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Southern Highlands AZ 13-016ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 58 BOISE IDAHO 05108114 09:35 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII�I III RECORDED -REQUEST OF 114034782 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. BHH Investments 1, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this (o 4�' day of P—_ of , 2014, by and between City of Meridian, a municipal corporation of the State Idaho, hereafter called CITY, and BHH Investments 1, LLC whose address is 1025 S. Bridgeway Place, Ste. 290, Eagle, Idaho 83616 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Medium Low Density Residential District (R-4) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — SOUTHERN HIGHLANDS (AZ 13-016) PAGE 1 OF 9 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. BHH Investments 1, LLC, 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 BHH Investments 1, LLC whose address is 1025 S. Bridgeway Place, Ste. 290, Eagle, Idaho 83616 hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A" for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of the Property described in Exhibit "A", requesting a designation of Medium Low Density Residential District (R-4) under the UDC and generally describing how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 1 OF 9 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 7th day of January, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re -zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 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 - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 2 OF 9 3.2 OWNER/DEVELOPER: means and refers BHH Investments 1, LLC, whose address is 1025 S. Bridgeway Place, Ste. 209, Eagle, Idaho 83616, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned R-4 (Medium -Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4• USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Direct lot access to E. Taconic Drive and S. Eagle Road is prohibited in accord with UDC 11-3A-3. 5.1.2 The western 79+/- acre portion of the subdivision shall contain 12,000 square foot (s.f.) minimum lot sizes with 2,000 s.f. minimum home sizes, and a maximum residential lot count of 169 building lots. 5.1.3 All future homes constructed on the western 79+/- acre portion of this site shall be generally consistent with the conceptual building elevations submitted with the AZ 13-016 application, attached as Exhibit "C". 5.1.4 The rear or side of structures on lots that back up or face E. Taconic Drive shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.5 The height of structures located on Lots 5-13, Block 3 shall be limited to a maximum height of 30 feet measured from ground level to the highest peak of the roof. DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 3 OF 9 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 - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 4 OF 9 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. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be 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 - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 5 OF 9 CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: BHH Investments 1, LLC 1025 S. Bridgeway Place, Ste. 290 Eagle, Idaho 83616 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 6 OF 9 reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 20.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 7 OF 9 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: BHH In 1, LLC CITY OF MERIDIAN By: -' y:_ Mayor de Weerd ATTEST: City of �" �/j� �./ Y L [E TDIANt -+Dexo Jaycee Holman, City Clerk TF �l �Ae TRE�9V1� DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this Lt day of h l , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Ju S H - tkl+ N , known or identified to me to be the MOW of BHH Investments 1, LLC, and acknowledged to me that he executed the"same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. i 400i �BLIC O HF OF ID STATE OF IDAHO ) ss Notary Public for Idaho Residing at: Na LVI My Commission Expires: 9- Z-! 5 County of Ada ) On this day of2014, 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. .SGA JQNo �g (SEAL) • • **ease** Nd ary Public or Idaho r Residing at: �Ev g a t c` n 1 1) Commission expires: ,)an :4-,, -2CJ C DEVELOPMENT AGREEMENT - SOUTHERN HIGHLANDS (AZ 13-016) PAGE 9 OF 9 EXHIBIT A `T"-0 ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PtANNESS 332 N. RROADMORE. WAY SUITE t01 NAMPA, IDAHO 83687 209.442-6300. FAX 208+76"944 Proiect: 130164 Date: December 19, 2013 Page: 1 of') SOUTIIERN IlIGHLANDS SUBDIVISION R-4 ANNEYATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, more particularly described as a portion of Lot 16, Block 1 and a portion of Lot 1, Block 4 of Blackrock Subdivision No. 1, on file in the office of the Recorder, Ada County, Idaho, in ]look 96, Pages 12003-12008, and a portion of E. Taconic Drive Right -of - Way, the exterior.boundary of which is more particularly described as follows: REGINNINC at the northwest comer of the SE 1/4 of the NW 1/4 of said Section 32; thence along the north boundary of said SEIA of the NW 114, A) S.89 -43'51"E., 1335.91 feet to the northwest comer of the SW 1/4 of the NE 114 of said Section 32; thence along the north boundary of said SW 1/4 of the NE 114, 1) S.89°41'56"E., 715.45 feet; thence leaving said north boundary, 2) S.15°32'28"E., 958.42 feet; thence, 3) S.00° 19'55"W., 298.15 feet to a point on the north boundary of the parcel described in Warranty Deed Instrument No, 107170774, on file in the office of the Recorder, Ada County, Idaho; thence along said north boundary, 4) N.90°00'00"W., 24.00 feet to the northwest corner of said parcel; thence along the west boundary of said parcel, 5) S.00 -00700"E., l 10.00 feet to the southwest corner of said parcel; thence along the southerly extension of said west boundary, 6) S.00°00'00"E., 57.57 feet to a point on the centerline of E. Taconic Drive; thence along said centerline, 7) N.89°40'05" W., 147.17 feet to a tangent point of curvature; thence continuing along a curve to the left, 8) having an arc length of 409.39 feet, a radius of500.00 feet, through a central angle of 46°54'46" and a chord bearing of S.66°52'32"W., 398.05 feet to a point of tangency; thence continuing, ]BOISE • COEUR d'ALrNE . NAMPA EXHIBIT A Project: 130164 Date: Dmcrnber 11, 2013 Page: 2 of 3 9) S.43°25'09"W., 584.72 feet; thence leaving said centerline, 10) N.46°34'51 "W., 25.00 feet: to the most easterly comer of Lot 23, Block 1 of aforementioned Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 23, 11) N.46°34'51 "W., 190.00 feet to the easterly corner common to Lots 22 and 23, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 22, 12)N,74°49'32"W., 192.98 feet to the easterly corner common to Lots 21 and 22, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 21, 13) N.63-50'1 TV., 178.01 .feet to the easterly comer common to Lots 20 and 21, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 14) N.37°30'04"W., 172.16 feet to the easterly corner common to Lots 19 and 20, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 19, 15) A'.41 °4T50"W., 170.59 feet to the easterly comer common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. I ; thence along the northeasterly boundary of said Lot 18, 16) N.57° 19`56"W., 173.04 feet to the easterly corner common to hots 17 and 18, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 17) N.36 -45'50'7W., 172.53 feet to the most northerly corner of said Lot 17; thence along the northwesterly boundary of said Lot 17, 18) S.46°34'38"W., 161.81 feet to the most westerly corner of said Lot 17; thence, 19) S.65059'30"W., 50.05 feet to the northeast corner of Lot 15, Block I of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, 20) S.89°49'48"W., 235.10 feet to the northeast corner of Lot 10, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 10, a BOISE + COEUR d'ALENE • NAMPA ���TA G �� EXHIBIT A Project: 130164 Date: December 11, 2013 Page: 3 of 3 21) S.89049'48"W., 20.00 feet to the northwest corner of said Lot 10, said point being on the west boundary of the NE 1/4 of the SW 1/4 of said Section 32; thence along said {gest boundary, 22)N.00 -10'12"W., 2.24 feet to the southwest comer of the SE 1/4 of the NW 1/4 of said Section 32; thence along the west boundary of said SE 1/4 of the NW 1/4, 23)N.00°53'12"E•., 1337.41 feet to the POINT OF BEGINNING. CON'T'AININC 79.70 acres, more or less. BOISE + COEUR d'ALENE • NAMPA EXHIBIT B CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (j�rE IDIAN In the Matter of the Request for Annexation and Zoning of 126.27 Acres of Land with the R-2 (46.57 acres) and R-4 (79.70) Zoning Districts; and Preliminary Plat Consisting of 169 Single - Family Residential Building Lots and 12 Common/Other Lots on 123.45 Acres of Land for Southern Highlands Subdivision, Located at the Northwest Corner of S. Eagle Road and E. Taconic Drive, by BHH Investments, LLC. Case No(s). AZ -13-016; PP -13-033 For the City Council Hearing Date of: December 17, 2013 (Findings on January 7, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-016; PP -13-033 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 17, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement for a development agreement per the provisions in the attached Staff Report for the hearing date of December 17, 2013, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of December 17, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-016; PP -13-033 -2- A modification 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 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 17, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-016; PP -13-033 -3- By action of the City Council at its regular meeting held on the / day of 2014. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Ta in if i 3 Clerk Attest: aycee VOTED VOTED VOTED VOTED _ 4=�A� VOTED Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. C -- _ Dated: Ci Clerk's CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -13-016; PP -13-033 -4- STAFF REPORT TO: FROM: SUBJECT: EXHIBIT A Hearing Date: December 17, 2013 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 AZ -13-016; PP -13-033 — Southern Highlands I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIAN1�1� HO The applicant, BHH Investments I, LLC, has applied for annexation and zoning (AZ) of 126.27 acres of land with an R4 zoning district. A preliminary plat (PP) is also proposed consisting of 162 single- family detached residential building lots, 12 common lots, 1 city park lot and 1 lot for future re- subdivision on 123.45 acres of land in a proposed R4 zoning district for Southern Highlands subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on November 21 2013 At the Public hearing, the Commission moved to recommend approval of the subiect AZ and PP requests. a. Summary of Commission Public Hearing: L In favor: Matt Schultz: Tim Foster ii. In opposition: None iii. Commenting: Martin Fabricius; Gwen Boyle iv. Written testimony: Matt Schultz., Al and Barbara Berlat; John and Helen Huffman v. _Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. The placement of the sidewalk along E Taconic Drive c. Key Commission Changes) to Staff Recommendation: L _Modify DA provision #1.1.1a to reflect a 3.6 acre park site instead of 7; ii. Add a DA provision requiring the developer of the eastern 45 -acre portion of the plat to dedicate a minimum 3.4 acre park to the City prior to City Engineer signature on the first final plat W1.1.1b); iii. Modify DA Drovisions #l.l.ld & 1 1 le to allow the pedestrian easement for the multi- use vathwav and the street buffer along Eagle Road to be completed with the first phase of development of the eastern 45 -acre Dortion of the plat d. Outstanding Issue(s) for City Council - i. None Southern Highlands AZ -13-016; PP -13-033 PAGE 1 ► I r i n n r i i Oil .: r i Southern Highlands AZ -13-016; PP -13-033 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -13- 016 & PP -13-033, as presented in the staff report for the hearing date of December 17, 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 -13-016 & PP -13-033, as presented during the hearing on December 17, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -13-016 & PP -13-033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located south of E. Amity Road, on the west side of S. Eagle Road and then north side of E. Taconic Drive, in Section 32, Township 3 North, Range 1 East. (Parcel Ws: R0988260168; R0988260164; R0988260242; R0988260167) B. Owner(s): Blackrock, LLC/Triple D Land and Livestock, LLC 16166 N. 20'h Street Nampa, Idaho 83687 City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 C. Applicant: BHH Investments I, LLC 1025 S. Bridgeway Place, Ste. 290 Eagle, Idaho 83616 Southern Highlands AZ -13-016; PP -13-033 PAGE 2 11 1 1.1 1 1 1 S I I' Y 1 1 :•, II 7 MA 1/ r T S I 11777", 1 1' 1 1UrTTIM, 1 1 ♦ 1 l l 'Two 1 I I II' 11 11 I' 1 I Vil II 11 I NTMM 77 1 1 -- 1 1 I I'. r : 1 IIF 1 i 1 WIM 1 r, I I ♦ I I 1 i --�- ♦ 011 11 I' I' ' M111 II C• 1 1 11 _ 1 11 1 I I ' I I.''WO 77717tirl-- III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -13- 016 & PP -13-033, as presented in the staff report for the hearing date of December 17, 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 -13-016 & PP -13-033, as presented during the hearing on December 17, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -13-016 & PP -13-033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located south of E. Amity Road, on the west side of S. Eagle Road and then north side of E. Taconic Drive, in Section 32, Township 3 North, Range 1 East. (Parcel Ws: R0988260168; R0988260164; R0988260242; R0988260167) B. Owner(s): Blackrock, LLC/Triple D Land and Livestock, LLC 16166 N. 20'h Street Nampa, Idaho 83687 City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 C. Applicant: BHH Investments I, LLC 1025 S. Bridgeway Place, Ste. 290 Eagle, Idaho 83616 Southern Highlands AZ -13-016; PP -13-033 PAGE 2 EXHIBIT A D. Representative: Matt Schultz, Schultz Development, LLC P.O. Box 1115 Meridian, ID 83680 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 4, and 18, 2013 (Commission); November 25. and December 9, 2013 (City Council) C. Radius notices mailed to properties within 300 feet on: October 24, 2013 (Commission); November 21, 2013 (City Council) D. Applicant posted notice on site(s) on: November 7, 2013 (Commission); December 4, 2013 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped land currently being fanned, zoned RUT in Ada County. The City has a well and lift station lot on this site adjacent to E. Taconic Drive. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential properties, zoned R-4 in the City and R1 & RUT in Ada County 2. East: Rural residential properties, zoned RUT in Ada County 3. South: Vacantlundeveloped property, zoned RUT in Ada County and residential properties, zoned RUT in Ada County 4. West: Residential properties, zoned RUT in Ada County C. History of Previous Actions: In 2006, the subject property was platted as Lots 16 and 24, Block 1, Blackrock Subdivision in Ada County. Blackrock Subdivision was developed in 2006 under the Ada County "non-farm" ordinance with 1/2 acre minimum lot sizes. The subject property on the north side of Taconic Drive and the property on the south side of Taconic Drive were platted as open space lots within Blackrock Subdivision. The portion of the property at the southwest corner of the subdivision was platted with urban density residential lots. Those lots were provided with City water and sewer service via a well and temporary 1ift station on the subject property through a Memo of Understanding (MOU) between Blackrock, LLC, Blackrock Subdivision HOA, and the City of Meridian. The MOU states, "At such time as the property becomes legally eligible for annexation into the City, Blackrock LLC or any successors) agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. " D. Utilities: 1. Location of sewer: This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8 -inch diameter sewer main into the area from the future Southern Highlands AZ -13-016; PP -13-033 PAGE 3 EXHIBIT A Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval. 2. Location of water: Water service to this development is contingent upon the developer extending a 12 -diameter water main into the area from the future Whitebark Subdivision to the north. This 12 -inch diameter main will need to connect to the existing 12 -inch diameter main serving Pressure Zone #4 in E. Taconic Drive. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non -build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non -build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. 3. Issues or concerns: Noted above E. Physical Features: 1. Canals/Ditches Irrigation: The Beasley Lateral and some other irrigation ditches traverse this site. The Ten Mile Creek runs along the northeast corner of the site. 2. Topography: There is a significant slope along the west boundary of the site (see contours on plat). 3. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: A portion of this site lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. A public park is designated in this area on the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The western 79.1 acre portion of the site is proposed to develop with 162 residential building lots at a gross density of 2.05 dwelling units per acre. The eastern 45+/- acre portion of the site is proposed to be re -subdivided in the future with 115-120 building lots at a gross density of 2.6-2.7 dwelling units per acre. The maximum overall density of the subdivision is proposed to be 2.23 dwelling units per acre which is consistent with the LDR designation. The applicant proposes to dedicate a -7 3_6 acre neighborhood park to the City with development of this property in accord with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed medium -low density residential development should add variety to the low density residential uses that exist in this area. Southern Highlands AZ -13-016; PP -13-033 PAGE 4 EXHIBIT A • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to S. Eagle Road, an arterial street, and street buffer landscaping already exists along E. Taconic Drive, a collector street, in accord with the standards listed in UDC I1 -3B -7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed medium low-density residential development should be compatible with existing adjacent residential and agricultural uses. • "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 11.91 acres (or 15.1 %) of common area to be provided on the site. The UDC (11-3G-3) requires a minimum of 10% qualified open space to be provided in accord with the standards listed in UDC 11 -3G -3B. • "Provide a variety of park types (neighborhood parks, community parks, regional parks) interspersed throughout the community." The proposed plat depicts a 2 acre private park within the development as well as a 3.6 acre City park (with an additional 3.4 acres to be dedicated with the development of the Lot 1, Block 11 to the east). • "Support acquisition and development of new park land to meet the growing open space and recreational needs of the community." (2.01.04D) A public park site is designated on this property. Accordingly, the applicant proposes to dedicate a 7 -acre park site to the City. • "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." (3.05.02F) The proposed plat depicts larger size lots along the southwest boundary of the site as a transition to the larger lots in Blackrock Subdivision, an existing low density subdivision. A common lot is proposed along the west boundary adjacent to two rural residential/agricultural properties • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services will be extended with the development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted Southern Highlands AZ -13-016; PP -13-033 PAGE 5 EXHIBIT A (P), accessory (A), conditional (C), and prohibited (-) uses in the R4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning The applicant has applied to annex and zone a total of 126.27 acres of land with an R-4 zoning district; this land was previously platted as Lots 16 and 24, Block 1, Blackrock Subdivision. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of LDR. The applicant proposes to develop single-family homes on the entire site; however, only the western 79.1 acres of land is proposed to be platted with single-family residential lots at this time. The remaining area is proposed to be platted as one large lot for future re -subdivision into 115- 120 single-family residential lots. A conceptual development plan was submitted for the large lot that depicts easements and right-of-ways for possible future street layouts (see Exhibit A.4). The legal description submitted with the application, included in Exhibit 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 Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is LDR, which allows for densities of 3 dwelling units per acre or less, Staff believes the proposed R-4 zoning is appropriate for this property. The R-2 zoning would limit densities to 2 units or less per acre. Even though the R4 zoning would allow up to 4 units per acre, the applicant is only proposing an overall density of 2.05-2.7 dwelling units per acre consist with the LDR designation. B. Preliminary Plat The proposed preliminary plat is a re -subdivision of Lots 16 and 24, Block 1, Blackrock Subdivision. The proposed plat consists of 162 single-family residential building lots, 12 common area lots, one lot for a city park, and one 45 -acre lot for future re -subdivision for single- family homes on 123.45 acres of land in the R-4 zoning district. A phasing plan was not submitted with this application; staff has requested the applicant provide one prior to the Council hearing. There is one parcel (R0988260167) and one lot (Lot 24, Block 1, Blackrock Subdivision) on this site that is owned by the City of Meridian and is depicted on the proposed plat as "NAP". This parcel and lot should be included as lots in the proposed subdivision. Southern Highlands AZ -13-016; PP -13-033 PAGE 6 EXHIBIT A Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-5 for the R4 district and found the plat to comply with those standards except for the following: 1) Lot 5, Block 2 and Lot 9, Block 7 needs to have a minimum street frontage of 60 feet; 2) Block 3 exceeds the maximum block length standard of 1,200 feet as defined in UDC 11 -6C -3F; and 3) the E. Treston Creek Way stub street at the west boundary exceeds the maximum cul-de-sac length of 450 feet allowed by UDC 11 -6C - 3B.4. The plat needs to be revised to comply with the aforementioned block length and cul- de-sac standards prior to the City Council meeting. Access: Access to this site is proposed on the plat from S. Eagle Road via E. Taconic Street. Stub streets are proposed to the north and east for future extension and interconnectivity. At this time, only a single -point of access is available to this subdivision. The ACHD 2035 Planning Functional Classification Map depicts two collector streets across this property. One would run north/south and connect E. Amity Road and E. Taconic Drive; the other would run east/west from Taconic to the west boundary of the site. The proposed plat does not depict a collector street in either of these areas. Two stub streets are proposed at the north boundary to align with the stub streets approved with the Whitebark Subdivision preliminary plat which will provide access between Amity & Taconic; another stub street is proposed to the north near the west boundary for future extension. Because there will ultimately be 3 connections between Amity and Taconic, staff does not feel a collector street in this area is needed. Instead of providing a collector street to the west, staff recommends S. Graphite Way be extended as a stub street to the west boundary for future extension; a temporary turn around will need to be provided for emergency access at the end of the stub street that meets Fire Department requirements. Comments have not yet been received from ACHD on this application; however, staff has discussed the plan for a collector street across this property and the absence of such on the proposed plat. ACHD has stated they are amenable to not having collector streets within this plat provided the aforementioned connections are made to the north & west. Because there are already 44 lots (approximately 30 of which are built out) in Blackrock Subdivision with a single -point of access off of Taconic Drive via Eagle Road, a secondary emergency access is needed at the point when the combined number of homes in Blackrock Subdivision and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. Water/Sewer Service: This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8 -inch diameter sewer main into the area from the future Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval. Water service to this development is contingent upon the developer extending a 12 -inch diameter water main into the area from the future Whitebark Subdivision to the north. This 12 -inch diameter main will need to connect to the existing 12 -inch diameter main serving Pressure Zone 44 in E. Taconic Drive. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non -build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non -build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. Southern Highlands AZ -13-016; PP -13-033 PAGE 7 EXHIBIT A Pressurized Irrigation (PI): PI will be provided by NMID via a new head gate on the Beasley Lateral at the northwest corner of Taconic Drive and Eagle Road. The current conceptual design calls for a pump station and gravity overflow to the Ten Mile Creek at this location. The exact design will be finalized with development plans and the first phase final plat. Storm Drainage: Storm drainage is proposed to be mitigated by detention/retention ponds and/or underground seepage bed disposal in accord with ACRD design criteria. Multi -Use Pathway: A multi -use pathway (Ten Mile pathway, segment F) is designated along the southwest side of the Ten Mile Creek which crosses the northeast corner of the site as depicted on the landscape plan. Staff recommends a minimum 14 -foot wide public pedestrian easement for a multi -use pathway is submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the first final plat. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Because the proposed plat is a re -subdivision of two existing lots in Ada County, a 30 -foot wide street buffer already exists along E. Taconic Drive but landscaping details are not shown for that area on the plan. A minimum 25 -foot wide street buffer is required along S. Eagle Road; staff recommends this buffer be constructed with the first phase of development. Landscaping within both street buffers is required to comply with the standards listed in UDC 11 -3B -7C; a detailed plan demonstrating compliance with these standards is required to be submitted with the final plat application(s) for this subdivision. Open Space & Site Amenities: Based on the 79.1 acre portion of the site proposed to be developed at this time, a minimum of 10% of the site (or 7.91 acres) is required to consist of qualified open space as defined in UDC 11 -3G -3B. The applicant proposes a total 12.16 acres (or 15.4%) of open space consisting of a 3.57 acre public park, a 2 acre private park, pathways and other common areas, street buffers along E. Taconic Street and S. Eagle Road, and parkways along internal local streets in compliance with this requirement. In accord with UDC 11 -3G -3A.2, a minimum of 4 qualified site amenities are required to be provided with this development as set forth in UDC 11 -3G -3C. The applicant proposes an additional 5% of open space, pathways, a swimming pool, clubhouse, tot lot/playground, and picnic shelter in compliance with this requirement. The applicant states the pool will be available for use by the adjacent Blackrock Subdivision residents for a nominal fee. City Park: The applicant proposes to dedicate a q 3_6 acre park site to the City with the western 79 acre portion of this development in accord with the Comprehensive Plan as discussed above in Section VII. The remaining 3.4 acre portion of the nark as shown on the preliminary_ plat on Lot 1. Block 11 will develon_in the future. plat.1, Bleak 11 as shevffl on the The applicant is currently working with the Parks and Recreation Department on conceptual plans for the park. The applicant has stated they are prepared to deed the 3.6 acre portion of the park to the City prior to issuance of the 120' building permit. Parkways: Eight -foot wide landscaped parkways are depicted on the landscape plan along all internal local streets. Parkways are required to comply with the standards listed in UDC 11-3A- 17. Southern Highlands AZ -13-016; PP -13-033 PAGE 8 EXHIBIT A Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A 5 - foot wide detached sidewalk is required along E. Taconic Drive and S. Eagle Road. When parkways are proposed, sidewalks shall be detached a minimum of 8 feet from the back of curb. The applicant is requesting a waiver to the requirement for a sidewalk on the north side of Taconic Drive due to the substantial mature landscaping that would be required to be removed to accommodate a detached sidewalk in this area. The south side of Taconic Drive has an existing 10 -foot wide paved pathway for the entire length to Eagle Road that will be connected to the north side of Taconic via cross walks at various locations. The UDC does not allow for a waiver or alternative compliance to this requirement, nor is a variance appropriate. A 30 foot wide landscape easement is depicted on the plat along Taconic Drive; Staff recommends the sidewalk be located near the back edge of the easement/street buffer so the existing trees can remain. Waterways: There are several irrigation ditches that traverse this site that are required to be piped with development of the site. The Ten Mile Creek runs along the northeast corner of the site and is required to remain open. Floodplain: A portion of this site lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator, per MCC 10-6. Topography: The existing homes in Blackrock Subdivision to the southwest of this site are located on a ridge approximately 2040 feet above the proposed subdivision. The proposed home elevations will range from 18 to 25 feet below the first floor elevations of adjacent Blackrock homes, per the applicant. The building lots along the southwest boundary of the proposed plat have a 50 -foot wide slope easement along the rear lot lines. This area is proposed to be maintained by the individual homeowners and should be landscape and maintained in a consistent manner. Because there is not an easement holder in this case, staff recommends a minimum 70 -foot wide rear building setback be required for those lots rather than an easement. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.4. Because lots that back up to or face S. Eagle Road and E. Taconic Drive will be highly visible from these major thoroughfares, staff recommends the rear or sides of structures on lots that back up to or face E. Taconic Drive and S. Eagle Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 10121/1312/12/13) 3. Proposed Landscape Plan (dated: 1OAN 4- 2/16/13) 4. Geneeptual DeyeiepmentPjaa (dated.: 10A21" Southern Highlands AZ -13-016; PP -13-033 PAGE 9 EXHIBIT A 5. Conceptual Building Elevations 6. Whitebark Temporary Sanitary Sewer Plan (REVISED 7. Lot Profile Exhibit B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Southern Highlands AZ -13-016; PP -13-033 PAGE 10 EXHIBIT A A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 1 W s i i EXHIBIT A 2. Proposed Preliminary Plat (dated: ' 042 V 12/12/13 Cf9JWMA�YlIAr FOR `•�'�II6i/O�i-lq{wtlOM-ml �l�1bIfY1 �n-nio+++�ristotw+Rue roeut.s•m.� �r� kSUM Moor a A t ss a a 1 s • s. w a s as IA L \$a $sa 8�---zw- s Exhibit A Page 1 MOTMSal .f.S r �aat�uow Down- S� . y��i L� • iiiT.Zw .�. ��a' A --•� w•rwwY • w-Mw��wtt,w•e r\�Iglt-IYI,IOw�•10 .lw ww gr�wr -� a •-- M�tll•Mllt ��� _ •-�MMItR •Ir1�Mrt ___.._ t v rr A•� YPO r 0 11-.0 Y1rr — MY •. M �� rwa ria.•-� r . � � M Exhibit A Page 1 EXHIBIT A Conceptual Phasing Plan {LlttilV3 Exhibit A Page 2 EXHIBIT A 3. Proposed Landscape Plan (dated: 'n% ]2/16/]3) PLANT &C4CMLE IM LANDBGAM GALGJLATiON6 NoTts S. eAOLC RD. DJMVR •[-TION Exhibit A Page 3 C 091 EXHIBIT A MUM IR -4 "M R-4 R-4 R-4 R-4 wrote w "Icr EXHIBIT A 5. Conceptual Building Elevations -3- EXHIBIT A 6. Whitebark Temporary Sanitary Sewer Plan -4- EXHIBIT A This information is being provided to clarify the. available capacity of the temporary sewer service to the area south of Amity Road, generally southeast of the Estancia Subdivision. The available capacity in the temporary main is detailed below, and is to be consumed on a first come, first served basis. The table below illustrates the declining balance of said capacity as it is being consumed by developments within the Temporary Sewer Service Area. Table 1 - Temporary Sewer Service Area — Declining Balance Tabulation Available Temporary Capacity 258 Dwell*Units Blackrock (Existing Sub.) (44) Whitebark (Phase 1) (29) Southern Highlands (Preliminary Plat) (169) Remaining Capacity 16 Dwelling Units -5- 7. Lot Profile Exhibit EXHIBIT A PR(OMVWlDVXM#tR'N 1#1(J6 -k-AW.MMK%M ON APPROXIMATE LOT PROFILE 9W 3 OF EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of the western 79 acre Rgdig.ndthis property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: The provisions of hi agreement hall only annly to the western 79 acre nortion of he ion area and Qhall not incl •de of 11 HtocklL n The deyel, pep O ffhe . e...8FR 79 .. a eFti .« of the j49 shall deed a miffifflufa7 3.6 aeFe b. The devakmer- of the eas4em 45 aef;e e..tie e f the site (Lot 1 13leek 1 1 \ shall de i L _) rJeF to •fµ c. Direct lot access to E. Taconic Drive and S. Eagle Road is prohibited in accord with UDC 11- 3A-3. f. The western 79+/- acre portion of the subdivision shall contain 12,000 square foot (s.f.) minimum lot sizes with 2,000 s.f. minimum home sizes, and a maximum residential lot count of 442162building lots. with the R 4 standaMs and sha4l eentain a ma*imum of 120 building lets. Develepment shall h. All future homes constructed on the western 79+/- acre portion of this site ineludifighetHes within the FdWre deyelepment am shall be generally consistent with the conceptual building elevations submitted with this application included in Exhibit A.4. i. The rear or side of structures on lots that back up to or face E. Taconic Drive and S. Engle Read shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 17M. Iq• M; • -1 •1 • : • 1•_ • 11 • • 11 a 1' •1 •J GUVA11 LiV •N 1 t6j 11 §4 (11111 LIN L-VL41 3 (OR$1 1 • I - • • 1 • • -7- EXHIBIT A 1.1.2 The preliminary plat included in Exhibit A.2 shall be revised as follows: a. The E. Tresten Creek Way stub street at the west beandeFy e*eeeds tb de see length of 450 feet allowed by-UDGI 1 6C--3B:41uad Nv& z exeeeds bleek length standards defined -a UDC 11 6C- 3F. The plat shall be revised neeordin pi4or to the City Couneil meeting. The plat was revised as requested. b. The street buffers along S. Eagle Road and E. Taconic Drive shall be included in common lots to be owned and maintained by the homeowner's association in accord with UDC 11 -3B - 7C.2. e. Lot > Bleek 2 and Lot 9, . The revised plat includes this change. d. There are two streets named S. Shady Glade Street; revise accordingly. f. The parcel (R0988260167) and existing Lot 24, Block 1 owned by the City of Meridian depicted as "NAP" shall be included as a lot and block in the proposed subdivision. g. Modify note #6 to read, "Direct lot access to E. Taconic Drive and S. Eagle Road is prohibited for residential lots." h. S. Graphite Way shall be extended to the west property boundary for future extension. A temporary turnaround that meets Fire Department standards is required until such time as the street is extended. 1.1.3 The landscape plan included in Exhibit A.3 shall be revised as follows: a. Include details for the existing landscaping within the street buffer along E. Taconic Drive to ensure compliance with the standards listed in UDC 11 -3B -7C. b. Include tree class in the plant schedule. c. Depict landscaping on Lot 17C, Block 7. d. Include parcel #R0988260167 and the portion of the existing Lot 24, Block 1 owned by the City of Meridian depicted as "NAP" within the boundary of the subdivision; remove the "NAP". 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.1.5 The developer shall provide a total of 42.16 9 acres (or 43-4 1 L4%) of qualified open space as proposed consisting of a 9.57 aem publie park, a 2A acre private park, several pocket parks, street buffers along E. Taconic Street and S. Eagle Road, and parkways along internal local streets, in accord with UDC 11 -3G -3B. 1.1.6 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide an additional 5% of open spaeo, pathways, a swimming pool, pool house, tot lot/playground, and picnic shelter as proposed. The construction of the swimming pool and pool house may be deferred until the second phase of develo men . 1.1.7 The developer shall abandon the Beasley Lateral easement and relocate the lateral and new easement with development of Lot 1, Block 11. 1.1.8 The developer shall obtain an easement from the U.S. Bureau of Reclamation for the 14 -foot wide recreational pathway easement along the Ten Mile Creek with development of Lot 1. Block -8- EXHIBIT A 1.1.9 The developer shall obtain an encroachment agreement from the irrigation district for the building lots (Lots 18, and 21, Block 3) that encroach within the Peirce Lateral easement along the southwest corner of the subdivision. 1.1.10 The developer shall obtain a license agreement for any improvements on Lot 38C, Block 3 that lie within the irrigation easement for the Pierce Lateral. 1.1.11 Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator, per MCC 10-6. 1.1.12 The CC&R's for this subdivision shall include a provision for the slope area on Lots 3-17, Block 3 at the southwest boundary to be landscaped and maintained in a consistent manner. 1.1.13 A secondary emergency access is required at the point when the combined number of homes in Blackrock Subdivision and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to Director Street is prohibited. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 1.2.10 Construct storm water integration facilities that meet the standards asset forth in UDC 11-3B- 11 C. -9- EXHIBIT A 1.2.11 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC I 1-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 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 11-313-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 3A -3. 1.4 Process Conditions of Approval 1.4.1 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. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat asset forth in UDC 11-613-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-613- 78 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. -10- EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8 -inch diameter sewer main into the area from the future Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval; however it shall be limited to a total of 244 2M lots as depicted on the "Southern Highlands Temporary Sanitary Sewer Plan" map and "Table 1" that is attached as Exhibit A-6. The 244 2M lot maximum threshold for the temporary service boundary will be considered on a first come, first served basis. The applicant shall also be responsible for the extension of the trunk main through this development, in general conformance to the sewer master plan. City Council approval of this pr_Qliminaly vial shall gause those 169 lot to be vested ;n the Temporary Sewer Service Area 2.1.2 Water service to this development is contingent upon the developer extending a 12 -diameter water main into the area from the future Whitebark Subdivision to the north. This 12 -inch diameter main will need to connect to the existing 12 -inch diameter main serving Pressure Zone #4 in E. Taconic Drive. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non -build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non -build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. 2.1.3 Applicant shall be required to extend an 8 -inch diameter water main from the end of the S. Graphite Way cul-de-sac across Lot 18, Block 3 to the west property line in alignment with the shared property line between Parcels #R8847000120 and # R8847000155. 2.1.4 Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department prior to signature on the final plat by the City Engineer. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2009 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but -11- EXHIBIT A rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells 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. 2.2.8 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. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. -12- EXHIBIT A 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All 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 backfill, 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, comers, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has concerns on the number of homes to be constructed in the proposed subdivision that will be in addition to the approximately 30 homes currently located in Black Rock Subdivision. All of these homes will have a single access point from Taconic Drive. Should there be any obstruction or delay at the intersection of S. Eagle Road and Taconic Drive, emergency services would have no access to approximately 225 homes. This is not acceptable and will require a provision for secondary access to be constructed at the point the combined Southern Highlands and Black Rock subdivisions reach 50 homes. This access can be a temporary "emergency" access. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fine -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in SWE EXHIBIT A excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ''/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %Z" 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. 4.3 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-21 4.6 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 50 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than '/z the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/easdnorth/south). 4.7 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance 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. 4.9 The Fire Department has concerns on the number of homes to be constructed in the proposed subdivision that will be in addition to the approximately 30 homes currently located in Black Rock Subdivision. All of these homes will have a single access point from Taconic Drive. Should there be any obstruction or delay at the intersection of S. Eagle Road and Taconic Drive, emergency services would have no access to approximately 225 homes. This is not acceptable and will require a provision for secondary access to be constructed at -14- EXHIBIT A the point the combined Southern Highlands and Black Rock subdivisions reach 50 homes. This access can be a temporary "emergency" access. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The Meridian Pathways Master Plan depicts a multi -use pathway on the south/west side of the Ten Mile Creek. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. -15- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary mT -O ENGINEERS CONSULTING ENGINEERS. SURVEYORS AND PLANNERS 332 N. BROADMORE WAY SUITE 701 NAMP& IDAHO 83687 208.44240M • FAX 206495 -CW Project: 130164 Date: November 1, 2013 Page: i of 3 SOUTHERN HIGHLANDS SUBDIVISION ANNEXATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as Lots 16 and 24, Block 1, a portion of Lot 1, Block 4, a portion of Lot 1, Block 5, and a portion of Lot 1, Block 6 of Blackrock Subdivision No. 1, on file in the office of the Recorder, Ada County, Idaho, in Book 96, Pages 12003-12008, and a portion of S. Eagle Road and E. Taconic Drive Right -of -Ways, the exterior boundary of which is more particularly described as follows: BEGINNING at the northeast comer of the SE 114 of said Section 32 from which the northeast comer of said Section 32 bears N.00' 13' 13"E., 2677.32 feet; thence along the east boundary of said SEv4, A) S.00° 13'44"W.,142.17 feet to the intersection of the centerline of said F. Taconic Drive; thence along said centerline, I ) N.89048'38"W., 528.23 feet to a tangent point of curvature; thence continuing along a curve to the right, 2) having an are length of 268.04 feet, a radius of 750.00 feet, through a central angle of 20°28'36" and a chord bearing of N.79634'20"W., 266.61 feet to a tangent point of reverse curvature; thence continuing along a curve to the left, 3) having an are length of 266.17 feet, it radius of 750.00 feet, through a central angle of 20°20'03" and a chord bearing of N.79°30'03"W., 264.78 feet to a point of tangency; thence continuing, 4) N.89°40'05"W., 802.51 feet to a tangent point of curvature; thence continuing along a curve to the left, 5) having an arc length of 409.39 feet, a radius of 500.00 foci, through a central angle of 46°54'46" and a chord bearing of S.66°52'3TV., 398.05 feet to a point of tangency, thence continuing, 6) S.43-25'(WV., 584.72 feet; thence leaving said centerline, BOISE • COEUR d'ALENE • NAMPA -16- EXHIBIT A Project: 130164 Date: November 1, 2013 Page: 2 of 3 7) N.46°34'51 "W., 25.00 feet to the most easterly comer of Lot 23, Block I of aforementioned Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 23, 8) N.46°34'51"W., 190.00 fat to the easterly corner cannon to Lots 22 and 23, Block I of said Blackrock Subdivision No. 1; theme along the northeasterly boundary of said Lot 22, 9) N.74°49132"W.,192.99 fat to the easterly comer cornmon to lots 21 and 22, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 2l, 10) N.63 -50-17-W, 178.01 feet to the easterly comer common to Lots 20 and 21, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 11) N.37°30'04"W.,172.16 feet to the easterly comer common to Lots 19 and 20, Block I of said Blackrock Subdivision No. l; thence along the northeasterly boundary of said Lot 19, 12) N.41°47'50"W., 170.59 fed to the easterly corner co nmon to Lots 18 and 19, Block I of said Blackrock Subdivision No. 1; thence along the northeastedy boundary of said Lot IS, 13) N.57°19'56"W., 173.04 fat to the easterly comer coni non to Lots 17 and 18, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 14) N.36045'SO"W., 172.53 feet to the most northerly comer of said Lot 17; thence along the northwesterly boundary of said Lot 17, 15) S.46°34'39"W., 161.81 feet to the most westerly corner of said Lot 17; thence, 16) S.65°59'30"W., 50.05 feet to the northeast comer of Lot 15, Block i of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, 17) S.99°49'48"W., 235.10 feet to the northeast corner of Lot 10. Block 1 of said Blackrock Subdivision No. l; thence along the north boundary of said Lot 10, Bi -17- EXHIBIT A Project: 130164 Date: November 1, 2013 Page: 3 of 3 18) S.89°49'48"W., 20.00 feet to the northwest corner of said Lot 10, said point being on the west boundary of the NE 1/4 of the SW 1/4 of said Section 32; thence along said wrest boundary, 19) N.000I0'I 2"W., 2.24 feet to the Southwest corner of the SE 1/4 of the NW 114 of said Section 32; thence along the west boundary of said SE 114 of the NW 1/4, 20) N.000S3' 12"E.,1337.41 feet to the northwest vomer of said SE 1/4 of the NW 1/4; thence along the north boundary of said SE 1/4 of the NW 1/4, 21) S.Vr43'S 1 "E.,1335.91 feet to the northwest corner of the S 1/2 of the NE 114 of said Section 32; theme along the north boundary of said S 1/2 of the NE 1/4, 22) S.89°41'S6"E.,171 SA3 feet to the northeasterly top of bank of the Ten Mile Drain and the easterly boundary of aforementioned Lot 16, Block 1 of Blackrock Subdivision No. l; thence along said top of bank and said easterly boundary, 23) S.36°35150"E.,198.56 feet; thence continuing, 24) S.47°26109^E., 889.12 feet; thence leaving said top of bank and continuing akmg said easterly boundary, 2S) N.W39'49"W.,113.10 feet; thence continuing, 26)S.00 -13-14-W., 235.57 feet; thence continuing, 27) S.89°3949"E., 276.89 feet to a point on the east boundary of the NE 1/4 of said Section 32; thence along said east boundary, 28) S.00°13' 1 S -W., 326.34 feet to the POINT OF BEGINNING. CONTAINING 126.27 acres, more or less. BOISE • COEUR d'ALENE • NAMPA -18- EXHIBIT A MT -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 k BROADMORE WAY SU1rE 101 NAMPA, IDAHO SW 2OB44243W • FAX 20846540" Project: 130164 Date. December 19, 2013 Page: I of 2 SOUTHERN HIGHLANDS SUBDIVISION R-2 ANNEXATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as Lot 24, Block 1, a portion of Lot 16, Block 1, a portion of Lot 1, Block 5, and a portion of Lot I, Block 6 of Blackrock Subdivision No. 1, on file in the office ofthe Recorder, Ada County, Idaho, in Book 96, Pages 12003-12008, and a portion of S. Eagle Road and F Taconic Drive Right -of -Ways, the exterior boundary of which is more particularly described as follows: BEGINNING at the northeast comer of the SE 1/4 of said Section 32 from which the northeast corner of said Section 32 bears N.000 13'1 5"E., 2677.52 feet; thernce along the east boundary of said SEI/4, A) S.00.13'44"W, 142.17 feet to the intersection of the centerline of said E. Taconic Drive; thence along said centerline, 1) N.89048'38"W., 528.23 feet to a tangent point of curvature; thence continuing along a curve to the right, 2) having an arc length of 268.04 feet, a radius of 730.00 feet, through a central angle of 201128'36" and a chord bearing of N.79034'20"W., 266.61 feet to a tangent point of reverse curvature; thence continuing along a curve to the left, 3) having an arc length of 266.17 feet, a radius of 750.00 feet, through a central angle of 20°20'03" and a chord bearing of MM30'03"W., 264.78 feet to a point of tangency; thence continuing, 4) N.8V40'0S"W., 65$.34 feet; thence leaving said centerline, 5) N.00°00'00"E., 57.57 feet to the southwest corner of the parcel described in Warranty Deed Instrument No. 107170774, on file in the office of the Recorder, Ada County, Idaho; thence along the west boundary of said parcel, 6) N.00000100"E., 110.00 feet to the northwest corner of said parcel; thence along the north boundary of said parcel, 7) N.90°00'00"E., 24.00 feet; thence leaving said north boundary, BOISE • COEUR d'ALENE • NANPA -19- EXHIBIT A R-2 ANNEXATION BOUNDARY EXHIBIT SOUTHERN HIGHLANDS SUBDIVISION A PORTION OF NLACKROCK 11 JONVWON NM I SITUATED IN A PORTION OF SECTION 3% TOW14SHW 3 NORTH. RANGE 1 EAST; NOW MERIDIAN ADA COUNTY, IDAHO I� ftr >f f or ar fain r - fw L e,� 1 Z t �♦ Alt k � *d. t� 1 or,,%0,101 It 21 1 LOT 24. SLOM I L4 MM OE M "A" KKMN OF LOIS fHMT 2 or a K t 24. SLOCIC I WAIMANTY DEED MIST. M00700774 -44, -20- 29 28 32 33 rl sl LUl POINT OF BEGINNING — — I/4 LOT L fAOGX f J �"`C 1�--NBo'48'J8'Mr LOT L 11u" f T -O ENCOINENCRS 332 N. BROAOMORE WAY NAMP4 RANO 83687.6123 FHOW (ZOI) "24M FAX: CM61496-00" cAIE 1016"-4-00-M al[ 12INA3 M IMth EXHIBIT A R-2 ANNEXATION BOUNDARY EXHIBIT SOUTHERN HIGHLANDS SUBDIVISION A PORTION OF BLAcKROM SUBDIVMN NO.1 SRUATED IN A PORTION OF SOCWN 32. TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN ADA COUNTY. IDAHO 1 Ip ilt Y701r®t � t�iI1MYIMt��r n OIL w>'ttwl'4 L4 -----------_—"-----, I -, I , I 1 � 1 + 1 I sr aont6e 1 a�a�` ; HI �1 N04"40'051N DT;t'AIL "A" •aws: r . W '4 3 � T■O ENGINEERS ♦ 332 N. BROADMORE WAY t♦`,Q�c STI: ~A, IDAHO 83W-5123 PHONE, ON) 4/ 4M FAX- M) 48MU t 17WN-Y-IB-AMEI-a OA/E Coln! Ia Imim SHEET 2 OF 2 IIOlI1�ARY CURVE TABLE CURVE UO16T11 RAOIUS OELTA BfIIRiNG j26:4.;7lr Cl -21- BOUNDARY UNE TABU: UNE BEARING OISTANOE LI so�t3'44'W 142.Ir 266.04' 750A0' 3736'36' N7i'34'20'W C2 266.17' 750.00' 20'30'03' N7sl'30'03'YY -21- BOUNDARY UNE TABU: UNE BEARING OISTANOE LI so�t3'44'W 142.Ir 13 Nao6'oo'I 57.sr L3 NC00'00•i 110.00' L4 N60'00'00•E 24.00' Lb N7t6'SSi 266.7!' lb S36'J5'00'E 166.66' L7 Nesf'3v'46•w tu.to' L6 s713'u'Ir 2ss.sr 14 S60'S6'49� 276.66' Li0 5713'151Y 526.31' EXHIBIT A T -Q ENGINEERS C 7IN4 ENGMERS, SURVEYORS AND PLANNERS 332 N. BROADA4M WAYSL47E 101 NAMPA IDAHO 8=7 208 4424KIW • FAX 2084860844 Project: 130164 Date: December 19, 2013 Page: I of 3 SOUTHERN HIGHLANDS SUBDIVISION R-4 ANNEXATION BOUNDARY This parcel is situated in a portion of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as a portion of Lot 16, Block I and a portion of Lot 1, Block 4 of Blackrock Subdivision No. 1, on file in the office of the Recorder, Ada County, Idaho, in Book 96, Pages 12003-12008, and a portion of E, Taconic Drive Right -of - Way, the exterior boundary of which is more particularly described as follows: BEGINNING at the northwest corner of the SE 1/4 of the NW 1/4 of said Section 32; thence along the north boundary of said SEIN of the NW 114, A) S -89-43'51-E., 1335.91 feet to the northwest corner of the SW IN of the NE 1/4 of said Section 32; thence along the north boundary of said SW 1/4 of the NE 1/4. 1) S.89°41'36"E., 715.45 feet; thence leaving said north boundary, 2) S.15.3218"E., 958.42 feet;, thence, 3) S.00° 19'S5"W., 298.15 feet to a point on the north boundary of the parcel described in Warranty Decd Instrunnent No.107170774, on file in the office of the Recorder, Ada County, Idaho; thence along said north Wundary, 4) N.90000'00"W., 24.00 feet to the northwest comer of said parcel; thence along the west boundary of said parcel, 5) S.00°00'00"E., t 10.00 feet to the southwest corner of said parcel; thence along the southerly extension of said west boundary, 6) S.00600'00"E., 57.57 feet to a point on the centerline of E. Taconic Drive; thence along said centerliae, 7) N.W40'05"W., 147.17 feet to a tangent point of curvature; thence continuing along a curve to the left, 8) having an arc length of 409.39 feet, a radius of 500.00 feet, through a central arngle of 46°54'46" and a chord bearing of S.66°52'32"W., 398.05 feet to a point of tangency; thence continuing, BOISE • COEUR d'ALENE • NAMPA -22- EXHIBIT A Project: 130164 Date: Deeembe r 11.2013 Page: 2 of 3 9) SA3°25'09"W., 584.72 feet; thence leavittg said centerline, 10) N.46°34'51 "W., 25.00 feet to the most easterly comer of hot 23, Block 1 of aforementioned Blackrock Subdivision No. l; them along the northeasterly boundary of said Lot 23, 1 I) N.46°34'51 "W.,190.00 fed to the easterly corner common to Lots 22 and 23, Block I of said Blackrock Subdivision No. l; thence along the northeasterly boundary of said Lot 22, 12)N.74049'32"W.,192.98 fed to the easterly comer common to lots 21 and 22, Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 21, 13)N.63°S0' 17"W., 178.01 feet to the easterly corner common to Lots 20 and 21, Block I of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 20, 14) N37°30'04"W., 172.16 fed to the easterly corner common to Lots 19 and 20, Block 1 of said Blackrock Subdivision No. 1. thence along the northeasterly boundary of said Lot 19, 15) NA 1°47'50 11V.,170.59 feet to the easterly corner common to Lots 18 and 19, Block 1 of said Blackrock Subdivision No. l; thence along de northeasterly boundary of said Lot 18, 16) N,37"19'36 -W., 173.04 feet to the easterly corner common to Lots 17 and 18. Block 1 of said Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 17) N.36°45'50"W.,172.33 feet to the most northerly corner of said Lot 17; thence along the northwesterly boundary of said Lot 17, 18) SA6°34'38"W., 161.81 feet to the most westerly comer of said l.ot 17; thence, 19) S.65°59'30"W., 50.05 feet to the northeast comer of Lot 15, Block I of said Blackrock Subdivision No. 1; thence along the north boundary of said Lot 15, 20) S.89°4948"W., 235.10 fat to the northeast comer of Lot 10, Block 1 of said Blackrock Subdivision No. 1; thence along that north bouadar BOISE • COEUR d'ALENE • NAMPA -23- EXHIBIT A Project: 130164 Date: December 11, 2013 Page: 3 of 3 21) S.W49'48"W., 20.00 feet to the northwest vomer of said Lot 10, said point beim on the west boundary of the NE 1/4 of the SW 1/4 of said Section 32; diene along said west boundwy, 22) N-006 I 0'12"W., 2.24 feet to the southwest corner of the SE IN of the NW 1/4 ofsaid Section 32; %ence along the west boundary of said SE 1/4 of the NW 114, 23) N.00°S3' l2"E., 1337.41 feet to the POINT OF BEGINNING, CONTAINING 79.70 acres, more or less. BOISE . COEUR d'ALENE 9 NAMPA -24- EXHIBIT A vre i � Ll s' S of 6 r r � �r �1 � yryy 7 �i -tirmt 3.t1.@C/OO�V wns�vwn 44N O -25- ,4 vu EXHIBIT A -26- J J J J J J J J J -26- J J 3 J -26- EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property from RUT in Ada County to the R-4 zoning district. The City Council finds that the proposed map amendment is generally consistent with the LDR FLUM designation for this site and should be compatible with adjacent residential uses. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the $ R-4 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The City Council finds annexing this property with an the R-2 Land -R-4 zoning districts is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section M,, of the Staff Report for more information. -27- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is financial capability of supporting services for the proposed development based on comments from the public service providers (i.e., Police, Fire, ACRD, etc.). (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. -28- EXIIJBT F C Conceptual Building Elevations