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Woodburn West AZ 13-003ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 58 BOISE IDAHO 09!18113 D1;45 PM DEPUTY Lisa Batt II I I I II' II II I I II II I II I I III ~ I II IIII III RECORDED-REQUEST OF 11' 1 ~F,1 ~' Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Corey Barton Homes, Inc., Owner Alice Saleen, Owner Dick & Glenda Richards, Owner 3. Heartland Homes, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of~~ -}~;~~ }~~ ~/, 2013, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Corey Barton Homes, Inc., whose address is 1977 E Overland Rd, Meridian, Idaho 83642; Alice Saleen whose address is 1250 W. tlstick Road, Meridian, Idaho 83642; and Dick & Glenda Richards whose address is 3335 N. Cooper Lane, Meridian, Idaho 83642, hereinafter called OWNERS, and Heartland Homes, LLC, whose address is 2358 S. Titanium, Meridian, Idaho 83642. hereinafter called DEVELOPER. RECITALS: 1.1 WHEREAS, Owners are the sole owners, 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 frill, herein after referred to as the Property; and 1.2 WHEREAS, LC. ~ 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS. Owners and/or Developer have submitted an application for annexation of the Property described in Exhibit A, and has requested a designation of Mixed Use - Community District (MU-C) with a Neighborhood Center overlay to Medium Density Residential (MDR), (Municipal Code of the City of Meridian); and T~P,VTI,OPMRNT AGRI;RMP.NT - wOODRURN Wf?Sl~ (A% 13-003) PnG~~: 1 OF 12 1. S WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property witl be developed and what improvements will be made; and 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Coning 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 23rd day of July, 2013, has approved the Findings of fact and Conclusions of Law as set forth in F,xhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refei~•ed to as {the Findings); and 1.8 WHEREAS, the Findings require the Owners and/or Developer to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERS and/or llEVEI,OPEIt 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 Owners and/or 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 Noll-784, and the 'Coning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, inconsideration 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. DEVELOPMENT ACREEMF,NT - WOODI3URN WEST (AZ 13-003) PAGE 2 OF 12 3. IIEFINITIONS: F'or 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, aparty to this Agreement, which is a municipal Corporation and govermnent subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whale address is 33 East 13roadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Corey Barton Homes, Inc., whose address is 1977 E Overland Rd, Meridian, Idaho 83642; Alice Sateen whose address is 1250 W. Ustick Road, Meridian, Idaho 83642; and Dick & Glenda Richards whose address is 3335 N. Cooper Lane, Meridian, Idaho 83642, the parties that own said Property and shall include any subsequent owners of the Property. 3.3 DEVELOPER: means and refers Heartland Homes, LLC, whose address is 2358 S. Titanium, Meridian, ID 83642, the party that is developing said Property and shall include any subsequent 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 Mixed Use -Community District (MU-C) with a Neighborhood Center overlay to Medium Density Residential (MDR), and attached hereto and by this reference incorporated herein as if set Earth at length. 4. USES PERMITTED IIY THIS AGRF,F,MENT; 4.1 I'he uses allouTed pursuant to this Agreement are only those uses allowed under City's 'Coning Qrdinance codified at Meridian Unified Development Code ~ 11-2A-2. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPIVIENT OF SUBJECT PROPERTY: 5.1 Owner and/or Developer shall develop the Property in accaxdance with the following special conditions: 1, Development of this life shall substantially comply with the preliminary plat and landscape plan in Exhibit C which depicts 99 building lots and 16 common/other lots and 3/91 acres of common open space, DEVELOPD~IENT AGREEMENT - WOODBURN WEST {AZ 13-003) PAGE 3 OF I2 2. Pathways are required to be constructed on the site as depicted on the landscape plan with the exception of the pathway that connects to the east boundary of the subdivision to be shifted to the south to align with the existing pathway in Woodburn subdivision. 3. The White Drain, which runs along the west and southwest property boundaries is allowed to remain open and shall be improved uTith a pathway as a linear open space as allowed by UDC 11-3A-6A.2. ~. Vi11VJJ cii~. vv uu~ Lia~ii iS iiiiprv'vcu a8 pair vi ufc ucvvivEx~i~A~~ as a wa~vt aiiieiti~y ~a~ defined by UDC 11-1A-1} it is required to be fenced with a 6-foot tall, 11-gauge, 2" mesh or other construction equivalent in ability to deter access to the ditch, in accordance with UDC 11-3A-6B. .5, The existing home on Lot 6, Bloclc 7 and Lot 6, Block 3 shall be required to hook-up to City Water anti sewer service within 60 days services becoming available. G. The existing home on Lot 6, Block 7 shall be required to take access internally from within the subdivision per UDC 11-3A-3; access to W. UstickRoad is prohibited unless waived bythe City Council. City Coarncil aBpr•o>>ed a i~~aiver• for access to UstichRoad fot• Lot G, Block 7 until such time as the Brope~,tJ~ ~•edeveloBs. 7. The existing home on Lot 6, Block 3 is allowed to retain access to Usticlc Road across the Cooper property via across-access easement in the location of N. Cooper Lane. Upon redevelopment, access shall solely he provided internally from wztlnzi the subdivision in accord with UDC 11-3A-3. 8. Masonry accents shall be applied to a minimum of 50% of the available wall length at a minimum height of 48 inches on the front facades, excluding the garage door openings. 9. Building lots that abut comnrzon open space shall provide additional articulation, windows, colors/banding/znaterial changes (i.e, stone or other appz•opriate material) to provide interest on the rear elevations consistent with the front elevation. 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 Owners and/or Developer or Owners' and/or Developer's heirs, successors, assigns, to comply with Section S entitled "Conditions Governing Development of Subject Property" of this agreezrzent within two years of the date this Agreement is effective, and alter the City has cozxzplied with the notice and hearing procedures as outlined in Idaho Cade ~ 67- 6509, or any subsequent amendments az• recodifzcations 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. DEVELOPMENT AGREEMENT - WOODBURN WEST (AZ 13-003) PAGE 4 OF 12 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement, Owners and/or Developer shall have thiz-ty (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 Owners and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de-amlexation and reversal of the zoning designations described herein, solely against the offending pardon 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. Owners and/or Developer resezve all rights to contest whether a default has occuz-red. This Agreement shall be enforceable in the Fouzth Judicial District Court in Ada County by either the City or Owner and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement znay be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strifes 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 and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or 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. DEV>;LOPMEN'I' AGREEMENT - WOODBIJRN WEST (AZ 13-003) PAGL~ 5 Ol~ 3 2 9. DEFAULT: 9.1 In the event Owners and/or Developer, or Owners' and/or 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 Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 1 Q. RE(~UIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owners' and/or Developer's cost, and submit proof of such recording to Owners and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. Tf 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. 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-S-C, to insure that installation of the improvements, which the Owners and/or Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: The Owners and/or Developer agrees that no Certificates of Occupancy will he issued until all improvements are completed, unless the City and Developer and/or Owners have 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 Owners and/or Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or lus 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. DEVELOPMENT AGREEMENT -- WOODBURivT 1~~EST (AZ 13-003) PAGE 6 OF l2 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 follov~~s: CITY: Ciiy Cierk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 DEVELOPER: Heartland Homes, LLC 2358 S. Titanium Meridian. Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNERS: Corey Barton Homes, lnc. 1977 E Overland Rd Meridian, Idaho 83642 Alice Saleen 1250 W. U-stick Road Meridian, Idaho 83642 Diclc & Glenda Richards 3335 N. Cooper Lane Meridian, Idaho 83642 1 S.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 may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any defacllt, termination or forfeiture of this Agreement. 17. TIME IS OF 1'IIE 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, DEVELOPMENT AGREF,MENT- W001)I3LJEtN wEST(AZ 13-003) P,acr 7 OF 12 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 parfiy so failing to perform. 18. BINDING UPON- ~UCCE~~ORS: 'Phis Agreement shall be binding upon and inure to the benefit of the parties' respective hews, successors, assigns and personal representatives, including City's corporate authorities and their successors in of -face. This Agreement shall be binding on the Owners and/or Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. ivothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale ar alienation shall be subject to the provisions hereof and any successor owner or owners shall he both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners and/or Developer has fully performed its obligations under this Agreement. 19. INVALID Y120VISION: if any provision ofthis Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to 6e excised from this Agreement and the invalidity thereof shall not ai'fect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements; agreements, condition and understandings between Owners andlor Developer and City relative to the subject matter hereof, arzd there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and/or 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 he 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 arld/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 tl~e 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 AGREEMElo1T: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Toning Ordinance in connection with the annexation and. zoning of the Property and execution ofthe Mayor and City Cleric. DEVELOPMENT AGREEMENT- WOODBURNwEST (AZ 13-003) Pnc> 8 OP 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: OWNF,RS: HEARTLANDS' H S, LLC COREY BARYON HOM , ~, ~ ~ '~~" ,; By: _ ~ By: John ~A. La jde tit I ~ i Alice Saleen Dick Richards Glenda Richards CITY OF MERIDIAN Mayor Ta de Weerd ATTEST: ,~~~~~~., ~> , r ~, ~~ JUi C th' of A N*-- ~ow aycee L Holman, City Clerk SLAI- ,~z f ~Yr TRT ~~ DEVELOPMENT AGREEMENT - WOODBURN WEST (AZ 13 - Cc731 PacE 9 OF 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEYELOPEIt: OWNERS: HEARTLAND HOMES, LLC COREY BARYON HOMES, INC. By: John A. Laude By: ~ ~ r Alice 5aleen Dick Richards Glenda Richards ATTEST: Jaycee L. Holman, City Clerk CI'T'Y OF MERIDIAN Mayor Tammy de Weerd DEVELOPMENT AGREEMENT- WOODBURNWEST~ A~ i3 --u~_3 ~ PAGE 9 OF 12 ACKNUWLbllGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: HEARTLAND HOMES, LLC By: UWNERS: COREY BARYON HOMES, INC. John A. Laude By: Alice S aleen AT'I'I<:ST: Jaycee L. Holman, City Clerk f ~ ~~~ rr" s ~ a -... ~ ~ z Dick Richards r "' ~g«d ~ .t i P: ~~`- Glenda Richa~ids CITY OF MERIllIAN Mayor Tammy de Weerd DEVELOPMENT AGREEMENT - WOODBURN WEST {, .~Z ~ 3 -~-3~ Pnc~ 9 OF I2 STATE OF IDAHO, } County of Ada ss On this 4~ day of ~-~~r-, ~c~~-_, 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared John A. Laude, known or identified to me to be the person who executed the agreement on behalf of Heartland Homes, LLC, and acknowledged to me that he executed the same of behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO, ) County of Ada ss '~, ~~ P r,. ~ !~ r Notary Public for Idaho _ 3 Residing at: ~~ ~ ~ ~%~ ~.#~P--` My Cozninission Expires: ~x ~~~ ~J On this ~`~`~ day of ~`~ ~ ~~~~ ~~ , 2t}13, before me, the undersigned, a Notary Public in and for said State, personally appeared ~ z`s~'~~ .~r.-~~-f-~a.; ,known or identified to me to be the person who executed the agreement on behalf of CoreyBarton Homes, Inc., and acknowledged to me that he executed the same of behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wz7tten. (SEAL) } ?y F. ~~_ t~ ~..~ ~ `-..._.~°~ . ,... Notary Public for Idaho Residing at: t~~~`4~M ~~ My Commission Expires: b~., --~i ~ ~i DEVELOPMENT AGREEMENT - WOODBURN WEST (' ~Z [,~ - c'~ 0 3~ PAGE 10 OF 12 STATE OF IDAHO ) . ss County of ADA ) On this ~ day of ~ ~/ , 2013, before me, the undersigned, a Notary Public in and for said State, personal y appeared Alice Sateen known or identified to me to be the person who executed the above agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~;. `~ t° ~; .~' STATE OF IDAHO } County of ADA SS ~ ,fit ~v: G~~ G.v.- My Commission Expires: C~~ -Z.~- 7_el~ On this day of , 2013, before me, the undersigned, a Notary Public in and far said State, personally appeared Dick Richards known or identified to me to be the person who executed the above agreement. 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) Notary Public far Idaho Residing at: My Commission Expires: DEVELOPMENT AGREEMENT - WUUDBURN WE5T C P"Z ~ 3 -~~ '3) PAGE t 1 OF 12 STATE OF IDAHO ) County of ADA ss On this day of 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Alice Saleen known or identified tome to be the person who executed the above agreement. IN WITNESS WHEREOF, I have hereunto set zny hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ss County of ADA ) ~.~' "~ On this day of •~fl'1. , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Dick. Richards known or identified to me to be the person who executed the above agreement. 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 .,' ~ ~ ®T,q ~ ~ Notary Public for Idaho._ ~' ' Residing at: ~~~~~`-~" ~ °~..~` ,p My Commission Expires: ; ~ 9,+.' Ge L ~~ ~' `~a,~ ~' ! D ANO DEVELOPMENT AGREEMENT - VVOODBURN WEST [ ~Z 13_ ~p ~1 PAGE 1 f OF 12 STATE OF IDAHO ) SS County of ADA ) On this ~ day of ~J-C~ , ~/L , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Glenda Richards known or identified to me to be the person who executed the above agreement. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .,• ~,O TA,9y.. , -~~~y s'Av8L1G ~. r4~' '•O rE O F 1 D P~ STATE OF IDAHO ) SS County of Ada ) Notary Public for Idaho ,, Residing at:)~~ CI LCij7, IGJ~ My Commission Expires: ~'~ ~?/(~ On this ~ day of `~e~~ m 1~~/ , 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and aftxed my official seal the day and year in this certificate first above written. (SEAL) Y,' ,~ ~~'S ARp' S' " ~ ary Public for` daho ,,'.~ Residing at: ~~' . la ~ l _~ ~~° ~ r ', Commission expires: n N ~~n I e J • ~ ,pr • I"U>p" ~ ~.sl,a m~ ~nC ~i DEVELOPMENT AGREEMENT - WOODBURN WEST ~ flZ l 3 -OG 3) PAGE ] 2 OF 12 Legal Description ~ zt ~~ IDAHO ~ , ~~° :~ SURVEY ~' GROUP Jbb No. 1'2-130 As~ril 29.2(113 ANN~xAYION ~!_sc€~if~rro~ t~o~ Wac~r~~lJfz~ WES-r sus~ivisiot~ A parcel of Land loco#ed !n tetra SW 114 rat SeCllon 3fi, Tovlltship 4 North, 4~enge 1 West,. Solse hterldien, Ada County, Idaho berg more particularly dpserib4d as follows: Commenr~ng at a brass cap monument mar'-cing lne 51/4 cornsr of saEd Sec#iort 36 from vahich a trrass cap rttortument m&r'rcing the SW corner of said Section 3ti bears North 88°43'02`° West, 2662.28 test; frr~kt; Thence slang the South boundary liars of said Section 38 North t3f3'43'x2" West, 665.3{3 Thom loxwirtg slid South boundary lute N.onh Od°23'2?" East, 141.63 feel to a point on the centerline of a drain ditch as shown on Rocord crf Survrty No. 6931, racardod Jun® 8, 2xx2 ss insirurnont No. 105073795, records of Ada County, ldeho, sA~3 point being the REAL. PC)!NT Ot= BEGIIWNlNC; Thenc® olong said centerline the following 9 courses: Tftortea North 67°t3fi`36" West, 129,84 feet; l"hence North 71°x2'19" West, 75.61 feet; Thence North 66°37'06" Wost, 56.79 feet; Th€~nco North 51°24'x2" West, 66.t1Z feet, 'Thencr~ North 47°2$'41" West. 78.97 fast: T"honce North 38`28'x5" West, 31,2!7 test; Thence North 72°42'55" West, 123,95 feel; Thence North 71°14'14" Wrist, 11 1.+31 {eel; Thence North &8°15'45" Wsst, 67.37 !cant to a point on ti7rs East boundary llttrs of the SW 114 pt tht~ :~I/t' 114 of said Section 36; Thence along said East boundary line South xx°20'14" West, 44x.135 feet to a point on the South boundary lute a1 said Section 36: 'fljeltce alstncJ Bald South bnttndary line North 88°43'02" West, 172.47 feet; Thrsnce IQaving sated South boundary fine fJarth 110"x2'2ti"East, 472.45 feet; Thence North 81°01'42" West, 125,46 fast; ~!1;G P~a~tis~Ritlwrd~ t5ss Pdj.Tt~; a-Plalrina t2•Sa~'~DVarnn,.nts«rnnsaian 4va~~6om S'~ixhn eta 2 dezcrtf t45G Est Y4aterer~tre~ ~. sw,e 13<r Mer~ditn, ffl~o 83b42 Phone (EflGj £t4b hSJt) F:~x tZ08j RB4-53Y9 Woodburn West - AZ 13-003 Tht~nao North 'IQ°45'42" West, ~i59,2f tee1; 'ftreni:e North tYD`t2'S6"East, 188.24 feet to a Point on the North baundary Line a1 the S4^! 7f4 of the 5W 1l4 of said SdcliUn 36; Thence along said tdarfh baundary line Saulh 88°aG'06" East, 471.73 feat to thc~ 5W 1118 corner of said Section $6; Thence along the 1Net baundary lino of thtr NC 'if4 of the SW if4 North 00"20'14" East, 42.76 fe.ot to Che southvrest corner of Sienna creek SubtJvision No, 2 as filed in Hook 9d of F~lalx at Wages 11866 througts 178J6, records of Ada Gauniy, Idaho; °I'hanr~t ainng the exterior bou~ndary+ line of skid Sienna Creels Subdiviafpn 4~0. 2 South 66°66`20" Easl, 667.~l7 fnat (fdrrn~tiy described as G67.47 feet); Thence cat~tir~uing alnt~g z;Aid exterior bnttndary line and the West boundary lino of Wood~~rn SCabdivieian cis filed in Boole 96 of Plats at Pages 11809 through 11871, records of Acfa County, Idaho and the southerly oxit=nsi~rrr ftrereof South 00°23'2T° West, 1203.62 fae~t to the f2EAL POINT Uh f3~rlPltdiNt~. tpnts~ining 25.85 acres, more ar less. G. t3re~gary G, Curler, I~.i„S. 5:VSG praieii.6YR~'r~artlt-18~) BapTO~ofit~ibrN,r t2.19C~~Du+~XiSan".SYyriryt~t`t.,n 4Ve~YJLuun Sut• ia~sc~n ao 2 Asac rti Woodburn Wesi; - AZ 13-003 CITY OI+ 11'IEItID7AN FINDINGS OF FACT, CONCLUSIONS OF LAW ~ ~~',,.~%'`~' n~cxslON ~ oxD~R ' , ` ., ~u ~,~c ir~:ei~c,~- ui use tceiiucsi ic~r a Com[n•ehensive x'ian i'vlap Atuetiiiment to Cltattge the r'ntnre band Use 1Vlalx Designation on 6.8 •~-/ Acres of Land fronx Mixed Use - Contmttttity ~~•itlt a Neighbox•haod Center Overlay to Mediam Density Residential; Annexation and Zoning of 25.8 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of 99 Single-Fa~iIy Residential Building Lots, 2 Lots with Existing Hotxxes, and 14 Cotntnon/Oilter Lots on 25,75 Acres of Land, Located North of W. Usticle Raad, Appx•axitttately'/ Mile East of N. Liudex° Road, by Northside Managmeut. Case No(s). CPAM-I2-007; A7~13-OQ3; Px'-13-00'7 For the City Coxutcil Hearing Date oI'; Jttly 1G, 20f3 (Fixtdittgs on ,Tiny 23, 20f3) A. Findings of Fact 1. Hea~•ing Facts (see attached Staff Report for the hearing date of Jxily 16, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of Jttly 16, 2013, incorporated by reference) 3. Application attd Property Facts (see attached Staff Report for the hearing date of July 16, 2013, incorporated by refcre~~ce} 4. Required bindings per the Unified Development Code (see attached Staff Report fot• the hearing date of July 16, 2013, incorporated Uy reference) B. Conclusio~ls of Law 1. The City afMeridiau shall ea;ercise the powers conferred upon itby the "Local Lalid Use 1'Ianning Act of ] 975," codified of Chapter 65, Title 67, Idaho Cade (I.C. X67-6503), 2. The Meridian City Council takes judicial notice of its Unit"ted Development Code codified at Title 11 Meridian City Code, altd all cur-•e~at zoning maps thereof. The City of Meridian has, by ordinance, established the 1~npactArea and the Amended Cotttprehensive Plan ofthe City of Meridian, which vas adopted Apt•il 19, 20l 1, Resohrtiott 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 co~nme~~t(s} received fi•on~ the governmental subdivisions providing services in the City of Meridian planning jurisdiction. GlTY OF MERIDIAI~T FINI3IlVCxS OF FACT, CONCLUSIONS OF LA W AND DL'CISION ~4t ORUT;R CASENO(s). CPAM-12-007; AZ-I3-003;1'I'-13-007 .~, 5. It is found public facilities and services required by the proposed development will not itatpose expense upon the public if the attached conditions of approval are imposed, G, '1ltat the City has granted an order of aplx•aval in accordance with ibis Decision, which shall be signed 6y the IVlayor and City Clerlc and then a copy served by fine C,lerIt upon the applicant, the Planning Depar~tnent, the Public Wot•Ics 17eparttnent and any affected patty requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report far the Bearing date of July IG, 20]3, incorpat•ated by reference, The canditiatts are concluded to be t•aaanttattta nttrt fttc o~tltlinnltt c.lt.,11 rvlcanl- n nr++ .++~ . .~l[~+:.,,~ „-F ,....~.,,..,,,1 „.F+7.,. r v..uva.aa vAV u.s~a a.AAV tAlJt+aa Vast. E. VAICIAA 11AVVL .J t[Vll left lltt etlleii lJ [rJ [[ liallUlll Vll Vf Utl IJ1V Y4l Vi ~IIV application. A C. Decision and Qrder Pursuant to floe City Council's authority as provided itt Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that; 1, The applicant's request for a Gompral~ensive P[an map amendment is Bereby approved per the attached Staff Report for the Bearing date ofTuly 1G, 2013, attached as Exhibit A. 2. The applicant's request for annexation and zoning is botchy approved per the conditions in the attached Staff Repol•t for the hearing date of July 16, 2013, attached as IJxhibit A. 3. The applicant's request for prelitninaty plat is hereby approved per the conditions in the attached Staff Report far the hearing date of July l G, 2013, attached as Exhibit A. D. Notice of Applicable Titne Limits Notice of Prelnninaty Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall beca3ne mull and void if the applicant fails to obtain fire city engineer's signature on tiro final plat rwithin two (2) years ofthe approval ofthe preliminary plat or the combined preliminary and final plat or shot•t plat (UDC 11-GB-7A), In the event that the development of the preliminary plat is tnadc in successive phases in an orderly and reasonable manner, anti conforms substantially to the approved prelin~it~ary plat, such segments, if sttbtnitted within successive intervals of two (2) years, tray be considered for final appravaI without resubmission For preliminary plat approval (UDC 11~GB-7B). Ulaan wI•itten request and Bied by the applicant prior to the termination of t]te period in accord wifh 11-GB-7.A, the Director t>aay arrthotize a single extension of time to obtain the City l ngineer's signature on the Baal plat not to exceed tt~tfa (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted, 'With all cxtensions, the Director or City Council tnay require the prelintinaty plat, combined preliminary and Bnal plat ar short plat to Comply with the current pt•ovisions of Meridian City Code Titfe 11. If fire above timetable is not met and floe applicant does not receive a time extension, rite property shall be required to go thI•ong11 the platting procedure again (UDC 11- GB-7C). CITY OF MIaRIi)IAN I"INDINGS OF FACT, CONCLUSIONS OF LA1~~ AND DECISIOI\~ c4c ORnIaR CASENOts). CI'AM-I2-007; AZ-13-003; PI'-13-007 _2- Notice of T~~o {2} Year Developrner',t Agreement Duration The development agr•eetnent shall be signed by the properly owner and returned to the City within ttivo (2) years of the City Cotrrreil granting annexation and/or• rezone (LTDC 11-5B-3b), A ntodificatiott to t12$ development agreernerrt may be initiated prior to signature of the agreerrt8nt by all parties and/or may be requested to exteatd the tune allowed far the agreement to be signed and returned to the City if filed prior to fire and of the two (2) year approval period (UDC lI-5B-3I{'), E. i3otice of liinal Acrion and itightto Regulatory Takings Analysis 1. The Applicarrt is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory talcirrg analysis, Such request rxrust be in writing, and must be filed with the City Clerlt riot more Haan fiwertty-eight (28) days after the final decision coneernirlg the matter at issue. A request far a. regulatory takings analysis will toll the tune period wititirr wlriclr n Petition far Judicial Revie4v ~raay he filed. 2, Please take notice that this is a final action ofthe governing body oftlte City ofMet•idiart. When a}?plicable and pursuant to Idaho Code § 67-6521, any affected person being a person ~vho has an interest ni real }}r•operty which may be adversely affected Uy the final action of the governing baar•d rrray within twenty-eight (28) clays afCer the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Cocle, >?, Attached: Staff Report far the hearing date of July 16, 2013 CITY OF' t~~IERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION ~ Oltt)>;R CASE rya(s). CPAM-12-007; AZ-13-403; PP-13-007 -3- l~ By actio~l of the City Council at its regular meeting held on the ~ day of .~,) 2013, _ ~~' ' COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID 7AREMBA COiJNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED 1/~Q /o~- VOTED 1/M,Q_.~ VOI'ED~~-- VOTED~fQ~-- VOl'ED ~^~~ Copy served ~~pan Applicant, The Planning Deparhnent, Public Works Department and City Attorney. 1, ~' cr..- ~ Dated : a ~ ~ ?~ _ C~ 'Ie~k' ' ~.u __~ CI'CY OF MERIDIAN FINDINGS OF FAC`T', CONCLUSIONS OF LAW AND DECISION & ORDrR cAS>:NO(s~. CPAM-I2-007; AZ-I3-003; PP-13-007 -~- ~XiF[IRIT A STAFF Rlal'ORT 1=IEARZNG DATE; July 16, 2013 ~, ~~~~%~ TO: Mayor & City Council. l ~ ~~ ~`~ i~ FROM: Sonya Wattel•s, Associate City Planner 208-884-5533 Brace Freelcleton, Develapnlcnt Services Manager 208-$87-2211 SUBJECT. Woadbnrra West -CPAM-12-007; AZ-13-003; PP-13-007 I. SUMMARY D.CSCRIl'TION OT' APPLI`CANT'S REQY7LST Tl1e applicant, Scott Noriynlci, has applied fo1• an ameitdnzent to the Future Land Use Map (PLUM) contained in tits Comprehensive Plan (CPAM} to change the Land use designation o1i 6,8+/- acres of land from Mixed Ilse - Conlnxulity (MU-C} witlY a Neighborhood Center (N.C.) overlay to Medium Density Residential (MDR), Am~eaation and Zoning (AZ) is also requested of25.8 acres ofland with an R-8 zoning district. A preliminary plat (Pl') for Woadburn West subdivision is also proposed. The PP consists of 99 silagle~family resicletltial building lots, ?_ lots With e~:isting homes, atxi 14 common/other lots on 25.75 acres ofland. x5"ee Section .Th;14r'ruh~sis, for• rtror•e itrfar•nrrrtiora• II. SUMMAR~4r RECOMMLNDATION Staff recommends denial of the proposed CPAM, AZ, and Pp applications based on the Analysis included in Seatiotl IX pe1•tailling to caneeptual building elevations (pg, l 0) and the Findings of Fact and Conclusions ofLaw in k?xhibit l3 of the Staff Report. ~lrote: Stcf 'does Trot object to fire proposed CPtlMcurd PP; lroirerer, because stc~'is Trot recarrrrrrerrdlrrg appro>>al of the A,7 staff also reconrnrerrds derrrcrl of these applications, stlb'ect CPAM AZ and ii'P re Nests. a. Stllttmal•y of Calttrnission Public IIea1•itt~: i. In fat'al': ~icott Noriyuki ii. _In o~~posifiolt: Nonc 711. COIrilnCttflilfi: ~Jf)Tlri Palnm,ii'f~C! 7~II1('7:1 T,F~ACP! i2i~Ir `Z1{latrr~nr rn.u•HennHn.r d IL..~ ~:~lnw.. iv. Writtclt testimony: Petition si~tted b•y residents of Woodburn & Sienna C'reelc Subtlivisiaas; Rielc VVa~tter t•ettresenfitt~ Alice Sateen; Norltt I3roWn; attcl Scott Noriytrlci. v. Staff t~resentiu~; altialication: Soltya Watters yi. Other staff collttttclttin~ on alaplicatian: Bruce Claaftee•ton b. Key Issue(s) of Discussion by Co1n1t1ission: i. Reconlmendatiotk to ACRD of qto ~ si rrs for traffic callnin in ad'acent Wcrotlbttrn Stlbdivisiou; ii. The Cont111issiolt conti~lued the proiect until tits ne~a hearing date in o1•der to allow the applicant adilifinnal time to subntif 4-sitle<l elevations of the Ira ose€l dtivellhl~s; iii. aali atld .design of futltre structures an ilia site. Waodbuin West CPAM-1?_-007; AZ-13-003; PP-13-Of'7 1'AGI; 1 ~,~z-~z>3~T A c, ICe~r Cnn~mission Change(s) to Staff Recaxztnicuclatioit: i. At the at>plicai~t's_caxnanitmettt the Corrunissio~i reeo~tupey~cled masont•y accents be ii, a~.i~toT?~•iate -z~atcrial) to nrovicle_iaatere`tt axi #Ixe A•eaz• elevations coatsistea~t~yith the fe•oait eIeva#io~~s. cl, Outstai~ciiz~ IsSt~C(,s) for City Cou~tcil: T. 'l~~tf'. At)l177t`rilit t'F.nl-P,C1~ ~ [V!-1VPi' ivi TTIIf'. t1..~A..~ fn-• fl,a ~oTRart iyi•niice»fe, fT.e-,f~ (. R1nnSr ... - - _ __- - ~ - S ,~.~ 1Vfet•itlian C`ih~ ~c~incil heaa•tl fl~ese items on ,7uI~~__I_~.,..2_.(_1~A~~.i~ublic hea~•in~~the .~~nci!_~lli•n ec he ~u 'ect C AZ auc1.PP r~et nests. is In favor : Scott Norivizki ~a~~izositintl: Noce -^ Iii: Commentitk~;. Nnne i~ VVrittet~ testintotiv• Sentt Nor.~uki Aa~pliea~lt {in ap•reern ~ S. taff ~•esenfi_'i~~_a~~liaation: Sonya Watfei~s yi. Otl~ei•_staft' commenting; an a~piication: e j~ e r s.•ucs r '1)iscg~~~Qn by Cnt~ncil• i Nnne ~ (~ui~cii Chaia~es to Sta#'fLCr~~~tiilissiaa~_Recnmix~et~tlation 1: None III. PROI'OSl1D MOTION Denial After co~~sidering all staff, appiiea~~t and public testiu~ony, l ir~ove to recommend denial of File Ni~znbers CPAM-12007; AZ-13-003, and PP~'13~007, as presented in the staff report fat the hearing slate of May 16, 2013, far the fallo~vi~tg reasons: (You should state specific reasons for denial.) Aplx•aval After considering all staff, applicant and public teskunony, I move to x•ecnmineud approval of File Numbers CPAM-12-U07; AZ-13-003, and PP-13-007 as presented during the hearing on May 16, 2013, with the following modifications: (Add any proposed modifications,) Cantinuance l inovc to continua lade Numbers CPAM-12-007; A7,-13-003, and PP~13-007 to the liearhig clatc of {insert: contizzued hearing date here} for the following reason{s); (You should state specific reason(s) far cantinuance,) IV, APPI,ICA'I`IOI~I AND :PItOP)JRTX FAC'1'~5 A, Site Adch'esslLocation: The subject property is located naT•th of W. Ustielc Road, app~•oxin~ately'/a mike enst of N. Linder Roacl, in the so~ith~vest'/~ of Section 36, Township 4 North, Range 1 West. V~Ioodbur~~ West CPAM-12-007; AZ-13-003; PP-T3-0()7 PAGE 2 EXI~IT A 13. Applicant; Northside Management 6810 b'airhi117'lace Boise, Idalla 83714 C. Ot~tners: Sagewood Develolxnent Corporation 1056 Shea[•water Lane eagle, ID 83616 Hea[~land biomes, LLC 2358 S. Titanium Meridian, ID 83642 Alice Sateen 1250 W. Usticlc Road Meridian, ID83642 Diclc & Glenda Richards 3335 N. Cooper L[l. Meridian, ID 83612 D, Representative: Scott Noriyulci, Northside Management 6810 Fairhill Place Boise, Idaho 83714 B. Applicant's Statement/Jllstifieatio[~: Pleaso see applicant's narrative far this information, V. PROCESS 1~ACTS A. Tl~e subject applications a[•e for an aniend[nent to the comprehensive plan future land use map, annexation and zoning, and prelimina[y plat request. A public liearinl; is [•equired before the Planninf; ~ Zoning C,ammission anal City Council on this matter, consistent tivith Meridian City Code Title 11, Chapter 5. B. Newspaper notif[cations published on; April 29, a[xl March 13, 2013 (Ca[n[nission); .lone 24, and July $, 2013 (Council C. Radius notices mailed to pa•opertics within 300 feet on: Apri129, 2013 {Conl[nission}; June 20, 201.___,_ 3~Ol1nL'll D. Applicant posted notice on site by: May 6, 2013 (Co[nmissio[l); July 3, 20I3 (Council) Vr. LAND USE A. Existing Land Use(s): This site consists of rural residential/agriculh[ral properties. B. ChFU•acter of Surroundi~lg Area atld Adjacent Lantl Use and Zoning; North: School, zoned R.-4; single-fa[ni[y residences in Sienna Creels subdivision, zoned R-8 South; Rural residential property, zoned RUT in Acia Cot[nty; Usticlc Road 1Jast: Single-family residences in Woodbin•n subdivision; vacant co[m~1e[•cial property, zoned C-C: West: Rural ['esidential/agricultural property, zoned RUT in Ada County C. History of Previous Actions; NA ~vaodburn West CPAM-12-Ot[7; AZ-13-UU3; PP-13-OU7 PAGE 3 rr~~T A D, Utilities: a} Location of sewer: Sanitary sewer to serve phase one and two of the subject property exists directly adjacent to the north in N, A~tfield Avenue in the Sienna Creels Subdivision. Phase three of the development is master planned to sewer, south to tine existing sewer main in Usticlc Roacl, b) Location of tivater; Domestic water to serve the subject site exists directly adjacent to the subject properly ua N, Anreld Avenue, W. Applepine Street, W. Woodpine Street, and in W. Usticlc I~toad. c) Issues or concerns: None E. Physical Features: 1. Canals/Ditches Ta•rigatian; The Coleman Lateral crosses the western portion of this site along the uortlt 17rnrnclary and ilte White I7t•ain rubs along the west and a poI•tion of the south botmdary of the site, There are also several irrigation ditches that crass the site, 2. Hazards; 'The White Draiat which runs along the west and a por•tiau of the south boundary of the site is pr'opased to remain open. and niay represent a clanger' to young children. 3. Flood Plain; Titis property is not within the flood plaits. VII. COIl~I.'ItEIIEN~IVL+' ]PLAN ANALYSIS CITY OF MrRIDIAN CUA~fPRI.iI•ItiNSIVE PLAN POLICIES AND GOALS: Existing; The Comprehensive PIan Future Land Use Map (PLUM) currently designates approximately I K.85+/- acres of land on the western portion of the situ as Medium Density Residential (MDR) and approximately 6.9-~-/- acres of land at the south-east portion of tl~e site Mixed Use -Community (MU- C} with a Neighborhood Cerrtet• (N.C.}overlay. The purpose of the MDR. ciesiguation is to allow smaller Lots for residetrtia] purposes within City limits, Uses may include single-family homes at gross densities of 3 to $ dwelling units per acre. The purpose of the Mi.i-C designations is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric, The intent is to integrate a variety of uses, including residential, and to avoid mainly singly-use and strip cotnmet•cial type buildings. All developments should have a ts~ix of at least three land rise types, Residential uses should comprise a minimum of 20% of the development area at densities gauging from G to l 5 unitsfacre. In MU-C areas where a N.C, overlay is designated, the City seeks a centralized, pedestrian-oriented, identifiable and day-to-day, service-oriented focal point for neighborhood scale development. N.C. designated areas are intcncled to identify a snaximttm walking distance fi•am the core of tIse neighborhood center of/a nano. Neighborhood centers are encouraged to be designed accorditag to the conceptual neighborhood center plats depicted fit Figure 3-4 of the Comprehensive Plan on page 29. Faun design elements should be incorporated into a N.C, development as follows; a} street connectivity; b) open space; c} pathways, and d) residential density that is eight dwelling units per acre or more, See ~1te Cotrrpr~eherlsive Plar~, /~crges 27-29 for' nzor•e ilafol•nraliorr, Proposed: The applicant proposes to change the h"LYTM designation on the southeast portion of the site consisting of approximately 6.9 acres of land from MU-C with a N.G, overlay to MDR tssakiug the Woodburn West CI'Ay(-I2-007; AZ-13-003; PP-13-007 PAGE 4 It;~HIBIT A total MDR designated area 25,75 acres (18.85-/-acres of the site is already designated MDR and ~~iJl stay as such). See ~xlailrit,~..2. The applicant pt•oposes to develop the site with 99 single-family detached ltatxtes resulting itt a grass density of3,92 dwelling units per acre, The proposed density is oottsistetttwith the MDR designation of 3 to 8 dwelling units per acre. If the FLUM change is approved from MU-C to MDR, the proposed development ~vauld result itt a much Iower density than aattieipated in this area (6 to 1 S dwelling units per aat•e in a tttinimtnn at•ea of 20% of the site) and no mi>; of uses. If the FLUM change is approved, the proposed residential homes would be compatible with the acl~aePl}~" .~'t1101P f'A1YIi~V 1ZronP.c ~(1 t~1P. f.ACt 17l Wnnrll,,,rn Cnhrlivictnn ;~t~rl arliar•a~i4 rnrnl rneiAn»fial properties that are designated on the FLUM for MDR uses. There is vacant/uttdevelopecl property to the south and east attd southeast of the site across Ustic[c Road that has frontage an Usticlc }load that would be feasible to be developed consistent with the plan for the MU C dESigitated areas with I~~.C. avet•Iay. A multi-fancily development was recently constructed on the southwest corner of Usticlc ~ Venable and a convenieltee stare/fitel facility/car~vaslt and various comynercial uses a~•e located oat the ttortiteast coiner of Usticlc & Venable within the MU-C1N.C, designated area. Staff believes these uses along with future uses within this area will ultimately provide a niix of uses as desired, .Additionally, because the site does not have street frontage on an arterial street artd gains access tltrattgh existing residential developtttettts (Woodbuttt & Sienna Creels Subdivisions), Staff is of the opinion residential uses may be more appropriate than eomtnercial uses act this site, Therefore, staff is in suppot•t of the proposed change to the Z~LUM. Staff ends the following Comprehensive Plan policies to be applicable to this property attd apply to cite proposed use (staff analysis in r`talies}; ® "Provide far a tivide diversity of housing types (single-fancily, tnodulat•, mobile homes and multi- fatttily arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable far residential development." (3.07.03 B, pg, 56) The fi~rttu•e deveToprneral of single family detached homes era dais site twill provide at~~~neru•laip and reratctl optiarrs for• iradividarals tt~itla var~~irag iraconle levels ire this area of•the City, a "Require new residential development to meet development standards regard%ttg landscaping, signage, fences and walls, etc. (3,05,020) The sarGject development is r•egrrirecl to meet all standca°dr in regard to landsecrpirag, signage, fences, etc. ~ "Require uew residential development to provide pertttanent petitneter fencing, attd fencing to contain construction debris act site and prevent windblown debris from entering adjacent agricultural and other properties," {3,OS.02G} .Sig: f rot tall fencing ea:ists crlorag the r7arflaer•r7 hatmdnry of the site cnacl along floe por•tiora of floe east boanrdcny that charts >'Yoodban7a sarbdivision; a ~ foot tall open cedcn•,ferace is•groposed along the rear lot lines of the renrainder• of floe site, exclarding the. ozrter perimeter boarndar~~ of the Richard and Saleen proper7ies. (See fencing plan inclarded ore the Icnadsccrpe plan,) e "Protect existing residential properties fi•attt incompatible laud use development on adjacent parcels." {3.00.01 F) The proposed single;fcnnily resideraticd development slaoarld lee compatible tf~ith existing adjacent residential and agricarltarrrrl uses, ® "Require pedestrian access connectors in all ne~v development to little subdivisions together to promofe neighborhood connectivit~~ as part of a contntunity pathway system." (3.03.03B} Woodbu~'u West CPAIvI-12-OQ7; A1-13-U03; PP-I3-007 PAC~I S FXI~I[BIT A Tlae a,~pX~ccrrr! is~roposi~~g a peclerh'icm co1~77ecfiorr to fhc~ east fo eorat~eet to a patlnt~cry in i'YoodGzrr~r s2rUdit~is'ior~ ct~~cl to the tro~77~ to floe schot~l j»'<~pert~~ ara~ alnrag i1~e T~l~hile Dr•air~ o» t17e tPest a11d a j~c~rtirnfi of t11e sotrtla hotrn~Iar~~. Ii~ferf~al.,~atl~it~crys are also~r©hosed pr•ovidi~ag 111fB1'C077118Cflt~lf)1 ~C! ~j1~ CC?119111011 Cl7'C'.C1S, S'1•A`[~ REQUIRED COIVIPItEHENSIVEPLAlN ANALYSIS Idaho's counties and cities al•e required by law, Idaho Code 67-6501;, to prepare, implement, review, and update a colnpl•ehensive plan whieli outlines goals and palicies for laud use. fourteen elements which must be addressed Lt the plan are listed in the Code. It is the detailed ordinances that then spell out I1o1v these palicies are to be achieved. The order iu which the following palicies are presented irttplies ilo order or priot•ity. a, Comiiititiity Uesign The purpose of this elelitetit is to ensure a pattern of planned gcowlh res€tlting iii orderly and attractive developments witliiii the City of Meridian. The intended ttse of this property is asingle- family residential development which will integrate well with e~istilig aiid fittttl•e t•esideiitial uses . lEi tl1iS al'ea. b. Population Tlie City of Meridian must ensure that population grotivth is accomtnadated iti ati orderly pattern. Residential and eolnmercial develapinents must be easily served by City hi#i•astructure and public setwices. Necessary services are cturently available to the subject site and should still be available upon development of the site. c. Housing The City of Meridian is cllargecl with ensuring au adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and iticoiiic levels: To accatnplisli this, the plan identifies areas appropriate for residential development and areas slot appropriate< The majority of this site is ah•eady designated for residential uses and the applicant proposes to aliange the Iaud use, dcsignatiou on the remainder of the site to also accolumodate residential uses. d. Economic Development Meridian's eoononiic base has been gradually shifting over the last 20 years from a fati>litig-based economy to a retail, service, aiid niatiu#acturiaig-based economy. During dais time, local policy with regard io the hypes of lands needed to sapport the economic and employment needs of the coliimunity has also changed. The Contpreliensive Plati forecasts the deed to continually adjust the provision of eomtnereial lands iii ordet' to gradually broaden economic opportunity throughout the City. The sul}ject property is currently identified as appropriate for medium deltsity residential uses as well as mimed use catxinitulity €tses, Because the site does not have street frontage oli all arterial street aiid gains access tIn•ough e~.isting residential developments (Woodburn & Sienna Creelc Subdivisions), Staff is of ttte opinion residential uses tilay be snore appropriate fihan cotiitnercial uses on this site, e. Fublic Services, facilities, and Utilities City water acid sewer service is available to the subject property. Once the property is amieled, public services such as police acid ire pt•otectioii will be provided to this property. Wauciburn WesE CPAM-I2-007; A7-I3-003; PP-13-007 PAGE r~zl~zT A f School 1?acilities and Student Transportation The purpose of this elerxrertt is to direct new residential developnlerrt to areas with adequate school facilities and student transportation. No aotnments have bceu received liom the Meridian Seltool District to determine if the school facilities attd student transportation in this area are adequate to serve additional residents. According to the school districts' baundaty rnap, Hunter elementary, Sawtooth middle, and Raclcy Motmtain high schools will serve development on this Site. g. Transl7o-•tation 'Tile purpose of"this element is to promote an ofpcient and safe tra~aspo~•iatlotr system within the City. Because the existing plan for the site is medium de~tsity t•csidential and mired use community with a neighborhood center, Staff is of the opinion the proposed PLUM amendment to meditutt densit~~ residential would not negatively impact transportation within this area oftlze City as it urould roost ]ilcely generate less ttaffic than commercial uses and create less congestion at the intersection of Usticlt Road and Venable Avenue. h, Natural Resources The purpose of this element is to promote cortservatian of areas of natural significance, where aplrropriate. Staff is not aware of arty natural resources that exist on this site that would be impacted by the proposed development. i. Special At•eas Tltr subject amendment does not dit•ectiy impact any lands designated for open space, natural resources, at• scenic areas, nor does the parcel COlltalll ally lfnOwll SignlflCAllt Or sensitive natural r•esotn•ees. j. Hazardous Areas The putl3ose of this elernerrt is to ensure regulation of developt7teut in hazardous areas, such as flaodplairas, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. 1<. Recreation Recreation resources vvitliin Meridian include 18 developed City parks totaling appr•aximately 24-Q acres. The City is in the process of developing new park facilities, The Gity also maintains several pathways. This site is Trot fm•mally designated for recreational purposes, A segntettt of the City's multi-use pathway system is designated across this site, 1, Land Use The Comprehensive Platt Future Laud Use Map is a graphic representation of applicable policies and goals of Mer•idiart's Comprehensive flan. The Map has been prepared to identify suitable areas for fittut•e residential, eomtttercial, and industrial development, The Map is designed fie be a projection of growth patterns for the Gity. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff is of the opitrianthe proposed single-fancily residential use aftlte site is consistent with the existvlg and proposed rnediurtt density residential designation for this site. m. hnplernentation The Gity provides the necessary staff and facilities to administer and enforce the policies artd goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Cornprahonsive Plan and its poIieies thrauglr the Urtihed Uevolopntent Code. The Planning ~c Zoning Commission is also authorized by the Council to review, approve anti make Woaclbw•u West CPAIvl-12-007; t1Z~13-003;1'P~13-007 PAGE 7 ~XZ~)!I31T ~ reconunendations an proposals affecting the publids interest in land tree. The City Council is the ulfimate decisiolt tnaking autho~•ity on most land Ilse applications. n. Property Rights The pul~~ase of this element is to ensure that the land use palieies, restrictions, conditions, attd fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable fhe Cite to cnsttre that any proposed actions Will not result in alt utteonstitutional taking of private property Without due process of lard. Staff believes that tlae requested Comprehensive Pian Land Use Map change would not unconstitutionally violate i11'iVAI"t', Y11•ni~(-li'}t~ t•iCitt4c A naicshhni•linnrl maafit~`s.trae 1,n1r1 r,n Tlo.,n,,,S,<„~ S'~ 7(117 .,F.,.1,;,.1, f,,,,, t"' •---- 1""!'__,/ `.b....,. ~ ...,,~~..., ~ .. ............... ~.,.~, .. .,.., .,....... ...,, /v4v1t1[/Vl is.~ ~v~~ vi rr t,t~tt ~YYv people attended (see sign-up sheet included in application). VIII. ~CTI~1~`IEII DIuVTLOPIVYL+'1~1T COD>C (UllC) A. Purpose Statement of Zone: Per LIDO 11~2A-1, the ptu~~ose of the residential dishicts is to provide far a ralige of housing oppot•tunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allaWable density of dwelling units per acre and corresponding Housing types that can he accolrnnatated within the density range. B. Schedule of Use; Unifzed Development Code (UDC} Table 11-2A-2 lists the principal permitted (P), accessory (A), eoltditional (C), and prohibited (-) uses in the Rr$ zoning district. Airy use not explicitly listed, aa• listed as a prohibited use is prohibited, The proposed use of the property for single-family detached dr~,~ellings is a principally permitted rise in the R-8 zoning district. C. Dimensialtal Standards: Developltteut of the site should be consistent: With the dunet>:siollal standards listed ill UDC Table 11-2A-6 for the R 8 zoning district. D. Landscaping; Stre;ct buf7f'ar landscaping shall be installed iur accordance with the standards listed in UDC Table 1 l ~2t1-6 -far the R-$ zoning district, IJ, Subdivision Design and lmpravement Standards: The subdivision ultist comply With the subdivision design standards outlined in UDC 11-6C-3• F. Ofd Street Parking; Off street parking is required in accord With UDC Table l 1-3C-6 far, sit~~;le- farnily drvelltngs. ~X. ANALYSIS .A. Analysis of Facts Leading fa Staff Recommendation: COr•1PR1;HiJNSI\~~ PLAN IVIAP A11~NDI4IEN'I' (CPAIi~: The applicant proposes to amend the future Iand use Tap (FLi)M) contained in the Comprehensive Plan to charge the land use designation an &.8-F/•• acres of ]and from Mixed Use Community (M[J-G} With a Neighborl~aad Center (N.C.) overlay to Medium Density Residential (MDR) {see Exhibit A.2), Please see the analysis included above iu Section VII and the Findings in Exhibit B below for tnol•e information. ANNiJ<~ATION chi ZONING (AZ): This site is comprised of 25.8 acres of Iand zoned RUT iu Ada County. The applicant proposes to annex the entire ptoperiy with all R-8 2oni~lg district consistent with the existing atld proposed Comprehensive Plan T'utnre Land Use Map designation of MDR. The applicalrt proposes to develop the site with 99 single-family detached residential homes at a gross density of 3 92 dwelling units pei' acre oottsistent With the density desired in R~8 designated areas of between 3 and ~ dwelling units per acre. Single-family detached dwellings are a W~c>dburn West t:PAM-12-00'1; AZ-]3-003; PP-13-007 i'AC3k; 8 ~XHIIIIT A l~rincipaI permitted ttse in the R-8 zoning distt~ict. A preliminary plat was submitted concurretztly ~vitlr the CPAM and AZ request that shows how the property is proposed to Clevelop {see Exhibit A,~I}• The annexatian legal description submitted by the applicant; included ixr Exhibit A.3, shows the baturdazy of the property proposed to be annexed and zoned contiguous fa the existing 6oundaty of the City of Meridian and withizr the Area of City Impact boundary. Developn><etrt A.greetnea#: The City may require a development agreement (DA) its conjunction tivith an annexatian pursuant to Idaho Code section 67-651 lA. To ensure the site develops eonsisterrt ~vitlr rise Comprehensive Plan, the preliminary plat, and dcsigzr guidelines far residential developments, staff recommends a DA is required as a pravisian of annexation in accord with the provisions included in Exhibit B, PRL+'LIMINAR~' I~z,AT (PP): The proposed preluninary plat consists of 99 single-fatraily residetrtial building lots, 21ots with existing homes, and 14 comnrarr lots on 25.75acres of land in a proposed R-8 zoning district. A phasing plan has boon submitted sho«=ing 3 phases of developmen, wifih the development starting on the northeast end of the site (sec Exhibit A.4). Aimensional Standards: The proposed plat and fittttre development is required to comply with the dinretrsional standards of the R~$ zoning district listed iu UDC Table 11-2A-h. Sfai'f has rcvie~=etl the proposed plat and found sever€tl of the proposed lntildiug lots do azot meet the trtininrunt sit•eet ti•otrtage regttiretttetit of 50 feet; fire final plat slaatald comply ~4=lth this standard. Qtltertvise, the 1>roposetl plat catrrplies with the R-$ dimensioxral staattlards. Access: Access is depicted on the plat at the noz•th azrd east boundaries via N, Arrfiekl Avezrue, W. Apple fine Street, and W. Waadpine Street, existing internal stab streets to this property. A stab street is depicted attire «Test boundary oftlre site and to the Saleen and Richard properties for firhu•e extension. No public street access is proposed or• approved via W, Llsticlc Road. The two existing homes ors Lot 6, Black 7 (the Saleen property} and Lot 6, Bloclc 3 (the Richard property), currently tai€e access via W. Ustick Road. T'he Saleen property has fiantago ozt Ustick & those is an easement far the cell tower company to access their facility on the Saleen property via Ustick Road. The applicant requests a waiver from Council to UDC 11~3A~3, «•hicli limits access to arterial streets wirers access from a local street is zvail.tble, fo allow fire Baleen's (attcl the cell fo•sver eotnpany} to retain their existing accesses fo Usficlc until such dime as the property redevelops in the future. A# suelt tune, access via Usticlz will he re- evtrlttated, The Richard property has an easement over the Cooper property to the south to use N, Cooper L,ano to access their property via Ustick Road. Staff does not object to them continuing to use this across, howevez•, upon t•edcvoloppnrent of the property, access should be takcrt internally and the Ustick access cliseontinued, At the request of staff, the applicant has submitted a conceptual street layout plan far adjacetrt properties that depicts comrections to stub streets proposed in the subject plat, internal circulation, and access paints via l~stielc and Linder Roads iti alignment with existing and ftttut•e accesses across Ustick anti Linder. The applicant states the internal rtei~vor•lc tnay change but the primary goal vas to illustrate access points and sewer corrtrection to Ustick Road. existing si~•actw•es: There is a 150-foot tall fitll array cell towez• and equipment bnildiug that exists at the northwest ec»•ner of fire Saleen property that is proposed to remain. Yes UDC 11-4-3- 430.7, new facilities an a property that abuts a residetrtial use and/or public righiwot~way arc required to be set back a trrirrimum of 150 feet. Altltottglr the cell tower already exists, the applicant. has designed the plat to generally catrrply with this requirement. Woodburn West CPAM-12-007; AZ-i3-(103;1'1'-13-007 PAGE 9 EXIHT~3l[T A There ace also tvo existing pontes card associated outbuildings on this site. Atay structure that sloes zaot comply with the setbacks for the R 4 distl•ict WiII need to be retnaveci prior to sigtaature on the tine! plat lay the City Engizteer or the plat will need to be revised to comply. T'he struetitres c~p~~e~rr to zateet the a•egttit•ed setbacks. Pathways; Five-foot wide pathways are depicted an the landscape plan througlaottt the proposed subdivision. 'I`lea landscape plan depicts a pedestrian connection to the east to contract to a pailaway itl WctDdblirza sUbdivlSlOta and to the tlai'flt t0 the SG110a1 pt'aperty. The catntaton area that contaizas the pathway that connects to tlae east should be shifted to the south to aligzt wits the existing pathway in Waadbuz•ta subdivision. A pathway is also prapasecl clang the Ratite Dz•ain ott the west atad a pardon of the south boundary. Pathways are also proposed that provide internal interconttcctivity to the cazntnon areas. )Cxisiittg 'IC`t•ees: There are a lot of existing healthy trees along the west and southwest bottndat•ies ofthe site adjacent to the White Drain that are proposed to retnaht. The applicant should protect all existing trees on the site that at•e greater than four-inch caliper and/or mitigate for the lass of such trees as set forth in UDC l 1-3B-10. Landscaping; Tltez•e are no arterial or collector streets witlaizt or adjacent to this site; therefore, tta sheet buffers are required. Latdscaping is required to be maintained itt accord With the standards listed in UDC 11-3B-] 3C. Conutxxt areas are t•egttired to include a tnittiminu of ozle deciduous shade tree per 8,000 square feet arts) lawn per UDC 11-3G-3E. Based on the total eamttton area proposed of 3.92 acres (or 170,755 squat•e feet}, a minimum of 21 tt•ees are required; 21 tt•ees ate depicted don the plan consistent «rith tlae aforetttentionedraquirement. Landscaping along pathways is required to be provided in accord ~vitla UDC 11-3B-12C. A minimum of one tree is required per 100 linear feet afpatltway. Because of art irrigation easement tluouglt Lot 3, B1oc1< 2 and l~,ats l 9 and 32, Block S, trees are teat proposed clang the pathway in these lots, Tltese lots should be widened a zninizntttat of S-feet to allow trees to be planted outside of the irrigation easement in aceot•d with UDC 11-3B-S7 and I1-3B-12C. Gammon Open Space anti Site Amenities: per UDC 11-3G-3, a tnutiututn of 10% qualified open space is required to be provided its accord with the standards listed in UDC 11~3G-3B. Based on 25.75 acres, the total area of the plat, a zttitaimuzaa of2.58 acres of qualified open space is zegttired. The landscape plan <Ielaicts a total of 3.91 act•es or 15.2% of the site of qualified opera space which meets and exceeds the aforementioned requirement. A minimum of two qualified site amenities are required to be provided in accord •cvith the standards listed in UDC l 1-3G-3C, per 11-3G-3. The landscape plan depicts tlae following site amenities: patltavays throughout the site comtecting to open space areas, adjacent developments, and tlu•augla a linear apart space along the Wlaite Drain at the west bauudaty of #lte site; an additional S% opezt space; tot lot; picnic table; a barbeque; bench; a gazebo; and large comtnan open space areas for sports. '1'he proposed site amenities meet and exceed UDC standards. Sidetivallc: p`ive-taut wide attached sidewalks are proposed adjacent to streets within the proposed subdivision in accord with UDC 1 l.-3A-17. I<+e~aciytg: Six-foot tall fencing exists slang the ztorthern boundary of the site and aIottg the pot•tion oftlte east boundary that abuts Woodbut•za subdivision; a 4-foot tall open cedar fence is proposed along the rear lot lines of the remainder of the site, exchtding the outer pettittaeter boundary ofthe Kiclaard and Saleeta pt•opetties. See tlz~ fer7cingpTcrrr orz Sheet LZ, (1 of the lnraclsccr~e pl~n7. All fencing on the site shall be itastallecl in accord With the standards listed in UDC l 1-3A-7. luoodlnu'n West GPAIvt-12-007; Al.-13-003; PP-13-007 PAGE 10 LEI-~>i137T ,A. Uztlcss the White Draizt will be iznpz•oved as part ot'the tlevelopztzeztt as a watez• amenity, it is recltrired to be fenced with a 6-foot tall,ll-gauge, 2" zzzeslz oz• other construction equivaleztt izz ability to deter access to the ditch, izt accor•tl ~vitlt UDC 11-3A-6B. Watez•ways: 'The Coleman Latet•al crosses the western portion of this site along the riortli bout~daty arzd the White Drain runs clang the west and a portion of the south boutzdary of the site, There are also several irrigation ditches that cross the site. All irrigation ditches, laterals, canals and drains aI'e required to be piped in accord with ITDC 11-3A-6A, unless used as a water amenity or Iinear ope~t space. The applicant proposes to leave the White llrain open and itt~p]•ove it as a Iinear open space with a pathway, Building Elevatiozzs: The applicant ltas submitted eoneeptttal building elevations for the single- family detached structures proposed in tlus subdivision (see Exhibit A.~), Because the concept plans only show the froatt elevations and no floor plans were submitted, staff is unable to determine the quality of development such as if modulation exists irz wall planes, floor plans and z•ooflines to articulate building mass and form; if the duality of design and detail is prese]it on all facades; if there are adequate windows an ctll elevations to provide artioulatioyi and avoid blazilc walls; if there will be a variety of materials and color changes for variety and itlterest an all facades, etc• The elevations depict a mix of materials (3 differenttypes ineludi]tg n~asamy accents) but appear, to have very little (if any} modulation sfz•ucttn•ally in footprint and rooflines, soave are lacking in windows (fenesttation}, and have very little color variety. Design review is net typically required for single-family detached homes; however, the City does encourage single-faaltily detached developments to incorporate the design guidelines contained in the City of Meridian Design Manual ti~rith any subdivision architectural develapntent standards, Staff does not feel it is in the City's best iztterest to cortex this property at this Time with the coztcepttral btriltling elevations propasctl by fhe applicant. Hn~vever', if the applicant satisfacforily adclr•esses the items noted above by sttbntitting floor plans/footpz•izzts & 4-sided elevatiazts (vvith constructiotz materials 1is#cd} of conceptual l3rrlldizzg elevations for the t'tttnt•e homes iu this subtlivrstozz that demonstz•ate compliaztee with the desigzt gtridetizzes cozttaizted in Section )G of the Mez•idiazt design Manual prioz• to the Cozzznzission heaz•iztg, a favorable z•ecozuzztezuiatiozz may lze attaizzecl. Staff is gerrerrrllt1 supportive of the proposer! CPAll2` rurrl PP; Ito]verer, unless t/re corrceptrtrrl hrrilrizrrg ele]~«tinrt.r «re revised rrs »oterl above co»sisfertt it~if/r t/te C~t>>'s rCesfgtt grridelirtes for, rr ;sirrc:~»rl«r dei~eropt»etrrs corm«frterr irr ,S~ectiorr I' q f Elie City p f 11~erirlia» Dc~sigrt M«» rtrrl, staff rs rrot srrp/rnrtive of ar»rterr`rrg the subject pr•opertt~. T/rerefa•e, sta~/f is «tsn »at recor»rrte»drrtg rrppr•ovrrl of t/ie j»•oposerl CPAlf~ & PP. If the «pplicartt approprl«tely «alalresses the c«rrcerns noted rrbone, staff li«s irrctrtrled cartt»reuLs i» Exltib/t B drat »ta~~ be i»r./rrrCerl «s corrrf~tir~rrs of rrpprnfjrrl if fltc~ Cnrirnrissinrr for•rv«r•rls 11'te «pplic«tio»s to G`or»rcll with rr•favor«ble recorrrrtrerrrl«fiorr. X. EXHlI3IT'S A. Drawings/Other l • Vicinity Map 2. Existing & Proposed Futt~te La]td Use Map 3. Legal Description & Exhibit Map for Annexation Area \~l'c~odbuf•n 1~Vest CI'AM-T?_-{}07; AZ-13-bb3; PP-]3-U07 PAGE 1 I Tr1~TTIBTT A. 4. Proposed Prelin~ii~aly Plat (dated: 4119113} ~c Phasing Plan S. Proposed Landscape Plan {dated; 4122/13) 6. Concept~ral Stiilding Elevations _ REVIS>:~,D 7. Conceptual Street Layout Plan for Adjacent PI•operties B. Agency ~~, Department Caaalnents C. Required Findings fi~on~ United Devvlopinont Code Woodburn ~~l~est CP~LM-I2-Q07; AZ-I3-UU3; I?I'-13-UU7 PAGE 12 E~~I:BIT A ~ahi~it A.l : Vicinity Map ujoodbarn V-'est CPANI-]2-007; AZ-13-003; PP-13-007 PACr~ 13 L' ,C1~.11~~rA A Exhibit A.2; Existing ~. Proposed Tufure Lanc! Use N1ap x4~tin~ L~~d U~~s Pt•~+~o~e~ Lnr~d lJs~~ Woodlxn•n West CPAM-12-007; AZ-13-003; PP-13-007 PAGE 14 EST-I~RIT A )~:~hihit A.3: Legal Desc:riptipn 8a exhibit IVIa~] for An~~exafzo~t Area ,~~~~ IC~f~~~ t Y ~`U~}R"Vr~'Y 1t% (u 47I\LJ 41f lU 6s ,lal~ No. 12-t:~0 i~Ni~E}t~41`it~l~i b~5Ct~li'71~fV i'~?~ t1UG~tAt~URh1 WEST Slf>xiC}iViSi{~PI Aprii 29, X013 k parcel aF lnnd lpaais~ in the S1+V 11~ ~f ~eetlsn ~~, '1'(w;ruh-fi 4 North, l#Ort~~ 1 West, t3olse I'vtetldlan, Ads bounty, Ideha being nlot<~} pattlculsrfy d~ascrli~od e=at tvlla'ras: rommencin6 at a brans cap t~rinumsnt rnsr~:tng trr~ .Sit9 Darner etsefd SeotiQr~ 3$ from vrhleh ~ brass nap r~ianutreent tnertinQ the SW corneC of said Section 36 bears iUerth 88°43'02'" West, X662<26 feet; Thence atang the 8ou(h Liotintlaty iitye of said Seitian Ne~th t<3~~4;~`U2" UJs~t, ~6~,~0 t~ic~i; Thanr~.~ IsaYirsg nafd .dot+ih bdrtnc#ary line fdnrth 0{1`Z3'27" East, 141,63 feet to ©paini en the c~nterilne of a drain ditch t+s si}~'n'n 4tr Rscttrc! ~sf sueVe'`f No, 6931, racarded Jutta ~, 294 ~a Ir~siruniani Ncr, ib6073?~li, rewards ~af Add Geunty, Idaho, said point being the REAL i~91NT tll+ [JE~1h9NiN; Thaticb along setd ~:enterlitts the tottovrin~ ~ aot~rses; Tt~stj~s f~fnrth ~~`at~'35" lNest,129<t34 riot; Thence Nnr1h T1°p?`10" 4Vssl, Y~<67 fesi; l'Itenre North ti6°37'06" VVast, 5~<7g fast; 7hance tJarth 51`2~l'L.12" Wosi, £G.4~ feel; ThetSce ~1ar'Ih ~#7'2~'+l1" West, 7x3.17 teak; Th~+nce f~iorth 38°~U'1}5" Vrts~t, 31<~4 #~t; Thence North 72°A2'S5" Vde~t,123<Od feek; Thence North 71°94'14" Wast,117,61 lsel; Thence iVcrrih 69°95'45" lNest, 67,x7 fc~ei i4 a ~ett~t on tho f;as( f~aurtdary tlno od the SW 11/i df the SSA' 11d of e>3id 5ectian aS; Thence niang said East baunt3ary line South 00°2~r'1~4' Vdost, 4"1(1.65 foot to a pair}t on tf~e bUUtti Woun~l~ty lirtie of sel~t 6ection ~ij, Tttatic:s ala~r~ $sld ±~+aaatit bottn~fary iine Pfarth t38"43'02" West, 17~<~17 feet; TtrGncrs faaving sail South bo~rldory tine t+Ic~rih QQ"a~'~H" Ea~St, 472,18 #~et; Thence North 81 °09'42" 1+4+asi, 12~a~$6 {sal; $:~l$O r?~c~els'r214twrdg i8a;: !~i!}~•T4~a-PfpIGn312.13+ht3oc4~rtont.:~nr~~nxat~n tiVoadttrm ~;rr~ •~i~i5n h~ ?dE<orl! i43ta Ens€5'ti'o,r=r~~wsr SF S~~ iaQ N.r~litn, I~t#ro €~~E.~2 f-11Qri~ t6~JFf~ l~#~-£I~Tq irax {Zti9) 8ti4,§3S9 Waodb~rrn Wast CPA1.4-12-007; AZ-13-O(}3; PP-i 3-007 PAGE 15 E~HIRIT A 7hr~r~ea Narth 't4`{tf'4};~" truest, Ea~ai~.21 feat; TheriGe i~iollh X10°12'6'' C;~st, 1 D9.24 feat f©a p4inf an the #do€1ti taoan~tary line of the SVV 11~ of fi3e S1h/ 11~t of aa1cl ~oGilor~r ~6; Thence alany ~alcl iJot"ill tit>urirlary prre Sotffh ~~°~;t~'tl~" f=~p1, AP1.13 tent tp tta SW 1116 ~t?rtt~t 4f :ii•d 8rscliPri 36; Thpnc.~ atahD the lNesl E~aundar~r )lne crf tho N~ 114 csf the SrAI 1f4 Pinrth Ot7'~D'14" EQSt, ~4~.i"~ fe~k to the ~outhr~t~a~t tamer ct""Sienna Creek Sutxfit'islon Nb. ~ ~~ filed Uy ~4ak 60 pt Plinio at 1~agas ~ 1 Bb6 throwgh 't 78i1B, fecordta gt AGE ~44rnty> t~laha; Tlierice a#ang the extertcr baundnry line df said 5iennn CreeK Stthdi'.~lsfon A°c~. ~ Sc~tlth 8D"58'2D" l=ast, 6I57.~17 feat (tr~rrii+rly ~tag~:rik~es~ as C~,~.41 teat); Thr3r~cca aantlrialri~ ~latt~ sa1~1 axleriar baun~iar~,r ilnB Arid lh~ We#r} 1>~u~~la~y flrlr~ ~iI W~aii~ui`n Suhdlvl~i4t1 ~~ filed in t3ao(c 91i of Plats of P~gos 11809 ihraOQ)t 't 911, raeards otAda County. )daf~o anr} thc~ southerly oX#ott`;lon thereat ~otltti fIQ`:~3'2?'° 4Vost, i2lI9.l32 f~4at ka 11~~ R~At. f'rOltJ7' ~f' 1~1w~INtd11~c~, C:n15t;~lrttn~ 2ti.05 sores, more or lees, }~. G. l~~~f~~e (3regary~. Certet, f'.t.,S. S ~15~ rrott~~ 6+Fis~erds 1~~. ~3d/•TOgr~.FtaE6P~ i2~i yiW3acu,i5ea';slriru~eta tun'e51aiJL~ ~r,~ dul~Jlvls~C n tto ~ rJr~aa,di Woodburn West CPAM-12-007; A7~I3-003; PP-13-00? PAGL~ l& ~BI~:` A ayra~xa-n~~v ~x~slr~IT r•~ 1~f~7l~L~l~~~.f~lt~ ~~~S`T ~~'llI'Dl i~I.;Y~~11T LoCAtED ItJ 7NE Sl'I 1l4 i7F SEv'i1CN 3G, T.4N., F<.iYl., fi.ld., MEfc~1,Rfd, R6f, Ct?U13'fY, IDIJiO {fULij~t,}Rtl 15CT SL~L'1143iC+! y6f )LfL J+' r" ~cty I~+Fi [.• iWt Hl I~~r7 {?li3dff Lii tk :1Ll[ ru~nxl iu ,~_~~ t;~,rl~ ~~,, t§7S'45' w # Gi.b7' ~~ A• 9g Vi ~ ~ ~~ii t1:31:1[~~~ ~'~ n H 65'~~'Q2i Y~ b9,62 ~ G~,~"° r;3sr __ Senz:Y .,.,....-.....--.,... H7'G9'38` 'U i~4.fli' ID~I`lo slc~s,vrSTiRTtitgn.~7. ! y ~//' cure r_e ". ~v~yyC,FJR11~lf uai~tt~«t..lt~v~o~r:~z 19~r~]L1 ~'~ ~.~~ l3:il ils7?~ifl WoodUurn West CPAM-12-t)U7; AZ-13-043; PP-X3-U07 PAGE 17 +~XIII~3IT A ~ahii~~it A,4: P~'epused ~'reIiminary Plat (dated: x/19113} Sa Phasing; Plan 1. ~~ t.~ II p tl"-""' 6' ~' PH8t1111tllitl' F'LAT' p0lt .,~I ~L ~' i - - . naonuntt~ tr3~sr Snnoft~si_u,~ '-- P ~ 4 ~ R `r`~.'-~u~. u'S~t R,1'I~,ti mr41' r~l II - -- ~f~ ~~'4H~~}}SLL~~ ~r~`i:-.ice ~=.3'~'=~~~. }Y-"'./~11``4'G:;,~•.~~ o~}~~~ F`}~.~'e, `f ~~~ L!'r'.`~ :Y-i-`t-r-T ~~ IL~~~I- W fgrnt ,~_~' tl~f ,p s~ 1~`~ ~ '~ t, ~ ~ ~i~ q o p~ ~ sn-~ ~° ~ o 4\ ~ • _ ,,,p7i{4`A'=• ,o `~~ ~{}}}... I f ~~.. ~ ^~ .r, ~IW b7,.~A=.'z ' ~ Y f lam` ~ ~~ ARR c~ ~,g I ~ _ t*~+ ~~.~:. ~.t ~,, ~~tz ~ 7~lat_ 4 ___~, ~ r~ r ~~t ~~l' ~1? -.-. ~ ~^d° Ei,.I:~{ .~,~:~ ~...v.~~.~:o.., ..~ 1~ y! ~ z \,:li~ ~ g f D ~ A-7-1,~F.'f~ ~;t- ~ P.f.~oiF7;Mr~iiv.u~`tiK-: K1~ ~ ~ - `~ ,~ } ~`~ ~7 ewrez ''s'z ~.~->~ ~1 ~'~ ~.~'~~' $ '~ .~i:,~ a lt~a~7lLl nli::"~3'L'.xy.'"~"1.12P3A, j ; ~ -- L~rr~:i ~~~ 44 / ~ 1«~ M ~j~~f(~ }- ~ { 1 [ ~ n,.. ~m z -.~ .T ~. ~~'"'~-~- f _ ~~ """'~![a~^.~.% '.1~r-^ <.~-- 0 wy ..~, -____ _ '~jll-i Ery'n~z~Wj; len -'.'~Yr-.. a;:ri esnt `6~= o , :=n _ ~ n z~,1, ,we;.,.ryuri 0 -- - r..uf,tzly r, .n.tn. ~ ~ e ~n ~~yavzl~ - -- 1'.-AfiTLAN09H I.ttc Woodben'n West CPAM-~2-007; AL-]3-(103; PP-13-007 PAGE f8 Exx~~IT ~, I~.xliibit .A,.S: Proix~seci Landscape Ptan (clatecl: 4/22/]3) /1 ~fi£fLA7 • OYEOIALL SfiE P1A11 !R~ °S°T T~ ,um ua ban amta~ N Yss saa r.. •taapu•8 YLLiR R~ AnaaC fatl 7F1L YLdOT tLiC~ tdNnCO.~PB NaP$~ A1Fa Ci.AttTntO I1aPda1{ ~ltt~gLH~I[ll~l ~I~+wf I waapgur~N,tvFSr sunolvls~aN c r ~,<.;~n .u ~~n~~, ~E~x~ 41!J OSt~~tY P~tILCf2EhIIFdf11£d, aum.vrr.! nAts.- m~~ ~~ ,;.~ ~.M ...~..> [df9f&tFkJ:N.i1ftlbatF4 . ug~~,~..._ ..'-ww-~~a~r.nsvr.w.~.. ~~nn33 ~~6~ 1R119CiR/ r ... eii~= ~~ ~J w. n~~$ NM.C.C%.p ~++ wM ~~- .- zF-`.-~` ^n"x'Y v.m. ~ ~ ~~ rr~ t~v.. ww~ -~: 7 ~ v R~t~ - - r~ > ~ ;~,.~.. v.~,~..am~..~., 1lN.MA-P hb~ l ~'~~~~ ~~ ~~~~.4x t~ [fYFCYl. _ Gib. /,,,-~~ V ~~~ ~~ ro ~~'~~r. y F h~N~ -~~ ~ NC , .- Fc' ~ La; ~^1'C~ ~:g ~. ~-.:.: ~ ~_ ~t~~`=~ ~ ~~~~~ n z.l,~.~ ~,~..v, .~}~ '."-~ ~ I BRIO BB11lf ff.p 1PA4 QYla1dLL Gif~O YLAOi; BmO /,~~ an>~m7.u dun Jifll va¢bazaR.vn uumNrb C{~, 3YH ~'••.f~- lLdllC Ct' .».. .•3.'w~ )~L'll{I{j =~:ii.~l~. iii 1 s^asnY••••• -u=rw RR ~~~.v'~ 'k c:-z.. ~~Fro~~ ;~N~~fi}J~ t'r i~=' rrc.-. _ ~ KHicvtw~gpSr. ~~~. j~ I--~ y~~.~m... ,.. WoodburEi 1~es# CPAM-12-4?Q7; AZ-l3-OQ3; P)'-13-D67 p,q~~ ~9 IL;XHIBIT A Woodburn West CPAM-12-007; AZ-13-003; PP-13-007 PAGI 20 EXHIBIT A I~x~~i~~it A.G. Conee~~nal l3nildit~~ Elevafxons ~ R~VIgEI3 Woodburn West CPf1M-I~~007; AZ-}3-003; PP-I3-007 PALL 2t ~e.S A~A~~FI. L }. ry, f tf.f •.fn~~r r is i~.~L@' Waadbua~ii Vlrest GPAM-12-007; AZ-13-003; Pl'-i3-00'7 PAGE 22 T+;~IiIBI7C A ~r~ i~ i31[ b', -------- z= :i -- ~~ ~P Woodburn 4jrest CE'AA~I-12-d07; A7_-I3-dd3; PP-13-d07 PAGE. 23 r~z~rBYT ~ ~<, a~,,;v,. ~~~ +pC"~ r ~~. ~.~ _9 rr~:>iru ~~ ~ ~~ ~lI -~ ~~~~.~ ~ Doll y _. ~,;_ - - ~_ - _- _ ~~~~F = -- __ i _, %~1LI1~ ~ , ~i i~~. ~o ~ - 1~~~- C41aodbtjrn West C:PAM-12-007; A7.,-13-0(13; PP-13-007 PAGE 24 TXFIi>3.~T A. 7. Cottcepttt~l ~"treef Layout Plait for Adjacettt~ Pt•opertics Woodburn West CPAivt-12-007; AZ-13-003; I'1'-13-U07 PAGE 2S ~XHISTT A I3. Agency 8i Dep~ff~txnent Cofnnfeuts ~,.:,... +,. +t,~ l~T.,t,....,~~~Q:,:,,,c l+.,.,,,,,,.,~:~~ ?~}~i[~A~It.•z^:ii€1""ss~a2 ~i`~-aii~" ~~ivs2C~-IH-~^.~"~r~cr? c}ff!-~~~~? ~ .~f~k~-~E)fi'..,1.. „/~ .,#., .,+~ .4'. A ~fF~2f~ ~ii:=i'Fi+:., n +I,..+ .T., ..fs~~~f}-t~'"L~.2.:i' .....mow iii:+l, +i ....,,f..;.....1 .~,:'^ ~,rni--crii~~3f~]~ff$S•-~.arrc:rr=.cnifl-~~-9~l~~lf~ftHi ~E'Sf~;fil~#I~fH}fkf'azcr~-i~c~iii~~ ~.+.. ~~+,,,.+;,.,. ~~ r~~~~b--f°C~f3~t~tC33f~4}t.,, , +,,,. +T.,. A 7~ Wray ., ~ lf=flC'#fla~y--~ff3'4~~'1~•••.5 ;'`'+1,.. „Tt,• Tff~ ~~~tfl# ff ~HiFkkB('~E'if8-1f9~£f~-- ~ ~ I~(ii ~ $ ..'tr~rcazz scinry-cf)fff~i~a...,....f'. .,1 . ,~gi'rzri'srvi~fl-~'}I°-..r......,.... .,.1.,+' ! /~ "Of 1--~~-uric -~....., .,, 6 n ~...,. .. I /,.., 1, PL.ANNINGDLPARTJ1~1~1V'~' l .l A Develaptfaent Agreement (DA} is required as a provision oftlte atfttexation and zoning of this proporry. Pr}ar to the attncxatiott ordinance approval, a DA shall be entered into betweeft the City of Meridian, the property owner(s) at the tune of annaxatiota ordiftattce adoption, attd the deveto}aer. The Applicator shat! contact the City Attorney's Caffice to initiate this process. The IAA shall lae signed by the property o~~~ner and relurtted to the city within t~vo (2) years of the City Couneit granting #lte amtexation and zoning. Currently, a fce of $303,00 shall be paid by tl~te applicant to the CitS~ C1erlc's af~ce prior to commencement at'the DA. 7"Ile DA shall, at tttinimum, incorporate the fallowing provisions: a. Developtnettt of this site shall substantially comply with the preliminary plat and Iandscape plan ita Exhibit A t~~hieh depiars 99 building Iots and 16 eotttu~an/other Iots and 3.91 act•es of catnnton opera space. b. Pathways are redu}red to be constructed an the site as depiered on the landscape plan rvith the exception of the pathway that cotutects to the east battndary af'the subdivision to be shifted to the sotttli to align with the existing pathway in Woodburn subdivision. c. The White Drain, which runs along the west attd southwest property boundaries is allowed to remain open acid shall be unproved with a pathway as a linear open space as allowed by UDC l 1-3A-6A.2. d. Unless the Wlaite Drain is improved as part of the development as a water amenity (as def=ined in UDC 1l~lA-1), it is reelttired to be fenced with a G-foot tall, 11-gauge, 2" mesh or other construction eduivalent itt ability to deter access to the ditalt, in accord with UDC 11~ 3A-6B. e. The existing homes an Lot d, Blacl< 7 and Lot 6, Blaclc 3 shall be j•ec}nixed to haolc-up to City water and sewer service within. b0 days of annexation ordinance approval lay City Couficil. t: The existing home on Lot 6, Blaclc 7 slzali be required to take access inernally fi•onS within the subdivision per UDC l 1-3A-3; access to W. Ustick Raad is prohibited unless «~aived by the City Cottneil. g. The existing I~ota>e on Lot 6, Black 3 is allowed to retain access to Ilsticlc Raad across the Cooper property via across-access easement in the location of N. Cooper Lane. Upon redevelopment, access shall solely be provided internally from within the subdivision in accord with UDC 11-3A-3. . h. M~soni'y accents shall be a~~talied ro a minimum of 50% of the avaihhle wail 1en~th at a Waodberen West CPflh~i-12-007; /tL-T 3-003; PP-13-007 PAGTa 26 E~IHIBIT A i. Bttilcliita Iats that abet eornrnon open space shall provide addi#iot~al articulation, windows, colors/banclitxg/anat~rial changes~i.e. stone ~r otliez• a~ropriats material~to provide ittterast ark the roar elevations consistent with t.lrc I'rant elevations, 1.2 Site Specific Coaaditians ofAppt•oval 1.2.1 Any existing structures on the site that do not comply with the setbacks for the R 8 district will arced to 1>e removed prior to signattrr•e on the final plat by #:Ire City l;ngiszcer or' the plat will need to be revised to comply. 1.2.2 Pat{n~tlav iandsc»s~tinu is t'ennif'e!I to hP ii,cfail[~rl iii a~[tnrr~ ,x~ith I inC' ~ r _ZT~_17 l .2.3 The applicant shall construct all proposed fencing acrd/or any fencing required by the UDC, consistentwitlr the standards as set far•th in UDC I1-3A-'1 and l 1-3A-6J3. 1.2.4 The applicant sha11 provide a rrrinimrrm of 3,91 acres (15.2%) of qualified opera space and site amenities as depicted on the landscape plan in Exhibit A.5 (tot lot play equipment, gazebo, bench, picnic table, barbeque), in accord with the standards set forth in UDC 11-3G-3. 1.2.5 'lire configuration of Lots 12, 16, 20, 33, and 34, Block 5 and Lot 1, Bloclc 6 shall be revised to meet the nriuirnutn street fi•ontage requirement of 50 feet irr the R-8 zoning district. 1.2.G The configuration of Lots 18 and 19, Bloclc 6 shall be revised to meet the rninirnunr street frontage requirement of 1 S feet for each properly sharing a common driveway, per UDC 11-2A- 3B.3. 1.2.7 The common driveway on Lots 18 and 19, Bloclc 6 shall comply with the standards listed in UDC l l-dC-3D for common driveways. 1.2.8 The property steal[ develop in accord with the phasing plan irr Exhibit A.4. 1.2.9 Revise note #3 on the plat as follows, "All lots shall have a permanent easen~eut for public ntilities, street lights, irrigation and Jot drainage over the I0 (ten) feet adjacent to any public street. Except as other•tivise drown, there shall be a S (five} foot wide public utility, irrigation, and Jot drairZaga easemett Tong all itrterior• side lot lines and a 10 (ten~ot wide uub'lie utility, irri_ag tior3, acid lot drainage easement adjacent to all rear lot Jines and alon~llre subdivision boundary ~~-airy-Jot~~a~dj~~~.,+.-,. „r,,;^~ » 1.2.10 Widen Lot 3,131oc1c 2 and Lots 19 and 32, Block 5, on the preliminary plat and landscape plan #'o allow a minimum S-foot wide strip outside of rtes irrigation easement to allow lbr trees to Ue planted irr accord with UDC 11-3B-5.1 and 11-3B-12C. l.3 Geireral Cauditiotrs of Approval 1.3.1 Corrrply with all bulk, use, and development standards of the R-8 zorrirrg district listed in UDC Tab{es l 1-2-A-6, J.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1,3.3 Comply with the provisions for irrigation ditches, laterals, canals arrdlor drainage courses, as set forth in UDC 11-3A~6. 1.3.4 Corrstrnat the pathways and adjoining feneitrg and landscaping consistent with the standards as set for~~h in UDC ll-3A-7A7 and 11-3B-12C r•esJ~eetively. L3.5 Provide a pressarized irrigation system eousisterrt with the standards as set forth in UDC 11-3A~ 15, UDC 11-3B-6 and JV1CC 9-1-28. I,3.d Comply with the sidewalk standards as set forth i~r UDC I J-3A-17. VVoodGnt'tt Wesk CPAM-12-007; A2-13-003; PP-13-Ot)7 PAGE 2'7 r~;xxl<B><T A 1.3.7 Install all utilities eansistentwitll the standards as set Earth in U17C 11-3A-21 and I1-3$-5T. 1.3.8 Construct all off street pa-•l~ing areas consistent with the sfandards as set forth in UDC 11-3C-G far single-family a11d multi-fa111i1y dtivellings as applicable, 1,3,9 Construct the required landscape buffers aonsistellt with the standards as set forth in UDC 11-3I3- 7C, 1.3.10 Collstruat stot7n water integration. facilities that meet the standards as set forth in UDC 1 I-3B- 11 C, .l. l I ~~()114't-'Il(;t' :11~ IIA i'1CWAVG f'(1l1 CYCfP,1'If ~x7~('11 f'1}P. Cf'ATt!', A1`!~C AC k!?f ~t14•tl~ in TTtlf~' 1 1 _~ Q _1'7F 1 ~ _~~-~uS _._.__. ______~_.. _.. ..._~. ».~.... »/.. -..~~,.~..~...~. .~a,..~,,.....,...».......... ..... ....~~..... .,. ,:: ..may... ii .,..s iri, si av~sa.r ., and 11-3B-7C. 1,3.12 Comply with all subdivision design and improvement standards as set forth iii UDC I I-GC-3, including but not limited to cul-de-sans, alleys, driveways, common driveways, easetneltts, blocks, street: buffel•s, anti lnailbo~ placement. 1.3.13 Protect any existing frees oat the subject property that aj•e gt'eater titan fotlr-111011 CalipCl' altdtor mitigate for tl-e loss of St-eli t~'ees as set forth in UDC 11-313-1d. 1.3.14 Comply with all provisions of UDC 11-3A-3 tivith regard to maintaining fhe clear visia-1 triangle. 1.4 Ongoing Colulitions of Approval 1.4,1 The applicant andfor assigns shall have rile canCitntillg obligation to provide irrigatiotl tiler meets fhe standa-•ds as set forth in UDC 11-3B-6 and to install a11d nlailltain all landscaping as set forth in UDC 11-3B-5, UDC 11-313-13 and UDC 11-3$-14. 1.4.2 All common open space and site amenities shall be maintained by an owner's association as set forth itl UDC 11-3G-3F1, 1,4.3 The project is subject to all culrelrt City of Meridian o1•dittallces and previous conditions of approval associated with this site. 1,4.4 The applicantcitldlQt' prope-'ty OWnel' Sllall Ilave t1I1 Ollgoillg Obligatl011 to pl'Une alI trees to a mini1llun) height of sia feet above the ground or sidewalk sIU•face to afford greatet• visibility of the area. 1.4.5 The applicant shall leave an ongoing abligatiall to maintain aII pathways. 1.4.G The applicant has a continuing obi igation to comply with the outdoor lighting provisions as set forth in UDC 11-311.11. 1.4.7 The applicant and/ar praperty owner shall have an ongoing obligation to Inaintaitl all lEUldsaaping acid constructed features within the olear vision triangle consistent with ille statldal•tls in UDC I1- 3A-3. ,I.S Process Conclifiolts of Approval l .5.1 No signs are approved with this appliaatio-1. Prior to installing an}~ signs on the property, rile applicant shall submit a sign pertllit application consistent tivith the standards in UDC Chapter 3 Article D alld receive approval far such signs. 1.5,2 The applicant shall complete all improvements related to public life, safety, and health as set fo1•th in UDC :l 1-5C-313. A surety agreement tray be accepted for other in-provements 111 aCCal'd with UDC I1-SC-3C. 1.5,3 The Anal plafi, and any phase thereof, shall substantially comply with the approved preli-lliuary plat as set fot•tll in UDC 11-G$-302. Vs'oodburn ~~Jest CPAA4-12-Q07; Az-13-003; PP-13-007 PAGE 28 EX>FIIBIT A 1.5.4 The applicant shall obtain approval for all successive phases of the lx•elitninary plat wifihin two ye<u~s csf the siguahu•e of the City Engineer on the previous peal plat as set forth in UDC 11-6B- 7B. l .S.S The preliminary plat approval shall be mill atad void if the applicant fails to either 1}obtain the City Engineer sigrtatut•e on a renal plat wiHtin two years; or 2) gaits approval of a time extensiatt as set forth in UDC 11-6137. 1.5.b Upon instaIlatiott of the landscaping and prior to inspection by Planning Department staff, the applicant shall pt'avicle a written certificate of completion as setfoi-tla in t1DC 11-3I3-3dA. 2. rt_r~>Jrc wows Dt'.r?~t2TMENT 2,1 Sanitary sewer to serve phase Date and tiro of the subject property exists directly adjacent to the north in N. Ataf"ield Avenue in the Sienna Creeic Subdivision. Please tluee of the cleveloptatcnt. shall drain south to tlae existing sewer train in Ustick Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with tlae I?ublic Wot•Ics Department, and execute standard fortes of easements for any mains that are required to provide service. Minimum Dover aver sewer mains is three feet, if covet• frown top of pipe to sub- gr•ade is Tess than three feet than alternate materials shall be lased in coaaformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Domestic water to serve the subject site exists directly adjacent to the subject property in N. An~eId Avenue, W. Applepirte Street, W. Woodpirte Street, and in W. Ustick Road. '1"he applicant shall be responsible to install water mains to and through this developtnetrt, coordinate main size and rotating with Pttblie Wot'ks. 2.3 Off-site sanitary sewer and water trains are proposed to connect phase three of Woodburn West Subdivision to the existing mains in W. Ustick Road. Applicant shall be required to dedicate easements}, for al] public water/sewer mains outside of public right of way. Width of easement(s) shall be determined by rite number oftatilities witltitt said easement. Minimum widths shall be 20-feet wide for a single utility, or 30-feet wide for two, An aII-tiveatlaet• gt'avel access road tivill be required aver said utilities per Standard Drawing Number G2, City of Meridian Supplemental Speci~catians and Drawings to the ISPWC. 2.4 The applicant shall provide easement(s) far all public water/sewer mains outside ofpublic right of way (ittahtde all water set•vices and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for tyro. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard fot'tns. The easement shall be graphically depicted eat rite plat for reference purposes. Submit an executed easement (on the form available from Public Worlcs), a legal description, which tatust itaclude the area of the easement (marked EXHT13l'l' A) and an 8112" x 11"trap with beartings and distances (marked EXIdIIiIT l3) for review. Both exhibits must be sealed, sighed and dated by a Professional Land Surveyor. DONUT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water far the pt'ittaaty source. If a sntfacc or well source is not available, asingle-point connection to tlae culinas•y water system shall be required. If a sitagle-paint connection is utilized, tlxe developer will be responsible for the payment of assessments far the common areas prioa' to signature on the final plat by the City l ngineer. 2.6 All existing structures altar are required to be rentaved shall be p~'ior to signature on the final plat by the City Engineer. ~vat~dlxn~ii West CPAM-12-007; AZ-13-403; PP-I3-007 PAGl; 29 1CX~ICB~'I" A 2.7 All it•rigatinzx ditches, laterals ot• canals, exehzsive of natural waterways, intezsectiztg, crassitxg ar lying adjacent atzd contigtxotts to the area being subdivided shall be filed per UDC 11 ~3A-G. Plans sha11 be aP13.roved by the appropriate irrigationidra.inage district, oz• lateral users association (ditch o~vtxers), with written approval or txan-approval stthmitted to the Fttblic 'UVarlcs 17epat•tznazrt, 1f lateral users assaci<ttiotx approval can't be obtained, alternate pIazxs slzail be reviewed and approved by tIxe Meridian City Ezxgincer prier to final plat signahif•e• 2.8 Any e~,istizag domestic v<=ell system witlaitt this project shall be removed from domestic service per City Ordinance Sectiatx 9-]-4 aEtd 9-4-8 contact the City of Meridian Engineering Departtnetxt at (208}898-5500 far inspections of discozuxectiozx of services. Wells txxay be -used fez' nnn~domestic purposes sucix as Tandscape irrigation if approved by Idaho I~epartnxezxk of Wafiet• Resources Contact Robert B. Whitney ai: (208}334-2190. 2.9 Any existing septic systems witIxitx this project shall be removed fi•onx service per City Ordinance Section 9-I •-4 and 9-4-8• Contact Central District Health for abandonment procedures and inspections (208)3?5-5211. 2• I0 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots coztstructed, road base appz•aved by the Ada County Plighway District and the Final Platforthis subdivision shall be rccar'ded, prior to applying for building permits, 2,11 A letter of credit or cash surety itx the amnunt of 110% will be required for all uneonxpleted fencing, landscaping, azxxenities, etc., prior to signafit•e on the final plat. 2.12 All development improvements, including but not limited to sanitary sever and xvater, fencing, micro-paths, pressurized irrigation and landscapng shall be installed azxd approved prior to obtaining certificates of occupancy. 2.13 Applicant shall be required to pay Public Woz•Ics development plan review, and consh•uetiozt inspection fees, as detet•mined during the plan review process, prior to the issuance of a plan approval letter. 2.14 It shall be the responsibility ofthe applicant to enstu•e that all development features comply with the Americans with Disabilities Aet and the Pair Housitxg Act. 2.15 Applicant shall be responsible for application and cottapliance with any Section 404 Permitting tlzaf may be required by the Army Carps of Engineers, 2.16 Developer shall cooz•dinafie mailbox. locations witlx the Meridian Post Office. 2.17 All grading aT'the site shall be performed in conformance witix MCC 11-12-3H. 2.18 Compaction test results shall be subzxxittecl to flze Meridian Build$xg Department for all building pads receiving etxgineered baolcfill, where footing x~=ould sit atop 1=x11 znatorial. 2.19 Tlxe engineer shall be z`egttit•ed fo certify that tlxe stt•eet centerline clevatiazxs at•e set a nxinimttm of 3-feet above the highest established pear grauzxdxvatar elevation. This is to ensure that the bottonx elevation of the crat I spaces of haznes is at least 1~foot above, 2.20 Tlxe applicants design engineer shall be t•espansible for inspection of all irrigation and/or drainage facility within this project that do zzot fall under tlxe jnz•isdictiott of au irrigation district or ACRD. The design engineer shall provide eea•tifica~ion tlxat the facilities lxave been installed in accordance with the approved design plans, Tlxis cez•tificatian wi11 be required before a certificate of occupancy is issued for any structtu•es within the project, 2.21 At tlxe catxxpletion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. 'T'hese regard drawings must be received and tvoadburu West CPAM-12-007; AZ-13-003; PP~13-{707 PAGE 30 1+~XHIBIT A approved prior to tits issuance of a cet•tification of ocetrpartcy far flay struefttras within the project. 2.22 100 VGratt and 250 Watt, high-pressure sadiunt street lights shall be required on alI pubtie roadways per tlta Cit}T of Meridian Improvement Standards for Street Liglttirtg. All street l iglus shall be installed at developer's expense. Final design shall be sttbtnitted as part of the development plan set for al}proval, wltialt must include rite location of any existing street Iights. Street lighting is xegttirec} at intersections, corners, cul-de-sacs, and at a spacing that does not exceed t{tat outlined in the Standards. The catttxactat•'s wa-'lc and materials shall conform to the ISPWC and the City of Meridian Supplemental Speaificatiorts to tits ISPWC. 2.23 The City of Meridian requires that rite owner post to the CitJ~ a performance surety in the amount of 125% of the total cortstxuctiatt cast for all incomplete sewer, water attd reuse infi•astrtrcture prior to final plat signattu•a. This surety will be verified hyaline itetrt cost estimate provicletl by the owner to the City, The strreiy can Ire posted in the fot•nt of au irrevocable letter of credit, cash deposit or bond, l'leasa contact Land Development Service for mare information at 887-2211. 2.24 The City of Meridian requires that the owner host to the City a warranty surety in rite amount of 20% of the fatal cortsiruciion cast for all cotttpleted sewer, water and reuse ittfrastt•ucture for duration of two years. This surety will be ver}fied by a line item cast estimate provided by tits owner to tits City. The surety cart be posted in the farm of an irrevocable letter of credit, cash deposit or bond. Please aantact Land Development Service for mare information at 88'1-221 l . 3. POLICiG AIJI'AR7~MENT 3.1 Fencing adjacent to all pathways and common areas shall be open vision a}~ to sic feet in height ar closed vision not to exceed four feet in height as set forth in ITDC11-3A-7. 4. FIRr D~PAR'I'r471;NT 4,1 Fina] Approval of rite fn•e hydrant locations shall rte by the Meridian Fire Department in accordance with lrtternational hire Code Section (IFC) 508.5.4 as follows: a. Fire ]hydrants shall Nava tits 4 %" outlet face the mart street or parking Iot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. e. sire hydrant marlccrs shall be provided per Public Worlcs speeifiaations. d. Fire Hydrants shall be placed on cottters when spacing permits. e, Fire lty<h•ants shall nofi have arty vertical obstructions to outlets within 10', £ Fire hydrants shall ba placed 18" above firtislted gt•a.de to the center oftlte 4'/z" outlets. g, Fire hydrants shall be provided to meet the regtriretttents of 1FC Section 509.5. lt. 5l-oty aI1 lx•oposecl or existing ltytla•artts for al} nets eoYtstruction oj• adclltiiotts to existing buildings withiat ~,OOQ feef of Else pt•oject. 4.2 All entrartees, irttarnal roads, drive aisles, and alleys shall have a #tuitittgraditrs of 28' inside and 4$' outside, per Irtterrtational hire Code Section 503.2.4, 4.3 Unsure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.4 hire lanes, streets, and structures (including the canopy height of mature trees) shall have a vortical clearance of 13'6 as sef forth in Tnterttatiottal Fire Cade Section 503.2.1. 4.5 Operational fire hydrants, temporary or pertnanant street sighs, and access roads with Fm all weather surface are required to be installed before eontbustible construatr`an material is hrottgltt onto rite site, as set forth in lrttarnationai Fire Cade Section (IFC) 501.4 cad Meridian atuendrnettt to TFC 10-4 2T, Woodburn West CPAM-12-007; AZ-33-003; PP-13-007 PAGE 31 r~xl~ilR~~ A ~.6 The roadiways shall be built to Ada CoiartY Highway Dist~•iat crass section standards and have a c}eaz• driving sua•facs. Streets less than 26' iii wicltlx shall har'e na oii-strset paining; streets less than 32' in width s}call have parlci~zg only on one side. 'T'hese nieasuren~ents shall be based on the drivable surface dimension exclusive of shoulders. 'J"he overhsad clearance shall be a rni~liinuttt of l3' G". The roadway shall be able to accolnniadate an imposed load of 75,000 GVV~~ as set forth in International Fire Cods Section 503,2,1. and T?3(}3.6.1 and D}03.6.2. 4.7 Tha firs departineut requests that any firttu•e sigualizatian installed as tlae result of the developmexrt afflais project be equipped with Uptisom sensors to ensure a safe and efficient response by fire and smergency medical service vehie}es• The cost of this iustallatian is to be bo~ite by t}te devslapea•. (fvationai Fire i'ratectio~~ Strt 1 i4a Section 5,2.1 1.} ) 5. 1~1'iJIiL,IC SRRVICI;S S•1 Republic Services has no coalanients related to flfis applicatio~i. 6. PART{S DI;PARI'MI;1VT 6. ! The pafihway stubbed at the cast boundary within Lot 3, B1oclc 2 should be shifted to the south to align with the ofF site paflnvay to the east. 7. ADA COtIIVTY HIGHWAY T)iSTRICT Ca~rntrerrtr T7tn~e riot yet beer r•ecei7~ed from ACHD vra this n~~~licc~tiort. Vdooclbtiru Wasf C',PAM-12-007; AZ-13003; PP-13-007 PAGE 32 l+;XHIi3fT A C. Regaix~ecl Fbuiictgs from Utailit*.d Develol~mcnt Coale ~., COMPR~HLNSIVi:PLAN AM~NI)MTN'1' FINDINGS: Upon reaon~mea~datiola fi•otn the Commission, the Council shall ynalce a fEill investigation and sha11, at the public heating, review the appIieation. v1 order to grant a-t aniendn~exlt to the Comprehensive Plan, the Council sha11 nlalce the following findings: a. The proposed anlenthnent is consistent with the other elements of the Comprehensive PIatl. - rte: ~,t~.y ~.uul)c:)t ttllua Ilt2lt the pr[JpUSCQ C%I1t111~85 CC) 1110 I'UIUI'(: Lit11Q Ube 1Vlap al'e CbI1slSCellt with elements of the Comprehensive PIan as detailed in Section VII above. b. The proposed amendnleut trovides an intproved gaide fo filtare growth anal development of the city. The City Cotuleil finds That the Proposal to modify the Future Laud Use Map to allow for single_family residential uses on this site will be eon~patible with existing <uxl future acijacetlt residential uses, c. The proposed anlendnlent is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Cottiptehellsive Plan (see Section VII for detailed analysis). cl, The proposett arnentlliteztt is consistent with tllc Unified 1)e~crelopmetat Code. Tllc City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The arnenclnlent will be compatihle with existing axatl planned sttrrottntling land uses. The City Council finds the proposed amendment will be compatible with existing and future single-family residential uses and uses allowed in the GC zoning district to the east. f. The proposed amendment will not httl•tlen existing and plaatned service capabilities. The Ci..ty Council finds that the proposed amendment would Iltlt burden existing and planned service capabilities in this area of the city, Sewet• and water services are available to be extended to this site. g. The proposed ><r-ap amendmetrt (as applicable} provides a logical juxtaposition of uses that allows suff%cietlt areal to mitigate arty anticipated impact associated with tlxe development of the area, The City Council finds the proposed single-faanily residential development ofthis properly is consistent tivith the proposed snap alnelldnlelrt, will not sigtaiFicantly impact devcloplnent in this at'ea and provides a logical •jllxtapositiou of uses, h, The ln•oposed aluenthneutrs ill the best interest of'the City of Mericliatl, For the reasons stated ui Sections VII and VIII and the subject findings above, the Commission finds that fhe proposed anlendtnent is in the hest interest of the City, 2• ANNIJXATIUN & CONING FINDINGS: Upon recommendation from the Commission, the Council shall make a fiill investigation and shall, at the public hearing, review the appIieation. Itt order to grant amlexation and zolting, the 1Vooclburn West CPAI~4-12-007; AZ-13-(1U3; PP~13,OQ7 PAGE 33 >[1XIFITI3l'I' A Council shall make the following fitxdiugs: a. The map amendment complies with the ~epplicable pravisions o#' the Comprehensive Plan; The Applicant is proposing to annex and zone the subject property with an )~~~ zoning district consistent with the existing aitd proposed MI)it land use designation for this site. Thez•efare, the City Counci[ #inds the amendment is consistent ti~Tith the applicable provisions of the Comprehensive Plan (see section VII above). b. The Wrap amendment complies with the regu[ations autlitiecl for the proposed dist~•ict, snecifica!!v tl~e nurnoce xtafwnent~ a ~ F y .. .. ..__...._. _.._-~ The City Council finds that the proposed map a~nentitnent to the R-8 zoning district and pt•opnsed single-family residential devc;Iopnient of the property is generally cansistetit with tlxe purpose statement of t[te residential district iii that it tivill provide For a range of housing oppo?•tiu~ities consistea~t with the Comprehensive I'Ian. c. The malt amendment shall not be materially de#rimental to the public health, safefy, and ~vel#'are; The City Cattncil finds that the proposed zoning ameizdlneut will taot be detrimental to the public health, safety, or welfare. City utilities wit! be extended at the clpense of the applicant. cI. The map arneudmenf shall not result in an adverse impact upa~i the delivea•y of services Iiy a~iy political subdivision pa•ovi~ling public se>i°viees withiei the City ineludin~, but r-at Limited to, school districts; and The City Cnutlcil finds that the proposed zoning amendment will not result in at~y adverse itr~pact upan the delivery of services by any political subdivision providing servic©s to this situ. e, Tlie anne~:ation (as applicable) istn the best of interest ot'tlte City (ITllC 11~5B-3,I'). The City Council finds annexatia~i of this site is in the best interest of the City, 3. Pl2t;L,mtWARY PLAT TLNDWGS: xn consideration ofa prelimi>;aa~;y plat, combined pt•eliminary and final plat, oy'short plflt, the clecision••mal~ittg body shall make tl-e lollo~ving #ind[ngs: a. The plat is in conformance with the Comprehensive Plaxa; The City Council tads that the proposed plat is in substatitia! compliance with the adapted and proposed Comprehensive Plan in regard to Land use, transpoz•tatian, and eirenlation. Please see Co?nprel?ef~sive PIp» Policies rn?d Gvals, Sectiar? Irll, of the Stcf • RePa?•t for mare i~~formtrtior?. b, Public services are available or can be made available and are adequate to accom~nodatc the proposed developmeut; The City Council finds that public services will be provided to the sub,~ect property upon development, (See Exhibit B of the Staff Report for more details from public service providers.} c. The plat is in confc~rnaance with scheduled public improvements i~~ accoR•d with the Cits~'s capital Improvement program; ~X~)I)1T3YT A Becansc City water and sewer and any other titililies will be provided by the development at their owa cost, the City Council finds that the subdivision will not retl~~ire the expenditure of capital improvement fiends. ci. There is pudic tin,~nciai calaability of snpporth-g ,sex•vices for the propusecl dcvelapxnent; The City Council finds there is public txnancial capability of supporting ser~~~ices for the proposed development. e. The development will not he flefritnental to the pt,blic henith, safety ur general welfare, .antl The eery Council is not aware of any health, safety, or environmental proble~us associated with the plattiu~ of this property. 11.CI~ considers eoad safety issues in their analysis. Exhibit C: Landscape Plan (dated: 4/22/13) „cw~...~'ur:w-rsc WOOOBU RN WEST SU9BIVISION s. w z.^~. a., i i«, e e tm r. +c ~,,...,. c ann, i~ (~ ; t ; ~~~.:. ~Ai1l ' ~~ -~. ~,,,,~, u t~~ i~~, ~, ~I ~ ~8~4 ~w,e PA&A9L'°Y OR~CA/F4T FF~K~^ :r~ei a..a_.u.+a rwx w •rn--.~. WlAl'V1YR1 O~T4 ~m~ ~~ a~M~ r~.~nbw u•b V~-PERT • OVERARL 8RE PLAN r ~~ j~®~ ~ ~ PUNT LtBf', LANUyC4yN Npl'l.$ AND vzaanvta vrreaJ ~,s ti ~~_ ~f~~ [~vn ~rw-SKSMI ~ti ~ Z ® ~ ~-~ R®eW6RY "~~..r- :.T:i Q y~ ~, = ~-_. ~~;.. sic ~..~ ._ we ...... 6S'at:___._..._._ ~y .. o-. .-... L.Vi9 W r kUTE9 __. _ _. .a. ~~ :.r..~n.: ~~ -~. '?•».1?. 6'S1C~. ~- ^SC Q~. ras5,l!+oe4!S, r~.•r.: "LY.~_~.^ .._.._~ ..7s- -.j.~x.. ~r~.xx7~•~_ r.~ 2- maac~s ira M M t+r~ ~v °~s~m ~ ®6B~Y,.L4 Aa9 C.AQA.b Q1ZR R9.AN..7N __.-` ~~ws CQN!!! L1.1 •RD L/A ION DNlAII.ID L~lTW ~YD PI.~NG 1~~ xC7'S°w sr1411: tri LAtABSAP.CNCl0.Ai%1li5• Xo~~ ~ R. ol"1 ~.~^. U.t'3..- ~-.~ ~Yq '-'- ~ .....Ys tm~ -_ :~~w.~. ~..... f''•r ~y(s. 1 ~~~ --° Woodburn West (AZ 13-003) i >G ~FI ~~ ~ ~ i y:n~W w~.e..~ G7 -..~.~.w.«F~.. ~t~ ~ - , °s ~ h i : . ~~, I ~~ ~ ` .~ ~ ~~ , / ~ i ,~ _ _ ,,,~~~yyy ~ y j~• III F41 A. k' ¢'~~`,1 ' 3~: } ~~ I r, r.s~ r.~ w'1Fy .r' ~ ~} 7 I ~,' ~ ~ ~ 11~ ~ c 3,, - ((~ ~~ ~~\ ~I ` rrx so ~ ru uo ~n; ? `~ ~ t -I_. ~rti\--,~ vaFl r srv[nr r, raac~ ~~z ~ ~ I ~ ( ~ ~ k ~; o~ o:s cc ucaraa tir. ~~ ~ ~ ~! s -1 ~ ~G ~ i E I-4 r, ~z~ z, .~\l x J ~! d 1 ~ ~1J E H, 6f~ 7f r~ ~7x ., ~. r _ LAADBCAPE PLAN ~„ ~~ .w ~ ~ 1 - .~ .. " `~ ~ _ r.r x ~c r ew aon rrexr agar. raucaeoara >,rar~ ' ' ~,;.~ „,n»~ .a ~ .,. ~F. r: A}II/ Y7.aN !h?® Dpl AI79 .. ~„ "I 12 ] Woodbu171 ~~~est (A7 13-003)