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Village at Cold Creek RZ 13-009ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 41 BOISE IDAHO 01/30/14 09:47 AM DEPUTY Lisa Bait RECORDED-REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIII Meridian City i 14~a~?~~~,9 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Hayden Homes Idaho, LLC, Owner/Developer ~TI~?S DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this,. a~ ,day of j ~1 ~ , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and Hayden Homes Idaho, LLC, whose address is 2464 S.W. Glacier Place, Ste. 110, Redmond, Oregon97756 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as acondition of re-zoning that the Owner/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 Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Light Industrial District (I-L District) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/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 will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - VILLAGE aT COLD CREeK SUBDIVISION (RZ 13-009) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 26t~' day of November, 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 attached as Exhibit "B"; 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/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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, 201 1, 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 conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT -VILLAGE AT COLD CREEK SUBDIVISION (RZ 13-009) PAGE 2 OF 8 3,2 OWNER/DEVELOPER: means and Hayden Homes Idaho, LLC, whose address is 2464 S. W. Glacier Place, Ste. 110, Redmond, OR 97756, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 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 re-zoned R-8 (Medium 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 the terms and conditions of this Agreement, 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 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: 5.1.1 Direct lot access to W. Ustick Road is prohibited in accord with UDC 11-3A- 3. 5.1.2 The subj ect property shall develop consistent with the preliminary plat shown in Exhibit "C". 5.1.3 Future structures constructed on the site shall be generally consistent with the conceptual elevations included in Exhibit "D". The rear (or side) of the structures on Lots 2, 3, and 4, Block 1 and Lot 2, Block 2 adjacent to Ustick Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Design Manual. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void, 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT -VILLAGE AT COLD CREEK SUBDIVISION (RZ 13-009) PAGE 3 OF 8 7.1 Acts of Default. In the event Owner/Developer, or Owner's/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. 7.2 I~totice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure maybe extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer 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. DEVELOPMENT AGREEMENT -VILLAGE aT COLD CREEK SUBDIVISION (RZ 13-009) PAGE 4 OF 8 8, INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. 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 Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11, SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates 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 all ordinances of the City of Meridian and the Property shall be subj ect to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian, 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: DEVELOPMENT AGREEMENT -VILLAGE aT COLD CREEK SusDivlsiorr (RZ 13-009) PAGE 5 OF 8 Hayden Homes Idaho, LLC 2464 S. W. Glacier Place, Ste. 110 Redmond, OR 97756 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 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. 15. 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 default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 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 this Agreement and the invalidity 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. DEVELOPMENT AGREEMENT - VILLAGE aT COLD CREEK SUBDIVISION (RZ 13-009) PAGE 6 OF 8 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. Hayden By: VELOPER: ;s Idaho, LLC CITY OF MERIDIAN By: -ee~~ Mayor Tam e Weerd ATTEST: p /~ - ~ ~ , "/ ,f ~~. ~ ~ S~ ,. i 7 , b .~n V~~1/i~~ ~ y_~,~L Holman, City Clerk ~~.~-, ~ rry,. taf :.~~~~. DEVELOPMENT AGREEMENT - VILLACe AT COLD CREeK SUBDNIS[ON (RZ 13-009) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this ~„ '}d y of . I~:~ „ ,- , .~ ~ 20142 before me, the undersigned, a Notary Public in and for said State, personally appeared 1`s~ i F [ ~^.,y<. \', , known or identified to me to be the ~ -~ , ~';; ; , j ,. of Hayden Homes Idaho, I`LC, and acknowledged to me that she executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,.. .•'~~ L1 ~, ~• ~ (SEAL) Np~, • ~ •p. ~~ • 'Z . '-. ~~- : n i rt Ztn~ Ge ~ •~ ~ ' '' ~ tC T: ~~M~ STATE OF IDAHO ) County of Ada ss ~'3b~~ +M On this day of v`c~ bZ/ , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee .Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •.- -., ~' SES51~~'• (SEAL) ~ ~OT9, C ,~ ,~, ~. ~C ,, ~~ IC` •. IDAHO •• •..,..• ary Public for daho ~ ~~_ _~, Residing at: C~ ~' ~~~ ~ < <t `'t ~ f~ Commission expires: ~ ~ ,~ v DEVELOPMENT AGREEMENT - Vi[.[..aoE aT COLD CReek SUBDNIS[ON (RZ 13-009) PAGE 8 OF 8 EXHIBIT A Legal Description Rezone L.-~~I C~escri~. i~r~ F-I~yclen-I-Ir~rnes Us~iel< I~rap~rty A parcel located in the SW '%4 of Section 35, Township 4 North, Range 1 West, F3oise Meridian, City of Meridian, Ada County, Idaho, and mare particularly described as follows: Commencing at a F3rass Cap monument marking the southwest corner of said SW %, from which a 518 inch diameter iron pin marking the southeast corner of said SW "/ bears S 89°15'57" E a distance of 2643.50 feet; Thence 5 89°15'57" C along the southerly bnundary of said SW'/~ a distance of 1622,31 feet to a 518 inch diameter iron pin and the POINT' tJl= C3~~INNING; Thence leaving said southerly boundary N 0°2G'42" W a distance of 625.77 feet to a 518 inch diameter iron pin on the southerly right-of-way of Five Mile Creek; Thence along said southerly right-of-way S 62°13'25" E a distanc© of 433.35 feet to a 5/8 inch diameter iron pin on the westerly boundary of Primeland Subdivision as shown in Bool< 83 of Plats an Page 9085, records of Ada Caunty, Idaho; Thence S 6°03'09" W along said westerly boundary and the prolongation thereof a distance afi 430.47 feet to a 5/8 inch diameter iron pin on the southerly boundary of said SW'/n; Thence N 89°15'57" W slang said southerly boundary a distance of 333,20 feet to the PCJtNT OF ~~OINNINC; This parcel contains 4.38 acres and is subject to any easements existing ar in use, Clinton W, Hansen, PLS Q~aP~- ~q Np s Land Solutions, PC ~5~ ~s r fi ,~ July 12, 2013 ~~ Q~~ ~ d -c ~N~°~I~~fP~-~°~ <, "'rF o ~ \~e~ ~~ ,......~ („ _~ .-•`'LanU Survayln0 dnU Coniuhinp Hayden Homos - Ustid< Job No. 13•d5 Village at Cold Creek Subdivision RZ-13-009; PP-13-023 Exhibit B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW .- AND 1 D A H DECISION & ORDER In the Matter of the Request for Rezone of 4.38 Acres of Land from the R-4 to the R-8 Zoning District; and Preliminary Plat for The Village at Cold Creek Subdivision Consisting of Sixteen (16) Single-Family Residential Detached Building Lots and Three (3) Common/Other Lots, Located on the North Side of W. Ustick Road, Approximately'/a Mile East of N. Ten Mile Road, by Hayden Homes Idaho, LLC. Case No(s). RZ-13-009; PP-13-023 For the City Council Hearing Date of: November 6, 2013 (Findings on November 26, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP-13-023 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 6, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a rezone is hereby approved with the requirement of a development agreement per provisions in the attached Staff Report for the hearing date of November 6, 2013, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of November 6, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary piat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 1 I . If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP-13-023 -2- A modification to the development agreement may be initiated prior to signature of the agreement by all parties andlor may be requested to extend the time allowed far the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which maybe adversely affected by the final action of the governing board may within twenty=eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 6, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP-13-023 -3- By action of the City Council at its regular meeting held on the day of 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL V 1CF, PRESIDEN"f CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: ~ ~. ~~~~a~" ~ee HoI r C't Cl •k VOTED VOTED VO"I'ED VOTED VOTED y~ ~r ~~n, ~ y e~ Copy served upon Applicant, The Plaiiatiing Department, Public Works Department and City Attorney. __ i ~. ' e,~~ Dated: ~ ~ ~ ~ ' I City Cle •k' ffice`~----~- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-009; PP-13-023 -4- EXHIBIT A STAFF REPORT TO: FROM: SUBJECT: Hearing Date: November 6, 2013 Mayor & City Council Sonya Wafters, Associate City Planner 208-884-5533 IDAHO Bruce Freckleton, Development Services Manager 208-887-2211 The Village at Cold Creek Subdivision - RZ-13-009; PP-13-023 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The property owner/applicant, Hayden Homes Idaho, LLC, has applied for a rezone (RZ) of 4.38 acres of land from the R-4 to the R-8 zoning district; and a preliminary plat (PP) consisting of 16 single-family residential detached building lots and 3 common/other lots for The Village at Cold Creek Subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on October 3, 2Q13. At the public hearing, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Ross Erickson, Applicant's Representative ii. In opposition: None iii. Commenting: John Schafer iv. Written testimony: Ross Erickson v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(sl for City Council: i. None ,y Summary of City Council Public Hearinn: & In favor: Mike Gre~orv: Ross Erickson jj, in onnnsition: Paula Bennett jii, Commentine: None jy. Written tes ' ony: Ross Erickson. Aoglicant's Representative y. taff nresentin~ annlication: Sonya Waters y1, Other staff commenting on annlication: None 12. Kev Issues of Discussion by Council: L None Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 1 EXHIBIT A ~. Kev Council Changes n S A~'/r'nmmiccinn Re~nmmPnrlation i, ]~ III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-13- 009 & PP-13-023, as presented in the staff report for the hearing date of November 6, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move deny File Numbers RZ-13-009 & PP-13-023, as presented during the hearing on November 6, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers RZ-13-009 & PP-13-023 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the north side of W. Ustick Road, approximately'/ mile east of N. Ten Mile Road, in the SW'/o of Section 35, Township 4 North, Range 1 West. (Parcel #50435346700) B. Owner(s): Hayden Homes Idaho, LLC 2464 S.W. Glacier Place, Ste. 110 Redmond, OR 97756 C. Applicant: Same as owner D. Representative: Ross Erickson, Erickson Civil, Inc 6213 N. Cloverdale Road, Ste, 125 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 16, and 30, 2013 (Commission); October 14. and 28, 2013,~City Council) C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission); October 10, 2013 (Gifu Council) D. Applicant posted notice on site(s) on: September 18, 2013 (Commission); October 21, 2013 (CitX Council Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning; This site consists of vacant undeveloped land, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Five Mile Creek and single-family residential (Bridgetower Subdivision), zoned R-4 2. East: Offices, zoned R-4 3. South: Ustick Road &single-family residential (Fieldstone Meadows Subdivision), zoned R- 4 4. West: Rural residential property, zoned Rl in Ada County C. History of Previous Actions: • In 1995, this property was annexed (Ordinance #700) with an R-4 zoning district. A development agreement was not required as a provision of annexation. A plat for Bramblewood Subdivision was also approved but has since expired. • In 2006, a preliminary plat (PP-06-064) for Cold Creek Subdivision was denied due to the following reasons: "The proposed preliminary plat request will require that a sewer easement through the property to the north prior to construction plan approval. This 20 foot common area will become an attractive nuisance and there is not an alternative source that will satisfy this particular plat option." D. Utilities: 1. Public Works: a. Location of sewer: The city currently owns and maintains a sewer trunk main on the north side of Five Mile Creek, adjacent to north of the proposed development. This is the intended receiving sewer main for this proposed development. b. Location of water: The city currently owns and maintains a water main in W. Ustick road, adjacent to the south of the proposed development. This is the main intended for service to this proposed development. c. Issues or concerns: The elevations of the flow line of Five Mile Creek and the invert of the sanitary sewer are in conflict, therefore an aerial sewer crossing over Five Mile Creek is being proposed. Careful attention will need to be given to the sewer design with regard to flood plain restrictions. E. Physical Features: 1. Canals/Ditches Irrigation: The Five Mile Creek exists off-site along the north boundary of the site. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: A portion of this property along the north boundary lies within the Meridian Floadplain Overlay District and is within flood zone X5. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Medium Density Residential (MDR). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed R-S zoning is Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 3 EXHIBIT A consistent with the MDR designation. The plat contains 16 single-family residential building lots for a gross density of 3.65 dwelling units per acre consistent with the desired density of MDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The proposed medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of medium-low, medium, and medium-high density residential properties. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.0X) Street buffer landscaping is required adjacent to W. Ustick Road, an arterial street, in accord with the standards listed in UDC Il-3B-7C as shown on the landscape plan. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-S and 11-3A-7 respectively. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.O1F) The proposed single family residential development should be compatible with existing adjacent residential and offrce uses. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.021) The surrounding area exceptfor the property immediately to the west has been developed at urban densities. The proposed subdivision will be similar to densities in surrounding subdivisions. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.O1.OlF) The proposed development is contiguous to the city and city services are available to be extended to the site upon development in accord with UDC I1-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 4 EXHIBIT A C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE: The applicant has applied to rezone 4.38 acres of land from the R-4 to the R-8 zoning district (see legal description in Exhibit C). As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR for this property. A development agreement (DA) was not required as a provision of annexation when the property was annexed in 1995. To ensure the site develops as proposed with this application, Staff recommends a DA with the provisions noted in Exhibit B. PRELIMINARY PLAT: The proposed preliminary plat consists of 16 building lots and 3 common/other lots on 4.38 acres of land in a proposed R-8 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.6 for the R-8 zoning district. All of the lots comply with the minimum square footage requirement of 5,000 square feet and both of the blocks comply with the maximum length requirement. Lot 4, Block 1 needs to be widened to 15 feet to comply with the minimum street frontage requirement, per UDC 11-2A-3B. A minimum 25-foot wide street buffer, measured from the back of curb, is required adjacent to W. Ustick Road, an arterial street. Access: Access is proposed on the plat via W. Ustick Road. A stub street is proposed to the west for future extension and interconnectivity. Astub street is not required to the office development to the east as there is no public street connection and the site is already developed. Comments have not yet been received from ACHD on this application. Common Driveway: Lots 3 and 4, Block 1 are proposed to be served by a common driveway. Common driveways are required to be constructed in accord with the standards listed in UDC 11- 6C-3D. Water & Sewer Service: Sewer will be extended from the north side of Five Mile Creek via an aerial crossing over the creek consistent with City of Meridian standards. A 20-foot wide sewer easement is depicted on the plat along the west side of Lot 8, Block 1. Staff recommends the line type be changed to delineate the easement more clearly. Additionally, the landscape plan depicts a sewer line running through Lot 12, Block 1; this should be removed. Water service will be extended to the site via W. Ustick Road. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed. A pressure irrigation storage pond is proposed on Lot 1, Block 3. Village at Cold Creek Subdivision 12Z-t3-009; PP-13-023 PAGE 5 EXHIBIT A Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Stormwater from the public right-of--way will be discharged into a storage pond on Lot 1, Block 3. The facility shall comply with the standards listed in UDC 11-3B-11C. Multi-Use Pathway: Amulti-use pathway is not designated on the Master Pathways Plan for this site. Open Space & Site Amenities: Because this site is below 5 acres in size, UDC 11-3G-3 does not require open space or site amenities to be provided. Landscaping: A minimum 25-foot wide street buffer is required along W. Ustick Road landscaped in accord with the standards listed in UDC 11-3B-7C. The landscaping shown on the landscape plan complies with the aforementioned standards. If the unimproved street right-of--way is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gavel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. Fencing: A 6-foot tall vinyl fence is proposed along the perimeter boundary of the subdivision where fencing doesn't already exist. The existing fence along the east boundary is proposed to remain. Sidewalks: A 5-foot wide detached sidewalk is required along W. Ustick Road and a 5-foot wide attached sidewalk is required along the internal local streets, in accord with UDC l 1-3A-17. Waterways: The Five Mile Creek exists off-site along the northern boundary of the property. There is an existing surface water delivery ditch that enters the site at the southwest corner from the other side of Ustick Road. The applicant states the pipe will extend back into the site and a box will be located outside of the right-of--way to allow the surface water to be sent to the west or east based on the rotation. The subject properly and the parcel to the west are the only two parcels that receive water from this pipe. Building Elevations: Conceptual building elevations for future homes in this development were submitted by the applicant and included in Exhibit A.4. Administrative design review is not required for detached single-family residential homes. However, staff recommends through a DA provision that the rear (or side) of structures on Lots 2-4, Block 1 and Lot 2, Block 2 that back up to Ustick Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recommends approval of the proposed rezone and preliminary plat request with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 8/21/13) 3. Proposed Landscape Plan (dated: 8/21/13) Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 6 EXHIBIT A 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for the Proposed Rezone D. Required Findings from Unified Development Code Village at Cold Creek Subdivision RZ-13-009; PP-13-023 PAGE 7 EXHIBIT A A. Drawings L Vicinity Map ,,`, `~ ~ ~, ` ' .`t. r_; ~~.. . ~ . ._ .~~ - a'~i r _ - ,. _ - r~l~~7~ ~.~ll.J Exhibit A P~gc 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 8/21/13) PRELIMINARY PLA7~ ROR THE V{LLAC3C AT OOLb CREEK B I7UATE0 IN A PQRTWN OF THE 96CT{ON ^J6, TOWNBHIP q NQ4a7H, RAN®E 1 WL°6T. EU186 MERtO1AN, APA COUNTY. WAHO a q„r,,,Fo 2013 631E ~~±+~•a' ..+e..a.u.e.,wa. ''`.. • O r...wwr.ura. o i j R ^^- vM+P,hWw "~~-~ ,, `yy s• i m.w~~wgm bvice`LiYYIi l~{oaYNy10n~1W Un4yt(, ~~NYW ~~.~ ,4•~y ~~ A W'MiN •+OYAL fyywT _ -MNt~ ..~-.. _..... ~1~i ~ ~ iYd Ah4'.av1~ F~gp1,w Ma i r~r n~',yN _. __ _ r. w. Y~4\~~` p",~`9 ~i~w Weu.pew~Mt ~ , ~,~r~a~ _- .-_~ e.w...o ~~4., ~••.. ~~y YMM MA~f xw M~v 1 ,~ ` nu,RK4W we~ ~~~.a.d~.e~~~~. ~1~1~NM~ ~MN < .. '.~~~~ n .},VRrA:aJ1.f4X .~II~N bM,w 1.~ r O ,rw.a ~+.~ n 4.vM A Q /a .iMM+~' G3M~ wV,w Y Wbfav tl ~Rw~m l , ~w 1 ttw.Me~ ~w~s.Ow~e ~ a ~ TT y H wq,ee. ~ ~ r w ~~ ~ IMYiayY4. wa.w~+rw ~ 1 ! ~W1A RtlM~ Vlf hirhlhl '{1cr11Y.iNrH rtv,pr'WO A Mt r1 .. , .__.,e ......_._._._.... _.,._ . '. ., r~vx w ,-T..x~ fit: ~~.as~a~.i-~ ~~' ~' ~~1rM Exhibit A Page 1 EXHIBIT A 3. Proposed Landscape Plan (dated: 8/21/13) _.• ~. g _ @, q®c~erl i ~.. h. :,:t r: ~~.. ,;:j~, ~';C. ~ - - ~. Y I ~ :. «~ ®-~~ ~ r r »~..,ww,..~...».~ m~ I~rMM t ~° .rawa wwv.mr :~ en~w: . ~~M °w a~ .~'~~w~~ii~ • awwna mvwe~.wu ~.... o •waww~r ~..a aws+a~w~ ~r Tr ~is L4.0 Exhibit A Page 2 OV~tALL etT! PLAN EXHIBIT A ~,..«. .~ . .» .,.M~ .i~ a vw aroP.®r w~ ~ o ,~ wrov.er ry~rr wr ~ A Mo~WN IWMR PMVYY MM ~~1~ ! N IM Y1~1i YI N 1W IM./~F Y /M Oy1a0i J M ~./ r IY -M.~ro M to vry•vr Ot Yr~Mm Y4••i W 11! Itl.VY ®Ip•Ii d IY~YY YA/IIi 4 IM•WK PI'.Ii a rr~rm vrp•vi gi S ' g taw a.ttp ~oto~ ~ # . >~ r~,.a.«..~.. e~rav e i N ~° I a ~ Exhibit A Page 3 EXHIBIT A 4. Conceptual Building Elevations ` ~ ~° .~ ~r ~~ ,x ~- ~- - r i; u^ ~ t. ~n ,z i ~t ~ S } .=a ~ 1" =4 ~ ~ 7, f I ~i Y ~ G 44t ~ ~ ~ ~ ~i~ - - - rt ~:~- 7~k,t r- ~. ~'T,,"'''~ Y ~7l ct tl _~ ~~Y ~` +;f"t ~ ..; ~_ F; •~?'~g.:° ..~ ~i ~ ~3rv _ ~ : ~ 1 ^ r y. ~ ~ ~ 4 4 - b ~„>.. ~. ~~ _ ._~ -_ 1~rr~ ~..,.. +RYY4t rr / 's1' *~ ~°z-1"'`; ~`~~-.rT«~~ j F''r'~~i I ~~`~srr~Az..+ks. ~,~~_..s~,._ ~ .:~.-.. ~ _ ~°- Irv.` i a F ~~> r 5r 1 ~ ~ yP '~ 4.. ~.. h, G'{.'1+:~ }~ ~f.. .~~` k w ~ icy 1 F \ h._ f• ~ - , .; x .. .'~ -•~' %3~~ j, z~~' ,F,{ Exhibit B _ 2 _ EXHIBIT A b^ 1 --vrr ~ ~ 7> 3 `~ ~ I ~ ! - ` ~ {,. ,fit ~ 1r 4,} ` ~ : i ~}~ ~ ~~~ ~~'~~ r~ ,~ ~~ ~ ,- ~ ~_ ;, _ E ,, ~ ~ , - .c~i y@_ _ v.V-- v - r .. ~_ ~ W _ ;a iF -_ ..-. 'art '~I~ - ._._ ~~ ~'. Nr '. -~ ~ .. f.'~ ,_._% ~ k~ JiJ _. _.. __ u.. __ _ -. ~~a.;~e '~ YG-a ~' _ - " ~ 'S'r - -_~ _. Exhibit 13 - 3 - EXHIBIT A B. EXI~IBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 REZONE 1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to W. Ustick Road is prohibited in accord with UDC 11-3A-3. b. The subject property shall develop consistent with the preliminary plat shown in Exhibit A.2. c. Future structures constructed on the site shall be generally consistent with the conceptual elevations included in Exhibit A.4. The rear (or side) of structures on Lots 2, 3, and 4, Block 1 and Lot 2, Block 2 adjacent to Ustick Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 11-3A-19 and the Design Manual. 1.2 PRELIMINARY PLAT Site Specific Conditions of Approval 1.2.1 The final plat shall include the following revisions from the preliminary plat: a. Lot 4, Block 1 shall be revised to comply with the minimum street frontage requirement listed in UDC 11-2A-3B of 15 feet for two properties sharing a common drive. b. Change the line type shown on Lot 8, Block 1 for the 20-foot wide sewer easement and pressurized irrigation easement so that it doesn't appear to be a lot line. 1.2.2 The landscape plan submitted with the final plat shall be revised as follows: a. Remove the sewer line easement and symbol on Lot 12, Block 1. b. Depict the location of the curb along W. Ustick Road. c. If the unimproved street right-of--way along W. Ustick Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. 1.2.3 Common driveways are required to be constructed in accord with the standards listed in UDC 11- 6C-3D. 1.2.4 The applicant shall construct a1] proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.2.5 The stormwater drainage facility shall comply with the standards listed in UDC 11-3B-11C. Exhibit B - 4 - EXIIIBIT A General Conditions of Approval 1.2.6 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC 11-2-A-6. 1.2.7 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W. Ustick Road is prohibited. 1.2.8 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.9 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.10 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.11 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.12 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.2.13 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.14 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.15 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.16 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.17 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.18 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.19 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Ongoing Conditions of Approval 1.2.20 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.2.22 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.2.23 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.2.24 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.2.25 The applicant shall have an ongoing obligation to maintain all pathways. 1.2.26 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Exhibit B - 5 - EXHIBIT A 1.2.27 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. Process Conditions of Approval 1.2.28 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.2.29 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement maybe accepted far other improvements in accord with UDC 11-SC-3C. 1.2.30 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.2.31 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.2.32 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.2.33 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 A portion of this project lies within the Meridian Floodplain Overlay District -flood zone X5. Prior to any development or construction taking place, the applicant shall submit a Floodplain Development Permit Application to the City Floodplain Administrator for review and approval. The application shall provide engineering analysis to meet MCC section 10-6, including hydraulic and hydrologic calculations illustrating any impacts to the water surface elevations including no rise effects of any development within the floodway. 2.1.2 The applicant shall provide a 20-foot easement across Lot 8, Block 1 for the sanitary sewer main outside of public right of way. The easement area shall be covered with a pavement or concrete surface for ease of access by City of Meridian Wastewater personnel. 2.2 General Conditions of Approval 2.2.1 The applicant shall install sanitary sewer mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system sha116e required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. Exhibit B - 6 - EXHIBIT A 2.2.3 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.4 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.5 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells maybe used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.6 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.7 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.8 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.9 All development improvements, including but not limited to sanitary sewer and water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.10 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.11 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.12 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.13 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.2.14 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.15 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.16 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.17 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.18 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in Exhibit B - 7 - EXHIBIT A accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.19 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.20 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.21 The City of Meridian requires. that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City, The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2,2,22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond, Please contact Land Development Service for more information at 887-2211. 2,2.23 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application 4. FIRE DEPARTMENT 4.1 The common driveway on Lots 3 and 4, Block 1 shall be a minimum 20 feet wide with "no parking" posted and shall be paved with a surface capable of supporting 75,000 pounds. 4.2 North Cold Creek Way shall be posted and painted for no parking on one side of the street, preferably the east side. 4.3 The street widths with 33 feet measured from back of curb shall have rolled curbs. 4.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (1FC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ''/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 'h" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. Exhibit B - 8 - EXHIBIT A 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees} shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (1FC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.10 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 5. REPUBLIC SERVICES S.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Dedicate 50 feet ofright-of--way from the centerline for Ustick Road abutting the site. ACHD will provide compensation for right-of--way dedicated beyond the existing right- of-way. 7.1.2 Construct a 6 foot wide landscape buffer and 5 foot wide detached concrete sidewalk on Ustick Road abutting the site, as proposed. Construct the front edge of the sidewalk a minimum of 42 feet from the centerline of Ustick Road and provide a permanent right-of- way easement for sidewalk placed outside of the dedicated right-of--way. The easement shall encompass the entire area between the right-of--way line and 2 feet behind the back edge of the sidewalk. 7.1.3 Construct Quarrystone Way as a 33 foot street section with rolled curb, gutter and 5 foot wide attached concrete sidewalk on both sides of the street its full length. 7.1.4 Construct Quarrystone Way to intersect Ustick Road and align with Quarrystone Way directly south of Ustick Road, as proposed. 7.1.5 Provide a permanent right-of--way easement for all public sidewalks on Quarrystone Way placed outside of the dedicated right-of--way. The easement shall encompass the entire area between the right-of--way line and 2 feet behind the back edge of the sidewalk. Exhibit B - 9 - EXHIBIT A 7.1.6 Construct Cold Creek Way as a 29 foot street section with vertical curb, gutter and no sidewalk on the west side of the street and rolled curb, gutter and 5 foot wide attached sidewalk on the east side of the street, as proposed. 7.1.7 The applicant is required to get written fire department approval for 29 and 33 foot street sections from the City of Meridian. 7.1.8 Construct Wilder Street as a 33 foot street section with rolled curb, gutter and 5 foot wide attached concrete sidewalk on both sides of the street within 46 feet of right-of--way, as proposed. 7.1.9 Construct Wilder Street to stub at the west edge of the site approximately 148 south of the north property line, as proposed. 7.1.10 Install a sign at the terminus of Wilder Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.11 Construct all new local streets to provide a minimum offset of 125 feet as proposed. 7.1.12 Direct lot access is prohibited to Ustick Road and shall be noted on the final plat. 7.1.13 Payment of impacts fees are due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACRD right-of--way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right- of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B - l0 - EXHIBIT A 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACRD Commission. Exhibit B - 11 - EXHIBIT A C. Legal Description & Exhibit Map for the Proposed Rezone Leflaj De~cri t HayderrHOmes Ustick Praperty A parcel located In the SW'/, of Section 35, Township 4 Narth, Range 1 W t, Boise lan, Cfty of Meridian, Ada Courtly, klaho, and more particularly described as foNows: Commencing at a Brass Cap monument marking the sauthw®st comer of said SW 3e, from which a 5/8 Inch diameter Iron pin marking the southeast comer of said 5W '/, bears S 89°15'57" E a distance of 2643.5p Iasi; Thence S 89°15'57" E slang the southerly boundary of said SW Y a distance of 1622.31 feet to a 5/8 tech diameter iron pin and the POINT OF 6tt31NNtNG; Thence leaving said southerly boundary N 0'28'42" W a distance of 625.77 teat to a 5/8 Inch diameter ion pin on the southerly right-of~vay of Five l4lile Creek; Thanes alor>g said southery right-of-way S 62.13'25" E a distance of 433.35 feet to a 518 tech diameter iron pin on the westerly boundary of Primeland Subdivision as shown to Book 83 of Picts on Page t~d95, records of Ada County, Idaho; Thence S 6°03'09" W along said westerly boundary and the prolongation a distance of 430.47 feet to a 5J8 inch diameter iron pin on the southerty boundary of said SW %; Thence N 89°15'57" W slang said southerly boundary a distance of 333.20 feet to the POINT o~ eeol~aNtl~; This parcel contains 4.38 acres and is subject to any easements existing or ~ Land Solutions, PC PL3 ~`o~1P S r f ,p July 12, 2013 4W~ a 11116 ~ `~9~ i t~.lr ~r° r ~6~j. pN W Hr~ L~ary~~~ i~~lry~ l,_~-.~. ~ .aewo. ts~ Exhibit B - 12 - EX~IIBIT A USTtCK PROPERTY - EXH(t31T Exhibit B - 13 - EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant requests a rezone of the subject property from the R-4 to the R-8 zoning district. The City Council finds that the proposed map amendment is generally consistent with the MDR FLUM designation for this property. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of se~°vices by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (iTDC 11-SB-3.E). The City Council finds this provision does not apply to the subject rezone application. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Exhibit B - 14 - EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments from the public service providers (i.e., Police, Fire, ACRD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council fmds this development will not be detrimental to the public health, safety or general welfare. Exhibit li - 15 - EXHIBIT C Preliminary Plat (dated 8/21/13) 1~ii F-. i..iMINARY 1='LA1 FC~It l'flC VILL/~C.N /~"1 CcaLO CRLGK ~'+ITV/~Tr=[~ IN /~ F'C>f3TInN C.)f fHF- ;31':<^TInN .i E"r, IcJW N+31~11 F' A N~~FtTH. 11/~N~3G 1 WLI=.'1 Ht~le~1= MCrtIOIAN, I~I~/~ c:C UIJTI'. IOAII C~ 111 l :l .. `~ .e~ r' Kayad Notsa O DovNOrxnmd Featvea Itt i,l. ~ ..~~, ~ .. ., ~~~~ f 11 , "~r `^`a ~~ ti.. '.~.. ....,~ Nolss ... tE 11r ~~\ ~ ~ 1 Ift1 f ~ ~ ..... Ems:, 1 ~ ~111~ . > ~~, - ,q.~ ~:~.... ~~ `~ ~~'- ~-~ ,~.,,s„1 - U . . i. Leoand . .« .._ ~~. = ,, o . ~,.,~.~ W. UrM,dc Road R'm~eae r~ ~..J ~t _... _- _"_ ~`._ ~. f -~' W'dej Bl' -- r„ • !,' i ~ T Yieiav Maa Parcae 4cAlded ~a~a ,., i 1«w.. -~~~-~- ..~. i ~ -_. , ' . K fb,'d Q'6ok Wa tip' ~E-"-1 ~_-~...~ -l °7 __ -t -~--_.,_ fl ~~~ I 7 w1a-is E ... 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