaping are provided by the subject developer there will be a gap in the facilities. To allow the City to initiate annexation of this outparcel City Council recommends that the applicant provide the City with the legal description for the Johnson 2.5 -acre outparcel (Parcel No. SO427142323). This development is currently not serviceable by the City of Meridian's sanitary sewer system. Sewer service for this development will be via the future North Black Cat lift station. At this point in time, the Meridian City Council has approved funding for the design; however no funding has been approved for the construction. If this development is approved, it shall be subject to the North Black Cat sewer system being available. Other urban services, such as water, are new to this site and the applicant should be able to extend such services to the site. Water to serve this development is existing or currently under development with Lochsa Falls Subdivision. The applicant shell be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. On January 28, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. The Meridian Police Department and Parks Department have concerns with no parking (plan) being provided for the two proposed parks. The nearest on -street parking for the 7.5 - acre park would be along a collector roadway. On -street parking would take up some of the open space that could be used for "green" useable park area The detailed comments and conditions from the Fire Department, Police Department, and other agencies/departments are at the end of this report. The applicant and/.or future property owners will be required to pay park and highway impact fees as well as construct on site storm water drainage facilities. The ACRD Commission acted on his project on March 2, 2005. The ACRD recommends approval ofthe subject development with site specific and standard conditions of approval. Based on the comments received from other agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. H. Will not ermine excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of, sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public COW to serve the future residents will be fire, police, school facilities and services. City Council finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare of the community. L Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fames, glare or odors; City Council recognizes that traffic and noise will increase with the approval of a development on this site; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. City Council finds that if Lot 3, Block 15, were to develop similar to the rest of the proposed subdivision then the proposed residential zoning/uses may be detrimental to people, property and/or the general welfare of the area because it would not comply with the Comprehensive Platy. However, because Lot 3, Block 15, is being reserved for future development, the subject applications should not adversely affect any person or property. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traf le on surrounding public streets; The applicant is proposing to construct one public street entrance into the site from Ten Mile Road and one public street entrance into the site from Chinden Boulevard (SH 20l26). The proposed public street entrance to Ten ]Vide Road (Broadbent Way) aligns with a previously approved public street entrance into Silverleaf Subdivision (Satinwood Drive). If all vehicular approaches (streets) are approved and constructed in accordance with ITD and ACRD policies, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review any comments from ACRD or TTD for this project for additional it brmation regarding this finding. X Will not result in the destruedon, loss or damage of a natural or scenic feature of major importance; and City Council is not aware of any natural or scenic features that may be lost, damaged or destroyed with the approval of the subject applications. Any existing trees larger than V caliper that are removed should be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment In the but interest of the City of Meridian. (Ord. 592, 11 17-1992)? I&acco�vdance with the ndin— u'.atod -1 --- maxationtzming Of N-8 b e'can ould by in the best intermt of the il)E,CCity Bainbridge Subdivision PP -4S -N2 Preliminary Plat Findings Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Finding "A". B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Finding "G" C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, City Council finds that a development on this property will not require the expenditure of capital improvement finds. D. The public financial capabilky of supporting services for the proposed development; The development will not require major expenditures for providing supporting services. The Commission and Council have relied upon comments submitted from the public service providers (i.e. police, firs, ACRD, etc.) to determine this finding. (See Finding "G" under Annexation and Zoning, and the Agency Comments and Conditions for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council finds that there should not be any health, safety or environmental Problems associated with this subdivision that should be brought to the Council or Commission's attention; no hazardous natural features have been identified on the site. ACRD considers road safety issues in their analysis. X rr I Bainbridge Subdivision CUP -05-002 CUP/PD Findings The Commission and Council shall review the particular faets and circumstances of each Proposed conditional use in tenor of the following and may approve a conditional use Permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, Open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street &outage requirement, lot size requirement, and maximum block length, as required by Meridian City Code. See Special Consideration #1 below for detailed analysis. City Council finds that the subject property is large enough to accommodate the rO1U08W USe and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plea and in accordance with the requirements of this Ordinance; City Council finds that the proposed single-family residential subdivision, with a gross density of 2.56 dwelling units par acre, is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates a majority of the land to be `Medium Density Residential" (provided the Commission and Council grant the requested planned development). Please see Annexation & Zoning Finding "A„ C. That the design, construc4lo14 operation, and maintenance will be compatible wfth 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; Please see Annexation & Zoning Finding "E". D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; iI I i Please see Annexation &Zn� ing Findings. E. That the proposed use will be served adequately by essential public facilities' and services such as highways, street, police, and fire protection, drainage structures, reface disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shag be able to provide adequately any such services; Please see Annexation fit Zoning Findings "G" and ` If , the tither Agmcy/Depwftmt Comments and Conditions, and any comments that may be submitted to the City Clerk regarding this project F. That the proposed use will not create excessive additional requirements at publle cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation & Zoning Finding "H" G. That the proposed use will not Involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traflc, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Finding "i". H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation & Zoning Finding "T' I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation & Zoning Finding '%". Transmittal Date: April 14, 2005 Project Nance: Bainbridge Subdivision APR 14 20 il 41 City pWoft STAFF SU WARY C OF COUNCIL HEARING Case No(s): AZ-05-001/PP-05-002/CUP-05-002 Applicant: Brighton Properties, LLC City Council Hearing Date: April 5, 2005 Council Action: Approve with conditions (all ayes) A. Summary of Public Hearing: 1- In favor: David Turnbull (Applimt) 2. In opposition: None 3. Commenting: Lisa Johnson 4. Staffprasenting application: Anna Canning 5. Other staffcommenting on application: Brad Watson B. Key Dues of Discussion by Council: L Single -story home restriction adjacent to the existing residence (Johnson) 2. Sewer serviceability 3. Possible dedication of park property to the City C. Key Changes (see attached Exhibits): - The Council voted to amend Exhibit D, Comment #3, by adding a bullet stating that sewer service is currently not available to this property and the applicant understands the risks. - The Council voted to amend Exlul* D, Comment #3, by adding a bullet regarding steps for dedicating a park to the City (providing clear title, etc.). - The Council voted to amend Exhibit E, Site Specific Condition #2, by allowing the applicant to work with Muff when determining if a stub street to the property to the west is appropriate or not. - The Council voted to amend Exhibit E, Site Specific Condition #10, by requiring perimeter fencing to be installed. - The Council voted to amend Exhibit F, Site Specific Condition #3, by allowing the applicant to work with staff on providing an additional amenity for this project. - The Council voted to amend Exhibit F, by adding Site Specific Condition #10, restricting the lots adjacent to Ten Mile Road to not be a full two -stories. I D. Recommended Conditions of Approval (by Commission, if applicable) See attached Exhibits D, E and i Exhibit C JOHNSO - OUT PARCEL SECTION 27, ,4N., R.I W., 119M. SCALE: 1" = 150' W. CHINDEN BOULEVARD (U.S.-HIGHWAY 20-26) S.22 S.23 S.27 S.26 PROPOSED BAINBRIDGE N SUBDIVISION N i M M co ...mow R 0 2.48 ACRES g ` 10 10 SVe p eq ` 1 � ©YeR�4 N G� cV n d- a E1/4