HomeMy WebLinkAboutEl Gato Subdivision PP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request to Annex and Zone 6.34 acres from RUT to R-3 (Rural Medium
Density Residential) AND Preliminary Plat approval for eleven (11) single family
residential building lots and three (3) other lots, for El Gato Subdivision, by C2B
Development, LLC
Case No(s): AZ-05-012, PP-05-014
For the City Council Hearing Date of: September 6, 2005
A.
Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the September 6,2005,
.public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
ofthe City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-012 / PP-O5-014 - PAGE I of 4
a.
In additÏon to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings are Ben Zumhoff.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits D for the findings required for these applications.
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 Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
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.
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 and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated July 29,2005 as shown in Exhibit B, and the Site Specific and Standard
Conditions in Exhibit C. 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 § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is
hereby ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-0 12 / PP-O5-0 14 - PAGE 2 of 4
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated July 29, 2005 is hereby conditionally approved; and,
2. The Site Specific and Standard Conditions are as shown in Exhibit C.
Notice of Applicable Time Limits
D.
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction ofthe public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
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, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval 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.
Exhibits
Exhibit A:
Legal Description
Approved Preliminary Plat (with conditions)
Exhibit B:
Exhibit C:
Site Specific and Standard Conditions
Exhibit D:
Required Findings
¡; & day of
By action of the City Council at its regular meeting held on the
~~J.e.v,2005. .
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED~
VOTED 1J6ft.J-
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-012 / PP-O5-014 - PAGE 3 of 4
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COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
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Attest:
VOTED---þ
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VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISiON & ORDER
CASE NO(S). AZ-O5-0 12 / PP-O5-0 14 . PAGE 4 of 4
EXHffiIT A
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El Gato Subdivision
AZ-O5-012
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Exhibit A
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EI Gato Subdivision
Exhibit A
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EXHffiIT B
EI Gato Subdivision
PP-05-014
Preliminary Plat Dated July 29, 2005
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EXHffiIT C
El Gato Subdivision
AZ-O5-012, PP-O5-014
Conditions of Approval
(With deletions and additions in strikeout/underline)
1.
This Staff Report is based upon the preliminary plat prepared by W &H Pacific on July
29. 2005 February 15, 2005, and is approved with the conditions listed herein. All
comments/conditions of the annexation and zoning (AZ-05-012) application shall also be
considered conditions ofthe Preliminary Plat (PP-05~014).
2.
Construct Liger Court to the north right-of-way line to tie in with the amended alignment
of the W. Pine Ave right-of-way.
3.
Rø'lÎse the plat to provide a minimum røsideÐtial den.sity ealeulation in aeeordanee '.vith
the low density residential desigRation of less than 3 dv:elliag units per aerø. The
miaiml:J,ffi residential deflsity shall be eale1:1.lated by t-ke nl:1fJ.'}ber of lots by the o':erall
aereage that iaehldes only: resideÐtial lots, feql:lired landscape buffers as required by
MCC 12 13, internal right of ways, aad useable 01300. spaee.
4.
A detailed fencing plan shall be submitted upon application of the final plat. If peunanent
fencing is not provided around the perimeter, temporary construction fencing to contain
debris must be installed prior to issuance of building peunits. All fences shall taper down
to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in
accordance with MCC 12-4-10
5.
Set aside 5% øfthe 5.51 aere site for useable eøRHflon open spaee, as required. Based on
the revised vlat dated July 29.2005 all areas approved as open space shall be free of wet
ponds or other such nuisances. All stoun water detention facilities incorporated into the
approved open space are subject to MCC 12.13.14 and shall be fully vel!etated with IITass
and trees. Sand. 2:ravel or other non-ve2:etated surface materials shall not be used in open
space lots. except as permitted under MCC 12-13-14. Where the applicant has submitted
a preliminary landscape plan and where staff has reviewed such plan. the landscaping
shall be consistent with the preliminary plan with modifications as proposed by staff. If
the stonn water detention facilitv cannot be incorporated into the approved oven space
and still meet the standards of MCC 12-13-14. then the applicant shall relocate the
facilitv. This mav reauire 10sin2: a developable lot or developable area. It is the
responsibility of the developer to comply with ACHD. City of Meridian and all
other regulatory reauirements at the time of final construction.
6.
Prior to final plat approval by City Council, vacate the unopened right-of-way along the
southern 20 feet of the property as per ACHD conditions of approval. The applicant
shall submit an application to the Citv of Meridian for vacation in compliance with MCC
12-10-1 of the southern portion to be included with proposed Lots 7 and 8 of mock 1 of
the preliminary plat dated July 29. 2005. ACHD shall vacate the right~of-waY prior to
final plat approval.
7.
The submitted landscape plan prepared by Good Earth Landscape, dated 2-11-05 is
approved as submitted, with the following notes/modifications:
E1 Gato Subdivision
Exhibit C
.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement
trees for those trees that are removed (MCC 12-13-13-3). Coordinate a tree
protection/mitigation plan with Elroy Huff at the Meridian Parks Department.
Landscape a minimum 50-foot wide buffer in the existing Pine Lane right-of-way
and execute the required license agreement with ACHD. The landscape buffer along
El Gato Lane shall be planted with trees and shrubs, lawn, or other vegetative
groundcover, with a minimum density of one tree per thirty-five linear feet, as
proposed. Said landscape buffer shall be located beyond the required future street
right-of-way, as proposed.
Depict a minimum of 5' sidewalk in the Black Cat Right-of-way as required by
ACHD Conditions of Approval.
All street trees located in the parkway shall be consistent with the street buffer
requirements ofMCC 12-13.
.
.
.
The approved landscape plan is not to be altered without prior written approval of the
Planning & Zoning Department.
8.
The Purdam Drain shall be fenced appropriately with a six-foot tall non-combustible
material and maintained free of noxious materials.
9.
Underground year-round pressurized iITigation must be provided to all lots within this
development (MCC l2-5-2.N). 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
shall be required to utilize 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 shall be
responsible for the payment of assessments for the common areas prior to signature on
the final plat by the City Engineer. If the system is to remain private, a draft copy of the
pressurized irrigation system O&M manual must be submitted prior to plan approval.
10.
Maintenance of all common area lots shall be the responsibility of the El Gato
Homeowners' Association.
11.
Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-
10-8. The applicant shall provide five-foot detached sidewalks adjacent to Black Cat
Road. The applicant shall also provide four-foot wide detached sidewalks adjacent to the
internal public streets (with a minimum eight-foot wide planter strip between the
sidewalk and the curb), as proposed.
12.
Add a note to the face of the final plat stating: "Garage setbacks shall be measured from
the property line or the adjacent sidewalk, whichever is more restrictive."
13.
Sanitary sewer service to this site is being proposed from the future extension of the
Black Cat Trunk line. The applicant will be responsible to construct sewer mains to and
through this proposed development. Subdivision designer to coordinate main sizing and
routing with the Public Works Department. Applicant shall execute City of Meridian
standard forms of easements, for any mains that are required to provide service. Cover
over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the
El Gato Subdivision
Exhibit C
19.
20.
21.
pipe. If cover is less than 3.feet from the sub.grade to the top of pipe, alternate pipe
materials shall be used per the Meridian Public Works Department's Standard
Specifications.
14.
Domestic water service to this site shall be via extensions from Black Cat Road and
provide connections for the property west of the project boundary. The preliminary plat
indicates the proposed water main in Pine to be eight-inch, the City of Meridian master
water plan requires 12-inch; therefore up sizing of the main in Pine shall be required. The
applicant shall be responsible to construct water mains to and through tIlls proposed
development. Subdivision designer to coordinate main sizing and routing with the Public
Works Department. Applicant shall execute City of Meridian standard fonus of
easements, for any mains that are required to provide service.
15.
The landscape plan dated 2/15/2005 shows trees planted on each lot line. Meridian
Public Works specifications do not allow any large landscaping within a five foot radius
of water meters. The applicant shall make the necessary adjustments to achieve this
separation requirement and comply with all landscape requirements.
16.
Direct lot access to Black Cat Road is prohibited. A note shall be placed on the fmal plat
restricting access to Black Cat Road.
17.
No variances, exceptions or reductions to the City adopted dimensional standards or uses
are approved with this preliminary plat application. Unless otherwise approved, all
minimum lot sizes, structure setbacks, street frontage, and house size requirements of the
R-3 &-4 zone shall be maintained.
18.
A covenant shall be recorded for each lot within EI Gato Subdivision stating that the
owner of the lot shall be responsible for maintenance of the drainage swale located on
ACHD Right-of-way fronting on the lot.
The existing house shall be removed prior to the City Engineer's signature on the final
plat.
Revise the detail of the road side swale. to show ribbon curb instead of the rolled curb
that is shown.
Anv existing domestic wells and/or seutic systems. and appurtenances. within this project
will have to be removed from their domestic service per City Ordinance Section 9-1.4
and 9-4-8. Wells mav be used for non-domestic purposes such as landscape irrigation.
STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. All grading of the site shall be perfonned in confonnance with MCC 11-12- 3H.
2.
3.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13.10-8.
A letter of credit or cash surety in the amount of 11 0% will be required for all fencing,
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the
final plat.
El Gato Subdivision
Exhibit C
7.
9.
4.
Street signs to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, road base shall be approved by the Ada County
Highway District, and the Final Plat for this subdivision shall be recorded, prior to
applying for building pennits.
5.
All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
6.
A detailed landscape and fencing plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with the final
plat application.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
8.
Two-hundred-fifty and one-hundred-watt, high.pressure sodium streetlights will be
required at locations designated by the Public Works Department. All streetlights shall be
installed at subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are detennined after power designs are
completed by Idaho Power Company. The street light contractor shall obtain design and
pennit from the Public Works Department prior commencing installations.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees that
were removed. Required landscaping trees will not be considered as replacement trees for
those trees that have to be mitigated.
10.
Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a
soils scientist, to the Public Works Department for review,
11.
The applicant shall coordinate mailbox locations with the Meridian Post Office.
12.
Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
13.
Applicant's engineer will be required to submit a signed, stamped statement certifying
that all street finish centerline elevations are set a minimum of three feet above the
highest established normal groundwater elevation.
14.
The applicant shall be required to pay Public Works development plan review, and
construction inspection fees, as detennined during the plan review process, prior to
signature on the final plat per Resolution 02-374.
15.
Applicant shall be responsible for application and compliance with any Section 404
Permitting that may be required by the Anny Corps of Engineers.
16.
Applicant shall be responsible for application and compliance with and NPDES
Pennitting that may be required by the Environmental Protection Agency.
E1 Gato Subdivision
Exhibit C
7.
8.
9.
17.
Staff's failure to cite specific ordinance provisions or tenus of the approved
mmexation/conditional use does not relieve the applicant of responsibility for
compliance.
18.
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC
12-2-4.
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a [lIe-flow of 1,000 gallons per minute available
for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average
of500' apart. International Fire Code Appendix C.
2.
Acceptance of the water supply for [lIe protection will be by the Meridian Water
Department and water quality by the Meridian Water Department for bacteria testing.
3.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of
the hydrant location.
e. Fire Hydrants shall be placed on comers when spacing pennits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10',
g. Fire hydrants shall be placed 18" above finish grade.
4.
The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
5.
All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
6.
All common driveways shall be straight or have a turning radius of 28' inside and 48'
outside and shall have a clear driving surface which is 20' wide. Said common driveway
shall have a minimum GVW of 70,000 lbs. No parking signs shall be installed on any
common driveway that doubles as a fire lane. Coordinate the location of the required signage
with the Meridian Fire Department.
Dead-end fire apparatus access roads in that are 500'~750' in length. The roadways shall
be built to Ada County Highway Standards cross section requirements and shall have a
clear driving surface, available at all times, which is 26' wide. Streets with less than a
35' street width shall have no parking. Streets with less than 39' shall have parking only
on one side. These measurements shall be based on the face of curb dimension. Special
approval required over 750' !FC Table D1O3.4.
For all public streets containing landscape islands, paint the curb red and provide signage
"No Parking Fire Lane".
Operational [lIe hydrants, temporary or pennanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
EI Gato Subdivision
Exhibit C
10.
The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is 20'
wide. Streets with less than a 29' street width shall have no parking. Streets with less
than 33' shall have parking only on one side. These measurements shall be based on the
face of curb dimension.
11.
The proposed 17-lot subdivision with an estimated 2.9 residents per household would have a
total estimated population of 52 residents at build out.
12.
All portions of the buildings located on tills proj ect must be within 150' of a paved surface
as measured around the perimeter of the building.
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2,
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
ADA COUNTY HIGHWAY DISTRICT
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 48-feet of right-of-way along Black Cat Road, and
construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a
minimum of 41-feet ITom the centerline of the right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Black Cat Road, located a minimum of 41-feet from the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of~way, but construct a minimum 5-foot wide concrete
sidewalk along Black Cat Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
2.
Construct Pine Lane/EI Gato abutting the site so that when the street is fully constructed
(north and south sides), the street will align with E1 Gato on the east side of Black Cat
Road. These streets intersecting Black Cat Road are required to align, centerline to
centerline, Construct the street as one-half of a 36-foot street section, with a minimum of
24-feet of pavement, within the 50-foot right-of-way corridor that is needed for the
alignment. Curb, gutter and 5-foot wide concrete sidewalk is required on the south side
of the road. The additional Pine Lane right-of-way (south of the road) may be
landscaped, with a license agreement. This requirement will eliminate the two roadways
that currently intersect Black Cat Road on the east side, and will combine the entrance as
a single roadway at E1 Gato. Provide a connection for Pine Street to intersect El Gato at
the west property line. -
3,
The street layout is approved as proposed.
E1 Gato Subdivision
Exhibit C
4.
The internal streets shall be constructed as 36-foot street sections with curb, gutter and 5-
foot wide concrete sidewalks within 50-feet ofright~of-way. If the applicant chooses to
pursue the alternative street section, then the applicant should provide the District with
infonnation indicating that this subdivision meets the criteria.
5.
Bengal Street shall be constructed as a stub street to the west property line, as proposed.
Install a sign at the tenninus ofthe roadway that states "THIS ROAD WilL BE
EXTENDED IN THE FUTURE".
6.
Turnarounds shall be constructed to provide a minimum turning radius of 45-feet.
7.
Vacate the unopened right-of-way abutting the south property line, prior to final plat
approval. The vacation should be completed by the applicant prior to final plat approval,
and can take four to six months to process.
8.
Any existing irrigation facilities shall be relocated outside ofthe right-of-way of Black
Cat Road or EI Gato Lane.
9.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of Avvroval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances uruess specifically waived herein, An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7.
Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
EI Gato Subdivision
Exhibit C
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #200, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (I .800-342-1585) at least
two full business days prior to breaking ground within ACHD right~of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10.
No change in the tenns and conditions of this approval shaH be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confinnation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
E1 Gato Subdivision
Exhibit C
EXHmIT D
El Gato Subdivision
AZ-O5-012, PP-O5-014
Required Findings
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15 -11, General Standards Applicable to Zoning Amendments, both
the P&Z Commission and Council are required "to review the particular facts and circumstances
of each proposed zoning amendment in tenus of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment."
The following is the list of standards found in 11-15 -11 and analysis by staff:
Please note that items that have been lined with strikethrouR:h have been chanR:ed from the
oriR:inal staff report dated Mav 19. 2005 Items underlined have been added to the re~ort based
on the Preliminary Plat dated July 29.2005.
A.
Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive Plan
amendment;
In Chapter VII of the Comprehensive Plan, 'Low density' is defined as areas including
single-family homes at densities of three dwelling units or less Der acre. The applicant is
requesting that all the subject site be zoned R-3 (Rural Medium Density Residential).
The R-3 district allows for a maximum of three (3) dwelling units Der acre (MCC 11-7-
2.B) The R-3 District is consistent with the Low Density Residential ComDrehensive Plan
Designation. R 1 (Løw DeBsity Residootial). The R 1 distriet allows fDr a H'la1lÎmum of
four (1) dwelling W'lits per aere (MCCll 72.C). .\1thol:lgÐ. the requested zoning
designatioB, R 1, allows densities eonsisteflt with the low deasity Compreheasive Plaa
desigaatioa tfirøugb the 'step up' alløwance as ia residefltial aroas, other resideHtial
deasities will be eoflsidered ..vithout requiriag a Comprehoosive Plan amenlifaeflt.
However the deasity eaR only be eNRaged øfle "st@}'!" (i.e. low tø medium, not lo\': to
high, ete.). The propøsed residemial deflsity før this site is 2.&9 gross dwelling units per
Rare as ealculated by the applieaat, or 17 units per 5.&9 Beres.
The applieant has sæmitted a survey indieatiag the property to be 5.51 Beres which
would caløulate a grøss deasity of 3.08 cl-weUiag l:laits per Bore in eonfliet --'lith tho
Comprehensive Plaa designa-tioa of Low Density bm: meetiflg the gøals of the modil.ID'l
deflsity residential eomprefleflsive designatioa. Net deflsity is approximately 5.6 dv¡elliflg
units to the eere if right øf "lay aad required øpefl SfJaee ealeulatioas are removed from
the ealeulatiø1i. Net doosity eale1:l1atioa may be of importanee as the eoHlffloalots/ opea
spRee provido BO praetieal residential/traasitioflalase buffer. Tho 10' lafldseape buffer tø
the Borth roaœ;¡ay aad the 25' laBdseape buff.er on Blaek Cat Road are requirod (lot 1
Bloek I) aad the 50' opea spRee løt søuth of the residemial lots is a signifieaat eaflal
requiring safety fefleiag. Therefore, these opea spRee lots provide ao relief or transitiøflal
buffer tø aeiglibøriBg large løt resiàeatial 1:13es. It is staff s opimøn that the lot sizes oa
the v:ostern bol:}fldary should be a m:Î.Ril'l'lUffi of 12,000 square feet ia order to trafl3ition to
the larger rural resideatialløts øa the western boundary.
El Gato Subdivision
Exhibit D
The Comprehensive Plan does allov,' a one steß inerease or dcerease in residential areas
without amending the Compreflønsivø Plan. Similar density of development has oeeurred
in the one existiøg soodivisi0n ill this area today (Cast1oorook, single family lots 8,000
15,000 sq1:1are feet), aRd staff believes that approving a plat with less than 3 cl"\'elling
UllitS per aere eo1:1J.d he iN. the City's Best iN.terest. lIo'Never, beeause there are many large
lots adjacent to the west of the site, aRd available l:H"Bafl style siagle family lot options ia
Castlooro0k to the n0rtheast, stepping up density to m0re than 3 d'welling units per aere
:Ffl6)' not be élfJprøßriate.
The comprehensive plan states on Page 104, Objective D- Plan for appropriate uses
within rural areas: "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. "
I:R this instaaee staff d0es not support the "step 1:113" ill dæsity at this site aad reeommCflds
to the Cmmnissioa to æaiRtaÎ:R the 10w density desigRatioR.
Staff feels that the preliminary plat dated July 29, 2005 more adequately resembles
a transitional nature of the anticipated Low Density Area west of Black Cat Road
and recommends approval of this design. Staff recommends that the Commission and
Council rely on staffs analysis, public testimony received and any comments submitted
from any other agencies or departments regarding whether the proposed zone and
subsequent development is hannonious with and in accordance with the Comprehensive
Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
Staff does not anticipate that the applicant intends to rezone the subject property in the
future. However, the City Council is considerinl! amendments to Title 11 of the Meridian
City Code that would combine the R-3 and R-2 zoning districts. Staff has added a
condition to the Development Agreement statinl! that the aoolicant is in agreement with
this future zone change. (This rezone will have no imoact to the orooerty owners: the EI
Gato lots as orooosed will meet the dimensional standards for the amended R-2 district as
prøposed in the Unified Develooment Code).
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a residential area
turning into a commercial area by means of conditional use permits;
Staff finds that single.family residential uses are allowed within the requested zoning
district of R-3(Rural Medium Densitv Residential) R 1. Low Dæsity Residential Rural
Medium Densitv Residential permits the establishment of residential uses and is designed
to protect the integrity of residential development by prohibiting the intrusion of
incompatible nonresidential uses. The accompanying plat demonstrates the land will be
developed with lot sizes, housing types and other dimensional requirements that confonn
to the proposed zoning designation.
D.
Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
El Gato Subdivision
Exhibit D
access been developed or planned or adjacent area being developed in a fashion
similar to the proposed rezone area;
Staff finds that recent residential developments to the northeast have been approved for
development similar to the proposed subdivision, with single-family residences.
Development in the area has been limited to sewer capacity. Currently sewer is not
available as the Black Cat Sewer Trunk is not active and development is not encouraged
until sewer connections can be made as approved by Meridian Public Works. The
estimate on the Black Cat trunk coming online is early winter 2005.
Ada County parcel grounds designated low density residential; approximately 5 acres per
lot dominate the landscape west of Black Cat Road where Castlebrook Subdivision (R-4)
and Chesterfield Subdivision (R-8) to the east of Black Cat Road are both single-family
developments with residential densities between 3.0 dwelling units per acre (Castlebrook)
and 4.63 dwelling units per acre (Chesterfield).
Based on the ACHD Long Range 2030 proposal, Black Cat Road is anticipated to
eventually be a 3-lane roadway abutting this site. However, Black Cat Road is not
currently included within ACHD's Five Year Work Program or in the currently adopted
20-year Capital Improvements Plan for roadway improvements.
Local Streets El Gato Lane and W. Pine Lane are ACHD rights-of-way. ACHD and the
City of Meridian will require the proposed Liger Court to take access to El Gato Lane.
El Gato Lane lines up with El Gato Lane to the east of Black Cat Road. El Gato Lane is a
50' public right-of-way platted under Sky-View Ranchettes No 1 and maintained by
ACHD.
ACHD has made the following comments: "There is 110-jeet ofright-of-way (60-feet for
El Gato and 50-feetfor Pine) abutting the north property line of the site. On the east side
of the roadway, El Gato has been constructed to serve Castlebrook Subdivision and
improvements for the north side ofEI Gato are in place. These streets intersecting Black
Cat Road are required to align, centerline to centerline. The applicant has sufficient
right-of-way to construct the street within the 50-foot right-of-way corridor that is needed
for the alignment. The applicant will have additional right-of-way from Pine Lane
abutting the north property line because the road will be shifted slightly to the north.
This right-qf-way area can be landscaped, with a license agreement. This requirement
will eliminate the two roadways that currently intersect Black Cat Road on the east side,
and will combine the entrance as a single roadway at El Gato. The applicant should
provide a connection for Pine Lane to connect to El Gato west of the site."
ACHD has indicated that W. Pine Lane is a fee simple roadway and holds deeds to 50' of
right-of-way from the western property edge to Black Cat Road. Pine Lane is a privately
maintained right-of-way. According to ACHD Pine Lane is 50' of public right-of-way
that ACHD does not maintain. ACHD has made a condition that the applicant shall
landscape the 50' of right-of-way (currently Pine Lane) providing one access point for
Liger Court to El Gato Lane which then will provide connection to Black Cat Road. The
City of Meridian shall require the 50' landscape buffer to be included with the landscape
plan as per MCC 12-13. The improvements would be considered off-site by the plat but
it would not be offsite if detennined as part of the annexation request. The annexation
finding would need to be made that this project is in the best interests of the city, however
E1 Gato Subdivision
Exhibit D
the presence of Pine Lane would dictate making landscaping improvements to shift local
traffic from Pine Lane to El Gato (see Annexation and Zoning Finding L).
E.
Will the proposed uses be designed, constructed. operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
Staff finds that the requested zoning and proposed density is appropriate to slightly
higher than the anticipated range for a low density urban project. Based on the
Comprehensive Plan, staff believes that the existing county parcels in the area (south and
north and east) will redevelop with similar or lower densities in the near future. Staff also
finds that the proposed zoning/uses can be designed and constructed in a manner that will
be harmonious with, and appropriate in appearance with, the existing and intended
character of the surrounding area. Staff does not anticipate that all of the five acre
parcels in Sky~view Ranchettes Subdivision #1 will redevelop and allowances for some
parcels to be maintained with larger areas should be considered.
The proposal does not meet the standards of MCC 12.13-16.2 Residential Subdivision
Open Space which states that "common space shall equal or exceed 5% of the gross land
area of the subdivision. This requirement shall apply to all single family residential
subdivisions of 5 acres or more." The preliminary plat dated 7/22/05 added 2 open space
lots which approximate 4.77% of the site as open space. The site is extremely close to
the reQuired five percent open space. Furthermore. staff feels that the required five
percent will be met when the applicant redraws the dehts of way on Lieer Court and
Bengal Street as conditioned in this report. THe applieaat has flOt provided useable opæ
spaee as defiaed by areas eJœlusive of street riglHs of way and street buffurs, as TNell as
aeeessible by all resideNts of the soodiYfsion. Lot I Bloek 1 is partially right of T.vay
buffer to PiRe Lane aad Blaek Cat Road and partially Boa aeeessible, ROB landseaped
areas utilized by the pl:1f'dam Draia. There are ao otHer open spaee lots iReluded 7¡ith.
this proposal
The existing character of the area will, and is, cun-ently changing, especially upon build-
out of the proposed project and other similar subdivisions in the general vicinity.
However, staff does not find that the proposed zoning/uses will adversely change the
essential character of area. Staff recommends that the Commission and Council rely on
staffs analysis, public testimony received and any comments submitted from any other
agencies or departments regarding whether this property should be annexed as proposed.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Staff does not anticipate that the proposed residential uses will be hazardous as long as
the conditions outlined in this report are complied with and construction traffic and house
construction is conducted in a manner consistent with City Code.
Access to Black Cat Road shall be taken to El Gato Lane and subsequently to West Pine
Ave Improvements must be made accordingly to El Gato Lane to shift local traffic from a
publicly non-maintained right-of-way to a maintained street. This change could be
considered disturbing to residents using El Gato Lane for access to Black Cat Road.
However, as per ACHD's condition, traffic nom Pine Lane should be moved to El Gato.
El Gato Subdivision
Exhibit D
The e011'lfflOn lot listed as Lot 1 Bloek 1 '.vill require fuflcing to sepamte Black Cat Road
aad tàe Purdam Drain from residential uses. The Purdam Drain is a steep banked and
potentially hazardous waterway which should be fenced in such a manner as to be non-
combustible and impede all pedestrian access to the Purdam Drain.
The Commission and Council should rely on any public testimony (oral and written)
when determining whether or not the proposed zoning and subsequent uses will be
disturbing or hazardous to the existing or future neighboring uses.
G.
Will the area be served adequately by essential public facilities and services such as
higbways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such services;
The applicant will be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public Works
Department.
The applicant and/or future property owners will be required to pay park and highway
impact fees.
On April 27, 2005, the ACHD Commission acted on the subject applications. The ACHD
is recommending approval of this development with site specific and standard conditions
(please see Agency Comments and Conditions at the end of this report).
On April 29, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
staff finds that the public services listed above can be made available to accommodate the
proposed development. The Commission and Council should reference any written
and/or verbal testimony subuùtted by any public service provider, regarding their ability
to adequately service this project.
H.
Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public
costs to serve the future residents will be fire, police and school facilities and services.
Staff finds there will not be excessive additional requirements at public cost and that the
proposed zoning and subsequent development will not be detrimental to the community's
econouùc welfare.
I.
Will the proposed uses not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
E1 Gato Subdivision
Exhibit D
general welfare by reason of excessive prodnction of traffic, noise, smoke, fumes,
glare or odors;
Staff finds that the proposed annexation and the development of single~family homes on
this site will not involve uses that will create nuisances that would be detrimental to the
general welfare of the surrounding area.
ACHD projects this development will generate 160 additional vehicle trips per day based
on the preliminary plat submitted 2/15/05. Staff recognizes the fact that traffic and noise
will increase with the approval of this subdivision; however, staff does not believe that
the amount generated will be detrimental to the general welfare of the public. Staff does
not anticipate the proposed annexation and subsequent uses will create excessive traffic,
noise, smoke, fumes, glare, or odors.
J.
Will the area have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street into the site from West Pine Ave
through El Gato Lane, which will connect with Black Cat Road, a minor collector.
ACHD is supportive of the proposed approach (Liger Court) location on W. Pine Ave.
The applicant shall provide the stub street to the west which is listed as Bengal Street.
Staff believes that the extension of Liger Court to W. Pine Lane to the west will allow
better traffic circulation for this area. El Gato Lane is unimproved right-of-way and
should be vacated by ACHD or landscaped as requested by ACHD at the developer's
expense under a license agreement. The landscaping should be designed in a manner to
shift all traffic from El Gato Lane to W. Pine Ave. If the Liger Court is designed and
constructed as approved by the ACHD and the City, staff does not believe that the
subdivision will create interference with traffic on the surrounding public streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
There are some mature trees on this property. Any existing trees larger than 4" caliper
that are removed should be mitigated for, per the Landscape Ordinance. The Purdam
Drain and the Oregon Shortline Railroad right-of-ways provide significant wildlife
habitat for pheasants, quail and other game bird species as detailed in several letters of
correspondence. Fencing the Purdam Drain along the southern boundary of the proposal
should provide wildlife and open areas adequate protection from residential uses. Staff
fmds that the proposed development will not result in the destruction, loss or damage of
any natural feature(s) of major importance if developed under these conditions.
Staff recommends that the Commission and Council reference any public testimony that
may be presented to detennine whether or not the proposed development may destroy or
damage a natural or scenic feature(s) of major importance of which staff is unaware.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592, 11-17-1992)?
EI Gato Subdivision
Exhibit D
The R 1 ZOniBg amefldment ',vill pro'ádo lots that are similar in. natl:lfO to existing
s1:1bdivisiofls in the Bear vidBity. It is staffs iNterpretation of the proposal that there arc
tm-ee faetors whieh should he mai:B:tained in the hest iBterest ofthe City ofMoridian.
1.
The lot sizes øf s1:1bdivisioBs ',vest of Black Cat Road shm.::1ld adhere to tho Low
Doosity Reside:B:tial desigaation. regardless of the ZOftÎBg designation. The larger lot
sizes wol:lld provide re\ver residØB:ts Hear large sized, estate style, rural residential
uses aBd provide a better traRsitioR frØFR R 8 densities east of Black Cat Road vlith
the existin.g platted residefltiallots øf Sky Vie'.\' Rafløhettes No.1 S1:1bdivisioB.
Tho applicant shall provide the required laadssapiRg buffers to smf!: vehicular traffic
from FiRe Lane to £1 Oato LaFle as reql:lirod by i\.CHD. The road section from Liger
COl:lrt shall extood aRd cøl'lIlect to £1 08to LaBe uaåer the reql:lirod street sectiøfls as
approved by f£IID.
The BfJplicaBt shall provide a mi:B:i:rnum of 5~<" Bf useable open spacc within. the
subdivisiøB.
2.
3.
Staff finds that all essential services are available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. The
applicant is proposing to develop the land in general compliance with the City's
Comprehensive Plan (if a stefll:lP in deasity is gFanted). Staff does not recommend lot
sizes that would be invasive to the properties to the north and west ofthe subject property
but the lot sizes should be transitional in nature and allow additional low density
residential uses to expand to the west at the owners discretion. Subdivisions of medium
density have already been approved for development to the east and this is a logical
expansion of the City limits from medium density to low density residential uses. In
accordance with the findings listed above, staff finds that annexation/zoning of this
proDertv would be in the best interest of the City.
PRELIMINARY PLAT ANALYSIS
Sections 12-3~3 J.2 and 12-3-5 D read as follows: "In detenllining the acceptance of a proposed
subdivision, the Commission/Council shall consider the objectives of this title and at least the
following:
A.
The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Howe'.'!:!r, the preposed demsity, 3.08 dv:elling UftÌts per aere (gross)
is abo';e the target dOflsity of 3 dwelliRg l:lftÎts 13Øf acre for this Mea. Staff a:B:tieipates the
inell:lsioR of 5~<" of opeB. space to allow the doRsities to develo13 closer to 3 ffivelling units
to the aerc. The DrODosed density of am;>roximatelv two dwelline units Der acre (gross) is
within the exvected ran!!e for a Low Density Residential area. Please see Annexation and
Zoning Analysis "A".
B.
The availability of public services to accommodate the proposed development;
E1 Gato Subdivision
Exhibit D
Staff finds that public services are available to accommodate the proposed development.
(See finding "G" under Annexation and Zoning Analysis for more detail.)
C.
The continuity of the proposed development with the capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, staff finds that the subdivision will not require the expenditure of capital
improvement funds.
D.
The public financial capability of supporting services for the proposed development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e.- police, fire, ACHD, etc.) to detennine this finding. (See finding
"G" under Annexation and Zoning Analysis above, and the Agency Comments and
Conditions at the end of this report for more detail.)
E.
The other health, safety or environmental problems that may he brought to the
Commission's attention.
Staff is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Councilor Commission's
attention. ACHD considers road safety issues in their analysis. Staff recommends that the
Commission and Council reference any public testimony that may be presented to
detennine whether or not the proposed subdivision may cause health, safety or
environmental problems of which staff is unaware.
PRELIMINARY PLAT SPECIAL CONSIDERATIONS
1.
Public Streets and Access:.
Connectivitv (Uger court):
Liger Court is also shown as a connection to W Pine Ave. The applicant shall extend
Liger court to W Pine Ave under the conditioning of ACHD. The applicant shall
construct the stub street to the west (Bengal Street)
NOTE 2: At the April 27, 2005, ACHD Commission meeting, the District required the
applicant to construct Liger Court to El Gato Lane and connect with W. Pine Ave (see
A CHD conditions of approval).
Vacation (southern ROW):
The aDDlicant shall submit an application to the Citv of Meridian for vacation of the
Right of Way south ofthe Droiect site. MCC 12-10 and ACHD require all vacations to
have a recommendation to the approDriate agency. See Site Specific Condition #6
E1 Gato Subdivision
Exhibit D
6.
Black Cat Road:
The applicant has submitted a legal description showing ownership to the centerline of
the road on Black Cat Road. a minor arterial. The preliminary plat shall include the
entire right-of-wav to be donated to ACHD (48 feet). The plat shows a 23-foot wide lot
for future right-of-wav. See ACHD Site Specific Condition #1
2.
Landscaping: Staff is generally supportive of the proposed landscaping design with the
following considerations: fencing should be included on the north border of the Purdam
Drain, and Pine Lane landscaping shall be designed according to MCC 12-13
Landscaping and maintained by the home owners association. See Site Specific
Condition #7 below.
Open Space: MCC 12-13-16 requires five percent of open space to be set aside for
subdivisions of at least five acres in size. Tho applieant is pfoposiRg to set aside 0.6 aetas
(acconliag to tHe plat note) (10.g~<.) of the site for Opefl spaøe.l\fost of this Opefl spaee is
at the ffoRt ØfltfY ¡me tHe døvelop1fleflt, adjaeønt tEl Blade Cat Road or eomaæed BY tho
Purdam DraiR and not aeeessiàlø to all lots of the subdivision. Further, Common open
space means land exclusive of street right-of-way and street buffers for Black Cat Road
(MCC 12-13-16-3). The applicant has added two open space lots which approximate five
percent of the site based on the proposal dated Julv 29.2005. See Site Specific Condition
#5 below.
Tree Mitigation: There are several large trees on this site that the applicant is proposing
to remove or relocate. Any tree over 4" in caliper that is removed from the property shall
be replaced by installing additional trees, being the equivalent number of caliper inches
of trees that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that are removed (MCC 12-13-13-3). The applicant
should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park
Department. See Site Specific Condition #7 below.
4.
Ditches. Laterals. and Canals: Per MCC 12-4-13, all ilTigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to
the area being subdivided shall be tiled. Staff is unaware of the official status of the
Purdam Drain, it appears to be maintained by Nampa Meridian Irrigation and is of
sufficient size to be used and considered a natural feature and not require tiling. See Site
Specific Condition #8 below
5.
Pressure IrrilZation: 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 utilize 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 signature on
the final plat by the City Engineer. An underground, pressurized irrigation system should
be installed to all landscape areas per the approved specifications and in accordance with
MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #9 below,
Existing Residence: The existing residence shall be removed from this site prior to
building pennit improvements.
El Gato Subdivision
Exhibit D