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McLinder Subdivision/Sawtooth Village AZ 13-010ADR COUNTY RECORDER Christopher D. Rich AMOUNT .00 50 BOISE IDAHO 03!20114 09:41 AM RECORDED~nREQUEST OF II I I I ~I ~ I~ I'I II I I II'~ I I"~'~' II) ~~'II Meridian City i 140t~+3~t DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. TS Development, L.L.C., Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and TS Development, L.L.C., whose address is 4202 N. Marcliff Avenue, Boise, Idaho 83704 hereinafter called OWNER/DEVELOPER. 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 § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developerrnake 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/Developerhas submitted an application for re-zoning of the Property described in Exhibit "A", requesting a designation of R-15 (Medium High Residential) and C-N (Neighborhood Business) zoning districts under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developerrnade 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 - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) 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 26" 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 OwnerlDeveloper 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 toenter 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 toensure 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 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 - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-O10) PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and refers TS Development, L.L.C., whose address is 4202 N. Marcliff Avenue, Boise, Idaho 83704, 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 zoned R-15 (Medium High Residential) and C-N (Neighborhood Business) zoning districts, 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. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Upon redevelopment of the site, the developer shall pipe all ditches on the site as set forth in UDC 11-3A-6A, unless otherwise waived by City Council. The City Council approved a waiver to UDC 11-3A-6A to allow a portion (approximately 485 feet) of the Lemp Canal along the north boundary of the site to remain open and not be piped as proposed by the Applicant. 5.1.2 The subject property shall develop consistent with the site plan, preliminary plat and building elevations included in Exhibit A of the Findings of Fact and Conclusions of Law, attached hereto. 5.1.3 Access to this subdivision is restricted to those access points approved by City Council and allowed by ACHD with the preliminary plat for this site. The City Council approved the applicant's request for a waiver to UDC I1- 3A-3 for one access to the site via W. McMillan Road and one access point via N. Linder Road as shown on the revised plat in Exhibit A.2 of the Findings of Fact and Conclusions, attached hereto. 5.1.4 A minimum 20-foot wide landscape buffer to residential uses is required to be provided on the commercial property in accord with UDC 11-3B-9C.23 unless otherwise modified by City Council. DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 3 OF 8 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: 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 Notice 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 may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/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 may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/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. DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-0] 0) PAGE 4 OF 8 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. S. 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 subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 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: DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 5 OF 8 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: TS Development, L.L.C 4202 N. Marcliff Avenue Boise, ID 83704 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 I5 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. DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 6 OF 8 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/Developerand 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. OWNER/DEVELOPER: TS Development, L.L.C. By: , s CITY OF MERIDIAN ~~ ~.~~_ ~..~. ~ __ ~~ "~ ~~ ~ Mayor Tammy de Weerd ,~ AT'>~'EST: ''. ,~ r:ity „r 6 s (p ayce~. Holman, City Clerk fi ~ K~ -- ,,,. itj ~J~~`..~ DEVELOPMENT AGREEMENT -MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 7 OF 8 STATE OF IDAHO ) . ss: County of Ada, ) ~t~ On this ~ " day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared `~~ Q ~ ~ -~'C~-lam ,known or identified to me to be the ~ ~ \T ~-,~t~.~ of TS Development, L.L.C., and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public f Idaho n Residing at: ~~(~C L(.~ ~ ~.J ~ ~ ~ My Commission Expires: _~~s ~ ~ ~'/ p STATE OF IDAHO ) County of Ada ) ss On this ~ ~ day of , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument 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. 4 (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT - MCLINDER SUB/SAWTOOTH VILLAGE (AZ 13-010) PAGE 8 OF 8 Exhibit A Legal Description KESTR~.I. 1.AN17 5URV~.YlNG A1dNFXA7i~3N p/4RCFE t?tiSCRIpTtON A panel of ground tocated in thr Northwest Ctuarter ~ Sedtbn 36, Township 9 North, Range i East of the Boise MeridCan, Ada County, Idaho, rrmre perticuleriy desralbed as INHtfl6 at the Northwest Corm cf motion 35. "f.3N,, lt.1E.~ lltul.,;; Thence alaztg the ~l+lortis ~~ of the Ns~wett QuarNr of ~~ 5ectbn Satttit 8~24`~" Gist a distance of 812.21 feet W i I~~ Leaves :alit North one and sbr-g thra Westerly line elCc-llblefktd CrQSStrta Su hto. 2thtoNtMB: Thence South 00"16'26" West i distance of 429.61 feet to a point; Thence South 89'24'33` Fast a dl:<ance of 78.21 feat to a point: menu South 11;42`27" West i d>~nt/l of 79.20 M~ to i pain;. Thenci South 26'OY4S" West a distance of 198.43 Mat to the MMtth~aasterFy Cornea of Arch ltad~t Terrace 5ubcftuisbni; 1'hertce kavtr-g sail We~terilt ibi and atone the Korth ltna of Ards Rods Terrace . .S11l7dlY~Oni North Il9'2S'18" Walt i dtstincr srf 785.00 l~ to R paint on ttfe Welt tM!! of ttie N6~rthwe-st Clu+~rtCr of solid 5tlctbn 36, 7l1enC'8 abng 5814 West Iln@, North tl0`x4`42" lest a dtst8ttte of6Eb.89 Matto thi l~Wlwl1' ~lt66iNNiNG. ~ahf Parcd txmtatntng 43.004 aeres (566,472 square feat. morn Dries:, snd lndudasthe ltlght-of- Wayfor West MttNtt{an Road and North Llnd•r Road i<r-d ~~ a'ro t~tO.13-»~ Prepzrtssd Auguet 16, 20l3 uu x: hn~ x~, r~ aoanb to i3roz [2d~ tat.r3ts • t~U ~rssi~ ~srrnrivrrgcta~ McLinder Subdivision/Sawtooth Village AZ 13-010 Exhibit A Legal Description KE.57'R~.L LAN€~ SURVEYING ZONE R.15 - PARCEL IaESCR1PTiON A of mound fed in tho Na Qwrter of bn 35, i' p 3 NoRh, Range 3 East of t3ie t3oisl Mlridiitn, Ade Criurcty, idaiw, more pc~rtic~utarfy d ee ndng st the 1~101'thWlSt t:Oftler Gf SeCNon 36, T.3N., R.31:., B.f+A„ 1 thl North line of the No Ctuarter of said ion 36, South 89'24'33' East a ot812.11 feet to a paMtt, Thence said North ttne and abr~ the W of Su No. 2, South QO`1b'26~ West e.d of 226.47 t4 the PO1NY M6; Conttrnaing along the Westerly Ane of GrbWetieid Crossing Subdh!~lon Na 2 tha Thence South OG'16'26" West s dlatacaeoe of 2ti3.14 Beet t4 r poltrt; 7hertoe South X4'33" Eui a of 7'8.21 feetbo a point; 7hencc South u"4Y27" west.a di~tsnce of 79.20 feet to a paw Thence South 7.b'02'<5' West a dlstanca of 198,43 teat to the Northe~t+trh- • Corner of Mch Rods 7erraoe Sttbdivlslon, Tt-enoe kav3n; Bald W~tlriy line srcd efang the North ibe otAnd+ Rock Tarraca Subdivlabn, North 89''26'lE" tiVat a distsnoe olr 559.9:91`~t to a pohrt; Ti11lcif~e ieavitgl said North tics, Narth 00'14'42` East a cf 32AD twit t0 s podr~ Thence North 89"2ti18" West, distance of 6.113 feet bo a polrtt; Thecae Not'th 00'33'4Y East s dlstanu•of 428.40 fact to a point; 711lrIG! Sout3c 119'26'~B" fast ~ dlsgnoe Ot~.45 Plitt t0 file ~ Said P inir~ 6.426 {27`9.986 squire feet), more or leas. Errd ptbn PMjett iVo.13-3.32 Preparad August 16, 2D13 N: N~ 1Fd, i~ ~afrti ID McLinder Subdivision/Sawtooth Village AZ 13-010 Exhibit A Legal Description K.~.S~"R~.L LA ~! i~ ~5U RV~.YCNG ZONE C-~ ~ PARCEL PTtON ~Q Cdscrlp~tloo Proj~lct Rio. x-132 Preparod AtRtsst 13, 7A33 l6'l` ti: LdFp Rd, Rb. 3otr~, IA McLinder Subdivision/Sawtooth Village AZ 13-010 Exhibit A Legal Description K~STR~.L LAND SURVEYING ANNt:XATtON PARCEL DESCRIPTION A parcel of ground tacated In the Northwest Quarter of Section 3b, Township 3 North, Range i East of the Boise Meridian, Ada County, Idaho, more partlculariy described as fdlaws: GINNING at the Northwest Corner of Section 36, T.3N., R•1E., B,M.,; Thence along the North tine of the Northwest Quarter of said Section 36, South @9°24'33" East a distance of 812.11 feet to a point; Leaving said North tine and along the Westerly Nne of Cobbtefleld Crossing SubdMsion No. 2 the following; Thence South 00'16'26" West a distance of 429.61 feet to a point; Thence South 89'24'33" East a distance of 78.21 feet to a point; Thence South i1i42`27" West a distance of 79.20 feet to a point; Thence South 26'02'4S" West a distance of 198.43 fact to the Northeasterly Corner of Arch Rock Terrace Subdhrlsbn; Thence leaving said Westerly Tina end along the North Itne of Arch Rock Terrace . Subdivision, North 89'2b'18" West a distance of 788.00 feet to a point on the West line of th'e Northwest quarter of said Section 36; Thence abng said West tine, North 00°14'42" East a distance of 686.89 feet to the POINT OF gHG1NNING. Said Parcel containing 13,004 acres (566,472 square feet}, mare or iess, and Mctudes the Right-of- Way for West McMillan Road and North Linder Road End Description Protect No.13-i32 Prepartd August 16, 2013 [ 1614 W. !rill ltd, /6, 6ok®,1D S310T n4~ 86!•734) plYans • (20d) Id0-1334 fas Xatnriurvs~aeom McLinder Subdivision/Sawtooth Village AZ 13-010 Exhibit A Legal Description ~~.srR~.~ ~.aN® SURVEYING ZONE R-15 - PARCEL pESCRIPTION A parcel of ground located in the Northwest Quarter of Section 36, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: Gommenctng at the Northwest Garner of Section 36, T.3N., R.1E., B.M., Thence along the North tine of the Northwest Quarter of Bald Section 36, South 89'24'33" East a dbtance of 812.11 feet to a point, Thence leaving Bald North Ilne and along the Westerly Nne of Cobbkfiald Crossing 5ubdhdslon No. 2, South O0°1.6'26" West a. distance of 226.47 feet to the Pi3ENT OE GC~G11 IN6; Continuing along the Westerly line of Cobblefleld Crossing Subdivision No. 2 the folbwing: Thence South 00°16'26" West a distance of 203.14 feet to a point; Thence South 89.24'33" East a distance of 78.21 feet to a point; Thence South 11°42'27" West.a distance of 79.20 feet to a point; ' Thence South 26'02'45" West a distance of 198.43 feet to the Northeasterly Comer of Arch Rock Terrace Subdivision; Thence leaving said Westerly Tine and along the North line of Arch Rock Terrace Subdhrisbn, North 89.26'18" 1Nast a distance of 559.99 feet to a point; ' Thence leaving said North IEne, North 00'14'42" East a distance of 32.00 feet to a point; Thence North 89.26'18" West a distance of 6.83 feet to a point; Thence North 00.33'42" East a dlstanee~of ~4Z8.00 feet to a point; Thence South 89.26'18" East a distance of 588.45 feet to the PQIN'TOF EGINNIRiG. Said Parcel containing 6.426 acres X279,936 square feet), more or less. End Description Project No, 13-x32 Prepared August 16, 2013 ii 16'4 ~: Hitt Rd. IM6, Borro, ID 83702 8Sd-Ills p~4ono • (?OB) dAd-73s~1 fru xnlnlrwrw}aca~ McLinder Subdivision/Sawtooth Village AZ 13-010 Exhibit A Legal Description K~.ST"REL LAND SURV~.YlNG ZONE C-N - PARCEL AESCRIPTtON A pareel of ground located In the Northwest Quarter of Section 36, Township 3 North, Range 1 East of the 8olse Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at the Northwest Corner of Section 36, T.3N., R.1E., B.M.; Thence along the North line of the Northwest Quarter of said Section 3b, South 89°2x'33" East a distance of 812.11 feet to a point; Thence leaving Bald North tine and slang the Westerly line of Cobblefleld Crossing Subdivision No. 2, South 00'16'26" West a distance of 226.47 feet to a point; Thence leaving said Westerly line, North 89'26'18" West a distance of 58$,45 feet to a point; Thence South 00.33'42" West a distance of 428.00 feet to a point; Thence South 89.26'18" East a dts4ance of 6.83 feet to a point; • Thence South 00°14'42" West a distance of 32.00 feet to a point on th• North hne of Arch Rack Terrace Subdh-lslon; Thence along said North Nne, North 89.26'18" West a distance of 228.01 feet to a point • on the West line of the Northwest Quarter of sAld Section 36;• Thence along Bald West line, North 00.14'42" East a distance of 686,89 f to the POINT ®F BEGINNING. • Said Parcel containing 6.578 acres (286,536 square feet), more or less, and Inch~ies Right-of--Way for West McMillan Road and North Linder Road End Description Project AIo.13-132 Prepared Augus416, 2013 l67I IY FNII ltd ild, Bola:, !D 43701 _ (70~Gj dd_8-7315 phone - (14s3, d63.7ut faY JCsitrlrurrsy.co~ l,lvLiatuvi I.INV~Al . iVavaL ,JK .. Vvva,tt • iiiN -~v < 1u 1/ v 1 v ~x~~h~~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW r~ AND IDAHO DECISION ~i ORDER In the Matter of the Requests for Annexation and Zoning of 13 Acres of Land with the R-15 (6.43 Acres) and C-N (6.58 Acres) Zoning Districts; Pt•eliminary Plat for McLinder Subdivision Consisting of Twenty-Eight (28) Building Lots (7 Commercial & 21 Multi-Family Residential) and Two (2) Common/Other Lots on 11.88 Acres of Land; and Condtttonat Use Permit for aMulti- Family Development (Sawtooth Village) Consisting of Eighty-Four (84) Dwelling Units on 6.43 Acres of Land in the R-15 Zoning District, Loeated at 4650 N. Linder Road, by Mary Murphy, TS Development, LLC. Case No{s). AZ-13-010; PP-13-022; CUP-13-010 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 G7, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 201 i, 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 ptoviding sewices in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE I~IO(S). AZ-13-a10; PP-13-022; CUP-13-Ot0 -I- 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City CIerk and then a copy served by the Clerk upon the applicant, the Planning Deparhnent, 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 b, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a evndition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement with the provisions contained in the attached Staff Report for the hearing date of November 6, 2013, attached as Exhibit A. 2. The applicant's request for a 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. 3. The applicant's request for conditional use permit 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 ofPreliminary 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 ol• short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with l 1-6B-7.A, the Director may authorize a single extension oftime 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 a~ determined and approved by the City Conncil may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-o10; PP-13-022; CUP-13-010 -2- extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. Dw•ing this time, the applicant shall commence the use as permitted in accord with the conditions ofapproval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two {2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) ttvo (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council maybe granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-SB-6F). 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 andlor rezone (UDC 11-SB-3D). A lnodii•ication to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to 1•equest 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 talcs notice that this is a final action of the governing body of the City of Meridian. When app'licablc and pursuant to Idaho Code § G7-G521, 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 tllis 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). AZ-13-014; PP.13-022; CUP-13-010 -3- By action of the City Council at its regular meeti~ig held on tl~e ~~ day of ~~ , 2013. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) _ ___- _ .'~/'~~l ,. -' r ayoc ~r~ _de Weerd Attest: ~ ~~;T~ ~~ ,~ ~~ ~~~ <•~ f +~ ~~ '~ .laycee Hnl is ,City Clerk ~ -~ ~ ~~ ~~t~ ~~ ~ `N I ~ ~. ~. ~,>< ;,; Copy served upon Applicant, Tile P1aItYm~ l~elsartment, Public Works Department and City Attorney. '~ ~` °~~ Dated: - t,1~ - ~ ltY .,lerl~s b ice - CITY OF MERIDIAN I~INDWGS Ol~ FACT, CONCLUSIONS OP LAW AND DECISION & ORDER CASE NO(S). AZ-13-O10; PP-13-022; CUP-13-010 -4- EXHIBIT A STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: November 6, 2013 Mayor & City Council Sonya Wafters, Associate City Planner 20$-884-5533 I I .~ 1pAH0 Bruce Freckleton, Development Services Manager 208-8$7-2211 AZ-13-010; PP-13-022 -McLinder Subdivision CUP-13-010 - Sawtooth Village I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, TS Tevelopment, LLC, has applied for annexation and zoning (AZ) of 13 acres of land with R 15 (6.43 acres) and C-N (6.58 acres) zoning; and a preliminary plat (PP} consisting of 28 building lots (7 commercial and 21 multi-family residential) and 2 common/other lots on 11.88 acres of land in the proposed R-15 and C-N zoning districts for McLinder Subdivision. A conditional use permit (CUP} is also requested for amulti-family development consisting of 84 dwelling units on 6.43 acres of land in the R-15 zoning district for Sawtooth Village. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PP & CUP based on the Findings of Fact and Conclusions of Law in Exhibit D of this report. The Meridian Planning & Zoning Commission heard these items on October 3, 2013 At the public hearinu, the f".nmmission moved to recommend approval of the st~biect AZ PP and CUP requests. a. Summaav of Commission Public Hearing= i. In favor: Lance Warnick~Aspen Engineers; Penelope Riley. Rile~anning Servicesi Tom Bevan ii. Li opposition: None iii. Co,unientin~: Nune iv. Written testimony; None v. Staff presenting application: Sonya Wafters vi. Other staff commentin~on application: None b. Key Issue(s) of Discussion by Commission: i. The number of bicycle racks needed for the multi-family portion of the development c. Key Commission Change(sl to Staff Recommendation• i. Sti~ke conditions #l.l.e and #1.3.2 pertaining to a requirement for amulti-use~athway along Linder Road as one is not required; and ii. Moclification to condition #1.2.1q to require at least 10 bicycle racks to be provided within the multi-farm! develo ment in locations a reed u on b the a licant and staff, d. Outstanding Issuelsl far Citv_C_ _ouncil• i. None McLinder Sub/Sa«~tooth Village AZ-13-010; PP-13-0~~; GiIP-13-010 PAGE 1 EXHIBIT A ,~ Summary of Citv onncil P ihlic Hearint• L In favor: Lance Warnick Tom i3evan Penelope Riley (Anplicant'c Repreaentativecl ii, In onnO;~iHon: NnnP. jjj, Commenfin~: Nine ~, Written testimony: None yt taff nreseritin anplic tion: onva Watters yla Other staff Comm n in nn application: N2tie (2~ ev Issues of Disc ~ssio by ~;ouncil: L 1~l211la y_, ev Council Chanue__c tn, ('ommlcSinn Re~nmmpnriatinn Council approved the annlicant's request for a waiver to . ll- A-3 for access to be ~~ ouncil a»nroved th an licant'~ r~+~~~ ~+ Pr,r• a Waiver (~ 11 3A h to allow a portion of the Lemn C".anal to remain on_ nand not be Wiped (see condition #1,,1 a l 4 2 ~~-2.,~.-5- III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13- 010, PP-13-022 & CUP-13-010, 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 to deny File Numbers AZ-13-010, PP-13-022 & CUP-13-010, as preserved during the Iieariug ou November G, 2013, for the following reasons: (You should state specific reasons for denial.) Continuance 1 move to continue File Numbers AZ-13-O10, PP-13-022 & CUP-13-010 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY rACTS A. Site Address/Location: The site is located at 4650 N. Linder Road on the southeast corner of N. Linder Road and W. McMillan Road, in the NW '/a of Section 32, Township 4 North, Range 1 West. (Parcel No.'s S0~136223401 & 50436223441) B. Applicant: Maiy Murphy, TS Development, LLC 4202 N. Mareliff Ave. Boise, ID 83704 C. Owner: Same as applicant D. Representative: Lance Warnick, Aspen Engineers 2422 12~' Avenue Road, Ste. 323 Nampa, Ill 83686 Mcl.inder Sub/Sawtooth Village AZ-13-010; PP-13-022; CIJP-13-o10 PAGE 2 EXHIBIT A E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation & zoning, preliminary plat, and conditional use permit, A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chaptet• 5. B. Newspaper notifications published on: September 16, and 30, 2013 (Commission); October 14, and 28, 2013 (Ci Council,) C. Radius notices mailed to properties within 300 feet on: September 12, 2013 (Commission); October 10, 2013 (Cit~Council) D. Applicant pasted notice on site(s) on: September 18, 2013 (Commission); October 25, 2013 (CitX Council VI. LAND USE A. Existing Land Use(s): The subject two parcels currently have existing homes on them. B. Character of Sul•1•ounding Area and Adjacent Land Use and Zoning: Nol•th: Commercial properrty (Walgreen's) in the development process, zoned C-N South: Single-family residential (Arch Rock Terrace Sub.), zoned R-8 East: Single-family residential (Cobblefield Crossing Sub.), zoned R-8 West: N• Linder Road & vacant land, zoned L-O C. History of Previous Actions: None D, Utilities: a. Location of sewer: The city currently owns and maintains a sewer main in W. Ann Taylor Street adjacent to southwest 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 water mains in W. Alm Taylor Sheet adjacent to the southwest, W. Cobblefield Street adjacent to the southeast, and W. McMillan Read, adjacent to the north of the proposed devel~prncnt_ These maim will he interconnected with the proposed development. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Lemp Canal runs along the north boundary of this s`Ite adjacent to W. McMillan Road. Another cunttl runs along the southeast col•ner of the site. A couple of other ditches exist at the northeast corner of the site. 2• Hazards: Staff is not aware of any hazards that exist on this site other than the open waterways. 3. Flood Plain: This site does not lie within the floodplain overlay district. VII. COMPREHENSIVE PLAN/ANALYSIS The Comprehensive Plan Future Land Use Map (FLUM) currently designates the subject property as "Mixed Use -Neighborhood" (MU-N). McLinder Sub/Sa~~~tooth Village Az-]3-010; PP-13-022; CLJP-13-010 PAGE 3 EXHIBIT A Per the Comprehensive Plan, the purpose of the MtT-N designation is to assign areas where neighborhood-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to avoid predominately single-use developments by incorporating a variety of uses. Land uses in these areas should be primarily residential with supporting non-residential services. Non-residential uses in these areas tend to be smaller scale and provide a good or service that people typically do not travel far for (approximately one mile) and need regularly. Employment opportunities for those living in the neighborhood are encouraged. Connectivity and access between the non-residential and residential land uses is particularly critical in MU-N areas. Tree-lined narrow streets are encouraged. Developments are also encouraged to be designed according to the conceptual M(J-N plan depicted in Figure 3-I in the Comprehensive Plan (pg. 25). The applicant plans to develop 6.43 acres of the site with (21) 4-plex structures containing a total of 84 dwelling units and 6.58 acres of the site with neighborhood-friendly commercial uses. The proposed gross density is 13.07 dwelling units per acre which is slightly above the desired density of 6 to 12 dwelling units par acre in MU-N designated areas. Stag finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): ® "Provide far a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development." (3.07.03B) McLlnder Sub/Sawtooth Village AZ-13-010; PP-13-0~~; CUP-23-O1Q PAGE 4 EXHIBIT A The proposed trtulti family residential development will contribttte to the variety of housing types available within this part of the City. ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) City sewer and water services at•e available to be extended to the subject property and the site is contiguous to the City. ® "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation. low walls, berms, etc.} (3.06.02F) A 25 foot wide landscape bt ffer is required along W McMillan Road and N. Linder Road as shown ott the landscape plan in accord with the standards listed in UDC Table 11-2A-7 8L 11-3I3-7. ® "Protect existing residential properties from incompatible land use development on adjacent parcels." {3.06.O1F) The proposed neighborhood commercial and residential use of the property should be compatible with existitg surrounding residential, cotnntercial, andfutttre office uses. ® "Support applications that apply the neighborhood center concept." (3.01.02A) The proposed developtnertt is consistent in layout and uses with the neighborhood center concept in Figt.~re 3- J of the Comprehensive Plan (pg. 25). ® "Encourage infill development." (3.01.02B) The subject property is surrouttded by property that has been developed in the City; annexation of this infill property will allow city services to be extended to the property as intended and provided for. • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets:' (2.01.04B) Landscaping within planter islands in the parking lot of the cortttnercial portion of the site and the street bt ffers along Linder and McMillan Roads are required to be installed with development of this site. 7n ,czznmzaz y .staff finds the proposed developtner~t is generally consrste»t with the comprehensive plan. VIiI. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zones: Per UDC 11-2A-1, the pulpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. 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. Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Small-scale convenience uses with limited hours of operation and access to arterial or collectol• streets are desired in the C-N district. B. Schedule of Use; Unified Development Code (UDC) Table 11-2A-2 lists tho permitted, McLinder Sub/5awkooth Village AZ-13-010; PP-13-022; CUP-13-010 PAGES EXHIBIT A accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family development is listed as a conditional ttse in the R-15 zoning district. The specific use standards listed in UDC 11-4-~-27 for multi-family developments apply to development of this property. 'fable 1 I-2B-21ists the permitted, accessory, conditional, and prohibited uses in the C-N zoning district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and UDC Table 11-2B-3 for the C-N district apply to development of this site. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to dcvelopmerlt of this site. E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4- 3-27C; andl 1-4-3-27D. 1X. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: ANNEXATION & ZONING (AZ): The applicant proposes to annex and zone a total of 13 acres of land with the R-15 (6.43 acres) and GN (6.58 acres) zoning dislricls wnsisleril wifh lire FLUM designation of MU-N for this properly. The applicant has submitted a site plan, included in Exhibit A.4, which depicts how the site is proposed to develop with amulti-family residential development and neighborhood commercial uses. The legal description submitted with the application, included in E~dlibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the City's Area of Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6S11A. In order to ensure the site develops as proposed with this application, staff 1•ecolnmends a DA is required as a provision of annexation with the provisions included in Exhibit B. CONDITIONAL USE PERMIT (CUP): A CUP is requested for amulti-family development in an R-15 zoning district in accord with UDC Table 11-2A-2. The multi-family development is proposed to consist of (21) two-story 4-plex structnres containing a total of (84) 2 and 3 bedroom dwelling units. Each of the units will have an upstairs and a downstairs. Each of the structures is proposed to be on individual lots; }lowever, the project as a whole will be lnallaged by ouc properly owners assacialion and have an orl-silt properly uaanager. Specific Use Standards: The specific use standards for multi-family developments listed in UDC 11-4-3-27 apply to development of this site as follows: ® A minimum of 80 square feet (s.£) of private useable open space is required to be provided for each unit. The site plan depicts 80 sf. patios for each unit as typical for each iehit in the development. ® Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory map of the development McLinder Sub/Sawtoorh Village A2-13-010; PP-13-022; CUP-13-010 PAGE 6 EXHIBIT A at an entrance or convenient location for those entering the development. A rental office and maintenance facility is proposed within the clubhouse. A directory for the development is proposed in front of the clubhouse at the north entry and at the west entry. A central mailbox location is required to be provided in accord with the aforementioned standards. ~ At a minimum, 250 s.f. of common open space is required for each unit containing mere than 500 s.f. and up to 1,200 s.f. of living area. Because all of the proposed units contain behveen 500 and 1, 200 square feet of living area, a rnininaum of 21, 000 sf. of cormnon open space is required to be provided. A total of 97.662 sf, of common open space is proposed in compliance with this requir~emerrt. ~ At a minimum, four (4) amenities are required to be provided on the site based on the total nuinUer of units (84). These amenities arG required lv be I'i•oui separate categuries as listed in UDC 11-4-3-27D. The applicant proposes to provide a clubhouse, stvinrnaing pool, playground, barbeque ar•ed with picnic tables, walking paths, and open grassy areas in compliance with this requirement. ® The architectural character of the structures shall comply with UDC 11-4-3-27E. The conceptual elevations appear to carrrply with this requirement; however, alJ structures are r•egarrr•ed to obtain design review approval in accord with _ the aforernentiarred standards and guidelines contained in the Meridian Design Manual. ® Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shalt have landscaping along their foundation as follows; the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall he landscaped with ground cover plans. The Landscape plan submitted with the Certificate of Zoning Compliance for the structures should comply with this requirement. ® The development is required to record legally binding aoe;umeiits that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant shall submit doeumerrtatiorr of compliance with this requir•enrent with submittal of the Cer•tifrcate of Zoaring Compliance. Access: Access to the multi-family development will be provided via driveway accesses off of W. McMillan Road and W. Ann Taylor Street. A blanket Dross-access easement should be depicted on the final plat for all lots within the multi-family portion of the development and the driveway lots as applicable. Parking: For multi-family developments, the UDC (Table 11-3C-6 & ll-3C-6G} requires a minimum of two vehicle parking spaces per dwelling unit with at least one in a covered carport or garage; and a minimum of one bicycle parking space for every 25 proposed vehicle spaces or portion thereof. The clubhouse will require one space per 500 square feet of gross flool• area. Based on 84 dwelling units, a minimum of 168 vehicle parking spaces are required to be provided with 84 of those covered; a total of 1'71 parking spaces nre proposed with half of those covered in compliance with this requirement. Carports are proposed on the site plan; a detail of the proposed carports will be required with the Certificate of Zoning Compliance and Design Review application(s) for the multi-family structures. A minimum of 7 bicycle parking spaces are required for the residential portion of the development. Four (4) 4-stall bike racks are proposed on the site plan in various locations. Staff recormnerzds that bicycle parking facilities be provided for each building or pair of buildings (at McT.inder Suh/Sflwtnoth Vi11aEe A7_-13-010; PP.13-022; CLTP_13-010 PAGE 7 EXHIBIT A a mirtintum, and far the clubhouse/pool area in a number adequate to serve the residents and visitors as applicable. Landscaping: Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11-3B-$C. Each planter island that serves a single row of parking spaces is required to be landscaped with at least one tree and shall be covered with low shrubs, Iawn, or other vegetative grotrndcover. The landscape plan submitted with the Certificate of Zoning Compliance application shall comply with this requirement. In the C-N district, a 20-foot wide Landscape buffer to residential uses is required on the commercial property in accord with the standards ]isfed in UDC 11-3B-9C. The applicant requests City Council approval of a reduced buffer width from 20-feet to 15-feet in accord with UDC 11-3B-9C.2. Because buildings will not encroach within the required buffer area and additional landscaping is provided on the residential portion of the site, staff supports the applicant's request. Certificate of Zoning Compliance: The applicant is required to submit an application for Certificate of Zoning Compliance for the proposed use and structures prior to establishment of the new use in accord with UDC I 1-SB-1. Building Elevations/FloorPtans: Conceptual building elevations and floor plans for the rnulti- farnily structures were submitted by the applicant and included in Exhibit A.S. Administrative design review is required for all multi-family and commercial sh•uctures in accord with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Design Review: The applicant is required to submit an application for Design Review concurrent with the Cer•tifieate of Zoning Compliance application in accord with UDC I 1-5B-$. The site and building design is required to be consistent with the standards listed in UDC 11-3A-19 and the design guidelines included in the Meridian Design Manual. PRELIMINARX PLAT (PP}:APP consisting of 2$ building lots (7 commercial and 21 multi- family residential) and 2 common/other lots on 11.88 acres of land in the proposed R-15 and C-N zoning districts is proposed for McLinder Subdivision. The plat is proposed to develop in two phases. Phase I will include infrastructure and utilities on the (21) 4-plex lots and 2 common lots, the driveways on the west side of the apartments and the sidewalk along McMillan Road. Phase II will include construction of additional infrastructure, landscaping of the commercial lots and pipiltg a section of the Lemp Cana[. Construction of the individual structures in the R-15 zone and the commercial buildings, parking and driveways in the C-N zone will proceed based on market interest and community needs. Existing Structures: There are two existing homes and associated outbuildings on this site that will be removed with development of the site. The existing domestic wells and septic fields far these homes will be abandoned. One of the existing homes currently takes access directly from McMillan Road. This access shall be abandoned. Dimensional Standards: Staff has reviewed,tlre proposed plat for compliance with the dimensional standards listed Ln UDC Table 11-2A.7 for the R-15 zoning district and Table 11-2B- 3 for the C-N zoning district. All of the lots comply with the minimum standards. A minimum 25-foot wide street buffer, measured from the back of curb where there is a detached sidewalk or back of sidewalk where the sidewalk is attached (as applicable), is required adjacent to N. Linder and E. McMillan Roads, both arterial streets; and a minimum 10-foot wide street McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010 PAGE 8 EXHIBIT A buffer is required adjacent to W. Ann Taylor Street on the C-N zoned portion of the site, as proposed. Access: One access point via N. Linder Road and two accesses via W. McMillan Road are proposed for this site. Curb cuts for these accesses were constructed with the adjacent road improvements. A portion of W. Ann Taylor Street at the southwest earner of the site was constructed with Arch Rack Terrace Subdivision, the remaining portion is proposed to be constructed with this subdivision. A driveway will connect to W. Ann Taylor Street for access within the development. A short section of W. Cobblefield Street is also proposed to be constructed across the southeast corner of the site to connect two existing stub streets. A right-in/right-out access via Linder Road is proposed midway between Ann Taylor and McMillan Raad. The western access via McMillan is proposed to be restricted to right-in/right- out. The eastern access is proposed to be a full access. The driveways for these access points are depicted on the plat within an access easement; the easement should provide access for all lots within the subdivision. In an effort to improve safety, the UDC (11-3A-3) limits access points to arterial streets by combining and/or limiting access points. Local street access will be provided from the south via W. Ann Taylor Street; however, the applicant requests a waiver from Council to allow the other three direct lot accesses shown via Linder and McMillan Roads, adjacent a~•terial streets. Prior to Clty Council action on these applications staff recornrnends the applicant gain ACHD approval for all direct lot access points to Linder Road and McMillan Road. Landscaping: A 2S-foot wide landscape buffer is required along N. Linder and E. McMillan Roads, both arterial streets; and a 1lI-foot wide buffer is xequired along W. Ann Taylor Street Street, a local street, on the commercial portion of the site, per UDC Table 11-2B-3. Street buffers are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. The landscaping shown nn the landscape plan complies with the aforementioned standards. Multi-Use Pathway: Amulti-use pathway (a section of the Eagle Island on-street pathway) is designated on the Master Pathways Plan for this site along N. Linder Road. Because there is an existing sidewalk (5' wide detached £c 7' wide attached) along Linder, the Parks Department is not requiring an additional pathway to be provided. The existing sidewalk will satisfy the pathway connection in this area for the Eagle Island pathway. Waterways: The Lemp Canal runs along the north boundary of this site adjacent to W. McMillan Road. Another canal runs along the southeast corner of the site. A couple of other ditches exist at the northeast corner of the site. The UDC (11-3A-6A) requires all irrigation ditches, laterals and canals to be piped, or otherwise covered unless left open as a water amenity or linear open space. The applicant is proposing to pipe approximately 300 feet of the Lemp canal midway between the east and west boundaries but requests Council approval of a waiver to T_TDC 11-3A-6A.3 to allow the remaining portion (approximately 485 feet) to remain open due to its large capacity. The applicant expects the canal will require a 5' x 5' pre-cast box culvert with wzng-valls on each end to pipe. The other waterways on the site will be piped as required. Fencing: A b-foot tall cedar fence is proposed along the southern boundary of the site adjacent to the residential area. A 6-foot tall cedar fence exists along the entire east side of the site that is proposed to remain. Temporary fending to contain debris during construction is required to be installed around the perimeter of the site in areas where fencing is not proposed or does not exist. The UDC (I 1-3A-dB) requires all open irrigation ditches and canals to be fenced in accord with the standards listed unless improved as part of the development as a water amenity in accord with McLinder Sub/Sawtooth Village AL-13-010; PP-13-022; CUP-13-O10 PAGE9 EXHIBIT A the standards listed in UDC 11-1A-L Details demonstrating compliance with the aforementioned standards will be required with the final plat application. Sidewalks: A 5-fnnt wide sidewalk exists along N. Linder Road that is attached north of the northern access and detached south of the northern access; no sidewalk exists along E. McMillan Road. A 5-foot wide detached sidewalk is required along E. McMillan Road m accord with UDC 11-3A-17. The sidewalk along E. McMillan Road is required to be constructed with the first phase of development as proposed. Open Space ~& Site Amenities: A minimum of 10% of the residential portion of the site is required to consist of qualified open space in accord with UDC 11-3G-3A. The residential portion of the plat consists of 6.43 acres; therefore, a minimum of 0.64 of an acre of qualified open space is required to be provided in accord with the qualifications for open space listed in UDC 11-3G- 3B. Atotal of 1.1 acres (or 1 S% of the site) of qualified open space is proposed with this plat, consisting of open grassy areas. In accord with UDC 11-3G-3A.2, a minimum of one qualified site amenity is required to be provided within this development as set forth in UUC 11-3G-3C. A clubhouse, swimming pool, barbeque area with picnic tables, a playground, pathway to the common areas, and an additional 5% of open space is proposed as site amenities in compliance with this requirement. A detail of thG prupused playground equipment should be provided with the final plat application. Water & Sewer Service: City water and sewer service is available to be extended to the deve(oplnent via main lines in W. McMillan Road, W. Ann Taylor Street, and W. Cobblefield Street. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-1 S as proposed. Storm Drainage: An adequate stolrn drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC l 1-3A-18. Sta„~f'recon~merrds approval of the subject applications with the conrlitzo> s Listed in Exhibit B per the Findings in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: S/ll9{~ 11/1/13) - RF_,VISE.D 3. Landscape Plan (dated: 8/19/13) 4. Site Plan (dated: 8/19/13) 5. Conceptual building Elevations & Floar Plans B. Agency Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company McT.inder Suh/Saa~tonth Village AZ.13-010; PP-13-022; CLTp_13.010 PAGE 10 EXHIBIT A 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Annexation & 'Coning D. Required Findings from Unified Development Code McT,inder Suh/Sarvtooth Village. AZ_13-010; PP-13-022; CUP-13-010 PAGE 11 EXHIBIT A Exhibit A,1: Vicinity Map Md.inder Suh/Sawtnoth Village A2-13-010; PP-13-022; CUP-]3-010 PAGE 12 EXHIBIT A Exhibit A.2: Preliminary Plat (dated; 5~-311/1/13) -REVISED ~~ ~ -~:,.w . . ~p~ r WW YW ~W ti,®wW ' w--.~..~~ r ~ am f, iw«. „ . .« ~ ~K.. » »»» w _ ,,~ ~e r` ..~ ,~ «.: - 4 Q Mwi 1Y r.u+.r I 14`+~ I i 1 ~~ 1 I ' _; I __~._ ~ r~` ~ N 1 "'`~ I `~~ I , ;~ ~ ' ~ t ' O J ' .~ PR ~I E U M A R tAT Q Y P F __- p ~ 1 f b ` p( ~ y ( 1 , ~1 /'~p~ MQL.~N®ER .ciU®®~Y't7~V1V ® LOCATED IN APORTION OF THE Nw 114 OF THE NW 11t OF - 3ECttON 98, T.aN, R.i W. RISE MERIDIAN ~ Y :>bS~'~i1'«.~'r.r . CITY OF MERIWAN, ADA CQUNTY, pANO ~ y~ NOVEMBER i, 2010 } ii ° _ ~ ~ ~ `__~ _ iWit1~L7^ - ---- o .,_.__ ~~urr ...® 1 __~._ a _. - ~~ .,_.._ rmesr~~ x-w--~..~,.. w~ / 'd ~ ~ ~ I~ ' .w.r ~.,~ .®we a°.r«w wwra°war+r ~ ww® # i%1iR4~ i ~ ~ Wbww w ~M ,.o { m+~... r..aw... wti.wa ~~wv ,( / . ~~ 1~ ~~ ~ Yx5 r1 j$ ~~ t 3r ,1 n; ~ c ~$ ~~~~ 1~~~ ~~ ~+. rr~wNrr rut PP 1 McLinder Sub/Sawtooth Village A2-13-010; PP-13-0~2; CUP-13-010 PAGE 13 EXHIBIT A Exhibit A.3: Landscape Plan (dated: 8/19/13) i~ ~ z ~ .;: 1. .1~ e ~,.~ ....•r` ~~.v itwxrana+ ! ~ . ~rw ....v ~frre~~m-rM 4 1.r~riock'x. b ~ W.WtMr~~ PYT.ArI ~. ~.M~TM6 pR7/6ft. ImYw i ~1 ~~I ' ~, -' Yr"' - \MY McLinder SublSawtooth Village AZ-13-010; PP-13-022; CUP-13-010 PAGE 14 EXHIBIT A Exhibit A.4: Site Plan (dated: S/19/13) stye PLAN oRAwirxs PDR nla: SAWTCIUTM VILLAGE / McLINDER SUBDIVISOON ~; ,i ~, ~~# ~ ;~ ~~~~~ n gip., McLinder Sub/Sawtooth Village A2-13-014; PP-]3-022; CUP-I3-010 PAGE I S 1O0A1 ED IN A PORTION OF THE NW 114 OF THE NW Ito OF 8ECT10N ~, T,4N, R,1W, BOISE t~RIDtAhI, EXHIBIT A Exhibit A,S: Conceptual Building Elevations & Floor Plans Fir...; "3'':e w. ~~x;~tr~P~~ ~«~. ~.~.~:.: n[` =e[PI' T1 w# ~M~. W f~' ~V~t .:w' a.., . d e.' [~ .6R M R :' ~ [ . ..'~1. ~~. .H ~'F I,.P- N li ®~ ,q~ Q~ vI V sp! i G ~ ~~ ,. ~ ~ 3iY[ eu'vanor~s Mci,inder Snh/Sa~utnoth Village A2.13-OiO; PP-13-022; CLJP-13-010 PAGE Z 6 UNIT "A" E'~ITBYELE~fATION -LTNTT "R" PATIO EI.EVATIQN "xc x,r.: r UNIT "8" HN2'RT P.LEVATION • ilA'TT fi" PATIO ~tE~*AI'IO:~ r++ iv'.Tr EXHIBIT A N ~Q ~~ PAGE 17 EXHIBIT A --~~ I ~~ , . 1 - i ' ~1 I, ~' ~ ,. -, -- - -- o --, _ '~f ~~ ~ ~~ ~~. .. .: '~ ~ I __ I~~ ~~ ~~ r ~~' [ I,!~lIT i:+ 'I ~, ~-:~ F ff~, ~~>>-~ r -i~ ~/ _~ _ ~f~iI~~J1T , `' ~~' , .F.,~_ FI ~~ `~ T FLr,,: 'p _- <~ ~:. __- ` _ ~~,~' __ t ~ - f ~ti, @R r~,'. k= ;:; ,~;; F, ; - ~ ' - ~. IIt'~'1~1'Y ~. ~ ' I . _ _~ ' i. s P 11T I_=~ _ ~(~~ ~~ ,~ :' - ~.. F. :IT Es .. ,.~ - ~ I !IL h4; ; .;,t~ ~F. ~ ~: e ~_ a ~ ,, e ~~- __ _._... _.___. _.._.._-__ _ ; ~ a ~ ~_,,, - - ~ ~ _ ~ ~, c ~.. I +.5. ~ ~+~ .~ `~` { i _~ ,,~ I '_~p ~ i t~~~~ ~ ~~ i~ ~ fir ~ ~,~ tiii .,~ ~ , --~ ~ ~,~: ~., try ~ r~~ • -- ~f_1 __ - =-`J Md_inder Sub/Sawto~tb Vill.xge A7_-13-010; PP-13-022; CUP-13-010 PAGE 18 EXHIBIT A I ~ ~ ~ II ~`~~ ~ , + _ , ~ t ~ ~ • ~ ~ ~ }-tit t•'.. V ~ ~ ~ ~ ~ ~ ~~ + •~ ~ 'r i f--- _ _ __. __ _ .. - ~, ~_ _ ~ • ~ ~ ~ t 1° ~a~ ~ ~ ~~ _ ~ ~~ ~ ~'I , , rr i 1 ` '' ' I ` _ _ ,~. ~ =~ _ ;- _ ~; ; ~, ~, (),~ 5 t1 II' 1+ ' ` __ ~ ~~. -a~ f_,. ~ 1 ~ r~i` J 7 , . i 114 ,ter 1 1 y ~ ~ V i f' ' ~ y_r .. ,;fir{ b c 4_ ~. 1 i ~~ ~ ~ ~~~ ~~'- Y~1' .r (~ - t~yq~ i1 i ~ ~ ~ ~.~~ ~~' ,c, - r~ ~ l ~ ~ , j_i - ~~~ ~ ',,: ~ ~_ _ _ _~ ~~ Mcl.inder 4uh/Satvtnnth Vill;ige A7_-13-O10; Pp-13-022; CLIP-13-O10 PAGE l9 r' ~ ; - o- -- ~ } t~ ~ ,;~r~ ; y ~ x13 i~a~~I~. .~s.~ ~ ~~ k ~ ~ .-„ . , 'j. f 1.1XHIBIT A ,~.'"~ tt {~~ ~~ P~~ -1,-. ! .~... ~ `.2~L~ Mcl,indet• Snh/Sa«rfnnth Village A7-13-(110; PP-13-022; CUP-13-(110 PAGE 20 ~~ .i ~ - ~ -- -- EXHIBIT A B, Agency Comments/Co~tditions 1. PLANNING DEPARTMENT ANNEXATION & ZONING 1.1 A Development Agreement (DA} is required as a provision of annexation of this property. Prior to the annexation ordil~ance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Clerk's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Upon redevelopment of the site, the developer shall pipe tfi-e-Lenrp-Gan$I-and all ether ditches on the site as set forth in UDC 11-3A-6A, unless otherwise waived by City Council. Council a roved a ~vaiver• to UDC 11-3A-6A to allow a portion (ap~roxintately 48S feet) of the Lernv Canal along the rror~lZOUndarv ofthe site to rejnain oven and trot be~i ev d as ~znosed by the Applicant. b. The subject property shall develop consistent with the site plan, preliminarty plat and building elevations included in Exhibit A. c. Access to this subdivision is restricted to those access paints approved by City Council and allowed by ACHI1 with the preliminary plat for this site. The City Council advroved the apnlicartt's rearrest for a waiver to UDC 11-3A-3 for one q~ress to the site via W McMillan ,$o_~'4d_arad axe access ~oirat via N. Lit~C er Road as shota~n on the r21~),~ed blot in ~ihibit A.2. d. A minimum 20-foot wide landscape buffer to residential uses is required to be provided on the commercial property in accord with UDC 11-3B-9C.2 unless otherwise modified by City Council. ,~ In ~ f r:a~ „~+: „+~,,. , i,. „+:„ .,~+we n,,,,i., rn~,.,,a „ ,.«..o9t-pa~}-t' v. v vvc-z' , CONDITIONAL USE PERMIT 1.2 Site specific Conditions afApproval 1.2.1 Development of the site shall substantially comply with the site plan and building elevations included in Exhibit A, the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual. 1.2.2 The developer shall comply with the specific use standards for multi-family developments listed in UDC ll-4-3-27. The plans submitted with the Certificate of Zoning Compliances} for this development shall demonstrate compliance with these standards. 1.2.3 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UllC 11-3A-7 and 11-3A-6B. The UDC (IL-3A-6B) re~trires all open irrigation ditches and canals to be fenced in accord with the standards listed unless improved as part of the development as a hater amenity irr accord with the standards listed in UDC 11-IA-1. Details derrrorastrating corttpllance witlt the aforenterttionedsrandards McLinder SublSawtooth Village AZ-13-O10; PP-13-022; CUP-13-010 I'AG> 21 EXHIBIT A will be required with the final plat application. 1.2.4 At a minimum, five (5} amenities are required to be provided on the site based on the total number of units (84) and the size of the property, in compliance with UDC 11-3G-3 and 11-4-3- 27D, The applicant proposes to provide a clubhouse, swirnnzing pool, playground, barbeque area with picnic tables, walkingpaths, and open grassy areas in compliance with this requirement. 1.2.5 The applicalrt shaft provide a minimum of 1.1 acres of common open space that meets or exceeds the standards set fol•th ill UDC 11-3G-3B and 11-4-3-27C. 1.2.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2,7 Landscaping is required to be provided along the foundation of all street facing elevations in accord with the standards ill UDC I1-4-3-27-F. 1.2.8 The applicant shall record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and otllel• development features. Documentation of compliance with this requirement shall be with submitted with the first Certificate of .Zoning Caznpiiance application for the ruulti family development. 1.2.9 Vehicle parking shall be provided for the multi-family development in accord with the standards listed in UDC Table 11-3C-ti. A minimum of two (2) parking spaces are required per unit; one of these in a covered carport or garage. 1.2.10 A minimum of ten (10) bBicycle parking facilities shall be provided for r°°~~'°~*° °~a ~•~^~*^r-s-as-appl-ieable the multi-famil~lopment in locations a er~pon by the applicant and staff. Bicycle parking shall comply with the standards listed in UDC 11-3C-SC. 1.2.11 The carports shall be constructed to be compatible with the associated residential buildings in accord with the Meridian Design Manual (pg. 135) and UDC 11-3A-19. PRELIMINARY PLAT 1.3 Site Specific Conditions of Approval 1.3.1 The final plat shall substantially comply with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C. enn rr Rea rat: 1.3.3 The existing structures on the site and the access serving the home on McMillan Road shall be removed prior to signature on the final plat by the City Engineer. 1.3.4 A ininiinum 5-foot wide detached sidewalk is required to be constructed along W. McMillan Road in accord with UDC 11-3A-17. This sidewalk shall be installed with the first phase of this development. 1.4 General Conditions of Approval 1.4.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.4.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. The City Council avvroved a waiver to UDC 11-3A-6~ to allow aportion McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010 PAGE 22 EXHICBTT A LayyNOxirnately d85 feet) o e .Lemv Canal alone thQ nO~t1~ 1 oundaty of the site to remain o}rzn and not be vived as yrovosed by the ,4~p ~~~'nt 1.4.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-1 I. 1.4.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.4.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. I.4.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.4.7 Construct all off-street parking areas consistent with the standards as sat forth in UDC I 1-3B-SI, 11-3B-8C, and Chapter 3 Article C. 1.4.8 C.onsh•uct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.4.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- l 1 C. 1.4.10 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. 1.4.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-SC. 1.4.12 Comply with the outdoor service a11d equipment area standards as set forth in UDC 11-3A-12. 1.4.13 Consh•uct all required landscape areas used for storm water integration consistent with the standards as set forth in LTDC 11-3B-11C. 1.4.14 Comply with the stntcture and site design standards, asset forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.4.15 Comply with all provisions of UDC 1 I -3A-3 with regard to maintaining the clear vision triangle. Z.5 Ongoing Conditions of Approval 1.5.1 The conditional use may only be transferred or modihed consistent with the provisions as set forth in UDC 11-SB-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.5.2, 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. 1.6 Process Conditions of Approval 1.6.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.6.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-SB-6F1 or 2) gain approval of a time extension as set forth in UDC 11-SB-6F4. 1.6.3 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of a building permit application. McLinder Sub/Sawtooth Village A2-13-010; PP-13-022; CUP-13-010 PAGE 23 EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall provide a Iooped water system from the dead end main on the west side of the clubhouse to the main east of the clubhouse connecting to W. Cobblefield Street. 2.1.2 With the development of Lots 5-6, Block 3, the applicant shall provide a looped water system. Specifically, the 8-inch diameter main stubbed into the southwest corner of Lot 5 from the driveway shall connect to the 8-inch diameter main in the driveway entering Lot 6. 2.1.3 An $-inch diameter sanitary sewer main shall be extended in the driveway between Lots 18 and 19, Block 2 to provide service to Lots 6 and 7, Block 3. 2,2 General Conditions of Approval 2.2.1 The applicant shall install sanitary sewer and water 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. 2.2.2 Minimum cover over sewel• 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. 2.2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall berequired. If asingle-point connection is utilized, the developer will be responsible for the payment of assessments for• the common areas prior to development plan approval. 2.2.4 All existing structures that are required to be removed shall be prior to signature on the Bnal plat by the City Ensineer. 2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided, except for a portion of the Lemn Canal. shall be tiled per UDC 11-3A-6. ~"he City Council ~~roved awaiverlo UDC 11-3A-bA to ow a onion a_ roxirrrately 485~feet) o{the Lemn Canal alone- the north boundar;v ofthe site to remain oven and not be pied as ~ronosed by the Applicant Plans shall be approved by the apprupriale irrigalion/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 Enginccr prior to final plat signature. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-] -4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 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 McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010 PAGE 24 EXHIBIT A Dish•ict and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.9 A letter of credit or cash surety in the amount of 110°/o will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.10 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2,2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.12 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.14 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 A11 grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfzll, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2,20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 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, cur-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. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cast 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. McLinder SublSatvtooth Village AZ-13-010; PP-13-022; CTIP-13-010 PAG) 25 EXHIBIT A 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%a 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. 2.2.24 Tt shat I he the resp~nsihility ~f the applicant to ensure that all development feah~res c~mrly with the Americans with Disabilities Act and the Fair Housing Act. 3. FiIRE DEPARTMENT 3.1 ,One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entu-e project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be pl'avided as required by Appendix C of the International Fire Code. 3.2 Ninal Approval of the fire hych•ant locations shall be by the Meridian Fire Department in accordance with Lrternational Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 41/z" outlet face the main street or parking lot drive aisle. b, Fire hydrants shall not face a street which does not have addresses an it. e. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fine hydrauis 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 %a" 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. 3.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 2$' inside and 48' outside, per International Fire Code Section 503.2.4. 3.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.6 Fire lanes, sheets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fite Code Section 503.2.1. 3.7 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, asset forth in International Fire Code Section (1FC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.8 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' m 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 surfacC duitension exchisive 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. 3.9 The first digit of the Apartment/Ofliee Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 3.10 The applicant shall work with Public Works and Planning Deparkment staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-]3-010 PAGE 26 EXHIBIT A and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 3.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard I14I, Section A5.2.18. 4. POLICE DEPARTMEN'T' 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. REPUBLIC SERVICES S.l Republic Services has no comments related to 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 Construct a 5-foot wide detached sidewalk on the south side of the Settlers Canal abutting the site, as proposed. Provide a permanent right-of--way easement for the public sidewalks 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. Sidewalks shall either be located wholly within the public right-of--way or wholly within an easement. 7.1.2 Complete Ann Taylor as a 3 b-foot street section with curb, gutter, and 5-foot wide attached concrete sidewalk abutting the site, as proposed. Ann Taylor shall align centerline to centerline with Ann Taylor on the west side of Lindel• Road across from the site. 7.1.3 Extend and complete Cobblefield Street as a 36-foot street section with curb, gutter, and S-foot wide attached concrete sidewalk within 50-feet of right-of--way abutting the site, as proposed. 7.1.4 Close one exisluig driveway on McMillan Road located 300 east of Linder Road with vertical curb, gutter, and sidewalk to match the existing improvements. 7.1.5 Close one existing driveway on McMillan Road located 745-feet east of Linder Road with sidewalk to match the existing improvements. 7.1.6 Pave all other driveways their full width at least 30-feet into the site beyond the edge of pavement. 7.1.7 Other than the access specifically approved with this application, direct lot access to Linder and McMillan Roads is prohibited and shall be noted 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 Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACRD 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 McLinder Snb/Sawtooth village AZ-13-010; PP-13-022; CUP-13-010 PAGE 27 EXHIBIT A Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA com liance to District Develo ment 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) far details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of way. The applicant at na cost to ACRD shall repair existing utilities damaged by the applicant. Tha applicant shall be required to call DIGLINE (1-811-342-15$S) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 3 87-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of constl•uctian. 7.2.8 Utility street cuts in pavement less than five years oId are not allowed unless approved in writing by the District. Contact the Disri•ict's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.I 1 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the firture, ACfID 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. McLinder Sub/Satvtooth Village .4Z-13-O]0; PP-13-022; CUP-13-010 PAGE 28 EXHIBIT A C. Legal Description and Exhibit Map for Proposed Annexation & 7.oning KESTREL LAND SURV~.YING ANNEXATION PARCEL DESCRIPTION A parcel of ground faceted In the Northwest quarter of Sectbn 3fi, Township 3 North, Range x East afthe ®olse Meridian, Ada County,ldaho, more partlcularfy described as folbws~ BEGINNING at the Northwest Corner of Sectbn 36, T.3N., R.lE., B.M.,; Thence slang the North Ilne of the Northwest quarter of said Section 36, South 89'24'33" East a distance of 812.11 feet to a point; Leaving said North line and along the Westerly Nne of Cobblefleld Grassing SubdhAsbn No. 2 the fofbwing: Thence South OQ'16'26" West a distance of 429.61 feet to a point; Thence South 89°24'33" East a distance of 78.21 feet to a polrrt; Thence South 21'42'x7" West a distance of 79.20 feet to a point; Thence'South 26'02'4S" West a distance of 198.43 feet to the Northeasterlir Corner of Arch Rock Terrac® 5ubdhrision; Thence Leaving said We~terfylhle and along the North Ilne of Arch Rock Terrace . Subdlvtslon, North 89°26'18" West s distance of 788.00 feet to a point on the Weft Nne of the Northwest quan:er of said Section 36; Thence abng said West Tine, North 00'14'4x" East a distance of 686.89 feet to the POINT OF BEQINNING. Sold Parcel containing 13.004 acres (566,472 square feet), more or loss, and Includes the Right-of- Wayfor West McMillan Road and North Linder (Road End Description AroJect No. 13-152 Prepared August i6, 2013 167d A' ff!!lJt~, d6, 6age /D 83yB? (10lU 8dd-7343 phone - (JOd) 8d8.733~,}a~r 1Catrsln+rwy.eo ~` ~.. _~ ~...._. _. _._ _.~~`rf McI,inder Sub/Satt~tooth Village A2-13-010; PY-13-022; CUF-13-010 PAGE 29 EXHIBIT A kEST'REL LAND SURVEYING ZONE R-15 - PARCEL DESCRIPTION A parcel of ground located In the Northwest Quarter of Section 36, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, mare particularly described as follows: Commencing at the idorthw®st Corner of section 36, T.BN., fi.7,E., B.M., Thence mlong the North line of the Northwest Quarter of said Section 36, South 89'24'33" East a distance of 812.11 feet to a point, Thence leaving said North I1ne and along the Westerly flee of Cobblefiafd Grassing Subdiv~lon No. 2, South 00'16'26" West a.distence of 226.47 feet to the POINT Ot+ BEGINNING; Continuing along the Westerly line of Cobbiefleid Crossing 5ubdivislon No, 2 the faibwing: Thence Sou#h 00`16'26" West >a distance of 203.14 feet to a point; Thence South B9°2d'33" East a distance of 7>~.21 feet to a point; Thence South 11°42'27" West.a distance of 79.20 feet to a point; ' Thence South 26°02'45" West a distance of 198.43 feet to the Northeasterfy Comer of Arch Rock Terrace Subdivision; Thent~ IeaWng Bald Westerly line and slang the North Itne ofArch Bock Terrace Subdlvisbn, North 89'26'18" V1-est a distance of 559,99 feet to a point; Thsncs {saving said North Ilns, Narth 00'l4'4Z" East a distance of 32.00 feet to a point; Thence North 89®26'18" West a dist>nce of 6,83 feet to a point; Thence North 00°33'42" East a distance~of Q28.00 feet to a point; Thence South 89'26'18" East a distance of 588.45 feet to the POINT ®F BEGINNING. Said Parcel containing 5.426 acres (279,936 square feetj, more or less. End Description Project No. 13-132 Prepared August 16, 2013 !d_fd W. Ntll Rd, 116, Rotro,lD 6J70,t ~?0~) a8d•7J~li pharu - (70E) 8dd-7331 ~u McLinder Sub/Sawtooth Vihaso AZ-13-010; PP-13-022; CUP-13-010 PAGE 30 EXHIBIT A K>/5TR>/L LAN D SURVEYING ZONE GN -PARCEL DESCRIPTION A parcel of ground Located In the Northwest Quarter of 5ectlon 36, Township 3 North, Range 1 East of the Boise Meridian, Ada County, Idaho, more particularly described as follows: i3titaiNNING at the Northwest Corner of Section 36, T.3N., R.1E., B,M.; Thence along the North tine of the Northwest Quarter of said Section 35, South 89°Z4'33" Cast a distance of 812.11 feet to a point; Thence leaving said North tine and along the Westerly line of Cobblefieki Crossing Subdivision No, 2, South t?0°16'26" West a distance of 226.47 feet to a point; Thence leaving said Westerly line, North 89®26'18" West a distance of 588,45 feet to a point; Thence South 00'33'42" West a dfstance of 428.00 feet to a point; ' Thence South 89°26'x,8" East a dfstance of 6.83 fast to a point; Thence South 00°14'4x" West a distance of 32.00 feet to a point on the North one of Arch Rack Terrace Subdivision; - Thence along Bald North tine, North 89'26'18" West,a distance of 228.01 to a paint on the West line of the Northwest Quarter of said Section 36;- Thence along said West tine, North x0'14'42" East a distanee of 686.89 feet to the t'OINT OE t3EGINPIIN®, . Said Parcel containing 6.57$ acres 1286,536 square feet), mots or less, and includes Right-of--Way fnr West AAcMllian Road and North t-finder Road find Description Project No.13-132 Prepared August 16, 2013 /d7d W. Ht!! Rd, ~Mttf, Bobrs, ID dl70? _ _ /'1041 dD8-7lIS pAone - {IDd) BBd.7iJ4j~ ~orRrtJtuwsycos~ _- _ ,rr~- .~ _ r._ _ . McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CIJP-13-010 PAGE 31 EXHIBIT A ~~ C~ ~ ~.~~ o ~~.~~ ~~ ti ~ ~~~~ w a~o .Q ~~ [T~ ~ '~.1 O ~ y ~ 2 ~~ ~~ tL Q1u 1 N i~ ~ r~ ~~ 1<Mavz i~ ` ~ 0 ~-~-T~ t, ,ilY9Z M ' ~ ~ H .. , ~~ ~ ` ~~ W s ~~ ~ k.,~a .® i ~ e ~ ~ ; _ ,00'~i ~ .LidCAO S 2itY OA(1Y70 7s1 4 i « ~~ ` ` ~r er ~..~~ ~ ~ ~ ti -o -~ ~. r~ r r { IDY Y W 7.BiJlm N ~ ~ { ,' l - ( ~ Z ~~ ~~ tn w /^vJ m L--~ ~ '"~ N .~ ro ~~ a ~ N g` ~ a ~~ ~ L~, ~ S ~~~ ~ ~ ~~ t ~ ~ ~~~ 0 a.. a .:NM McLinder Sub/Sawtooth Village AZ-13-010; PP-13-022; CUP-13-010 PAGE 32