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Red Wing Subdivision MDA-13-002 RZ-13-0025 PP-13-003CITY OF MERH)IAN ~ IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW 1 j ~- AND 1©AHO DECISION & ORDER In the Matter of the Request for an Amendment to the Development Agreement; Rezone to the R-4 and R-15 Zoning Districts; and Preliminary Plat Consisting of Forty-Eight (48) Single-Family Residential Building Lots, One (1) Multi-Family Building Lots, and Nine (9) Common/Other Lots for Redwing Subdivision, Located at the Southeast Corner of S. Meridian Road (SH 69) and E. Victory Road, by W. H. Moore Co. Case No(s). MDA-13-002; RZ-13-002; PP-13-003 For the City Council Hearing Date of: March 26, 2013 (Findings on Apri116, 2013, REVISED Findings on June 11, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 26, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 26, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 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 April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-002; RZ-13-002; PP-13-003 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 26, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for an amendment to the development agreement is hereby approved per the provisions in the attached Staff Report for the hearing date of March 26, 2013, attached as Exhibit A. 2. The applicant's request for a rezone to R-4 and R-15 is hereby approved with the requirement of a development agreement per the provisions in the attached Staff Report for the hearing date of March 26, 2013, attached as Exhibit A. 3. The applicant's request for a preliminary plat is hereby approved per the provisions in the attached Staff Report for the hearing date of March 26, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-002; RZ-13-002; PP-13-003 -2- Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed 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 filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 26, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-002; RZ-13-002; PP-13-003 -3- B action of th ~ y e City Council at its regular meeting held on the da of 2013. y COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED V'~,(_p-- VOTED VOTED VOTED (J VOTED ____-- -T ~~~Q Mayor Tam e Weerd Attest: ~tz~r ~D a U~~sT ~~ ? 0 j~ o~, ity ~f aycee H 1 an, City Clerk ID~AN~-- IDAHO .a ~~^ ~ b~ " ~~ ~'~* Copy served upon Applicant, The Pla FIn~ , ~~ ~ nt, Public Works De artmen ~~ . p t and City Attorney. ~` Dated:_~~ ~ ~ ~~~ ~,.~ it ce o t CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-I3-002; RZ-13-002; PP-13-003 -4- EXHIBIT A STAFF REPORT HEARING DATE: TO: FROM: March 26, 2013 Mayor & City Council E IDIAN~-- IDAHO SUBJECT: Sonya Wafters, Associate City Planner 208-884-5533 MDA-13-002; RZ-13-002; PP-13-003 -Red Wing Subdivision (fka Cavanaugh Subdivision) I. SUMMARY DESCRIl'TION OF APPLICANT'S REQUEST The applicant, W. H. Moore Co., has applied for a modification to the existing development agreement (MDA) for Cavanaugh Subdivision; rezone (RZ); and preliminary plat (PP) for Red Wing Subdivision. The proposed modification to the development agreement (DA) excludes the subject property from the existing overall DA for Cavanaugh Subdivision (fka Tanana Valley). The applicant proposes to rezone 32.87 acres of land from the C-N (Neighborhood Commercial; 13.59 acres) and TN-C (Traditional Neighborhood Center; 16.49 acres) zoning districts to the R-4 (Low Density Residential; 16.55 acres) and R-15 (Medium High Residential; 16.32 acres) zoning districts. The proposed preliminary plat consists of 48 single-family residential building lots, lmulti-family residential lot, and 9 common open space lots on 31.11 acres of land. NOTE: A request to modify the Future Land Use Map for portions of this property that is not yet complete. This application (CPAM-12-005) was previously acted on by the Commission and is scheduled for action by the City Council on February 19`h. In analyzing the subject applications, Staff is assuming Council will approve CPAM-12-005. This request was approved by City Council on March S, 2013. See Section VIII, Analysis, for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, RZ, and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit B of the Staff Report. NOTE: The Planning & Zoning Commission need not make a recommendation on the MDA application. The Meridian Planning & Zoning Commission heard these items on February 21, 2013. At the public hearinE, the Commission moved to recommend approval of the subiect RZ and PP requests. a. Summary of Commission Public Hearin: i. In favor: Jonathan Seel ii. In opposition: None iii. Commenting: None iv. Written testimony: Jonathan Seel v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. The two proposed accesses via Victory Road. c. Kev Commission Change(s) to Staff Recommendation: Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 1 EXHIBIT A i. None d. Outstanding Issue(s) for City Council: i. The applicant requests a waiver from City Council to UDC 11-3A-3, which restricts access to arterial streets to allow both two accesses via Victory Road. The Commission recommended both accesses be approved. The Meridian City Council heard these items on March 26, 2013. At the public hearing. the ouncil annroved the subject MDA: RZ and PP request ~_ ummary of City Council Public Hearin: L In favor: Jonathan Seel, W. H. Moore Co.; Randy Fulmer 1L In opposition: None iii, Commenting: Justin Lucas. ACRD i~ Written testimony: None ~ Staff nresentin~ anolication: Sonya Watters; Bruce Freckleton; Warren Stewart 1z, Yi. Other staff commentinP on aRplication: None ev Issues of Discussion by Council: is The requirement for a sewer main to be installed along the west boundary of the site boundary vs. on the ~,jacent to S. Meridian Road from the north to the south RCQA~~' ~_ _ west side of S. Meridian Road: iy he two proposed accesses via Victory Road Key Council Changes to Commission Recommendation y Modify condition #1.2.6 in Exhibit B to allow two access points to the site via E. Victory Road as shown on the preliminary plat. ii: Modify condition #2.1 in Exhibit B to require the Developer to provide an easement for the construction of a 24-inch sewer main line alone the west boundary of the site iacent to S. Meridian Road (SH 691: the applicant shall not be responsible t construct said sewer main to and throL~h the development in this area, only provide an easement. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers MDA-13- 002, RZ-13-002 and PP-13-003 as presented in the staff report for the hearing date of March 26, 2013, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers MDA-13- 002, RZ-13-002 and PP-13-003, as presented during the hearing on March 26, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA-13-002, RZ-13-002 and PP-13-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the southeast corner of S. Meridian Road (State Highway 69) and E. Victory Road, in the northwest'/4 of Section 30, Township 3 North, Range 1 East. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 2 EXHIBIT A B. Applicant: W. H. Moore Company 1940 Bonito Way, Ste. 160 Meridian, Idaho 83642 C. Owner: Red Tail Communities, LLC 1940 Bonito Way, Ste. 160 Meridian, ID 83642 D. Representative: Jonathan Seel, W. H. Moore Company 1940 Bonito Way, Ste. 160 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a rezone, preliminary plat, and development agreement modification request. Except for the MDA request, which only requires Council review, a public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 4, and January 18, 2013 (Commission); March 4, and 18, 2013 (City Council) C. Radius notices mailed to properties within 300 feet on: February 1, 2013 (Commission); February 28, 2013 (City Council) D. Applicant posted notice on site by: February 8, 2013 (Commission); March 15, 2013 (City Council VI. LAND USE A. Existing Land Use(s): This site is currently vacant/undeveloped. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Victory Road, Fuel facility/convenience store, landscape nursery, zoned C-G; and residential properties, zoned R-4 South: Undeveloped property, zoned R-8 East: Undeveloped property, zoned R-8 and TN-R West: Meridian Road (SH 69) and rural residential properties, zoned RUT in Ada County C. History of Previous Actions: In 2006, this site received annexation and zoning (AZ-06-O15) approval with R-8 and C-N zoning with the Tanana Valley project. A development agreement was required as a provision of annexation and recorded as Instrument # 106151214. A preliminary plat (PP-06-013) for Tanana Valley Subdivision was approved for 105 single- family residential building lots and 1 commercial building lot on the subject portion of the Tanana Valley property. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 3 EXHIBIT A • In 2008, the subject property was rezoned (RZ-07-014) from R-8 to C-N (13.59 acres) and TN- C (16.49 acres). A new preliminary plat (PP-07-O15) for Cavanaugh Subdivision was approved that included the subject property. Lots on this site consisted of common area for landscaping and parking, and building lots for a neighborhood market, condominium units, apartments, vertically integrated residential lofts above retail, and commercial. A development agreement modification (MI-07-O1 l) (Instrument # 108065958) was also approved to address the new neighborhood center plan on this site. • An 18-month time extension (TE-08-022) on the preliminary plat to obtain the City Engineer's signature on the final plat for the first phase of development was approved by the Director on October 15, 2008. • Another 18-month time extension (TE-10-005) on the preliminary plat to obtain the City Engineer's signature on the final plat for the first phase of development was approved by City Council on March 23, 2010. • A two-year time extension (TEC-11-005) on the preliminary plat to obtain the City Engineer's signature on the final plat for the first phase of development was approved by City Council on September 27, 2010 and will expire on August 22, 2013 unless a final plat is signed or another time extension is approved. D. Utilities: a) Location of sewer: Sanitary sewer to serve the subject site exists directly adjacent in E. Victory Road. b) Location of water: Domestic water to serve the subject site exists directly adjacent in E. Victory Road. c) Issues or concerns: The subject site is obligated to pay $1,465.56 per acre to proportionally offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer's signature on any final plat. E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh canal runs along the southern boundary of this site and the Kennedy canal runs north/south on the east portion of the site. 2. Hazards: NA 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN ANALYSIS CITY OF MERIDIAN COMPREHENSIVE PLAN POLICIES AND GOALS: EXISTING: The Future Land Use Map (FLUM) contained in the Comprehensive Plan currently designates the western 21+/- acres of site as Medium Density Residential (MDR) and the eastern 11+/- acres as Mixed Use -Neighborhood (MU-N) with a Neighborhood Center (N.C.) Overlay. The MDR designation allows smaller lots for residential purposes within City limits. Uses typically include single-family homes at densities of 3 to 8 dwelling units per acre (pg. 20). The purpose of the MU-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominantly single- Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 4 EXHIBIT A use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is critical in MU-N areas. Tree-lined, narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual MU-N plan depicted in Figure 3-1 of the Comprehensive Plan (see pgs. 24-27). PROPOSED: A Future Land Use Map Amendment, CPAM-12-005 request is scheduled to be heard by the City Council on February 19, 2013; the Commission recommended approval of the CPAM request on January 17, 2013. This request was approved by City Council on March S, 2013. The applicant proposes to change the FLUM designation on the western 16.32+/- acres of the site from MDR to Medium High Density Residential (MHDR). The designation on the eastern 10.77+/- acres is proposed to change from MU-N with a N.C. overlay to MDR making the total area of the MDR designated area16.55+/- acres (a portion of the site is already designated MDR and will stay as such). The MHDR designation allows for the development of a mix of relatively dense residential housing types including townhomes, condominiums and apartments. Residential gross densities should range from 8 to 15 dwelling units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity (pgs. 20-21). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre (pg. 20). The applicant proposes to develop the western portion of the site with an apartment complex consisting of 215-228 units resulting in a gross density of 15 dwelling units per acre with a clubhouse and supporting amenities (see Exhibit A.5). The eastern portion of the site is proposed to develop with 48 single-family residential building lots resulting in a gross density of 3 dwelling units per acre. Staff is of the opinion the density proposed by the applicant is consistent with the FLUM designations requested. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Require landscape street buffers for new development along all entryway corridors." (2.01.02E, pg. 13) A 35 foot wide landscape buffer will be required along S. Meridian Road, an entryway corridor in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. "Use the Comprehensive Plan, the Unified Development Code, and the Design Manual to discourage strip development, and encourage clustered, landscaped business or residential development on entryway corridors." (2.01.02D, pg. 13) Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 5 EXHIBIT A Future development of this site adjacent to Meridian Road, an entryway corridor, is required to comply with UDC landscape and design standards and design guidelines in the Design Manual in accord with the Comprehensive Plan. • "Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B, pg. 56) The future development of single family and multi family residential uses on this site will provide ownership and rental options for individuals with varying income levels. "Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares." (3.07.02, pg. 55) An apartment complex is proposed on the corner of S. Meridian Road, an entryway corridor, and E. Victory Road, an arterial street. The Ridenbaugh Canal runs along the southern boundary of the site which will be developed as an open space corridor and will contain a section of the City's multi-use pathway system. • "Provide a walkable community through good design." (2.O1.OlA, pg.13) VIII. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant proposes to amend the existing development agreement (DA) for the overall Cavanaugh property to remove the subject property from the agreement and enter into a new DA with the City for the subject property (see Exhibits A.1, A.2, and B). The reason for the request is that ownership of the property has changed. The previous development (Cavanaugh Subdivision) consisted of 177+/- acres and went through bankruptcy proceedings; the property is now owned by several different entities. Staff supports the applicant's request to remove the subject property from the existing Cavanaugh DA and enter into a new DA concurrent with the rezone process. REZONE (RZ): The applicant proposes to rezone 32.87 acres of land from the C-N (Neighborhood Commercial) and TN-C (Traditional Neighborhood Center) zoning districts to the R-4 (16.55 acres) and R-15 (16.32 acres) zoning districts. A conceptual development plan is shown on the landscape plan in Exhibit A.S. The applicant plans to develop the R-15, western portion of the site with an apartment complex consisting of 228 dwelling units and the R-4, eastern portion of the site with 48 single-family residences. Development Agreement: The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure the site develops consistent with the Comprehensive Plan, conceptual development plan, and preliminary plat, staff recommends a DA is required as a provision of the rezone. Staffls recommended DA provisions are included in Exhibit B. The proposed zoning designations and densities are consistent with the proposed changes to the FLUM noted above in Section VII. Therefore, staff is supportive of the rezone request. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 6 EXHIBIT A PRELIMINARY PLAT (PP): The proposed preliminary plat consists of 48 single-family residential building lots, lmulti-family residential lot, and 9 common open space lots on 31.11 acres of land in the proposed R-4 and R-15 zoning districts. Dimensional Standards: The proposed plat and future development is required to comply with the dimensional standards of the R-4 and R-15 zoning districts listed in UDC Tables 11-2A-5 and 11-2A7 respectively. Staff has reviewed the proposed plat and found several line and chord segment dimensions to be missing and some lots (L9 & L10, B2 and L24, B1) that don't meet the minimum street frontage requirements. Also, street knuckles are required to be separated from through traffic by a landscape island, per UDC 11-2A-3; landscape islands are not depicted on the plan. The final plat(s) will need to comply with the dimensional standards of the applicable district in effect at the time of final plat application submittal. Note.• Staff is currently in the process of proposing a text amendment to the UDC that may remove the requirement for street knuckles to be separated from traffic by a landscape island. Access: Two accesses are depicted on the plat via E. Victory Road and one access is depicted to the east to eventually connect to the collector street planned to be constructed on the adjacent property. No access via Meridian Road (SH 69) is proposed. Because this site lies on the corner of a state highway (SH 69/Meridian Road) and an arterial street (Victory Road), access to the site is restricted. The Idaho Transportation Department (ITD) and UDC 11-3H-4B prohibits access to SH 69/Meridian Road; UDC 11-3A-3 limits access to arterial and collector streets; and the Ada County Highway District (ACRD) limits access to Victory Road. Access to a local street is not available to this property. Therefore, an access to Victory Road is needed. However, the applicant is proposing two access points to Victory Road. The applicant is requesting a waiver of City Code from City Council for the proposed access points to Victory Road. Approval for any/all access to Victory shall also be obtained from ACRD. In accord with UDC 11-3A-3, staff recommends only one access via Victory Road is approved. Multi-Use Pathway: Amulti-use pathway is required to be constructed on this site along S. Meridian Road (SH 69) within a public use easement in accord with UDC 11-3H-4C.4. A multi- use pathway is depicted on the landscape plan. The developer is required to submit a public use easement for the pathway to the Planning Division of the Community Development Department for approval by City Council prior to signature on the final plat. Noise Abatement: Noise abatement in the form of a berm or berm and wall combination is required for residential uses along state highways, per UDC 11-3H-4D. The landscape plan depicts a berm adjacent to S. Meridian Road (SH 69). The applicant should submit across-section of the berm (or berm/wall combination) in relation to the centerline of SH 69 demonstrating compliance with the standards listed in UDC 11-3H-4D. Landscaping: A 35-foot wide landscape street buffer is required along S. Meridian Road (SH 69), an arterial street & entryway corridor; a 35-foot wide buffer is shown on the landscape plan in accord with this requirement. A 25-foot wide landscape street buffer is required along E. Victory Road, an arterial street; a 25-foot wide buffer is proposed on the multi-family portion of the site and a 30-foot wide buffer is proposed on the single-family portion of the site in accord with this requirement. The property does not abut the future collector street to the east; therefore, a street buffer is not required to be provided on this site. Landscaping is required in accord with the standards listed in UDC 11-3B-7C; the proposed landscape plan complies with these standards. Common Open Space & Site Amenities: All single-family and multi-family developments over 5 acres in size are required to provide open space & site amenities in accord with the standards Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 7 EXHIBIT A listed in UDC 11-3G-3. A minimum of 10% qualified open space is required to be provided for the development in accord with the standards listed in UDC 11-3G-3B. Based on 15.9 acres for the single-family portion of the development, a minimum of 1.59 acres of qualified open space is required. The plat depicts 1.82 acres of common area; however, it does not appear to meet the "qualified" open space requirements as set forth in UDC 11-3G-3B. Prior to the City Council meeting, the applicant should submit revised plans showing compliance with this standard (or calculations detailing how the current plan meets these requirements). Development area under 20 acres in size is required to provide a minimum of one site amenity. The applicant proposes a seating and picnic area as an amenity in the single-family portion. Open space and amenity requirements for the multi-family portion of this project will be evaluated with the future Conditional Use Permit and/or Certificate of Zoning Compliance/Design Review. Sidewalks: Afive-foot wide detached sidewalk is required to be constructed along E. Victory Road as shown on the landscape plan in accord with UDC 11-3A-17. In addition to the sidewalk, the applicant is proposing to enter into a developer cooperative with ACHD to widen Victory Road to 3-lanes and build curb, gutter and sidewalk. The applicant is proposing to be reimbursed for the impact fee eligible portion of the roadway widening work with future impact fee credits. Fencing: Fencing appears to be depicted on the landscape plan; however, it is not labeled as such nor is the type (materials, height) of fencing shown. Fencing is required adjacent to the Ridenbaugh Canal located along the southern boundary of the site as set forth in UDC 11-3A-6B, unless the canal is improved as part of the development to be a water amenity. Fencing adjacent to all pathways and common open space is required to comply with the standards listed in UDC 11-3A-7. Waterways: The Ridenbaugh Canal lies off-site along the southern boundary of this site. The irrigation district's access road for the canal lies on the subject property. Building Elevations: Conceptual building elevations for the multi-family and single-family structures are included in Exhibit A.6. Final design of the multi-family structures will be required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Design Manual. Staff has no objections to the conceptual elevations as they appear to be of quality material and design. Staff is supportive of the proposed development agreement modification, rezone and preliminary plat with the comments noted above and the conditions listed in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Applicant's Proposed Changes to Development Agreement 3. Legal Description & Exhibit Map for Rezone Area 4. Proposed Preliminary Plat -REVISED 2/20/13 5. Proposed Landscape Plan/Conceptual Development Plan- REVISED 2/21/13 6. Conceptual Building Elevations B. Agency & Department Comments/Conditions Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 8 EXHIBIT A C. Required Findings from Unified Development Code Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 9 EXHIBIT A Exhibit A.1: Vicinity Map Red Wing Subdivision MDA-13-002; 12Z-]3-002: PP-13-003 PAGL; 10 EXHIBIT A Exhibit A.2: Applicant's Proposed Changes to Development Agreement When recorded, please return to: City Clerk CITY OF MERIDIAN 33 E. Broadway Meridian, Idaho 83642 RELEASE OF DEVELOPMENT AGREEMENT This Release of Development Agreement (this "Release") made by and between the City of Meridian, an Idaho municipal corporation ("City") and Red Tail Communities LLC, a Delaware limited liability company ("Owner'. WHEREAS, City and Owner's predecessor-in-title entered into that certain Development Agreement dated August 28, 2006, and recorded in the real property records of Ada County, Idaho, on or about September 21, 2006, as Instrument No. 106151214, as amended by that certain Addendum to Development Agreement dated May 12, 2008, and recorded in the real property records of Ada County, Idaho, on or about June 6, 2008, as Instrument No. 108065958 (collectively, "Development Agreement") as a condition of annexation and initial zoning of approximately 182.6 acres of real property legally described in the Development Agreement and Imown at that time as the proposed Tanana Valley Subdivision ("Original Property"); WHEREAS, on , 2013, City adopted Rezone Ordinance to rezone a portion of the Original Property consisting of approximately 31.84 acres, legally described in Exhibit A attached hereto ("Released Property"), following a public hearing on or about 2013, before the Meridian City Council (Case No. ), which supersedes the initial zoning and related Development Agreement as to the Rezoned Property; WHEREAS, City and Developer desires to execute and record this Release to memorialize that the Development Agreement is no longer of any force or effect as to the Released Property. NOW, THEREFORE, in consideration of the recitals above, City declares and conliirms, and Developer agrees, that in light of the notice and public hearing held on 2013, and the Rezone .Ordinance approved by the City Council on 2013, the Released Property is hereby released from, and shall no longer be subject, to the Development Agreement. The Development Agreement shall remain in full force and effect as all portions of the Original Property except the Released Property. [end of text) RELEASE OF DEVELOPMENT AGREEMENT -1 1672843-3 Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 11 EXHIBIT A Exhibit A.3: Legal Description & Exhibit Map for Rezone Area ti ji :+ ~i : Page 1 of 2 == THE LAND GROUP, INC. January 8, 2013 Project No. 112168 Rezone Description R-y Zone Red Tail Communities, LLC 16.55 Acres Exhibit "A" A tract of land situated in a portion of the Northwest One Quarter of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Idaho, described as follows: COMMENCING at a found brass cap which monuments the Northwest Comer of said Section 30, which bears South 89°42'14" West a distance of 2,450.84 feet from a found brass cap which monuments the North One Quarter Corner of said Section 30, thence following the northerly line of said Section 30 and the centerline of East Victory Road, North 89°42'14" East a distance of 1,011.84 feet to the POINT OF BEGINNING. Thence following said northerly line and said ceMerf(ne, North 89'42'14" East a distance of 875.00 feet; Thence leaving said northerly line and said centerline, South 0'17'46" East a distance of 350.00 feet; Thence 317.51 feet along a circular curve to the right, said curve having a radius of 317.50 feet, a central angle of 57°17'48", a chord bearing of South 28°21'06" West and a chord distance of 304.44 feet; Thence South 57°43'33" West a distance of 46.19 feet; Thence 237.06 feet along a circular curve to the left, said curve having a radius of 682.50 feet, a central angle of 19°54'04", a chord bearing of South 47°46'31" West and a chord distance of 235.87 feet; Thence South 35°43'32" West a distance of 50.00 feet; Thence 173.56 feet along a circular curve to the left, said curve having a radius of 172.79 feet, a central angle of 18°44'36", a chord bearing of South 26'21'15" West and a chord distance of 172.79 feet; Thence South 19°04'55" West a distance of 57.81 feet to the centerline of the Ridenbaugh Canal; Thence following said centerline, North 70°55'11" West a distance of 411.60 feet; Thence leaving said centerline, North 0°17'46" West a distance of 912.09 feet to the POINT OF BEGINNING. The above-described tract. of land contains 16.55 acres more or less, subject to aN existing easements and rights-of--way. The intent of this description is for rezone purposes only and is not intended to describe or transfer property rights. Attached hereto Is Exhibit "B"and by this reference is made a part hereof. Site Planning • Landscape Architecture • Civi! Engineering +Goy Course Irrigation & Engineering • Graphic CommuMCaUOn • Surveying 462 E. Shore Drrve, Ste. 100, Eagle, Idahp 83616 • P 208.939.4041 F 208.939.x445 • www.Ehelandarouotnc.mm g:\2012\112168\admin\Iegals\I 130108 annexation r-8 desniution b 112168.doc Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 12 EXHIBIT A i~ ~ Page 2 of 2 ~~ i^' THE LAND GBOUP, INC Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) ~• $• 203 ~ PROVAL REVI BY JAN 2 8 Zt~13 MERIDIAN PUF;LIG WORKS DEP?° S/te Plann/ng • Landscape Alrhirecture • Civi/ Engineering • Gotf Course urigntion & Engineering • Graphic ftxnmunicotion • Surveying 462 F. Shore Dr'rve, Ste. 100, Eagle, Idaho 83616 • P 208.939.4041 F 203.939.4445 • .tfielandarouofnc.mm g-\2012\112168\admin\legals\I 13010A annexation r-8 description b 112168.dpc Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 13 EXHIBIT A !~ ~~ Page 1 of 1 ~~~ ~~ 7Hfi LAND GROUP, 1NC. January 8, 2013 Project No. 112168 Rezone Description R-15 Zone Red Taii Communities, LLC 16.32 Acres Exhibk "A" A tract of land situated in a portion of the Northwest One Quarter of Section 30, Township 3 North, Range i East, Boise Meridian, City of Meridian, Idaho, described as follows: BEGINNING at a found brass cap which monuments the Northwest Corner of said Section 30, which bears South 89°42'14" West a distance of 2,450.84 feet from a found brass cap which monuments the North One Quarter Comer of said Section 30, thence following the northerly line of said Section 30 and the centerline of East Victory Road, North 89'42'14" East a distance of 1,011.84 feet; Thence leaving said northerly line and said centerline, South 0°17'46" East a distance of 91~et to a point on the centerline of the Ridenbaugh Canal;.• Thence following said centerline, North 70°55'11" West a distance of 711.00 feet; Thence following said centerline, North 57°31'47" West a distance of 69.47 feet; Thence following said centerline, North 44°08'23" West a distance of 414.34 feet to the westerly line of said Section 30 and the centerline of South Meridian Road; Thence following said westerly line and said centerline, North 0'25'49'" East a distance of 339.80 feet to the POINT OF BEGINNING. The above-described tract of land contains 16.32 acres more or less, subject to all existing easements and rights-of--way. The intent of this description is for rezone purposes only and is not intended to describe or transfer property rights. Attached hereto is Exhibit "B"and by this reference is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRNE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445 (FAX) REVI ~ , ~PROVAL BY JAN 2 8 2013 • zol3 MER('hDIACN PUBBLIC ~ Site planning,Ni Nn~ds~c7pe~Ebit elute • Civil Engineerrnp • Golf Course lydgntion k fngineerrng • Grophrc Cornmunitotion ° Surveying 462 E. Shore nrive, Ste. 100, Eagle, Idaho S3616 • P 208.939.4041 F 203.939.4445 • www.thelandarouolne.com g=12012\112168\admin\legals\I 130108 annexation i-IS descrii~tion ]12168.doc Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 14 EXHIBIT A s8uued ~ ~,. Nw 1i4 a s.cron 80, TownsNp 8 Norlh, RfnW 1 Ea2t, D.M., MMWI~n, IdNw m 2018 ~ CT101 N 1/4 CORNER ~ _ SEC110N 30 ~- ~ N89'42'14wE 2450.84' 1011.84' iCtOry Road 875,00' 564.00' R-15 Zane ~ R-N Zorn ~ . ~I ~ 16.82 Acrest ~ 18.66 Acre! N573147'W i i 69.47 ~ ~ '~ I ~ syl'°"~a ~ ~ ~ ~ ~~ cb• say 4s32-w ~.~ ~~^ ~ ~' ~I r w N ~ S w ~~~, 519'0455 w a ~ ~~L ~~D~ ~ 5~.e1. ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~~ a } 0 14 16 ~ ~ ~Q~ .a v. ~..nr+r....i. ... Curve Tgble ~c;wm+T ~ENC1H R~onls oau aroRn tFrlcrN aiaRO BEAR910 n~e~ S~osa' 10'44'J6' 172.7Y' S26"11'15'W Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 15 EXHIBIT A Exhibit A.4: Proposed Preliminary Plat -REVISED 2/20/13 I Revised Preliminary Plat Of: ~ _ __ ,, ~~ .~ ~ .~ -t -Red Wing Subdfvision~~, ~4~.:~ ~.''--~"i;~ - - ~ ~~..~ u ~; _ ~. .~ .,e..e __._. ..~... w _ _--. .~w _ ... _- - - _ __ __ _ A w. we ~ 4 .~~N ,rs .~-., _W Y~etoeY~d -.. __ _ _ _ _ ._ _ _ ~' _ __ ~lw s f _ ~ _- ~ nN ; ., I -. i i :. r -y ~ ~ i 'J IJ' -~ L. ~ ~ ~ _ r www •..y . ~ ~ •t71 ~ _ . I J ' I /~ ,. --- ( i _ •ti ,i I----- ~ cwuw.aa -~~- 4 ~-~ -~ i ., -ti I t~ > ~ ~ ~; ~, I ~ i i ,. ~ ~ ~; ~. I \ 1 ~ N . _ , . ~,.r.. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 16 EXHIBIT A Exhibit A.S: Proposed Landscape Plan/Conceptual Development Plan -REVISED 2/21/13 _..__..___~__J . 34: ~` ai f~ ~rww~ ,_ ~ -r ~. `~,,, .rte 'i_... -.~. '~- , a...M+.~....~t.w ~ R. ~ N~.M..rww,...a w.a~..s r w F+N ,A. ~ w . ` ~~ ~~ -`` ^`~~~ ~w~~w~a) r as MR;~ rw~ Wfl~ IMF ~: W.WHpy __.~..e- --~---~------ I ! i~ i' i I i~~ ; 1 --'- ~~ {{{ .._. I I iI ~~ _ ~ Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 17 EXHIBIT A ._ a~-~ b~ ~ , ~ ° ~ ~~~» Y „, • i ~~ r ~ ~ ~'- r l w2~~uwrrwr. w.rw~a • -: ~- ~~ ~, ~ ,~ r~xaa• `;' ~~ ' ...t!n r~a r •~1rw. 3 •."!' C ai '~ 'i ~:y i .~. wr. r • r~rw r i eww.r m.ww,a '1~~ TT ~~ Red Tail Communities, LLC P~mrmry vkn uraseaw o.~K ~..~. .-- Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 18 EXHIBIT A Exhibit A.6: Conceptual Building Elevations (The elevations shown at the City Council public hearing were replaced with these elevations and were approved by City Council with the development agreement.) Conceptual Building Elevations Multi-Family Apartments Conceptual Building Elevations Multi-Family Apartments Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 19 EXHIBIT A .r. i,~t Conceptual Building Elevations Multi-Family Apartments Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 20 Conceptual Building Elevations Multi-Family Apartments EXHIBIT A Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 21 Conceptual Building Elevations Multi-Family Apartments EXHIBIT A -~: r ".. ~ pe 4 ~_. _ _ ~ ~ r. ,a_3 ~~^L -~',~. ;~ Red Wing Subdivision MDA-13-002; RL-13-002; PP-13-003 PAGE 22 ~~ ~ ~~ a , x.: Single-Family Residential .,.. .. ~.. ,a~ ~,~: Pw° 'fi`t a. z.. EXHIBIT A B. Agency & Department Comments/Conditions 1. PLANNING DEPARTMENT The applicant shall obtain City Council approval of the Release of Development Agreement attached in Exhibit A.2 prior to Council approval of the following DA at the same Council meeting. 1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the conceptual development plan shown on the landscape plan in Exhibit A.5 and the conceptual building elevations shown in Exhibit A.6. The plan depicts an apartment complex consisting of 228 dwelling units on the western portion of the site and 48 single-family residences on the eastern portion of the site. A conditional use permit is required for the multi-family development. b. A 10-foot wide multi-use pathway is required to be constructed along S. Meridian Road (SH 69) as shown on the landscape plan. The pathway shall be constructed in accord with the standards contained in the Pathways Master Plan and in a location approved by the Parks and Recreation Director. c. A public pedestrian easement for the multi-use pathway along S. Meridian Road (SH 69) is required to be submitted to the City, approved by City Council, and recorded prior to signature on the final plat by the City Engineer and/or development of the multi-family portion of the site. The pathway shall be constructed in its entirety with the first phase of development. d. Noise abatement in the form of a berm or berm and wall combination is required for residential uses along state highways, per UDC 11-3H-4D. The landscape plan depicts a berm adjacent to S. Meridian Road (SH 69). The applicant shall submit across-section of the berm (or berm/wall combination) in relation to the centerline of SH 69 demonstrating compliance with the standards listed in UDC 11-3H-4D with the final plat application. e. A minimum five-foot wide detached sidewalk is required to be constructed along E. Victory Road as shown on the landscape plan in accord with UDC 11-3A-17. f. A conditional use permit is required for amulti-family development in the R-15 zoning district per UDC Table 11-2A-2. g. Vehicular access to S. Meridian Road (SH 69) is prohibited in accord with UDC 11-3H-4. 1.2 Site Specific Conditions of Approval 1.2.1 Prior to the City Council meeting, the applicant shall submit a revised plat and landscape plan showing compliance with the qualified open space requirements listed in UDC 11-3G- 3B. 1.2.2 A 10-foot wide multi-use pathway is required to be constructed within a public use easement in Lot 1, Block 1 as shown on the landscape plan attached in Exhibit A.S. Landscaping is required to be installed in accord with UDC 11-3B-12. The pathway and landscaping shall be installed in its entirety with the first phase of development on the site. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 23 EXHIBIT A 1.2.3 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.2.4 The applicant shall provide a minimum of one (1) site amenity (seating & picnic area) and 1.59 acres (10%) of qualified open space that meet or exceed the standards set forth in UDC 11-3G-3. 1.2.5 Prior to City Engineer signature on the final plat, the applicant shall obtain City Council approval of and record a public pedestrian easement for the 10-foot wide multi-use pathways shown on the plat. 1.2.6 T T„lo~~ „ ,oa ,,.~,oM..:~o ~., ~~o r:,., r-~,,,,.,,.a ,..,a n r~un~ ., ~r ~~o Two accesses to this site from Victory Road ~isare approved as shown on the preliminary plat. No vehicular access to Meridian Road is allowed. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-4 and R-15 zoning districts listed in UDC Tables 11-2-A-5 and 11-2A-7 respectively. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to S. Meridian Road is prohibited. Access via E. Victory Road shall be approved by the City of Meridian and ACHD. 1.3.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.4 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.3.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family and multi-family dwellings as applicable. 1.3.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.3.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.3.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.14 Construct amulti-use pathway along SH 69 as set forth in UDC 11-3H-4C4. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 24 EXHIBIT A 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.4.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.4.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.5.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 1.5.7 At such time that the multi-use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is available via extension of mains in W. Victory Road. The applicant shall install mains to and through this subdivision except for the 24 inch sewer trunk that is master planned along the west boundarv along S. Meridian Road; applicant shall coordinate main size and routing and easement widths with the Public Works Department, Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 25 EXHIBIT A and execute standard forms of easements for any mains that are required to provide service. In addition. the applicant shall be required to dedicate a permanent and temporary easement for said 24 inch sewer trunk line. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. The subject site is obligated to pay $1,465.56 per acre to proportionally offset costs incurred by the City of Meridian for the Victory Road Gap Sewer Project. Said payment must be received prior to obtaining the City Engineer's signature on any final plat. 2.2 Water service to this site is available via extension of mains in W. Victory Road. The applicant shall be responsible to install two water connections due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 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 UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/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't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 26 EXHIBIT A 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Department of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application. 4. FIRE DEPARTMENT Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 27 EXHIBIT A 4.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 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. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ''/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.6 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 50 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than'h the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.8 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The applicant shall design and construct the multi-use pathway along S. Meridian Road/SH 69 consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 6.2 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Enter into a development agreement with the District to improve Victory Road to 3 lanes with curb, Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 28 EXHIBIT A gutter, and 7-foot wide detached concrete sidewalk from Meridian Road/SH-69 east to the site's east property line, approximately 1,820-feet. 7.1.2 Comply with requirements of ITD and City of Meridian for Meridian Road/SH-69 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. 7.1.3 Provide a permanent right-of--way easement for the 7-foot wide detached sidewalks proposed to be constructed on Victory Road abutting the site. 7.1.4 Construct a dedicated right turn lane for the driveway located approximately 660-feet east of Meridian Road/SH-69. The right turn lane should designed with an 11-foot wide lane and provide a 100-feet of storage. The applicant should be required to coordinate the Design and Construction of the dedicated right turn lane with District Development Review staff. ACRD will not reimburse the applicant for the additional right-of--way to accommodate the construction of, or for the construction of the right turn lane. 7.1.5 Construct Red Tail Street, Blackspur Way, Silver Wing Drive, Andros Way, Black Hawk Drive, and White Tail Way as 33-foot street sections, curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of--way, as proposed. 7.1.6 Provide written fire department approval for the 33-foot street sections, prior to plan approval. 7.1.7 Construct Andros Way to intersect Victory Road, located approximately 560-feet west of Standing Timber Avenue, as proposed with a 52-foot wide approach, 2 21-foot travel lanes, curb, gutter, 5- footwide detached concrete sidewalk, and a 10-foot wide landscape median. Provide a permanent right-of--way easement for any sidewalks placed outside of the dedicated right-of--way and dedicate the landscape median as right-of--way. 7.1.8 Construct one stub to the east, Black Hawk Drive, located approximately 580-feet north of Victory Road. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.9 Construct one 52-foot wide driveway to intersect Victory Road, located approximately 660-feet east of Meridian Road/SH-69 with 2 21-foot travel lanes and a 10-foot wide landscape island onto Victory Road as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. 7.1.10 Construct a 30-foot wide driveway onto Blackspur Way at approximately 125-feet (measured centerline to centerline) from the Red Tail StreetBlackspur Way intersection and approximately 155-feet (measured centerline to centerline) from the Black Hawk Drive and Blackspur Way intersection, as proposed. Pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the roadway. 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-of--way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non- compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 29 EXHIBIT A 7.2.4 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. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 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. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 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 ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACRD Commission. 8. IDAHO TRANSPORTATION DEPARTMENT (See next page) Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 30 EXHIBIT A ~nnyv IDAHO TRANSPORTATION DEPARTMENT ~ * F?O. Box 8028 (208) 334-8300 y Boise, 1L1 83707-2028 itd.idahagov 9 ~~ 4~ 'xr~aw o~Q February 4, 2013 Machelle Hill Meridian City Clerk's Office 33 East Idaho Avenue Meridian, Idaho 83642 VIA EMAIL Re: RZ 13-002 and PP 13-003 Red Wing The Idaho Transportation Department has reviewed the referenced rezone and preliminary plat for the Red Wing project site on Victory Road near SH-69 (Meridian Road). ITD has the following comments: 1) ITD has no objection to a local jurisdiction's changes to a land use plan. The proposed change to the comprehensive plan requires no ITD-related mitigation. 2) ITD has an access management plan for SH-69 (Meridian Road). The plan does not include any access to SH-69 between Victory Road and Harris Street. The applicant's site does not appear to affect ITD's access management plans. 3) The proposed change in land use is a net reduction in site-generated trip volume that has an important impact on the regional roadway system. The conversion from employment / commercial center to residential development separates homes from employment opportunities and increases the average journey-to-work and home-to-shopping trip distance. Although this project is relatively small, the cumulative impact of such rezone/comprehensive plan changes will certainly increase regional travel demand and necessitate additional investment in the transportation system. These incremental changes to the development plans. incur a regional cost to expand the roadway network. This site's location on the regional highway system could have provided some benefit in improving accessibility and reducing both travel distance and the number of trips. If you have any questions, you may contact Matt Ward at 334-8341 or me at 334-8377. Sincerely, Dave Szplett Development Services Manager dave.szplett(a,itd.idaho.gov Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 31 EXHIBIT A C. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property to the R-4 and R-15 zoning districts. The City Council finds that the proposed map amendment (zoning) is generally consistent with the proposed MDR and MHDR land use designations for this site and the rest of Cavanaugh development to the south and east of the site. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 and R-15 zoning districts and proposed single-family and multi-family residential development of the property is generally consistent with the purpose statement of the residential district in that it will provide for a range of housing opportunities. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best of interest of the City (UDC 11-SB-3.E). Because the subject request is for a rezone, the City Council finds this finding is not applicable. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted and proposed Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Red Wing Subdivision MDA-13-002; RZ-13-002; PP-13-003 PAGE 32 EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from the public service providers (i.e., Police, Fire, ACRD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety, or general welfare.