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Crimson Maple RZ 13-011ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 43 ~, BOISE IDAHO 01116/14 03:39 PM DEPUTY Liea Ball RECORDED-REQUEST OF III IIII'llllllllllllll'llllll Meridian Ciry 114004224 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Crimson Muplc Townhomcs, LLC, Owncr/Dcvclopcr THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this t day of v , 20 l ~- , by and between City of Meridian, a municipal corporation of the State of Idahor called CTfY, and Crimson Maple Townhomes, LLC, whose address is 8312 W. NoHhvew Street, Snite #120, Boise, 1D 83704, hereinafter called OWNER/DEVELOPER. 1. RECITALS; 1.1 WHEREAS, Owner/Developer i the sole owner, inlawand/orequity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" foreach owner, which js attached hereto and by this reference incorporated herein as if set forth imfull, herein after refereed to as .the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-Toning. that the Ownei•/Developer make a written commitirtent concerning the use or development of the. subject Property; and 1.3 WHEREAS,Cityhasexerciseditsstatutoryauthoritybytheenactmentof Seclimr 11-SB•3 of tLe UtdCied Develupntem Cude ("UDC"), whicih authorizes developmentagreements upon the annexation and/orre-zoning of land; and. 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit "A", requesting adesgnation R-;15 (Medium-High Density Residential District) under the UDC and generally describing how the Property will be developed and what improvements wil l he made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridinn Planning 8z Zoning Commission and before the Meridian City Council, as o how'the subject Property will be developed and what improvements will be made; end DEVELOPMENT AGREEMENT - CRIMSON MAPLE It~13-D1 l PACE I OF 9 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Plannng& Zoning Commission, and subsequently before the City Council, include responses of government snhdivisinns providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 3rd day of December, 2013, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developertieem it to bein theebest interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and attheir urging and requests; and 1.10 WHEREAS, City requires the OwnedDevgloper to toter inty a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and. from affected property owners and to ensure. re- zoning designation is in accordance with the amended Comprehensive Plan. of the City of Meridian on April 19.2011: Resolution No. 11-784. and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditionsset fonh herein, the parties agree as follows: 2. INCORPORATION OF RECITAI:S: That the above recitals are contractual and binding and are'incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined.and interpreted as herein provided for, unless the clew contexrof the presentation of the same requires otherwise: .DEVELOPMENT AGREEMENT - CRINISON MAPLE RZr13-Ol l PAGE 2 OF 9 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of lawof the State of Idaho, whose address is 33 Bast Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPERt means :and refers to Crimson Maple Townhomcs, LI.C, whosc address is6312 W. Nodhvicw Strcct, Suitc #120, Boise, Idaho 83713, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 3.3 PROPERTY: means and 7efers 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 re-zoned R-IS (Medium-High Density Residential District) attached :hereto and by this reference incorporated herein as if set forth at length, 4. USES PERMITTED BY-THIS AGREEMENT: This Agreement shall. vest the .right to develop the Property in accordance with [he terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement arc only those uses allowed under City' S Zoning Ordi Hance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: A. Development of this siteshall substantially comply with siteplan, landscapeplan and building elevaliuns, attached heretu as Exb[bit C. B. A maximum of 12 residential units and a management office shallbe constructed bn the site. DEVELOPMENT AGREEMENT -CRIMSON MAPLE RLr13-01 I PAGE 3 OF 9 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings fqr the annexation and zoning ~r it is null and void. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners oP the Property or any other person acquiring an interest in the Property,. fail to faithfullycomply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Perlod. In the event of Owner/Developer's default of [his Agreement, Owner/Developer shall have thit•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 anyauch default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7,3 Remedies. in the event of default by Owner/Developer that Is not cured after nonce as described in Section 7.2, Owner/Developershall bedeemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6309 and 67-6511. Owner/Developer reserves all rights to contest whethera default has occurred. This Agreement shall be enfoicable in tlrc Fourth Judicial District Coutt in Ada County by eillrer City oFOwner/Developer, or by any successor or successors in fitle orby the assigns of the parties hereto. Enforcement may be sought'by an appropriate action at law or inequity to secure-the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes thatare beyond the reasonable control of the party responsible for such .DEVELOPMENT AOIiEEMENT -CRIMSON MAPLE R~13-O tl .PAGE 4 OF 9 performance, which shall include, without limilatton; acts of civil. disobedience, strikes or similar causes; the time forsuchperfomtanceshaIl be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of anydefaplt by Owner/L~evel~per 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 rcmodcs of City: nor apply to any subsequent default of any such orbther covenants and conditions. 8. INSPECTION: Owner/Developer shall, Immediately upon. complet[on of any portion or [he entirety of said development of the Property as required by this Agreement orby City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property: 9. REQUIREMENT FOR RECORDATION:. City shall. record either a memorandum of this Agreement or this Agreement; including all of the Exhibits, and submit proof of such recording to OwnedDeveloper, prior. to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Councll, If for any reason after such recordation, the Ciry Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contanplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein.. I1. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash depgsits, certified check or negotiable bonds, as allowed ender Meridian City Code §I1-S-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City.. 12. CERTIFICATE OF OCCUPANCYz No Cerkificates of Occupancy shall be issued in any phase in which the improvements have not been installed;completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by al l ordinances of the City of Meridian and the Property shall besubject to de-annexation if the ownefor his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions ofCmw, this DevelopmentAgreement; and the Ordinances of the City of Meridian. 14. NOTICES: Any notice desired by the parties,and/or required by this Agreement shall he deemed delivered if and when personally delivemd or three (3) days after deposit in the DEVELAPMENT AGREEMENT -CRIMSON MAPLE R~13-O1 l .PAGE 5 OF 9 United States Mail, registered or certified mail, postage prepaid, return receipt requested, .addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian; ID 83642 OWNER/DE'VELOPER: Crimson Maple Townhomes, LLC 8312 W. Northview Street, Suite #120 Boise, Idaho 83704 14.1 A party shall have the right to change its address by delivering to the other partya written nctificatinn thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commcttccd bctwccn the panics hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, Co 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 artd shall. survive any default, termination or forfeiture of this Agreement. 16. TIME IS OFfiHE ESSENCE: The parties hereto acknowledge andagree that time Is strictly of the essence with respectto each and every term, condition and provision hereof, and that the failure to timelyperform any of the obligations hereunder shall constitute a breach of and a defaultunder this Agreement by the other party so failing to perform. 17. BINDING UPONBUCCESSORSs This Agreement shall be binding upon and inure to the .benefit of the parties' .respective heirs; successors, assigns and personal representatives, including City's corporate authorities and their successors -in :office, This Agreement shall be binding oa he Owncr/Devciopcr of the Property; each subscquait owircr and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject o the provisions hereof and any successor owner or owners shall be both benefited`and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, fo execute appropriate and recordable evidence of termination of this Agreementif City; in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. .DEVELOPMENT AGREEMENT -CRIMSON MAPLE R~13-O1 l PAGE 6 OF 9 18. INVALID PROVISION; If any provision of this Agreement is held not valid by a court of competent .jurisdiction, such provision shall be deemed to be excised from tips Agreement and the,invalidjty thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY; Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement, 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements; agreements, condition and understandings between Owner/Developer and City relative to the subjec[ matter hereof, and there are nopromises,agreements, contlitons or understandnng, either oral or written, express or implied, between Owner/Developercend City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning of he subf ect Property herein. provided for can be modified or amended without the approval of the City Council after the City has conducted public hearjng(s) In accordance with the notice provisions provided for a zoning designation and/or arncndmcnt in fotec at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreemenf shall be effective on the date the Meridian City Council shall adopt the amendment to theMeridan Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk :DEVELOPMENT AGREEMENT -CRIMSON MAPLE Rir13-011 PAGE 7 OF 9 ACKNOWLEDGMENTS IN WTfNESS WHEREOF, the parties have herein executed this agreement nttd made it effective as hereinahnve provided. OWNER/DEVELOPERs CRIMSON MAPLE TOWNHOMES, LLC sy: CITY ATTEST: ALCVST 79 of - ~onxo m ~ SEAL W reyffg ~~ ede TPF A6~p~,py" de Weerd DEVELOPMENT AGREEMENT -CRIMSON MAPLE R~13-lll l ..PAGES OF 9 STATE OF IDAHO, ) ); ss County of Ada, On this day of ~ , 201 hefppre me, the undersigned, a Notary Public in and for said State, personally appeared ~ I .I U~G,I~~-t'"~ known or identified to me to the (~w ne./ of Crimson Maple Townhomes, LLC who signed above and acknowledged to me that he executed the same on behalf of said Corporation. ]N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above writ[/en.~ f (SEAL) ~ \ % ~p7"AR y ~~~ Notary Publi for Idahq,d `~ G -' Residing at: rusL~_ IS ~p ; MyCommission Expires: ~'r~ OF 1~P••°''• STATE OF IDAHO c ss County of Ada ) On tlus~~ day of ~ I~ , 20J, before me, a Notary .Public, personally appeased Tanuny do Weerd and - ~ know of identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year m this certificate first above written. .. {SEAL) ~ ~:~OT;~~ •~ i ~ ~l • , ~ ^ '. ,o~_ ~•' ~ ••.:F IDp ••• IV l~il.L' V ~~ L -~~ Notary Public r Ic)al~o ~~ Residing at: ~~ Commission expires: - ~ r l :DEVELOPMENT AGREEMENT -CRIMSON MAPLER~13-01 l PAGE 9 OF 9 EXHIBIT A LegalDescription i ~~.4~, E~~ca1~u~~v~(:~ ~(rrr~;~(.;rl~9~a~:~ ~~~~~y9('~„(;r~ Comoan Maple Sownhomas Properly Deacrtption A parcel of land sltualedln the Nodheest Quader of the Nodheast Quadar of tierAbn 12, Township 8 North, Range 1 West, Boise Merldlan, Ada County, Idaho,-more padicularty described as folbws: the Nodheasf comer which plat 1s on gle le book 11 of on OIeJn Book 12 of Plats at sin Book 24 0l Plats and Pages nly, Idaho, a dlafanco of 820.00 Thonco South 0°20'30" Eael (tom said Western titrbdlVlslon, s dlate sold Woatern Subdivision, thence s p01nt on d Wee! Rnurlh Rlreet w dlalnnce or a aodherly boundaryol saW most eodherly boundary Iine of said Western lha true point of beginning: bald parcel contains 1.60 scree more or less. 6969 W..6tatt St., 6te, D, Oelae, ID 03703, (208) 046-0937, FAX (200) O4G-0022 to :Crimson Mnple.ItZ-13.011 . CITY OF MERIDIAN ~ ~ ,~ FINDINGS OF FACT, CONCLUSIONS OF LAW ~~~Vl E IDIAN~-- AND IDANG~ DECISION & l)RD)C1Z Lr the Matter of the Request for Rezone of 1.59 Acres to the R-1$ Zoning District AND Conditional Use Permit for aMulti-family Development Consisting of Twelve (12) Residential Units, Located on the East side of NW. 416 Street; .North of W. Maple Avenue, ~y Crimson Maple Townhomes LLC. Case No(s). RZ-13-011i CUP-13-011 Fm• the City Council Hearing Date of November 19,2013 (Findings on December 3, 2013) A: Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November (9, 2013, incorporated byreference) 2. Process Facts (see attached Staff Report for the hearing date of November 19, 2013, incorporated by reference) 3. Application and Properly Facts (see attached Staff Repoit for the !tearing date of November 19, 2013, incorporated by reterence) 4, Required Findings per the !Unified Development Code (see attached Staff Report for the hearing date of November 19, 2013, Incorporated by reference) B: Conclusions of Law The City of Meridian shall exeroise the powers conferred upon it bythe "Local Land Use Planning Act of 1975;' codified at Chapter 65, Title G7, Idaho Code (IC. §67-6503). 2. The'Merldian City Council takes judicial notict5 of its Unified Development Code codified at Title 1 I Meridian City Coi1e, and all current molting maps thereof. The City of Meridian has, by ordinance, established the impact Area and the Amended Cnmpreheisive Plan ofthe City of Meridian, which was adopted April 19, 2011, Resolution No. I I-784 and Maps. 3. The`conditions shall be reviewable`by the City Council pursuant to Meridian City Code'§ 11-5A. 4, Due'consideration has been. given to'tlte comment(s) receivetl from the governmental subdivisions providing services in fl1e City of Meridian planning jnrisiliction 5. It is found public faeilitie5 and services required by rite proposed development will not impose expense upon the public if the attached conditions of approval are imposed:. 6. Thafthe City has granted an order of approval iii accordance with thisDecisioo, which shall be signed by khe Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Plamting Department, the Public Works Department and any affected party reques[Ing notice. CITY OP MERIDIAN FINDINGS OP PACT, CONCLUSIONS Of LAW AND DECISION & ORbER CASLNO(S). RZ•13-411 &CURI3-Otl t 7. That this approval is subject to the Conditions of Approval al I in the attached Staff Report. forthe hearing date of November 19, 2013, incorporated by reference. The conditions ate concluded to be reasonable and [he applicant shall meet sucli requirements as a condrtmu of approval ofthe application: C. Dccisioaand Order Pursilatitto the: City Council's authorityas provided in Meridian City :Code § I 1-5Aand based upon the above and foregoing Findings of Factpvhich arc'hcroiu adopted, it is,ltercby oriacrcd that: 1. The applicanPs request for annexation and preliminary plat is hereby approved per the conditions of,apprnval in the attached Staff Report for the hewing date of November 19, 2013, attachetl as Exhibit A. ll. NoticeofApplicable Time Limits Notice of Two (2) Year Conditional Use Permit Duratioa Ploasc take notice that the conditional uscpcrmil, wlteu period of two{2) years airless otherwise approved by the shall commence the use as permitted in accord with then requirements rset forth in the conditions of approval, sad i commence construction of permanent Footings or stnwfai II be valid for a condttonal use permits that also require platting, the final plat tntist be Engineer within this two (7) year period d: For by the City Upon writteq request au8 filed by the applicant.prior to the termination of the period in accord with 11-SB-5G.1, the brector may authorize a single extension of the time to commence the use not to exceed one (1) hvo (2) year period. Additional time extensions up to two (2) years as determined and approved by the Clty Council Wray be granted. With all extensions, the Director or City Council may regriie the conditional use comply with the current provisions of Meridian City Code Tltle I I(IJpC 1 I-5B-fiF). Notice of Two (2)Year Development AgreementDuration The development agreement shall be signed Uy the property owner and returned o the City within two (2) years of the City Council granting annexation and/orrezone (UDC 11-SB-3D). A rnodlflcaflon to the Qevelopment agreement may be initiated priorto signature of the agreement by,all parties and/or maybe requested to extend the time allowed forthe agreement to be signed trod returned: to the City `if filed pria• to the end of the two (2) year approval period (UPC 11-SD-3F)., E Notice of Final Action and Riglit to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis;' Such request must 4e is writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concernia~ the wetter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review rosy be filed. CITY OF MERMAN FINQINGS OF FAG"r, CONCLUSIONS OPI,AW AND pECISION &:OtiDE2 CASENO(S).Rirl3-011 &CUP~13.011 2- 2. Please take notice that this is a final actipq bf the governingbody of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final ection of the governing board may within twenty-eight (28) days after the date ofthis decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code: F. Attached: Staff 2eport forlhe hearing date of November 19, 2013 C11'Y OP MERIDIAN 1?INDINOS 01' PA(,7, CONCLUSIONS OI'1:AWANp l)F,CISION &-0RDER CASENO(S). RZ•l3.Ol l &C[JP-13.01) -Ji ~~ By action of the City Council at its regular meeting held on the ,J day of hQ~Q~^'uQ~-, 2013.• COUNCIL'PAESIDENTBRAD HOAGLUN VOTED~G- COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED 1~ ~" COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER KE[TH BIRD VOTED 1~ MAYOR TAMMY de WEERD VOTED UJJ (TlE BREAKER) ,yyu^ Mayor Ta m de eerd Attest: o ,., „~u,;y TyeeetHbiniau,CityClerk ~!_°"1 "'~~ sent Copy servedupon Applicant, The P hiutl~:be~artmeitt, Public Works Department and City Attorney. B 1~ G,-~---'"~ Dated: I~nemhe.tr ~ , ~c~13 Ci le k is _ CITY OF MERIDIAN FINDMGS OfFACT, CONCLUSIONS QI~ LAW ANI) DECi510N & ORDER: CASGNO(S):$7.-13-011&CUP-13-O1i 4- EXHIBIT A STAFF RCPORT HEARING DATEi Novem~ei 19, 2013 - (/ly1 E IDIAN TO: Mayor and City Council f~ i p g y p FROMi BiII Parsrnis, Associate City Planner 208-884-5533 Bruce ~reckleton, Development Services Manager 208-887-2211 SUB7ECT: RZ-13-011 and CUP-13-011 -Crimson Maple I. SUMMARY DESCRIp'TIOIV OF APPI,ICAIVI"S REQUEST T'he applicant has applied fora rezone (RZ) of 1.59 acres from the R-8 zone to the R-15 zone and conditional use permit (CUP)'for amult-family development consisting of hvelve (i2) residential amts: (J'ee section 9Jor jimlher analysrs:J Il. SUMMARY RCCOMM)]VDATION Staff recommends approval of the proposed RZ and CUP with the conditions listed ihExhibit B, based on the Findings of Paa[ and Conclusions of _Law in Exhibit D of the Staff Report The Meridian Plaaulne and Zonine Commission heard theseJtems on October 17.2013 Afthe public hearin¢, the Commission voted to recommend annroval of thesabiect RZ and CU]' a: U. C. d. CrimsonMaple.RL-13-Olt and CUP•13.011 CAGE.I EXHIBIT A ~ rcev:t:m~ncutnnn¢ea toStatT/Commistiinn RecnmmrnrlnHnn - - -- III. PROPOSED MOTION Approval After eonsldering all staff; :applicant and public testimony, 1 move to approve RZ-13-O1 l and CUP- 13'-Ol 1, as presented in the stpff report for the hearing date of November 19, 2013, with the.following modifications: (Add any proposed modifications.) Dental After: considering all staff, applicant and public testimony, I move to deny File Numtiers RZ-13-011 and CUP-13-011, as presented during the heating on November 19, 2013, for the following reasonx (You shuuld sta[e specific reasons for dental.) Continuance I move to continue File Numbers RZ-13-01 I and CUP-13-011 to the hearing date of (insert continued hearing date here) for the following reason(s): (Youshould state specific reason(s) for continuance:) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Locations The site is located on the east side of NW 4'h Street, north of W. Maple Avenue in the N6 ~/, of Section 12; Township 3 North, Range 1 West, (Parcel # S 1212110500). B. Applicant/Owner;. Crimson Maple Townhomes, LLC I $312 W. Norlltview Street, Suite #120 Boise, ID 83704 C, Representative: Justin Leraris, J.J. Howard, LLC 5983 W. State Street, Suite #D Boise, JD 83703 D. gppllcant's Statement/Justification: Please see applicant's narrative fotihis information: V. PROCESS PACTS A. The subject application is for a rezone and a condillonal use permit: A public hearing is required befpre the Planning and Zoning Commission and City Council on this matter, consistent with Meridian Clry'Code Titled 1, Chapter 5` B. Newspaper notiflcations published on: September 30, and October I5, 2013 (Commission); October 28, nhd November 11. ~ll13 (Couucib C. Radius noticesmailed to properties within 300 feet on: September 26, 2013 (Commission); October 24. ~OI3 (Council) D. q{~glicant posleil uulice un rile by: September' 26, 2013 (Commisslon);November 1.2013 A. Existing Land Use(s): The property is currently vacant and developable. Crimson Maplc RZ-13-1111 end CUP-13-011 ' - PAGG2 - EXHIBIT A B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Single family residence and LDS Church; zoned R-9 .South: Western Subdivision, zoned R-4 East: Western Subdivision, zoned R-4 West: Midtown Square Subdivision, zoned R-8 C. History of Previous Actions: In 2007, the property received rezone and preliminary plat approval {12Z-07-001 and Pp-07-002) as the Ileklan Subdivision. The preliminary plat consisted of siz. (6) residential lots and two (2) common lots and has expired: D. Utilities: a, Location of sewer: Sanitary sewer Intended to serve this parcel is available in NW 4'h Street, directly adjacent to the west. b. Location of water; Dnmeslic. water intended toserve this parcel Is available in NW 41h Street directly .adjacent to the west. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities impact the proposed development. 2. Hazatds~ Staff is not aware of any hacards ha[ exist on this life, 3. Flood Plain: NA VII. COMPREHENSIVE PLAN YULICIES ANll.GUALS This property is designated "Medium Density Residential" (MDR) on the Comprehensive Plan Fuftu•e Land Use Map (FLUM). Uses'may include single-family homes at densities of 3 [0 8 dwelling units to the acre. The applicant is proposing to develop 12 units on theproperty with a gross density of 7;55 dwelling units to the acre which falls within the targei density of the MDR designation. The comprehensive plan allows a'skep up in residential densities to accommodate the proposed rezone. This property abuts "High Density Residential" (yDR) designated. property to south anti is - surrounded by 1v1DR designated property on the west, east and north boundaries developed with single family homes and a church. The proposed development is designed o emulate a single family development consistent with `the surrounding developments, The proposed development is also in close proximity (0 the Old Town area which encourages denser development within or near -the downtown area. Staff finds the following Comprehensive Plan policies to be applicable to [his property and apply to the proposed use (staff analysis in ilnlics•): it l g. ,~~ The proposed developineni will provide addifloiral housing choices within this area of Merithan rrhlch is primarily single•/dmilyhoines. "Permit new development only where urban'services can be reasonably provided at the time- of final approval and developmenYis contiguous [o the City." (3.O1.OlP, pg. 4S) Crlmson.MnpleRZ-13-01I end CUP-13.011 'PAGE 3 EXHIBIT A Clly sei~~ices will be provided and extended u~i[h the rJevelopment of lhfs site. • "Protect eXistinR residential properties fr6m incompatible land use development on adlaceut parcels."(3.06.O1F, pg: 53) The proposed prajec! is desigtied to ernulal$ a single fniuily developmetnl. The npplicar[ is nlsn prapnsing to cons/tact n miehrre ofs•Ingle story rin![s and hao-store units alwtg lho soarlh boundary and setbacks aflhe traits exceed llae regtrb'emenls oflhe R-lS dish•icl. • "Encourage infill development nvacant/undeveloped areas within the City over fringe area development to halt;the outward prugreasun. of urbatl~evelupmenG:" (5,01.026, pg. 69) The pronoSed development is an infill project consistetnl with this. objective. "Elevate duality of design for houses and. apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020, pg. 56) The snzrclares within the proposed develop»tenl w111 be subject Igfhe design slartdar't!s iri ~ UDC 11-3i9-19 and the guldelides in the Meridian Deslgrr Munucd. Reduce the number of existing access points onto arterial streets by ashig methods such as cross access agreements, access lpanagemenYand frontage/backage ~~oads (3.03.02N, pg. 48). The proposed develgs»renl will have a single access to NW 4th Sheet, designated a collecloi• sN•ccl. Inlerrtal accesswill be provided via a 20;foot wide private drive. "Rcquirc useblc openspace to beincorporated into new residential develuputeuts" (3.07;02A, pg. 55). ~1 4,G34 s9trare fool grassy m•ep is proposed that includes a picnic area, a barbeque area and a community garden for the use of the residents. h'enced yards are also proposed nt the •enr of each tirtil. Staff is supportive of the proposed open space and amenllies proposed for'I/te developntenf • Require new residential development to meet'development standards regarding landscaping; signage, fences and walls, etc." (3:05,0X, pg. 52) Street bt~er Imtdscnping Le regrllred orjj'ncer~t In NW 9rr;Slreel in nccad w111rlhe slmrdards listed In UDC 11-36.7C. Separate perndls shall he obtained fa• signage and fencing in compliance tvllh theslpndards listed in UDC ll-3D-S and 11-3A-7 respectively. Based on the above analysia; atat£ 1s eupporlive o£ fho propdscd dcvclopmcntasit is generally consistent with the comprehensive plan. VIII. UNIFIEDpEVELOPMENT COD>; A. Schedule of Use: Unified Development Code (UDC) Table 91-2A-21ists the permitted, accessory, coltditional, and prohibited uses in the R-15 zoning disu•ict respectively. The proposed lmtlti-family development is listed as a condhioryal use in the R-15 caning district. The specific use standards listed in UDC 11-4.3-27 for multi-family developments apply to development of tfiis'site. '' B. DimonsionalStandards:T6edimensionalstandartislistedihUDCTahleal-2A-7futlhcR-15 zoafag districtapply to development of this site. Crimson Made RZ-13,011 and Cl1P-13.01 I - I'AGC.4 EXHIBIT A C. Landscaping Standards: 1. Parking Lot Landscaping: All parking lot landscaping must comply with the standards set fotth in UDC I 1-3B-8C. 2. A 20-foot wide landscape buffer s requireA adjacent to NW 4e' Street in accord with UDC Table 114A-7. The buffer mustcomply with the standards set forth in UDC Il-3B-7C. D. Parking Standards: UDC 11-3C-6A requhes off-street vehicle parking o be provided on the site; For one bedroom units, 1.5 vehicle parking spaces are required per dwelling unit at least one in a covered carpnft nr parnge- Fnr 2-3 bedroomanits, 2 parking spaces; atleast onein a covered carport or garage; 3X. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: I2E7.ONE: The applicantis proposingto rezone the property from the R-$ districCip the R-15 district to tlevelop the proposed multi-family development. Although the proposed development has been designed to emulate a single family residential development; amulti-family development under the UDC is defined a development where there are three or more units on the same property.,Because the use of the property. is defined as amulti-family development and the design is nohtyplcal, staff recommends a development agreement to ensure the site develops as represented with this application (see Exbibit 6 for specificDA provisions). ConbtTlt)tVnt. Use PrRatlr (CUP): A conditional use peruilt is requested for amulti-family development in the R-15 zoning district in accord with UDC Table 11-2A-2, The proposed mnlfi- family development consists of eight ($) buildings as follows: a management office, five (5) duplexes and two (•l) single units containing a total of twelve (12) dwelling traits. All units within the development will be three-bedroom, two bath units rmtging In size between 1,500-2100 square feet. Asmentioned above the"proposed gross density for the development 9s 7.55 dwelling units to rho acrd which is consistenFwlth the MDR land use dosignatior. Themain access to the development will be provided from NW, 4°i Street and an internal ?0-foot wide driveway will provide access to all of the units. Since the parcel and structures are held under single ownership, staffls not requiring cross access with this development. Ifihe property is subdividing In the future, cross access may be required 6t accord with UbC 11-3A 3. 11-4-3-27. These character; following a. Setbacks: Buildings shall provide a minlinum setback of 10 feet, unless a greater setback is otherwise required by the UDC. (UDC Table I 1-2A-7 requires a rear yard setback ofl2 feet.) Based on the proposed building oraenlalions pll of the buildings comply trllh the required setGpcks of the. R-1 S zeta and ntullifamily standards. The upplicnnl shall comply with Ihe selbrtcks its proposed! on the ,cuhmllled site. plan. b. Service areas: Oii-site service areasroptdoor storage areas, waste storage, disposal facilities, and transformer or utility vauhs shall be Fully screeneA_ from view from any: public street. Al! otflhe units Will be infernal to the development and will not be very visible from NW 4"sheet. The proposed development is designed to emulate Ihe adjacent single fptnily homes; slafJ pnflt•ipales Ihe arse oJlolesJw• b•psh collection. StglJ finds Ihe - proposed developtnenl will comply with Iltls reguiremenl. The applicant should coordlttale with Republic Services Io ensin•e (he use ofioles for bash collection. Crimson Meplc.RZ-13.011 and CUl'-13.011- PAQES EXHIBIT A c. Private, usable open space; A minimum of$0 square feetaf private, usable openspace is required for each unit. This requirement can be satisfied through porches, patios, decks, andlor onelosedyards. Landseaping,bntryway and other access ways shall nut ctitiill toward this requirement. The proposed patio and enclosed yards range in size behti~een 600 dnd 700 square feel which exceedsdhis requirement d. Developments with 20 units or more shall provide the Y'ollowing: Aptoperty` management office, a maintenance storage area, a central mailbox location (including provisions for parcel mail), and a directory and snap of the development a[ a convenient location. Tlris require»rcnl ajlhe UDC tr not applicable to the proposed develvpiirenl since the appllcran/ is prapasing hvelve units. The subnrlned slle plan depicts a managernenlafjtce. The applicant shpuld coordinate with the Fire Department on addressinglhe proposed colieplex. Willa )he submillal njihe frrrl rervtfirnM nfvnning caniplinnce applcrrtlon, dre applfemrl nlusl provide the addressing planer Nee complex: e. Parking: UDC 11-3C-6A;tequires off-street vehicle parking o be provided on the site: For 2-3 bedroom units, ~ parking spaces; at least olio in a covered carportor garogc is. required. Based on the unit mix (all 3-bedroom emits), a combined total of 24 covered and uncovered parking stalls are requited. The applicant is proposing a Iwo car garage and q parkbrg padfor each irnil which exceeds the pal•king reguiremenlc fm• a rnul[l- family developntenl. However, a majority rf the proposed perking padsdo nnl rneellhe parkingpaildhnenslonal slandardr (20'X 20) offce UDC. lrlGe applicant dexires to In addition !a the excess parking !n franl oflhe units, gnesl parking !s beingprovided near the entrance of the complex. The-guess perking compiles with the r!lmenslwra! standards ofllre UDC: UDC 11-3C-6G 1•egtrlresone bicycle parking space per every $S parking spaces. The applirnnl chnll place the regidred bikemck nem^ /he central ~rassp aran and guest parking so the palrars Thal visit the complex and IHe kids that play lnYhe park bare a place to store t{rein bikes. 6Plfh the submillal of certificate rfoning colnp!lduce npplicalion the rile plan meisl incorporate the bike rack and provide specTcalions oflhe bike tack. f. Common Open Space Design Requirements: UDC 11-4-3:27C requites a minimum of 350 square feel of outdoor common open space for each nnit rnnlaining mare than 1;200 square feet of Ilving area. (The common open space shall be not less than 400 square feet 6r area, and shall have a minhnum length and width dimension of 20 feet.) The applicant is regtrlred to proglde 4,200 square feel (350X 12J oj'commonbpwr space;fa• the dovelopmerel. The submiNed landscape plan depicts a 4,634,rgerare foal open grassy Brea near the entrance _of the facility conslslenl w1Na This standard. ~: Crimson Maple 112.13-1111 and CUP-13.01 I PAGC G. EXHIBIT A h. Elevations: Elevations are required to meet the architectural standards set forth is UDC l 1-4r3-27E. The ppplicanthps provided hvo elevallons to deplcl Nre design Ihemefor the develupmear. The proposed buAdings provide varlal/ons to the roofplanes and provide modnlallon in the fapades•. ~1I1 oflhe sfruclures arejprnpored to incorporate a mixp( bni(ding rnalerials Io include the followin~• Slone valnscol, covered enlr~~wnys, nrnixltn•e wand siding rnnferials (baar•21 and batten and lrorizonra! lap); decorative Ycinr, belly bands, decoralipe corbels and arclti(echrr•al shlregles (see Exlrfbil A.4): The applicants has not prodlded elevations oflhe managenrenl office or lhersingle units. T/re apyltcanr shall cvnstrucl the nrurriuxeruenr ofJ/ce and rite single units tvlrh the same building malercrls as represented in Exhlbh A.4.The applicant is regtrired to .cubrni! CZC and DC'S appficalions for pll oflhe shzrchrres proposed wide /he deve/opnlenl Srnfj'is supporliye of the proposed building desi~s and rnatel•ial choices, i. Landscaping: Staff has reviewed the submitted landscape for comps lance with ttieaJDC, The Iaadscape plan, labeled L-I, is approved with3he following modifications/notes: • Parking lot landscaping Is required must be provided in accord with the standards listed in UDC ] 1-3B-8C: • The master street map designates N W 4"' Street as a collector. Provide a 20-foot tivide landscape buffer adjacent to NW 4'~' Street and landscape the buffer in accord with the standards'set forth trUDC l l -3B-7C. NOTE.• This x~I[l require the loss of a goes/ parkfrrR stall • With CZC submittal, provide a detail of the. proposed fence materials. All fencing proposed for the development mull comp]y with the fence regulations set forth in • A written certificate of :completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to cerlftcale of occupancy,' All standards of installation shall. apply as listed"in :UDC l l-3B- 4.- J. Maintenance Hari Awnerchlp Respoasibllitieas Per UUC ] 1-4-3-27(3; a legally buading document shall tie recorded that slates the maintenance and ownership responsibilities for the management of the development, including, brit not limited to, struchrres, parking, common areas, and other development features. The applicant rnrrsl comply wish 7hfs regtrlr$rnenl and n single enlly rnusl manage the enure development. Summary: In summary staff fads the proposed project complies with the flnure land use tnap, applicable policies of the Comprehensive plan and is Conditioned to comply with-the applicable development standards in the Ui)C. Based on the aforementioned analysis, staff recommends. approval ofghe subject application: S. I/XHIBITS A:. Drawings I. Vicinity Map 2. Proposed Site Plan (dated>6$~9113 1 0/1 8/1 3) 3. Proposed Landscape Plan (dated: 08/29/13) 3. ProposedBulldingElevatlons B: ConditionsofApproval Crimson Maple liZ-13-Qll and Cl1P-13-oil PAGE7 EXHIBIT A 1, Plannngpivision 2. Public Works bepartment 3. Fiie:DeparUnCin" 4. Police Deparitnent 5. 'Republic Services C Parks Department 7. Ada County Highway District C, Legal DeSCriptlon and Exhibit Map D. Required Findings from Unified Development Code. CrimsonMnplettZ•13011 and CUP•13-al 1. I'AGCS LXI IIBIT A Crimson Maple R'/_-13-UI 1 and CUP-13-O1 I PAGI:9 exhibit A.l: Vicinity Map EXHfBIT A )exhibit A,2:Proposed Site Planjdated: 98F39/~~9p/18/131 a~ALML'f4LLNiryt\ .,. ~ ~ it k , '' '~ ~~ ' »...... ~,... ur;~-sr .~ S -- .M ,,~ ~ ~ p m Iv ~ N ~rsr~ ^4V14 MNi .I ~ ~ - -- - - - - - - - - -- ~..~_ P,1 EXHlA1T A Lx4lbit A,3: Proposed LandscApe Plan (dated: 08129/13) ~, w.,' o-~ ~~ II i i r~. -~ - Crimson Maple IiZ-13.01 Lnnd CUP-13.011 1'AGF: 11 EXHIBIT A Exhibit A.4: Proposed Elevations ~;x1-iiB~T n Crimson Maple R/.-13-011 and CUP-13.01 .EXHIBIT A 13. Conditions of Approval 1.:PLANNING DEPARTMI/NT 1.1 REZONE 1.1:1 A Development Agreement (nA) is required as the rezone ordinance approval, a DA shall be et he will notbe issued until the .property. prior to anddhe developer. A oertificate of recorded.'The applicant shall conta~ p~ld by the applicant to the City Clerk's office prior to commencemertt'of the l)A. '1 he DA shall, at mmimum,'iucorporateYhe following provisions: a. Development of thissile shall substantially cotnplyivith site plan, landscape plan and building elevations iri Exhibit A, b. A maximum of 12 residential units and a management office shall Ue constructed on the site. 12 CONDIitONAi. UsF Pttu~ut- Sltc Specific Conditions of Approver 1.2.1 The site plan, dated 08/29/13, labeled P.lisapproved with the following changes;. • Provide details of the proposed bike rack with thecertificateof zoning compliance submittal. The bike shall beiocated near the open space and guest parking area. • The-applicant shall comply with the building setbacks and building heights (single story and iwu ~tury luualluus) denlcted on the submitted site plan. • With the submittal of the first certitcateaf zoning compliance application, the applicant shall provide an addressing plan for the complex: 1.2.2 The landscape plan, dated 08/29113, labeled L.l is approved with the followri~ changes: • Provide the open. space and. amenities as proposed on the landscape plan. attached in Exhibit A. Wllh the submittal of a cer[Itlcare of zoning compliance, the applicant shall include a community garden as an amenity. • Construct fencingon the site n accord witlt UDC 11-3A-7. Provide details of the fencing with a certificate of zoning compliance epplicatiol. • Construct a 20-foot landscape buffer adjacent to N W 4°i StraeLin accord with UDC 1 I - 3B-7C: 1.2.3.: The building elevations attached in ExhibtfA.4, are approved witkthe following changes: • The applicant shall construct the management office and the single units with the same building lnalerlels as represented in Exhibit A.4. 1.2.4 The developer shall comply witfi the specific use standards for multi-family developments listed in UDC l l -4-3-27. 1.2;5 All roof and wall-mounted mechanical, electrical, communicatioas,;and seryfceequipment shall be Screened from public streets anilproperties by the use of parapets, walls, fences, enclosures, or by other suitable means. - - - - L2:6 [,ow pressure sodium lighting shall be prohibited as an exterior lighting source on the site: Crimson Maple RZ-13.011?and CUP-13-rill PAGE 1:4 - EXf-fIBIT A 1:2.7 Maintenance of all common areas shall: be the responsibility of the developer or assigns. Record egally binding documents that state the maintenance end :ownership responsibilities for rho managemeril of qre development, lucluding $ut no[ lbnited to Structures, ltarking, common areas, private streets, and other development features: A copy of the recorded document shall be submitted with the first Certificate of Zoning Compliance (CZC). The responsible pally shall be a single entity overseeing lheentire multi-famllydevelopment. 1.2.8 Off-street vehicle parking shall be provided on the site in accoa•d with UDC Table 11-3C•6 for multi`-family dwellings. Construct all off-street parkingareas consistent with the standards as sct forth in UDC 11-3B-Sl, 11-~B-8C, and Chapter 3 Article C. 1.2:9. Provide the private,: useable open space (patio and enclosed yards),;as proposed, ].2,10 Staffs failure to bite specific ordinance prnvisinns does not ralieve the applicant of responsibility for compliance. 1.2.11 "fhe applicant shall comply with the access to street standards in accord with UDC I 1-3A=3, 1.3 General Conditions ofApproval 1.3:1 Install IigGting consistent with the provisions asset forth in UDC 1 f-3A-11.-The outdoor Ilghtin¢ shall have downward shfeldln¢ on the building and tlteperlmeter#Ightin¢ shall not impact the surrounding single family residences. 1.3.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17, 1.3.3 Comply with the outdoor service and equipment area standards as set }orth in UDC 11-3A- 12. 1:3.4 Comply with the structure and site design standards, as set fortli In uDC I ]-3A-19 and the guidelines set forth in the City ofMeridianpesign Manual,: 1:3:5 The conditional use approval shall be null and void if the applicant fails to 1) commence,the use withiitYwo years as set fort6'in UDC 11 3B-6F1 nc2) gain approval of a bite extension as se[ forth in UDC 11-5B-bE4. 1.3.6 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance applicalioi and Design Review from the Planning Division, prior to submitlul of building permit applicatio»: NDTE: A CZC application Wray include one or more multi-family units on a lotlparcel: 1.3:7 install alfulilities t,unsislenl wlb the standards as secforlh in UDC 17 -3A-21 aad ] I-3B-5J: 13:8 Provide apressurized nigationsystem consistent with the standards as set forth in UDC 11- 3A-15, UDC 11-3B-6 and MCC 9-1-28. 2. PUBLIC WORKS llEPAIt'PMENT 2.1 A sanitary sewer main that is Intended to provide service to this development exists in NW. 4'~' Strcet to th0 west. pcr Mcridian City Cotlc, the applcart shall install mains to and through this development. Applicant shall coordinate main size andtou[Ing with the Public 'Works Departtnent, acrd execute standard fol•ms of easements for any mains that are required to provide service outside ofa public right-of--Way. Minimum cover over sewer mains is three feet„ if cover from top of pipe to sub-grade is less'Ihan three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard 'Specifications. 2.2 A domestic water main that is intended to provide service to this development exists in NW, 4a' Street to the West. PerMeridlap City Code, the applicant shall install mains to and Crimson Mnple R"L-13.01 l and CUP-13.01 I PAGE1.5 EXHIBIT A through this development, Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains`that are required to provide seI vivo uutsWe of ri public right-of-way. 23 The applicant shall provide easement(s) for all publicwater/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet witle for a single utility, or 30-feet wide for wo. Theeasementsshall be dedicated usingYhe City of Meridian's standard forms. Applicant shall submit an executed easement (on the form available front Public Works), a legal descriptionprepared'by att Idaho Licensed Professional LandSurvcyor, which must include the alga of IIIe ea5emettl (marked EXHIBIT A) and an 81/2" x I J"map withbearings and distances (marked EXHIBIT B) for review. $oth exhibits must he sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORn_ ~! 2.4 Applicant shall be Inquired to pay Public Works development plan review, aiid construction hispection fees, as determined during the plan revlew.process, prior to the issuance of a plan npprovalletlcr: 23 It shall be the responsibility of the applicant to ensure Ihat all development features comply with the Americanswith Disabilities Act and the Fair Housing Act. 2.6 Applicanfshall be responsible for application and compliance wtG anySection 404 Permitting that maybe required by the Army Corps of Enghteers. 2.7 Applicant shall be responsible'for application and coipliance with and NPDES permitting that may tie required by the Environmental ProtectlonAgency: 2.8 All grading of the site shall be;performed in conformance with MCC 11-12-3H. 2.9 The engineer shall be required l9 ceI•[ify that the roadway centetllue elevations are set a minimum of 3-feet above the Highest established peak'groundwatefeievation. This is o ensure that the bottom elevation of the ctuwl'spaces of homes are ai least I -fool above said groundwater elevation. 2.10 The applicants design engineer hall be responsible for inspection of all irrigation and/ok drainage facility within this project that do not fall raider the iurisdiclion of an irrigation district or ACHb, The design engineer shall. provide certification that the facilities have'beeH installed in accordance with the approved design plain.-This celtification will be required before a certificate of occupancy is issued for any structures wltHirt the project. 2.11 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 shalfbe required o use anv eidstine surface m• well water for tfie•primary source. If a surface or well source is not available, asingle- .point connection to the culinary water system shall be required. If asingle-point connection is utilized, the developer will be responsible for the payment of water assessments for the common areas prlorto receiving development plan appi~pvah 2.12 .Compaction test results shall be submitted to;the Meridian Building Department for all building pads receiving engineered backfil 1, where footing would sit atop fill material: 2.13Any existing domestic wells within this project shall beremoved from domestlp servicoper City Ordinance Section 9-1-4 attd:94 8. Contact the-City of Meridian Engineering: .:Department at (208)898-5500 for inspections of disconnection of services. Wells may be;used for non-domestic purposes sueli as landscape irrigation it•approved. by Idaho Department of Water Resources Contact Robert B. Whlhtey at (208)339-2190. 2.14. .Any existing septic systems within this project shall be removed from service per City Crimsoir Mople R7.-13-011. and CUP-13-01 I PAGE 16 EXHIBIT A Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures andlnspections(20$)375-521.1_. 2.15 At the completion of the project, the applicnnl shall be responsible to submit record drawings per the City of Meridian AutoCAb standards. These record drawhtgs must be received and approved prior to the Issuance of a eertiflcation of occupancy for any struchtres within the project.. 2:Ifi 100 Watt and 250 Wntt, high-pressure sodium street lights shall he required on all public roadways per the City of Meridian Improvement Standards for Street Lighting: All street Ilghts shFtll be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include he location of any ezisting street lights. Street lighting is l'equlred at intersections, corners, cut-de-sacs, and et a spacing that docs not excccd thatomlined in the Slaudarls. The contractor's work and tna[erlalsshalt ..conform to the 1SPWC and the City of Meridian Supplemental Specifications to the 1SPWC. 2.17 Street signs are to be'in place, water andsanitary sewer ystems shall be approved and actlvated,fencing installed, drainage lots construoted, read base approved by the Ada County Highway District and the Final Rla[ for this subdivision hall be'recorded, prior to applying for building parniits: 2,18 All development improvements, Jncludinghut not li+nlted to sewer, water, fencing, pressurized irrigation ahd landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 The City of Meridialt requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all Incomplete sewer, water and reuse infrastructure prior tothe issuance of any building permits for anystructureste be constructed on the site. This surety will be verified by a Jinn item cost estimate provided by the owner to lira City;,The surety can be posted in the form of ah Irrevocable letter of credit, cash depositor bond: Please contact Land Development Service for more i+iformation ak887- 221-1. 2:20 The City. of Meridian requires thPt the ownerpost to the Cily a wan'anly surety'in the amount. of 20% of the total construction cost for all completed sewer, waterand reuse infrastructure for duration of two years prior to occupancy of a,ty struclt+res constructed omthe site. This .surety will be verifietl by a line item cost estimate provided by the owner to the City. The surety canoe posted in the form of an irrevocable letterof credit, gash depositor bond. Please contact Lahd Dcveluplueul 5ervlce for moteinformaflon at 887-221 L 3. FII2)/ D)CPAI2TM>;NT 3.1 All entranced, hrtemal roads, drive aisles, and alleys shall have a turning radius of 28' inside and48' outside, per lntemationalFtre Code Section 503.2;4: 3.2 Phtal Approval of the fire hydrant locations shall be by fhe Meridian Fire. Department im pecordano©with Intornation¢I Fire Code Section (II'C) 506.5.4 as follows: a. 1?ire hydrants shall have the 4 %:" outlet face the main sG~eet or pal'king otdrive aisle: b. Fire hydrants-shall nok face a street which does`not have addresses on k c. Fire hydrant markers shall he provided per PublicWorks specifications. d. Fire Hydrants shall be placed on corners when spacing permits, e. Ffi•e hydrants shall not have any vertical obstructions to outlets within 10', f. Fire hydrants shat l be placed 18" above finished grade to the center of the 4 %z".outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. Crimson MHplc RZ-13.OIJ.and CUl'•13AI1 PAGE: l7 EXHBITA h. .Show all proposed oi• existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Ensure'tliat all yet undeveloped parcels are maintained free of combustible vegetation as set forth in ]nteruational Pire Code Section 304:1.2. 9.4 Fire lanes; streets, and structures (including the canopyJteight of mature trees) shall have a vertical clearance of 3'6 as setforth in international :pine Code Section 503.2, L 3.5 Commel'Cial and office occupancies will regpire a fire-flow conststeht with International Fire Code Appendix B to servicethc proposed project. Pirettydranls shall bcplaced por Appendix.C. 3.6 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International File Code Section 304.3.3. 3.7 One and two family,dwellingsnut exceeding 3,600 square feet rewire afire-flow of 1,000 gallons per minute for a duratio»of 2 hours to service the. entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified In Appendix S of the Intentatio» al pile Code: Fire Nydrant spading shall be provided as required by Appendix C of the International i7re Code:. 3:8 All common driveways shall lcstrai~ht or have a turning radius of 28' inside and 48' .outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 OV W, per intemational -Fire Code Section 503.2. 3.9 Private Alleys and Fire Lanes shall havQ o 20' wide improved su~~face capableof supporting. an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix-D Section D103.6 Signs: 3.10- Providc'signage ("No Pal Aiug Pire Lane") fog all fire7anes in accotda~tcewillt ]nlernalioaal Fird CodeiSections 503.4 & D103.b: 3;17 Operational fire fiydrants, temporary or permanent street signs, attd access roads with an al I weather siu•face are required [o be installed before combustible construchon Imatenal is brought onto the site, as set forth in fnterrtational Fire Code Section (tFC) 50.1.4 and Meridian amendment to 1FC 10-4-21, 3,12 The first digit of the,Apartment/Office Suite shat l correspond to the floor level as set forth in Lttematonal Fire Code Section 505.1, 3;13 The appl leant shall work with Public Works'and Planning Department staff to provide an address itlentifieation"plan and a sign which meets the requirements of the City of Meridian sig» ordinance »nd is placed in a position that is plainly legible-and visible from the street or road fronting the property; as set forth in International Pire Code Section 505. L 3,14 .All portions of the bui Idings located on this project must be within 150' of a paved surface aS measured,around the'perimeter ofthe building as set forth in Intemational Fire Code Section 503.1,1. 3.15 C~ntergency response routes and fire lanes shall not be allowed toliave traffic calming devices installed without prior approval ofthe Fire Code Otliclai: National Fire Protection Standard 1141, Section A5.2:113, 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. Crimson Mnplo RZ-13-O1 Land CUP-13.011. PACE 18 EXH[BIT A S. REPUBLIC SERVICES 5.1 The applicant shall submit a scaled site play stamped approved by Republic Services verifYine compliance with Republic Service's requirements with the CZC application. 6: PARKS pEPARTMENT 6.1 The Parks Department tias no concerns related to the'site design submitted with the application.. Z AOA COUNTY HIGHWAY DISTRICT 7.1 Sitc Specific Contlitlons of Apprgvtit Zla Dedicate 30 additional feet ofright-of-way for NW 4th Streetfrom centerline nbuttingthe site, as,proposed: 7.1.2 Construct N W 4th Street as a 36 foot collector street section with vertical curb,gutteq and 5 foot wide detached sidewalk, as proposed. 7.1:3 Install "NO PARKING" signs opNW 4th $U~eet. 7.1:4 Locale the private road as proposed, 50 north of the south property line. 7.1.5 Pavea}ie private road enUance its full width of 24 feet and at least 30 feet into the site beyond the edge of pavement of the roadway. 7, l6 Instal I street name and stop sighs for the private road.. 7.:1.7 Direct lot access is prohibited to NW 4th Street and shall be rioted on the final plat: 7.1.8 Payment of impacts fees are due prior to issuance of a building permit, 7;1,9 Comply With all Standard Conditions of Approval. 7.2 Standard Conditiohsrof Approval 7.2:1 Any existing irrigation facilities shall be relocated outside ofthe ACHD right-of--way. 7:2.2 Private sewer or water systems are prohibited from being located within the ACH17 right-of--way. Z2:3 In accordance with Digh•ict policy, 7203.3, the applicant may be required fo update'-any existing non-compliant pedesttian impmventents abutting the site to meet current review; Z2.4 Replace apy existingdamaged cq`b, goiter end sidewalk and any that may be. Apmnged. 'during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) fordetalls. ' 7.2.5 A lieenscogroement ahtl compliance with lhp Distrfct's.Trec Planter policyis leyuired for all landscaping proposed within ACHD rf ghl-of-waypr easement areas: 7.2.6 All utility relocation costs associated with linproving street frontages abutting the site shall be Gorge by the developer. 7.2,7 It is the responsibility of the applicant to verify all existing utilities withhrthe right-df- way, The applicant at no cost to ACRD sliall repair existing utilities damaged by the appllcanG The applicant shall be required to call UIULINt; (1-$] I-342-15135) at leasf -two full business days prior to breaking ground within ACHD'right-of--way. The rapplicankshall contact ACIiD Traffic Operations 387-6190 in the event any ACHD Crimson Maple lYL-13.011 and CUI',13.011 PAGE 19 EXHIBIT A conduits (spare or filled) are coinpromised during wily phase of construction. 7:2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the pistrict. Contact the District's Utility Coordinator at 387-6258 (with file cumbers) for details: 7.2;9 All design and construction shall be in .accordance with llte ACHD Policy Manual, [SPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived:hereln. An engineer registered in the State of Idaho-shall prepare and certify all improvement plans. 7.2.10 Consh't~Cton, use and property development shall be in conformange with ell applicable requirements of AClip prior to District approval for occupancy. 7:2:1 I No change in the terms anA cAn~litinns of this approvalshall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The'$urden shall be upon the applicant to obtain written confirmaliai of any change from ACHD, 7:2.:12 if the siteplan or use should change in die future, ACHD Planning 2eview will review the site plan and may require additional Improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application:. shat t require the applicantto comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements orglher legal relief is granted by the ACHD Commission, l CrlmsonMapleRZ-13-gllandCUP•13.O11 PAGE 20 EXHIBIT A C. Legal Description and Exhibit Map l G~.~N. ~~ae»wY~a~c~ ~c~r~;~A;>7t~.9rso~ 4~~~ia~~~E•~; Crimson Mspls Townhomea Properly Dsscriplion A parcel of land situated in the Northeast Quaderof the Nodheast Duerter of Section 12, Township 3 North, Range 1 Wesl Boise Meridian, Ada County, Idaho; more padicuiarly tlescribed a5 follows: Said parcel contains L69 acres more or less 5083 W:-Stab St., Ste. p, Bolos, ID 83703, (208j 846-8937, FAX (200) Oq6-8822 Crimson Maplc RZ-13-01I and CUI'-I3-011 PAGE( EXHIBIT A LEGEND - -- - -- - - - OOUNDARY iffi~C --.- -'- ---° f,[NTCRUNF. srrnoN iz - FWND BNASS CAP ® CAICUTAlEO POINT !~ IOUNO ~' NF UAN -„ I. NB9' 09' ]St ]0615'. _. -__~_~__ _ 589-{ •: gW __ tl26.00'. Wo' 1e' 1S'W i~~.ar~ , 1 I'g I I.S9 ACB[9 I '' I jN99' AB' ]5'F 1]1.OD' ~ ~ y Ih I 3 !~-NO' IB' IS'W .8000' I L .. WMAPL8AV8NU8 I Crimson Mapl@ 1tZ-13-011 end CUP-13-011 PAGE 22 EXHIBIT A D. Required Tindings from Uplfled Development Code L Rezone Findings: Upon recommendation from the Commission, the Counch shell make a fall Investigation and shall, atthe public hearing, review the;applicatbp.lu order to graht an annexation, the Council shall make the follnwing finringr. a; The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone 1.59 acres to the R-15 zoning district The Council finds that the proposed tnap amendment Is generally consistent with the MDR designation attd the applicable provisions of the Comprehensive Plan (see section VIl above). b. The map amendment complies with the regulations outlined for the proposed dlsfrict, specltlcally the purpose stalemept; The ('nuncil finds that the proposed map amendment to the R-15zoning district is consistent with thepurpose statements fo?:residential districts asdetailed in Section Vlll above. c. The man amendment shall not be maferially detrimental to fhe public. health, safety; And welfareq The Council finds that the proposed zoning amendment will not 4e detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant The Council considered all oral or written testimony that was provided when determining this finding. d The man amendment shall not result in an adverse Impact upon the clelivcry of services by any political suddlvlsion providing public services within the City Inclpding, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse. imiact upon the delivery ofservices by any political subdivision providingservicts to this site; e. The annexation is imthe best of interest of the City:(UDC 11-SB-3.E). 1 he Council finds aGnexing this properly FVith an R-] $ zoning district is in the bestinterest of the City if the applicant enters into a development agreement: 2. Conditional Use Permit`Findingsi The Commission and Council shall review the particular facts and circnmstancesofaach proposed conditional usein terms oFthe following, and mayapprove a conditional use permitf they shall find:evidence preseufrd nt the hearing(s) is adequate to establish: a> That the site is large enough to accommodate the proposed use and. meet nQ the dimensional and development regulatlonsin the dlstr-ct In which the uscts located. The Council finds that if tho site+s designed in accord with the slteplalt in Exhibit A and tba conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regalations of he R-15 zoning dishicl anti the uadll-family speoltlc use staniiards. b. That the proposed use will be'harmonlons With the Merldiah Comprehensive Plan and n nccard with the requirements of thi9 Title. "1'he Council finds thaf he proposed multi-family resitlential usein the R-IS zone meets the objectives of the ComprehenslvePlan and the UDC. Crimson Maple kZ-13-011 and CUP-13.011 PAGE23 EXHIBIT A c: That the deslgn,,coastruction, operatipn and maintenance will: be compatible with other uses In the gcneral neighborhood and with the existing pr intended character of the general vicinity and that srieh tree will not adversely change the eesentlpl character of the Same BYea. The Council finds that the general design, construction, operation and maintenance of the multi fpmily usp will be compatible withother residcntial andcommcrclal uses in the general neighborhood and with the existing and intended character of the vicinity and will -not adversely change the characlerof the area. The Cpuncil considered all. public testimony that was presented to determine whether or not the proposal will adversely affect the other properties in the area. 11. That the proposed use, If Itcomplies with aq conditions of the Approval imposed, will not ndveisely affectAthcr proporty in the vicinity,. The Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all cotditions of approval listed in Exhibitl3 of this staff repot t and cuuau nets all ilnpruvemenla and operates the use do accordance with the UDC standards. c. That the proposed else will be served a~eguately by essential public facilities and services such as highways, streets, school§, parks, police and fire protection, drainage. strnclures, refltse disposal, wgteq and sewer. The Cowtcil finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Departnent and piker agencies: _ f.. That the:prnpnseil ncr will not rrente rxerssive additional costs for pablicfacillttes and services and wltl not be detrimental to he economic welfare of,the community.. The Council finds that the applicant will pay to extend the City utilities into the site; No Additional cppitpl faoillty oopls aro pxpoctcd fromthc Cily. The applicant and/orfukure. property owners will be required to pay impact fees: g. That the proposed use will ntit involve activities or processes, materials, e~ulpment And condltlpns of operation that will be tletrlmental to any persons, property or the general weltnre by reason of excessiveprodnctiogof traflic,noise, smoke, fumes, glare or odors. The Council finds that the proposed development-will not involve uses .that will create nuisances that would be detrimental to the general welfare of the surrounding area: The Council recognizes the factthat traffic and noise will Increase with the approval pfthis development; however, whenever undeveloped prpperry is developed the amount of Traffic generation doeslncrease: h. That the proposed use will not Yesult in the destruction, loss or damage of a natu_ r_ al, scenic nr-historic feature ebnsida•ed to beofmajortmportance. The Council finds that the proposed development wiq not result in the destruction, loss or damage ofany natural feature(s) ofmaJor impotence. The Council referenced all public teatimony Ihpt wps prosentcd to dctcrmino wholhcr or not the proposed developnunt may destroy pr damage a natural or scenic feature(s) of maJor importance: ('rirocnn Maple R7-li-011 nnA CLIP-13.011 PACC 13- EXHIBIT C ~,...-- ~~ ~ 16tl rnrnn rcm ~ ~ __ -- -- ~!'a ~'- -- _ _O 6b SSF _ ~ F _~..- Igo 1e~ , ` `~ ~ u a~ ~~ ~ ~ e ~ ~ ~~, ~ i .,fir g~~ f , ~ -, . _ i :. i I ~~ ~ ~ I~` i (Y~~ - M M e I 1 _ ~ ~ ~ 6 ~~~~~~llliii ~ 4 I I _ "~ f _ v ~~ ~ I ~, ~ ... - ~ ~ ~ • , ~ ~~ N '~ I ~ --V- --L:--~-- y 6 ... _. ~... ,.,. i i 9 ~ ~ ~ ~ ~ } „„ tro ~ I R R6 1 ~ mz 1~~~ I i i ~9A ~ r~ ~ ,. Nz Ig ~a . ~, ~ .. ~ ~+i b6t ~~ R~ r ~ ~ ~.,. ~I ~r ~ ~~ k~ ~~ w~ ~ ~ ~ ~ ~ ~ ~ ~E~ aaa ~~ ~; Q,. :.~ ~ 1 rt~+s~o s CRIMSON .MAPLE TOWNHOMES ro j J.J. HOWARD ~--~ ~ ~ ~ ~ y,,~ vmrouw w!No EXHIIiIT C I~ --- __~~._mrm~mrm _._.. __-__ ~~~ ~~-~° a ~ ~ ~ ~ I ~w® ~ ~ a ~ o ~ ~ ~ ~~ ~ _....... .. , ~ .~.. ~ ; ~ H k ~ ~ t s I ~ ~ ~ ~ F I ~ i;. I ~, ~j i _. ~ _ i~ _ i ;::. .. t `. ~ ~ ( ~~~ I ~ aF~ s II~ 6 ~ ~ •. _ ~_. .. 0 g ~ ~E A o ' a ,$. ---...._.._R~tl_.,_.,__ ~ I ~ ~ ~• wz a wsods CRIMSON MAPLE TOWNNOMES J.J. HOWARD 1~~. utndax, iwxo r`t."~ALw EXHIBIT C ONE-STORY TOWNHOME (SINGLE) 1 J.J. HOWARD 0-29L1J OFS''^I Pf:l ~ D ff p 157'2T ~ Cf JPL ~ 130707 CRIIASON MAPLE 70VfNHOMES DUILDINO ELEVATIDNS 1500 TO 1750 SQ. FEET MAX HEIGHT: 18'-2" 5:12 TRUSSES WITH S1~ANDARD HELLS 9' WALLS, ~" DECf<ING I/XHIBIT C TWO-STORY TOWNIiOME (DUPLEX) Y~I4 k~.Ml OI: Ittl: W J.J. HOWARD D-24-13 ru ' ~ ~ •1 fhL/17fEA111b / slRrtfntx scut DiuY1I Itr: PAOJtCf MD. ..,,. _ i,,,..~...~,~.,..,...~ NiS JFI. 1J07U7 CRIMSON MAPLE TOWNNOM6S BUILOINO ELEVATIONS 1500 TO 2100 S0, FEET PER EACH UNIT MAX HEIGHT: 28'-2" 5:12 TRUSSES WITIi STANDARD KEELS 9' WALLS, ~" DECKING AND 11-7/8" 2ND FLOOR JOISTS EXHIBIT C ONE-STORY TOWNHOME (DUPLEX) 1500 TO 1750 SQ. FEET PER EACH UNIT MAX HEIGHT: 1 ~'-2" x:12 TRUSSES WITH STANDARD IIEELS 9' WALLS, &" bECKING ®®, 'A' pp u,~~ ~~~ ~: sue,: o~ ®®~ J.J. I~OVY~Ij~ a-2s-t3 NA ~ ~ ~ t 1 CRIMSQN MAPLE TOWNHOMES ~` n,~wmcuG / st~m~ sau au~m ~: rrsa~cr ta. rvrlRn.~¢.bYR/tu.Iriwmi1N21V rrts ~r~ tao~o~ BUILDING ELEVATIQNS