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Jacks Place AZ 13-006ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 44 BOISE IDAHO 09h2113 01:45 PM DEPUTY Vicky Bailey RECORDED-REQUEST OF III IIIIIIIIII'llllll'llll' Meridian City 113103819 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. John Bartlett, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of .CeTlicnn~beY, 2013, by and between City of Meridian, a municipal corporation of the State o Idaho, hereafter called CITY and John Bartlett, whose address is 105 E. Edmonds Court, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, 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, LC. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer made 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-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developerhas submitted an application for annexation of the Property described in Exhibit A, and has requested a designation of Limited Office District (L-O) and Medium Density Residential District (R- 8), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developerrnade representations atthe 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 DEVELOPMENT AGREEMENT-JACK'SPLACESUBDIVISION(AZ13-006) ~ PncelOF9 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 3rd day of September, 2013, has approved the Findings of Fact and Conclusions of Law as set forth in Exhibit B, 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 Findings require the Owner/Developer to enter into a development agreement before the City Council takes fmal action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deems it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a .development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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 on April 19, 2011, Resolution No.l 1-784, 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 DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 2 OF 9 Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers John Bartlett, whose address is 105 E. Edmonds Court, Meridian, ID 83642, the party that is developing said Property and shall include any subsequent owner(s) and/or developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed as Limited Office District (L-O) and Medium Density Residential District (R-8), and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED 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 § 11-2A-2 and § 11-2B-2 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The owner/developer shall comply with the submitted elevations (home and office) attached in Exhibit C. 2. If the existing home on Lot 10, Block 2 remains it shall be connected to City water and sewer service, per MCC 9-1-4 and 9-4-8 with the first phase of development including the abandonment of any well and septic system. 3. Future development of the office lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 4. Across-access/ingress-egress easement shall be granted to the property to the south (parcel # 85915720012) through Lot 10, Block 1 in accord with UDC 11-3A-3A. Further, cross access shall be granted between lots 11 and 12, Block as proposed. A recorded copy of said easement shall be submitted with the first Certificate of Zoning Compliance application for the site or a note added to the face of the plat that references the recorded cross access agreement. 5. The owner/developer shall provide a minimum of 16,433 open space for the residential portion of the development as proposed. Common Lot 3, Block 2 and Common Lot 2, Block, excluding the portion of the gravel access road within said common lots, shall be DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 3 OF 9 landscaped with lawn and a mix of shrubs and or other vegetative ground cover. The owner/developer's landscape architect shall submit a plant materials list to NNIID for review. 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/Developer or Owner/ 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 ofOwner/ Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developershall 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/ Developer reserve 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 the City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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/Developer or City is delayed for causes that are DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 4 OF 9 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/Developer ofany one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owners/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by OwnerlDeveloper ofany 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/Developer'scnst, and submit proof of such recording to Owner/Developer,prior tothe third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 5 OF 9 12. 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/ Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Owner/Developerhas 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. 14. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees 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, this Development Agreement, and the Ordinances of the City of Meridian. 15. 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 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: John Bartlett 105 E. Edmonds Court Meridian, Idaho 83642 15.1 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. 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe 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. DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ 13-006) PAGE 6 OF 9 17. 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. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer 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/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 19. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT -JACK'S PLACE SUBDIVISION (AZ I3-006) PAGE 7 OF 9 ACHIVOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: k ~f/ 9 J Bartlett CITY OF MERIDIAN Mayor T de Weerd ATTEST: o~P2ro n u~~'sr I `044 ?~i Ciky of E IDI~ IAN~- 1 - _ Jayce .Holman, City Clerk 9~~""_~-~ SEAL r ., FyT ~e fe0<<de TAE d5UR6 DEVELOPMENT AGREEMENT-JACK'S PLACE SUBDIVISION (AZ 13-006) PncE 8 OF 9 STATE OF IDAHO, ) ss County of Ada ) On this ~ - day of 013, b~° re me, the undersigned, a Notary Public in and for said State, personall appeazed Johi~artlett"1"cnown or identified to me to be the person who executed the agreement, and acknowledged to me that he 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. f~11NA NISHITANI NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) County of Ada ss /~~~-Cl. Get-c.~ Notary Public r Idaho Residing at: L~/ ~ e My Commission Expires: tai aZ /S On this~_ day of S P .7~~~e ~/ , 2013, before me, a Notary Public, personally appeazed 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) N Public for Idaho Residing at: yep-,~ie~n [f~ Commission expires; Ja vi ~( ~ ,~ ~ r.~ DEVELOPMENT AGREEMENT-JACK'S PLACE SUBDIVISION (AZ 13-006) Pnce 9 OF 9 EXHIBIT A Legal Description 5awtvotb Laft~ Survaytng. lI,C F3YHEVt OVAL ~~•.,. Pe E20813118•BtgA !k: t248138b•br0a ~~~ ~) Z~~ 207 tY. M.~ie St, t:mwptt. ~ 89617 MERIDIAN PUHI,IC l,egel Descrlptton WORKS DEPT far Jack's Place Subdlvlt<ion Commercial Lots May 22, 2013 A roPlat of a portlon of lot 7 of Edmunds Subdlviaton, aS shown in t#oolc 33 of Ptets, Papas 20502069, Ada County Rewrds, wIIMn c3ovemment lot 3 of 6ecHpn }9, t. S N.. R. 1 E., B.M., Ctry of eMrtdlan, Ada County, idah4, more partleuiady described as foitawa: COnnnenotnp Al a foundatunHnum csp, mprtdnQ the W 114 comer Ot said 3ectlon 1tY drs~n~oe ~-- 862a ~~Mto 0,e canigrlrne IntalaecUon oiMparidtu, Road~~ E. Edman4a drl~vei ana0ttre Poiet oti3epianinp: Thence 8euth 68'09'34• Hssl•ooMoldsnt w~ Said centerline o! E. Hdmands Drove, 208.7A lent; 1?isnGe Setllh O'0Y21' weat,l$4.B tfeet to the bepttudnp of a tan~nt ewnis; 50.09 feel, sub~nded t y t1 Ctwt beetinQ South p ~ 'pp~ ~p9 7 ale of 39'5b'42", a radius of Thanca tiovth 60'11'39" tMeat 4$.88 (pet; Thence Soule O'S8'Dg" tAfa6t, 1 t 8.2t) fret to Iha south Iles of lot 7 of t?dmonds Sutldntlelon: Thence tVarlh 88'69'01° 1Heet coholdanl wtth rho south Sns of said Lot 7 of Edtrtonds Subdlvielon.18D,02 fast to paudtweSt oornst of seed fiovammpM !ot ~; 1•honoe North O'661b9' Test, coincident with sold west qM of OwpmmeM Lot 3, a distance of 396.06 fast to the Point MBegieninp; Tha above descrittmd parcel contains 1.7i apes, mor~p or less. 8120}J-}3022~JACK9 PtJIC@ SUB . DAVB 7tlRN6RUtrawin0slbesonptbnst130?,Z.COMMHRCfAI, RaV b-77t. 13.docx Pegs 11 Jactc's 1'luce Sa~di~~ision - AZ-t 3=006 & Tt-p6Riar wHh and aubJect to ootronants, easements end restrtc0ons el raoord. EXHIBIT A RE PRpVAi, 9awt44ottt lend ~vrvayttt~~ LLC ~Y • • .••.. ~; t20~B13sb-8i0a ez: t200t 39a•9ros JUN f 11Df3 20~ w. Mam 5t. er~+nett. tD ea6 ~ 7 MERtpIAt~ F't16UC W9RKS p~PT Legal Q~scrtptFan for .talc's Face 8utrdlvision Res~ettllal l.ota May 22, 2013 A rep[al of a pordon at Lot 7 of Edrnands 8'ubd141rDen, as shown In t3ook 33 of Pate, pages RObO-2051, Ada Comity ttacarda, wdlhin Government I.ot 9 of Section 19, T: 9 N., R.1 ti., B.M., cxy of Adedrian, Ada t;ottntY, [daf~, Mare partkuledy deeratbad as tnAowa: Cottunanelttp et a found elutairtum cap, rnerWng the W t/4 wmer oleeld 9oodon tg; Ttteace t?outh 0.55'Og^ t+Yest, cohtCident ~N Ute west Ifne of 8eW Govemment t.at 3 of Section 19, a dtetanoe of 952.b7 feet; Tttenee 3oulh ft8'Sg'34• BaBt. 208,74 foal to the Point of t3eWnrtM~: 7henae oontinulr~ South 89•b9'34' EaR, 128.02 lost; Theme South 89'SD'S8' t=ask 2tS.50 feet to the beOfnMng o/ a taagerS curve; Thence 5901 Mal afonp the arc of card turvo ro the talk wllh a central anyte of3J'49~16', a tedNraof [OO.t70 tent, subtended dY a c[tprd beerlnp North ti •22'ZO' East, 58.19 tact TlEertee 5rauth 35'9'19" East. 81.23 fast; Thence South 0'0$'21 • wt+ek SS7.33 feet t0 the south Ilea o[ said l3ov+fnmont Got 3: Theeoe North 89'54'01" weak coincident N6/1 card south Nna ottltnramnant t.ot 8. a d~snra ol4S2.40 rear; Thence North 0°88'09" East, s t8.20 fe®t; ~~ North 50'11'39" Beak 45.48 feet io Iha beQinning O<a non-tert~M curve; 1'henoe 34.77' elonp the an: of rald ourve to ate trohk with a canirat anpte of 39•SG'42". o redtw of 50.00 fe9t, subtended by a Cllpld Irearing North 16'59'00• week sa,or teak Thenoa Ntxttt 0.01'21" Fait 154, B1 test to the Point of t3oglnnirtp; The pbovs dessribod parser rwntaini S.$3 ~Ma. more or teas. P:1$079113022.,[ACKS PLACE &tls -GAVE 13.do~r Page tt REV t> 22- Tnek's Place Subdivision - AL-13-006 Together wllh end subjoct to covenaMe, CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDR IAN,- ~J In the Matter of the Request for Annexation of 5.34 Acres with the L-O (1.71 Acres) and R-S (3.63 Acres) Zoning Districts AND Preliminary Plat Consisting of Three (3) Office Lots, Twenty (20) Single-Family Residential Building Lots and Three (3) Common Lots on 4.52 Acres for Jack's Place Subdivision, Located on the East Side of N. Meridian Road; Approximately a'/4 Mile North of E. Victory Road, by Jack's and Jesse Place, LLC. Case No(s). AZ-13-006; PP-13-010 For the City Council Hearing Date of: August 20, 2013 (Findings on September 3, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 20, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 20, 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 (LC. §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). AZ-13-006 & PP-13-010 -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 August 20, 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 annexation and preliminary plat is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of August 20, 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 mamier, 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). 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 maybe 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). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-006 & PP-13-010 -2- 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 August 20, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-006 & PP-13-010 -3- By action of the City Council at its regular meeting held on the day of 2013. COUNCIL PRESIDENT BRAD HOAGLUN VOTED_~ COUNCIL, VICE PRESIDENT CHARLIE ROUNTREE VOTED I COUNCIL MEMBER DAVID ZAREMBA VOTED. COUNCIL, MEMBER KEITH BIlZD VOTED__C MAYOR TAMMY de WEERD VOTED `~- (TIE BREAKER) _ ~ avor T de Weerd Attest: ~¢Q~ACr:b nU~~sr 2GO I jp w c;cy °E IDIATV~-- s Jaycee man, City Clerk ;, ~°A"° ~F SEAL ~TE9 ~~lde THE AS~~~~P~ Copy served upon Applicant, The Planning vent, Public Works Department and City Attorney. By• .-~-l'w~V"~ Dated: ~ - `~ City Cl k Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-006 & PP-13-010 -4- EXHIBIT A STAFF REPORT Hearing Date: August 20, 2013 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ-13-006 and PP-13-010 -Jack's Place E IDIAN -- I",+:} I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for annexation and zoning (AZ) of 5.34 acres of land from RUT in Ada County to the L-O (Limited Office)(1.71 acres) and R-8 (Medium Density Residential)(3.63 acres) zoning districts. A preliminary plat (PP) is also proposed consisting of three (3) office lots, twenty (20) single-family detached residential building lots and three (3) common area lots on approximately 4.52 acres of land in the proposed L-O and R-8 zoning districts for Jack's Place Subdivision. The existing home on Lot10, Block 2 will remain as part of the subdivision. See Section IX of the staff report for more information. IL SUMMARY RECOMMENDATION Staff recommends approval of the annexation (AZ) and preliminary plat (PP) with the conditions of approval in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on June 20, and July 18, 2013. At the public hearing, the Commission voted to recommend approval of the subiect AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Dave Yorgason and David Turner ii. In opposition: None iii. Commenting: Kent Brown iv. Written testimony: Dave Yorgason v. Staff presenting application: Bill Parsons and Justin Lucas vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Cross access to the Mussel) Corner property. ii. Viable buildable lots along the south boundary due to the large NMID irrigation easement and topography. iii. Common lot versus easement on the southern boundary to assign maintenance responsibility of the irrigation easement (access area). iv. Future property owner's paving taxes on property that cannot be improved as part of the buildable lot. c. Kev Commission Change(s) to Staff Recommendation: i. Commission approved the NMID facility as an easement on the buildable lots along the south boundary with the requirement that the HOA maintain the NMID access area; exclusive of the fencing and landscaping installed on the buildable lots. ii. Commission removed the requirement for the 5-foot wide micropath through the common lots (Lot 3, Block 2 and Lot 2, Block 1) and the commercial lot (Lot 10, Block iii. Updated the open space square footages to reflect revised plat. d. Outstanding Issue(s) for City Council: Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 1 EXHIBIT A i. None The Meridian amity Council heard these items on August 20.2013. At the nublic hearing. the ouncil annroved the subiect AZ and PP request. ~,. Summary of City Council Public Hearin: ~ In favor: Dave Yorgason ii. In opposition: None iii. Commenting: None j~ Written testimony: Dave Yor~ason y,, Staff presenting anplication: Bill Parsons yh Other staff commenting on appplication: None ~_ Key Issues of Discussion by Council: 1. None c ~y Council Changes to Staff/Commission Recommendation ~ None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13- 006 and PP-13-O10, as presented in the staff report for the hearing date of August 20, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-006 and PP-13-O10, as presented during the hearing on August 20, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ-13-006 and PP-13-010 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: (Parcel #82114050305) The site is located on the east side of S. Meridian Road; north of E. Victory Road in the southwest'/4 of Section 19, Township 3 North, Range 1 East. B. Applicant/Owner(s): John Bartlett 105 E. Edmonds Court Meridian, ID 83642 C. Representative: Dave Yorgason, Tall Timber Consulting, LLC 14254 W. Battenberg Drive Boise, Idaho 83713 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Jack's Place Subdivision- AZ-13-006 & PP-13-010 PAGE 2 EXHIBIT A Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 3, and 17, 2013(Commission); July 29 and AuSUSt 12, 2013 (Council) C. Notices mailed to property owners within 300 feet on: May 23, 2013(Commission); July 25, 2013 (Council) D. Applicant posted notice on site(s) on: June 10, 2013 (Commission); August 10, 2013 (Council) VI. LAND USE A. Existing Land Use(s): This property is developed with a county residence and several outbuildings. The proposed plat indicates that the existing home will remain on a lot and block in the proposed subdivision. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Veterinary Clinic and Larkspur Subdivision No. 5, zoned L-O and R-8 South: Bitterbrush Point Subdivision and commercial property, zoned R-4 and C-G East: Future Larkspur Subdivision No. 4, zoned R-8 West: Church and Meridian Road (SH 69), zoned C-G C. History of Previous Actions: In 2012, the City approved a Comprehensive Plan Map Amendment (CPAM-12-006) that changed the land use designation on the property from low density residential (LDR) to office and medium density residential (MDR) land use designations. D. Utilities: a. Location of sewer: Sanitary sewer to serve the subject site is available in E. Edmonds Court. b. Location of water: Domestic water to serve the subject site is available in E. Edmonds Court, and will be available in the newly constructed Larkspur Subdivision No.4 to the east. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Kennedy Lateral runs along the southern and near the eastern boundary of the property. The portion of the lateral along the southern boundary is tiled and impacts the proposed rear yards of the buildable lots and possibly the aesthetics of the development. 2. Hazards: Noted above. 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Office and Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). Office designations are meant to provide opportunities for low- impact business areas. Sample uses include office, technology and resource centers and ancillary commercial uses if part of a larger business park area. 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. Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 3 EXHIBIT A The proposed preliminary plat includes three (3) office lots and twenty (20) single-family lots on approximately 4.52 acres. The small office complex is meant to buffer the future single family homes from SH 69 and the more intense commercial development to the south. The residential portion of the development has a gross density of 4.44 units to the acre consistent with both MDR land use designation and UDC density requirements of the requested R-8 zone. Further comparison reveals the subject property is either surrounded by properties designated office or developing with medium density residential, zoned R-8. The properties to the east and north are developing with densities consistent with the proposed subdivision. Because this property and the surrounding properties are designated with similar land uses and the underlying zoning coincides with the designated land uses, staff finds that the requested zoning and proposed plat comply with the Comprehensive Plan. Staff also finds the following Comprehensive Plan policies to be applicable to this application and the proposed use of this property (staff analysis in italics): • Require that development projects have planned for the provision of all public services. (6.02.O1B, Chapter 6, page 84) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: - The lands are currently being serviced by the Meridian Fire Department (MFD). - The lands are currently being serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. - The subject lands are currently serviced by the Meridian School District #2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee-supported, services are available from the Meridian Building Department, the Meridian Public Works Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Republic Services. • Require usable open space to be incorporated into new residential subdivision plats(3.07.02A, Chapter 3, page 55) Since the plat is under the S acre minimum, the UDC does not require compliance with the common open space and site amenity standards set forth UDC 11-3G. However, the Kennedy Lateral runs through the proposed development and impacts the property near the eastern and southern boundaries. A majority of this area will be platted as common lots. Staff recommends that these common lots be enhanced by constructing a S foot wide asphalt walkway through the common lots (can we call out lot a block). Further, the Lateral impacts the buildable area on Lots 3-9, Block 1. Staff recommends this area be included as a common lot so the required irrigation easement area is adequately maintained by the HOA. The recommended asphalt walkway could be extended along of the back of the lots 3-9, Block 1 (south boundary) to provide connectivity to the pathway required along Meridian Road, the future office park and the adjacent commercial development to the south. Further, the submitted landscape plan does not call-out what plant materials are proposed for the common lots that contain the tiled waterway. The applicant should work with the irrigation district and accepted plant list so that these areas can be landscaped to enhance the quality of the development. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 4 EXHIBIT A • Provide a walkable community through good design (Chapter 2, page 13). See analysis above. • Support a variety of residential categories (low-, medium-, medium-high and high-density single- family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter 3, page 54). The proposed plat is intended to be an extension of the surrounding Larkspur Subdivision. The surrounding area is developed with a mix of larger single family lots and transition to smaller single family lots. Based on the lots sizes and the density developed in the vicinity, staff is of the opinion the requested R-8 zone allows for a mix of housing options within this area of Meridian. • Permit new development where urban services can be reasonably provided at the time of final approval and development is continuous to the City (Chapter 3, page 45). City services must be extended by the developer. Since the existing home may remain and be part of the development, it must connect to city services as well. Currently, water and sewer is available to serve the property. • Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.) (Chapter 3, page 54). Street buffer landscaping is required adjacent to Meridian Road and the future local street adjacent to the office complex in accord with the standards listed in UDC 11-3B-7C. Further, a 20 foot wide landscape buffer is required between the office uses and the residential uses in accord with tlae standards listed in UDC 11-3B-9C. Fencing shall comply with the standards listed in UDC 11-3A-7. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter 3, page 48). A stub street is provided along the eastern boundary of the property. The submitted plat indicates this stub street will be extended to provide access to the proposed office park and the residential lots. Edmonds Court will continue to serve as the primary local street access for the existing residence which provides an outlet to Meridian Road as well. No direct lot access to Meridian Road is planned for this property, consistent with the standards set forth in UDC 11-3H-4. • Require screening and buffering of commercial and industrial properties to residential use with transitional zoning (Chapter 3, page 53). The off ce designation is proposed to provide a transition between SH 69 and the commercial property to the south. Typically, an office complex develops with a mix of lower intense commercial uses thus providing a transition between commercial and future residential uses. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads (3.03.02N, Chapter 3, page 48). The office portion of the development abuts commercial development at the south boundary. Since access is limited adjacent to SH 69, staff is of the opinion the cross access should be granted to the southern commercial development. This would require a smaller office foot print on Lot 10, Block 1. If cross access is granted, staff believes internal connectivity would increase as well as restrict the need for further access to Meridian Road when the commercial property to the south redevelops. Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 5 EXHIBIT A For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): LIMITED OFFICE DISTRICT (L-O) -The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. MEDIUM- DENSITY RESIDENTIAL DISTRICT (R-8): -The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the L-O zone. Table 11-2A-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 and UDC 11-2A-6 for the L-O and R-8 zoning districts. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tablel 1-2B-3 and UDC 11-3B-7C for the L-O zoning district. Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11-3B-8C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings and UDC 11-3C-6B for the office park. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION (AZ): The applicant has applied to annex and zone 5.34 acres of land from RUT in Ada County to the L-O (Limited Office)(1.71 acres) and R-8 (Medium Density Residential)(3.63 acres) zoning districts. As discussed above in Section VII, the proposed zoning is consistent with the FLUM designation of Office and MDR. A preliminary plat for a small office park and asingle-family residential development is also proposed with the annexation request. Conceptual building elevations for the residential homes and the office buildings are shown in Exhibit A.4. Further discussion on the elevations is provided below. The annexation legal description submitted by the applicant, included in Exhibit C, shows the boundary of the property proposed to be annexed and zoned contiguous to the existing boundary of the City of Meridian and within the Area of City Impact boundary. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 6 EXHIBIT A Development Agreement: The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops consistent with the Comprehensive Plan, the preliminary plat, and conceptual building elevations, staff recommends a DA as a provision of annexation in accord with the provisions included in Exhibit B. PRELIMINARY PLAT (PP): The proposed preliminary plat consists of three (3) office lots, twenty (20) residential lots and three (3) common lots on approximately 4.52 acres of land in the proposed L-O and R-8 zoning districts. The proposed gross density for the residential portion of the subdivision is 4.44 dwelling units per acre is consistent with the proposed R-8 zoning district. Phasing Plan: The proposed project will develop in two phases. The first phase will be the residential portion of development; followed by the office park. Staff is supportive of the proposed phasing plan. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 and UDC 11-2B-3for the R-8 and L-O zoning districts. Since the L-O lots are not required to meet a minimum lot size the proposed office lots meet the dimensional standards of the L-O zone. Per UDC Table 11-2B-3, a 35-foot wide landscape buffer is required adjacent to Meridian Road (SH69), a 20-foot wide landscape buffer is required adjacent to the residential uses and a 10-foot wide landscape buffer is required adjacent to S. Bartlett Avenue. The submitted plat complies with the aforementioned dimensional standards. Future development of these lots will be reviewed with future certificate of zoning compliance applications. The twenty (20) residential lots must comport to the R-8 dimensional standards set forth in UDC 11-2A-6. After reviewing the submitted plat all of the lots appear to comport with these standards. However, several of the buildable lots (Lots 3-9, Block 1) along the southern boundary are impacted by a 55-foot wide Kennedy Lateral easement that may affect the buildable area of the lots. In the applicant' narrative they contend that the homes submitted with the application will fit on the proposed lots along this boundary. Staff recognizes the design constraints for this portion of the proposed development but feels that the applicant should provide, at the public hearing, some assurance that these are viable lots (e.g. - an exhibit showing how structures could be situated on these lots and what size footprint is available on these lots). Irrigation Easement: An existing irrigation easement (55 feet wide and not entirely on this property) in favor of the Nampa Meridian Irrigation District (NM1D) runs along the vast majority of south boundary and near the east boundary. A portion of the easement near the east boundary will be contained in common lots (Lot 3, Block 2 and Lot 2, Block 1) maintained by the homeowner's association and has minimal impact on the adjacent buildable lots. However, the southern portion of the easement affects seven buildable lots (Lots 3-9, Block 1). In the narrative from the applicant, they confirmed a meeting with NM1D to discuss the requirements of the District. Based on these conversations, some encroachment into the easement area may be allowed through a license agreement however, NMID requires the applicant to maintain an 18- foot gravel access road along the backside of the buildable lots without any fencing blocking access. Staff has not received comments from the District regarding the submitted application. As proposed, the applicant shows each of the above mentioned lots with a portion of this easement in the rear yard. Staff will allow this layout, provided the applicant is able to obtain a license agreement from the irrigation district to develop a portion of the easement area with fencing and landscaping. If the license agreement is not obtained, and the plat is approved as proposed, the future homeowners will be unable to fence-off a portion their property into the easement area, and each homeowner will be responsible to maintain the easement area that is part Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 7 EXHIBIT A of their property. Further, the future homeowners will be paying taxes on property that they cannot customize as their own. To avoid this staff recommends that 20 feet (measured from the existing fence along the south boundary of the site) of the easement area (access road) be placed into a common lot so that the maintenance road required by the irrigation district along the south boundary would be owned and maintained by the HOA rather than separate property owners. NOTE: If the license agreement allowing encroachment into the irrigation easement is not obtained, the applicant will have to redesign their plat to create the recommended common lot and ensure the lots along the southern boundary comport to the R-8 dimensional standards. It appears the applicant would lose a buildable lot if a common lot is required as recommended by staff. The applicant could design these lots with shared driveways which allow the applicant to reduce the lot frontages of these lots to 40 feet with a minimum 4,000 square foot lot. Access: As mentioned above, an existing stub street is provided along the east boundary of the subdivision. This roadway will be extended with the development of the site. Further, Edmonds Court is an existing street that provides a Meridian Road access and access for six (6) lots. Staff is supportive of the public street access for the residential portion of the development. The office portion of the development will also take access from a local street (W. Barlett Avenue). The submitted plat shows that several of the lots will take advantage of cross access (Lots 11 and 12, Block 1). During the CPAM public hearing, Council raised the question regarding cross access with the Mussell Corner Subdivision which abuts the office park on the south boundary. Currently, the Mussell Corner development has been granted a temporary access to Meridian Road until the nursery redevelops; then this access must be closed. Council was concerned that the parcel developed with the nursery would be land locked and request a variance for an access to Meridian Road. However, this parcel has been granted cross access with other parcels platted with the Mussell Corner Subdivision. To ensure another access point is not requested along Meridian Road, staff recommends the applicant redesign a portion of the office park and grant cross access the to the Mussell Corner property to the south. If cross access is granted, staff believes internal connectivity would be enhanced and future access to Meridian Road would be unnecessary when the commercial property to the south redevelops. Access to the office park must comply with the access to street standards set forth in UDC 11-3A-3. With the development of Lot 10, Block 1(CZC), the recorded cross access agreement must be submitted. Further, the cross access agreement should also address cross access between Lots 11 and 12, Block 1. If the applicant complies with the recommended condition, staff is supportive of the internal connectivity. Existing Structures: As mentioned above, an existing home will remain on Lot 10, Block 2. If the home is to remain, city ordinance requires connection to urban services (water and sewer). Further, several outbuildings span several of the proposed buildable lots. The outbuildings must be removed from the property since there is no primary use associated with it and they do not comport with the R-8 setbacks. Staff recommends the applicant remove the existing outbuildings and connects the existing home, located on Lot 10, Block 2, to urban services (sewer and water) in accordance with Meridian City Code Titles 9-1-4 and 9-4-8. The existing well and septic system must also be abandoned. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. The landscape plan is deficient the required 35-foot wide landscape buffer adjacent to Meridian Road and the 10-foot wide landscape buffer adjacent to S. Bartlett Avenue. The street buffer Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 8 EXHIBIT A landscaping is required to be installed in accord with UDC 11-3B-7C. In addition, the UDC requires a 20-foot wide landscape buffer between office and residential uses. The submitted plat complies with the required buffer width however the landscape plan does not provide details of the required plant materials. The landscape buffers are required to be installed in accord with UDC 11-3B-9C. Open Space and Amenities: Since the plat is under the 5 acre minimum, the UDC does not require compliance with the common open space and site amenity standards set forth UDC 11-3G. However, the Kennedy Lateral runs through the proposed development and impacts the property near the eastern and southern boundaries. A majority of this area will be platted as common lots (Lot 3, Block 2 and Lot 2, Block 1). Staff recommends that these common lots could be enhanced by constructing a 5-foot wide asphalt walkway through the common lots. Further, the Lateral impacts the buildable area on Lots 3-9, Block 1. If these areas are included in a common lot and maintained by the HOA (as described above) then the asphalt walkway could also be extended along of the back of the lots (south boundary) to provide connectivity to the pathway required along Meridian Road, the future office park and the adjacent commercial development to the south. Further, the submitted landscape plan does not call-out what plant materials are proposed for the common lots that will contain the tiled waterway. The applicant should work with the irrigation district on accepted plant list so that these areas can be landscaped to enhance the quality of the development. Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The Kennedy Lateral nms along the southern portion and near the eastern boundary of this site. The lateral has been piped on the south side and the exposed lateral near the east boundary must be piped unless waived by City Council. Existing Trees: There are a lot of existing trees on the property that may need to be removed with the development of the property. The submitted landscape plan states tree mitigation is not required. The applicant should protect all existing trees on the site that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. With the submittal of the final plat the applicant should submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Fencing: The applicant is proposing 6-foot solid fencing for the proposed development. Fence materials have not been specified. Where the buildable lots abut common lots (Lots 3 and 7, Block 2 and Lot 2, Block 1), fencing must either be 4-foot solid or 6-foot open vision. If the common lot is required along the southern boundary as recommend by staff than the same fencing requirements apply. All fencing must comply with the fencing standards outlined in UDC 11-3A-7. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 9 EXHIBIT A Building Elevations: The applicant has submitted sample elevations to depict the style of homes and the office buildings planned for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding, cedar shake siding, and board and batten siding), decorative trusses, decorative corbels and stone wainscot. The design features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. The office elevations incorporate a stucco finish, stone wainscot, variations in roof form, decorative covered entries, exposed timber trusses and modulation in the wall planes. Staff is supportive of the proposed office buildings materials and design features. A recommended DA provision requires compliance with the submitted building elevations. Certificate of Zoning Compliance (CZC): A CZC application is required to be submitted, prior to issuance of building permits, for any of the office lots. Design Review (DES): The applicant is required to obtain approval of a Design Review application for the proposed structures and site design for the office park. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. In summary, Staff recommends approval of the proposed annexation and preliminary plat with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat and Gradin Pg lans (dated: 3 06/27/13) (REVISED) 3. Proposed Landscape Plan (dated: 05/14/13) 4. Proposed Building Elevations (Single family homes and Office) B. Conditions of Approval C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 10 EXHIBIT A A. Drawings 1. Vicinity Map Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 11 EXHIBIT A 2. Proposed Preliminary Plat and Grading Plans (dated: nc i~ 06/27/13) (REVISED) 4gYf-x• l ~..u2 'i1JU-'~•'~w - ncn • c•e. M ~~: ~ «....« I ~ o k . i 'fill ~ _ • , .:~, «."' ~, ~ .,.« .p..... PREU\aNARY PLAT SNC'A1NC JACK'S PLACE SUBDIVISION " LOCATED IN 7HE SCUTNWESi 1/1 CT SECTIDN 17, o-y!_• T.JN., R.IE.. B.u„ 1 MERIDIAN, ADA COUYTY, IDANC ill f 'ry r ~p , i ~ o w , ee....-. Q 1 ' ~~ o 1 9 I ; s o, . o f ~R. .~ ., ~ ,~,.e., 1_ ~ w ..~~ ,~, ~ ,• ~ , a ~f~ ' • ~. i Jf7 .._, ...er•w e~.Zw `o. m m m ~ I~ f ~ • • o ~ r,...w , o ~,.,..~ r ~" ~ iu ? 1 wrz l ` am, ~ t f~ ~ tt~~ ~- ~~ ~ S h-H `.~ g ~a~e~ I ~`•"~ - Mf"Tfu ~~2n ~EY~E .. ~ c' ~ ate-. . y ~ ~; R~IIS c ,,. w n - W U .:r • • 4r~ one xn ~ar M.vr¢~u •t saf.K ll ~ ~ } -'. °..k• zC'~o Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 12 EXHIBIT A i ~J > -f ~ ' ~ I f, ~ ~ ~ ~~ ' 1 ~ ~ ~ ~ ~ \ _ ._ - j f _~_ l~,\ r' ~ : f i - .~ i ~ - :- f ! ~ i _. ..._ __ .." I ~ ~ ~ ~ I .. f ~ - -- ---~ I ~ i ~ i I f I ~ 1 ~i ~r .,.~ ~~ ~ .. - T-- ~ i 1 f [~ a ,~~ ' i ~ i _ ~~ ~ ~., u f ,: ~ _ Il i ~ ~ 7 - ~ ~ }I I ~I K ~ ;- ~ t ~ , F H :, .. ._r • 1. 1 f i ~ , i - -i !. n . i n f a ( ~ f ._ _ - _. I ~-~.. ~ ~ , ~. I ~ . ._ -- _. - _ _. .. pp ~ _~ __ __ .__ __.-_._ _.___._-.__.__ __ ~ _ __.__ -_ r, __.__ __ __._ ._ .; __ . . __, . S E5"9'01" E 58 ,~ '-- Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 13 EXHIBIT A 3. Proposed Landscape Plan (dated: 05/14/13) /~f ~ L'10!LDIC~uI!!t1 _ i' ~I PRELIh!INARY PLAT SHOIWNG JACK'S PEACE SUBDIVISION ° LOCAIC3 IN THE SOU'M'>rEST 1/1 GF SECTION TA, u~-m LSN.. R.1 E. -.IA., h!EFt1O1AN, FDA COUNTY, 117AHO 1 1 ...~ YICMTY MAP t;~ .; ~: ;~ ,.,~', t' I ~`_ ' ~t~q ~~, „err •r ~p ~ ~~s~. ~ Trr..s' ~i1`°S'RWnM Ynw se,ram~w OmOiII~N/f11LLImT> ~ -_._ ~. PLANT SgEDUL6 r~~~ ~.; .., ~.... ,.. >w~...y. LEGEND TntLD~~b6d->~x1 •.••~.•~ .•IG-. fDL'D IC~EIIIChG45 HLL GYf.YJ __ PRELMINARY DEVELOPMENT 4/bT~BCAPE~-~LCI~X A~10~ _ FEATLWE9 ' .°"' a "a"h'o°w w"°'' ,... e~.w,w wiDL+r.~.~er:m--....~u:.~L re•r . raLe~e~~rie~ w.a.wroNCrn w~.w.w~n w+cw..r.a M11H~WiW.~---fN NI'Nltt nTN~t.ecwVp'W Y.rLI LANSCAPe NorEs :'~~ ~~~..~ ~~S'"~~.~.i-~~. .rte. N,OC.~L•TtIR~A • • • WLH bq •• L •^ M•.MIWI Tti Ly~ • ^ • • ~° ~~~g~ ~xa ~~7~ ~, yT a . gFa~' >o;~°~i ~Zn ~~~ Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 14 PRE-PLAT - LANDSGAPE PLAN EXHIBIT A 4. Proposed Building Elevations (Single family homes and Office) ~'~. ~tl u Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 15 EXHIBIT A ., Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 16 ` `-. ~ ~t ~a / t Y' , .lei+^iC4.' ~'kxl .-~:~~!~`J[ ..4.~fy~ ~~. ~.. EXHIBIT A EXHIBIT B -AGENCY & DEPARTMENT CONDITIONS OF APPROVAL 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the amnexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The applicant shall contact the City Attorney's Office 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 annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: A. The applicant shall comply with the submitted elevations (home and office) attached in Exhibit A.4. B. If the existing home on Lot 10, Block 2 remains it shall be connected to City water and sewer service, per MCC 9-1-4 and 9-4-8 with the first phase of development including the abandomnent of any well and septic system. C. Future development of the office lots shall comply with the design standards listed in UDC 11- 3A-19 and the guidelines contained in the Meridian Design Manual. D. Across-access/ingress-egress easement shall be granted to the property to the south (parcel #85915720012) through Lot 10, Block 1 in accord with UDC 11-3A-3A. Further, cross access shall be granted between lots 11 and 12, Block 1 as proposed. A recorded copy of said easement shall be submitted with the first Certificate of Zoning Compliance application for the site or a note added to the face of the plat that references the recorded cross access agreement. E. The applicant shall provide a minimum of X48 16.433 open space for the residential portion of the development as proposed. Common Lot 3, Block 2 and Common Lot 2, Block 1, excluding the portion of the gavel access road within said common lots, shall be landscaped with lawn and a mix of shrubs and or other vegetative ground cover. Evn,~,~--'~ `~~ n i- ed~it# c F E 'a ^''°'* ^^~''-° The applicant's -landscape architect shall submit a plant materials list to NMID for review and approval. The approved list shall be included on the revised landscape plan. S9'Q ~T7~ DIQG1fTi~7i[~~llT~P1ZO4 J[Ii1 ~G~aw. %+Mav , t#e-seu-thy a a eei~eet t#e-Tf~~+~h;'~~~~'~^ ~n r,.,,~_ ..~~;- :.~tu::':" 1.2 Site Specific Conditions of Approval 1.2.1 The preliminary plat labeled Sheet 1, prepared by CK-Engineering, dated 9~1~ 06/27/13), shall be revised as follows: • With the final platting of the office lots include a note on the face of the plat that references the recorded cross access agreement. Cross access shall be provided to the Mussell Corner property to the south through Lot 10, Block 1. Further, cross access shall be granted between lots 11 and 12, Block 1 as proposed. • Prior to signature of the final plat by the City Engineer, the applicant shall: Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 17 EXHIBIT A a. Submit a signed license agreement with Nampa and Meridian Irrigation District (NMID) which allows the Lots 3-9, Block 1 on the south side of this plat to fence and landscape a portion of the NMID easement north of the fence line depicted on the plat. This portion of the easement shall be maintained by the property (home) owner. *° *"° ° °*'' ^ °°'~•'~°° b. The access area within NMID easement, as depicted on Lots 3-9, Block 1 (south of the proposed fence line), shall be maintained by the Jack's Place homeowner's association and noted as such on the final plat. ra ~,,,...~..~;,..,.,.- eiy~ted~t~a~i~ed~'4~=tl~C I~^-"~-"r'';° i„+ i;v ai w.,n ti,. fIi'iTl~iTilliVI1ZV6~1Tr~G'C~~ilYtCRT7IIRII I7G A ' -- ..i., ..,;~~. ~~.,, n Q a;,..., .,i ~~..,,a.,..a~ Prior to the Commission hearing, the applicant shall provide an exhibit showing how future homes could be situated on Lots 3-9, Block 1 and what size footprint is available on these lots. 1.2.2 The landscape plan, prepared by South Landscape Architecture, dated 05/14/13, shall be revised as follows: • Construct a 35-foot wide landscape buffer adjacent to S. Meridian Road in accord with UDC 11-3B-7C. • Construct a 10-foot wide landscape buffer adjacent to S. Bartlett Avenue in accord with UDC 11-3B-7C. • Construct a 20-foot wide landscape buffer adjacent to the south boundary of Lot 10, Block 1 in accord with UDC 11-3B-9C. At a minimum, the required buffer area shall result in a barrier that allows the trees to touch at the time of maturity and include a mix of shrubs, lawn or other vegetative ground cover. • A 10-foot multi-use pathway adjacent to Meridian Road (SH 69) shall be depicted on the landscape plan submitted with firture final plat application. Prior to signature on the final plat, a public pedestrian easement for the multi-use pathway along Meridian Road shall be submitted to the Planning Division of the Community Development Department and approved by the City Council and recorded. • Common Lot 3, Block 2 and Common Lot 2, Block 1, excluding the portion of the ravel access road within said common lots, shall be landscaped with lawn and a mix of shrubs and or other vegetative ground cover. Said common lot shall be improved with a 5-foot wide asphalt pathway. The applicant's landscape architect shall submit a plant materials list to NMID for review and approval. The approved list shall be included on the revised landscape plan. • Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 18 EXHIBIT A • The applicant shall provide a minimum of 448 16,433 open space as proposed. • Fencing adjacent to all common areas shall be constructed as six foot open vision or four foot solid fencing. All fencing shall be installed in accordance with UDC 11-3A-7. 1.2.3 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to City Engineer signature of the final plat. 1.2.4 Prior to developing any of the office lots, a certificate of zoning compliance and design review application shall be submitted to the Planning Division for review and approval prior to issuance of building permits. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 and L-O zoning districts set forth in UDC 11-2A-6 and UDC 11-2B-3. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets unless waived by Council. 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 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. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11- 3B-7C. 1.3.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to easements, blocks, street buffers, and mailbox placement. 1.3.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.11 Comply with all ACHD conditions of approval. 1.3.12 Prior to the issuance of a building permit, the property shall be subdivided in accordance with the UDC. 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 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. 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. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 19 EXHIBIT A 1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.6 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. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service for this development shall be from an extension of the existing main in E. Edmonds Court. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Domestic water mains to provide service to this development will be from an extension of the existing main in E. Edmonds Court, and the newly developed Larkspur Subdivision No. 4 to the east. Per Meridian City Code, the applicant shall be responsible to install water mains to and through this development. 2.3 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 shall 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. 2.4 Any existing structures that are required to be removed shall be removed prior to signature on the final plat by the City Engineer. 2.5 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. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 20 EXHIBIT A 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. 2.6 Any existing domestic wells 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. 2.7 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. 2.8 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. 2.9 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. 2.10 All development improvements, including but not limited to sewer, water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 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. 2.12 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. 2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.15 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. 2.16 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. 2.17 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.18 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. 2.19 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 21 EXHIBIT A shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two .~. 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 applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.24 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 3. POLICE DEPARTMENT 3.1 If required as a condition of the plat, the Police Department supports a portion of NMID irrigation easement placed in a common lot along the southern boundary of Lots 3- 9, Block 1 so that the irrigation easement is maintained by the HOA and does not become a nuisance for the future residences. 4. FIRE DEPARTMENT 4.1 The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic and Advanced Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational fiends to staff the facilities. 4.2 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. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 22 EXHIBIT A 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 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.7 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 as set forth in International Fire Code Section 503.1.1. 5. REPUBLIC SERVICES 5.1 Republic Services has no concerns related to the plat design submitted with the application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no concerns related to the plat design submitted with the application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with the requirements of ITD and the City of Meridian regarding Meridian Road frontage. 7.1.2 Submit to the District a letter from ITD regarding said requirements prior to plans acceptance. 7.1.3 Construct Edmonds Court as one half of a 36 foot local street section with curb, gutter and 5 foot sidewalk, abutting the site. 7.1.4 Construct Bartlett Avenue as a 34 foot local street section with curb, gutter and 5 foot wide sidewalks within a 46 foot wide right of way. 7.1.5 Construct two 25 foot wide driveways onto Bartlett Avenue located approximately 125 feet and 215 feet south of Edmonds Court. (Measured centerline to centerline.) Pave both driveways their full width at least 30 feet into the site beyond the edge of pavement. 7.1.6 Payment of impacts fees are due prior to issuance of a building permit. 7.1.7 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. Jack's Place Subdivision- AZ-13-006 & PP-13-010 PAGE 23 EXHIBIT A 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that inay 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 ACHD 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 ACHD 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 ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD 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 ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD 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 ACHD 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.12 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 ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 24 EXHIBIT A C. Legal Description and Exhibit Map 9awh L~artr~ 5urvcying, LLC _._~ fa; t2.7~31 39881 f~: t2ad} 3~8•S a o5 ~Q7 N. t,~La~n ~;.. t`mrryCtt, 7p 83S! 7 Legai D~sclzpt~art fart' Jack's PPac>e Subtiivsian Cammerc~al Lots hfiay 22, 2Uf3 F~~VE .. CIVAL. BY ~--~ JUN i t zot~ MERIDiA1V f~ll~Li~ '~fOR1SS p~PT". A replat of 2 portion of lot ~ of HdlllafrdS S4+ttdivisian, ~ shown in Soak 33 of Plus, Pag08 2b50~2g59, l~.tla t~aunry f~ecards, wiihin Cavernntent lot 3 of Beckon f9, ~. ~ N., a. 7 ~.. R.M., City of fueridlan, Ada CQ~anty, fdaho, more Isarticularty ttescribed as fotlows: ~arrimencing at ~ found 8luminrn-i cap, rtiart€it-g the W 7th cxuner of said Scotian 39; Thence South f?'S6'09P' West, cair~cideret with the west tine of said Government Lat 3 of Section 49, a destan~ of 982.52 feet to the centerline intersection of Meridian Rand end ~. Edn-ands drive an9 the Pain! of inning: 7i~nce Sciuth 88°59'34' East;•caincident with Said aarrterline of E. Firimands t}nve, 2{}8....74 feet; Them South 0"~02'2t" Y'~'est, 7$4:87 feet to r~ beginning o€a tangent curve: TtrenGe 34.77 feet along the arc of said aurae to the left. with a +eentral angle of 39°5G'42", a radius of SD.00 feet, subtended tsy a chard: bearsng South t5`53'Ot)" Last- 34.tt7 feet: Thence South St7`f 9'39" West, 45.65 feet; Tfsenae Sautti ti°58'Q5" West, i t 8.20 feet to the south line of ! cat 7 d{ ~rnar:ds Su>tdivisian: Thence f~tarth 89'S9't}t" V'lest coincident with the south line a# saie Lot 7 of f;tfmand5 Suridivr$ian, 189,Q2 feat to svrrthwest aarneC of said Government Lot 3; Th$noe hkrrflt p°5<i't39" East, aafncident with seed west line of Gavemrnerat lot 3, a distance of 368.QS feet. to the ~'alttt ail5eginnir>,g; The above descrif~d ttarexl oantains 1.79 acres, more or fens. P:12D73tii3072~fACKS i'I,ACE SUFI - iaAV1= 'Ct<,fRt~1~R4i]rawiry~sgtptiansl?3p~•Cf7MMERCt+4i. EiEV 5-2Z- 93.doax Fags j7 Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 25 T"r~agether whit gnd subject is cawanents, easements and nestrigians of revorcf. EXHIBIT A ~a+~trtclcaitFt Nand 5utvdyiing~ LLG _ _ - ~': 12G8) 39$-8104 F: [2C3$} 338-$ t£)5 ?47 W. INanv 5E. irrr+nvsS. id 83G 17 legal [}escriptfan far ,f~tCk'S t'lace SttbdiviSiort fit+st4ier+tial ~.OfS I~ny2~, 2p'J3 REV Pr~QVAI RY MERIDIAN PUSIJC 1NQI~KS DEPT A replat 4f a portidn of tot 7 Of Edrnonds 5ubdvi~on, as shorn In t3c~ak 33 of plats. Pages 2054-2851, Ada Caunty~ Relxsrds, +~ilhin Taavernmen! tat 3 of Stc#o~ 19. T. 3 f~i., ~. 1 E., f3.tw#., ,City of Merrciian, Ada Gaunty, Idaho, create partieularfy described as fr~ltaws: C~aernsr-tlt~ at a found alumirsum cap, rnarkirlg the W ila Darner of said Section 18; Tfience Sauttt q°56'49" t+yesl, coincident wlda the west line otsaid Gavemeaient Lot 3 of $ectlon 79. a distanr~ r9f 962.52 feed Thence South B8°5f}'34° Sa~st 2x78.74 feattsx the Print oFBegi~niert$; Thence continuiing South 89°59'34'rast, 126:42 feet Thence South 89°34d'S6` East, 283.56 feet to the beginning clf a tangent curve; Theroca 59.441 #~t afartg the arc df said curve io the left; with a certtraf .angle of 33°49'45". a radius of f44-qq feet, subtended by a chord bearfrag North 71'22'2q` Fist, 36.19 febt Thence Swath 3$•33'13" East, 54.23 feet; Thenaa South d?'82'21"Test; 331'.33 feet to the south fin®a# said Governlvlar~t Lot 3;. Thent~ North 69°59'01" West, coincident rhth said scutlt line et GavernmQn3 Lot 3, a dist~re~ ot+t52.4G feel Thence North q'S6'g9' hest. 3 t:B,2q feet; Thtarace;Nonh 54°11'38" rest, 45.46 feet to dhe beginning Hof a Wort-tangent cvrrre; Thanoe 341.?`7' abrtg the arc of said eunre to the right. with a centred angle of 39°50`42". a radius of 50: Qq feet,. subtended by a chtard bearing Nortts 19°33'Qq' West, 314.87 feet; Thence North q°(t2'2t"Pas#_ id34.$1 feet to the Faint of 8~islniie~; Tile above de5cribfld paraat contains 3.631 acres. mare Gr less. 7'ogeth~er witt'1 and subjtvcct to co+rertants, eslseme~tridiprly ofi record. p:~0131~13g2,tAr;dGS PLACE .^stl~ - t)AW~ 13.docar nape IZ REV 5-22- Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 26 EXHIBIT A '' ~t!,r ~ '~i ` r r4 _ r ,; , ~` ~ ~~ ~~.N C rc.~ i . ,ter ~~ a 41'~ fir., ~ f, ,~ ~i~a ~ ~ ,~ ~... ~'.,F ~~.~ ,f l~ 4 1;~Uij y. ~ ~~~~... ~I~~f1 )~alr~V~t ~3ft~-il.~ ~~, Jack's Place Subdivision - AZ-13-006 & PP-13-010 PAGE 27 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, 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 annex a portion of the subject property from RUT in Ada County to the L-O and R-8 zoning districts. The Council finds that the proposed map amendment is generally consistent with the Office and MDR designations for this site. Therefore, 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 Council finds that the proposed map amendment to the L-O and R-8 zoning districts is consistent with the purpose statements for those districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The 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. The Council considered all oral or written testimony provided when determining this finding. 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 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 is in the best of interest of the City (UDC 11-SB-3.E). The Council finds annexing this property with L-O and R-8 zoning districts is in the best interest of the City if the applicant enters into a development agreement. 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 and is consistent with this Unified Development Code; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available and will continue to be provided to the subject property. 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 Jack's Place Subdivision-AZ-13-006 & PP-13-010 PAGE 28 EXHIBIT A City's capital improvement program; Because water and sewer and any other utilities will be provided by the developer at their own cost, the 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; Some services are already being provided to the subject development. The Council finds there is public financial capability of supporting and continuing services to this development. e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. The Council considered all public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff and Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council finds there are no significant natural, scenic or historic features that will be lost with development of the site. Jack's Place Subdivision- AZ-13-006 & PP-13-010 PAGE 29