HomeMy WebLinkAboutAddendum Development AgreementADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 54~ 1
BOISE IDAHO 08/23107 04:44 PM
DEPUTY Gail Garrett
RECORDED -REQUEST OF 107119576
Meridian City
ADDENDUM TO THE DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. ATM Development, Developer
3. Martin Artis, Owner
The following is an addendum to that certain DEVELOPMENT
AGREEMENT, entered into on the 14th day of August, 2006 and approved by the Meridian
City Council on August 22, 2006. This addendum is made and entered into this day
Of l�quslz, , 2007, by and between CITY OF MERIDIAN, a municipal
corporation of the State of Idaho, hereafter called CITY, whose address is 33 East Idaho
Avenue, Meridian, Idaho 83642 and ATM Development, whose address is 660 East Franklin
Road, Meridian, Idaho, 83642, hereinafter called DEVELOPER, and Martin Artis, whose
address is 9292 W. Pandion Court, Boise, Idaho 83714, hereinafter called OWNER.
OWNER and DEVELOPER agree to be bound by the terms of the original
Development Agreement (instrument # 106141057), approved on August 22, 2006 on the
land described in Exhibit "A", except as specifically regarding the following items:
1. The parties hereto agree that the development of the property described in Exhibit
"A" shall be in accordance with the terms of the above described Development
Agreement, exhibit "B", or those City ordinances in effect at that time any
subsequent conditional use application is filed, whichever are more restrictive.
2. That the original Development Agreement, Instrument # 106141057, approved on
August 22, 2006, and recorded on August 31, 2006, be amended by modifying the
following:
0 Page 3, Section 4.1— deleting the allowed uses section as follows:
"Construction and development of a Certificate ofZoning Compliance
shall be submitted to the City of Meridian prior to a future development in
the R-4 zone, and the pertinent provisions of the City of Meridian
Comprehensive Plan are applicable to this AZ-014 application.,,
• This Section 4.1 shall be replaced with the following allowed uses:
"Construction and development of a residential subdivision with 47 single-
family residential building lots & 11 common lots on 18.84 acres in the R-4
zone pertinent to this AZ 06-014 application. "
3. That Owner and/or Developer agree to abide by all ordinances of the City of
Meridian and the Property shall be subject to de -annexation of the Owner and/or
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 1 OF 5
Developer, or their assigns, heirs, or successor shall not meet the conditions of
this addendum to the Development Agreement, and any new Ordinances of the
City of Meridian as herein provided.
4. This addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's
corporate authorities and their successors in office. This second addendum shall
be binding on the Owner and/or Developer of the Property, each subsequent
owner and any other person(s) 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 hereon
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 and/or Developer, to execute appropriate and recordable evidence of
termination of this addendum if City, in its sole and reasonable discretion, had
determined that Owner and/or Developer have fully performed their obligations
under this Addendum.
5. If any provision of this addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this addendum
and the invalidity thereof shall not affect any of the other provisions contained
herein.
6. This addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner and/or Developer and City relative to the subject
matter herein, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between Owner and/or Developer and
City, other than as are stated herein. Except as herein otherwise provided, no
subsequent alteration, amendment, change or addition to this second addendum
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.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein provided
for can be modified or amended within 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.
7. This addendum shall be effective as of the date herein above written.
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 2 OF 5
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and
Made it effective as hereinabove provided.
OWNER:
MARTIN ARTIS
C, "
DEVELOPER:
ATM DEVELOPMENT
BY: �----��,
CITY OF MERIDIAN
BY:
Mayor T de Weerd
Attest:
.y of
T '
FO '
8-9r4L
William G. Berg, Jr., Ci lerl
T
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 3 OF 5
STATE OF IDAHO, )
ss
County of Ada, )
On this ! S} day of k- , 2007, before me, the undersigned, a
Notary Public in and for said State, persona ly appeared Awr-cm N`Qi�,ee I known or identified to me to be the p w n e't—s of ATM Development,
acknowledged to me that he executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and year in this certificate first above written.
G �►
(SEA r*OTAR * ,7Ne
81•ic, O�f
OF
STATE OF IDAHO, )
ss
County of Ada,
6o4taryublic r Idaho
Residing at: 5-
My Commission Expires: C)
On this 1 g+ day of , 2007, before me, the undersigned, a
Notary Public in and for said State, personally appeared Martin Artis, known or identified to me
to be the above person, acknowledged to me that he 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.
L�..GG� E. N/FRO,,
O•'•, '
otary Public or Idaho
Residing at:
cA pVB LIC My Commission Expires: 6
OF 10
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 4 OF 5
STATE OF IDAHO )
: ss
County of Ada )
On this Pq day of U , 2007, before me, a Notary Public,
personally appeared Tammy de Weerd an illiam G. Berg, Jr., known 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.
Notary Public for Idaho
Residing at: n lrl "jp 1 1 !1-
Commission expires: to -1 11
ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 5 OF 5
THE LAND GROUP, twc.
February 10, 2006
Project No. 2700
E&I CEL "A 1"
Legal Description
Cabella Creek Subdivision
Annexation & Rezone Area
20.16 Acres
A tract of land for annexation and rezone purposes, being Lots 3, 4, 5 and 6, Block 1,
Kachina Estates (a recorded subdivision on file in Book 35 of Plats, at Pages 3016 and 3017,
records of Ada County, Idaho), and a portion of the Southeast One Quartet of Section 19,
Township 3 North, Range I East, Boise Meridian, Ada County, Idaho, described as follows:
Commencing at 5/8-inch steel pin monutnenting the Southeast Comer of said Section 19 on
the centerline of E. Victory Road, thence following the southerly line of said Section 19 and
said centerline, South 89*42'13" West a distance of 626.18 feet to the
POINT OF BEGINNING;
Thence following the southerly line of said Section 19 and said centerline,
South 89*42113" West a distance of 945.20 feet to a point on the'cente line of Mesa
Way,
Thence leaving said southerly line and said centerline, and following the centerline of
said Mesa Way, North 00017'47" West a distance of 604.58 feet to a point;
Thence 93.92 feet following the arc of a circular curve to the right, said curve having
a radius of 135.38 feet, a central angle of 39045101 ", a chord bearing of North
19034'43" East and a chord distance of 92.05 feet to a point;
Thence North 39*27'14" East a distance of261.17 feet to a point;
Thence 57.88 feet following the arc of a circular curve to the left, said curve having a
radius of 75.00 feet, a ceattal angle of 44*13'10", a chord bearing of
North 17°20'39" East and a chord distance of 56,46 feet to a point on the northerly
line of said Lot 6 extended westerly to said centerline;
Thence leaving said centerline and following the northerly line of said Lot 6
South 89°207" Fast a distance of 622.03 feet to a point monurnenting the
Northeast Comer of said Lot 6;
Thence leaving said northerly line and following the easterly line of said Lot 6,
South 00"20'54" East a distance of 305.73 feet to a 1/2-steel pin monumenting the
Southeast Comer of said Lot 6;
Thence leaving said easterly line and following the northerly line of said Lot 3,
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462 L. ShoreD4vo,- Sm 100, Eagle. IdAho 83616 • Y 20:3.939.4041 l; 208.939.44 45 • %X-w .tbLrindgroupinc.com
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Pebmary 10, 2006
Page 2 of 2
North 89°38'37" East a distance of 106.46 feet to a 1/2-steel pin monumeating the
Northeast Cornet of said Lot 3;
Thence leaving said northerly line and following the easterly line of said Lot 3,
South 00°23'17" East a distance of 690.42 feet to the POINT OF BEGINNING.
The above -described tract of land contains 20.16 Acres, more or less, subject to all existing
easements and rights -of -way.
Attached hereto is Exhfit "A-2" and by this reference is trade a part hereof
Prepared Br.
THE LAND GROUP, INC.
462 E. Shore Drive, Suite 100
Eagle, Idaho 83616
208-939-4041
208-939-4445 (FAQBY
FED 17 2006
: ,eAVAN PUBUC
'Or-RKS OEP7.
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462 E. Show. 1)iirt Ste, 1rA 11:ielc. Idaho `93616 • P 203.939.4041 r 208.939.444.5 • ��,m� Lhalandgroupkc.com
ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 41
BOISE 08131106 02;23 PM
DEPUTY VickAllen
RECORDED -REQUEST OF
City of Meridian 106141057
DEVELOPMENT AGREEMENT
PARTIES: I . City of Meridian
2. Martin Artis, Owner
3. ATM Development, Developer
THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and
entered into this /yet` day of-�f. , 2006, by and between City of Meridian, a
municipal corporation of the State of Idaho, hereafter called "CITY", ATM Development,
whose address is 660 E. Franklin Road, Meridian, Idaho 83642, hereinafter called
"DEVELOPER", and Martin Artis, whose address is 9292 W. Pandion Court, Boise, Idaho
83714, hereinafter called "OWNER",
I • 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, hereinafter referred
to as the "Property"; and
1.2 WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by
ordinance, require or permit as a condition of re -zoning that the
"Developer" and/or "Owner" 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 the Meridian Unified Development Code, which
authorizes development agreements upon the annexation and/or re-
zoning of land; and
1.4 WHEREAS, "Developer" has submitted an application for annexation
and Zoning of the "Property's" described in Exhibit A, and has
requested a designation of (R-4) Low Density Residential District,
(Municipal Code of the City of Meridian); and
1.5 WHEREAS, "Developer" and/or "Owner" 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 (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE l OF 12
1.6 WHEREAS, 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 6 h day of June, 2006, has approved
certain Findings of Fact and Conclusions of Law and Decision and
Order, set forth in Exhibit B, which are attached hereto and by this
reference incorporated herein as if set forth in full, hereinafter referred
to as (the "Findings"); and
1.8 WHEREAS, the Findings require the "Developer" and/or "Owner" to
enter into a development agreement before the City Council takes final
action on annexation and zoning designation; and
1.9 "DEVELOPER" and/or "OWNER" 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 "Developer" and/or "Owner" 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 development
agreement, herein being established as a result ofevidence 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 adopted August 6, 2002, Resolution No. 02-382, and the
Zoning and Development Ordinances codified in Meridian City Code
Title 11 and Title 12.
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.
DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 2 OF 12
3. DEFINITTONS: 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 Idaho Avenue,
Meridian, Idaho 83642.
3.2 "DEVELOPER": means and refers to .ATM Development, whose
address is 660 E. Franklin Road, Meridian, Idaho 83642, the party
developing said "Property' and shall include any subsequent
developer(s) of the "Property".
3.3 "OWNER": means and refers to Martin Artis, whose address is 9292
Vd, Pandion Court, Boise, Idaho 83714, the party that owns said
"Property" and shall include any subsequent owner(s) of the "Property".
3.4 "PROPERTY": means and refers to that certain parcel(s) of
"Property" located in the County ofAda, City of Meridian as described
in Exhibit A describing the parcels to be annexed and zoned R-4 (Low
Density Residential District) attached hereto and by this reference
incorporated herein as if set forth at length.
4. USES PERMITTED BY THIS AGREEMENT:
4.1 The uses allowed pursuant to this Agreement are only those uses
allowed under "City's" Zoning Ordinance codified at Meridian City
Code Section 1 I which are herein specified as follows:
Construction and development of a Certificate ofZoning Compliance
shall be submitted to the City of Meridian prior to a future
development in then-4 zone, and theperdnent provisions ofthe City
of Meridian Comprehensive Plan are applicable to this AZ 06-014
application.
4.2 No change in the uses specified in this Agreement shall be allowed
without modification of this Agreement.
DEVELOPMENT AGREEMENT (AZ 06-01.4) CABELLA CREEK SUBDIVISION
PAGE 3 OF 12
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with
the following special conditions:
5.1.1 That all future uses shall not involve uses, activities, processes,
materials, equipment and conditions of operation that will be
detrimental to any persons, property or the general welfare by reason of
excessive production of traffic, noise, smoke, fumes, glare or odors.
5.1.2 That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
the development.
5.1.3 That the applicant be responsible for all costs associated with the sewer
and water service extension.
5.1.4 That any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City
of Meridian. Wells may be used for non -domestic purposes such as
landscape irrigation.
5.1.5 That the following shall be the only allowed uses on this property:
single-family detached homes and allowed accessory use of the R-4
zone.
5.1.6 That prior to issuance of any building permit, the subject property shall
be subdivided in accordance with the City of Meridian Unified
Development Code.
5.1.7 That the applicant will construct a minimum 10-foot wide multi -use
pathway from Victory Road to Mesa Way, along the south side of the
Ten Mile Creek.
5.1.8 That a street buffer, constructed in accordance with City Code, be
installed along Victory Road prior to occupancy of any new dwelling
units.
5.1.9 That one public street access, and no driveways, will be allowed to
Victory Road. Existing driveway(s) to Victory maybe utilized until the
DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 4 OF 12
internal streets within the plat are constructed and approved by the
Transportation Authority (ACHD). At such time, direct lot access to
Victory Road shall be prohibited.
5.1.10 To mitigate the potential of light from cars exiting this site from
entering through the windows of the neighbor's house .across Mesa
Way (Binford property), the applicant has volunteered to, at the
developer's expense, provide off -site improvements adjacent to the
Binford property to mitigate light intrusion from car headlights. Said
improvements may include widening the "U" of the Binford's
driveway, as allowed by the Binford's.
5.1.11 That the applicant agrees to install temporary construction fencing
around the perimeter of the subdivision.
5.1.12 That the preferred construction traffic route to/from this development
shall be from Victory Road and not Mesa Way.
6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and
the commitments contained herein shall be terminated, and the zoning designation reversed,
upon a default of the "Developer" and/or "Owner" or "Developers" and/or "Owners" heirs,
successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of
Subject Property" of this agreement within two years of the date this Agreement is effective,
and after the "City" has complied with the notice and hearing procedures as outlined in Idaho
Code § 67-6509, or any subsequent amendments or recodifications thereof.
7. CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
"Developer" and/or "Owner" consents upon default to the reversal of the
zoning designation of the "Property" subject to and conditioned upon the following conditions
precedent to -wit:
7.1 That the "City" provide written notice of any failure to comply with this
Agreement to "Developer" and/or "Owner and if the "Developer"
and/or "Owner" fails to cure such failure within six (6) months of such
notice.
8. INSPECTION: "Developer" and/or "Owner" 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 ofsuch completed improvements or portion
DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 5 OF 12
thereof in accordance with the terms and conditions ofthis Development Agreement and all
other ordinances of the "City" that apply to said Development.
9, DEFAULT:
9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or
"Owner'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 modified or terminated by the "City" upon compliance with
the requirements of the Zoning Ordinance.
9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of
any one or more of the covenants or conditions hereof shall apply
solely to the breach and breaches waived and shall not bar any other
rights or remedies of"City" or apply to any subsequent breach of any
such or other covenants and conditions.
10. REQUIREMENT FOR RECORDATION: "City" shall record either a
memorandum of this Agreement or this Agreement, including all of the Exhibits, at
"Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer"
and/or "Owner", 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.
11. ZONING: "City" shall, following recordation of the duly approved
Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein.
12 • REMEDIES: This Agreement shall, be enforceable in any court of competent
jurisdiction by either "City" or "Developer" and/or "Owner", 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.
12.1 In the event of a material breach of this Agreement, the parties agree
that "City" and "Developer" and/or "Owner" shall have thirty (30)
days after delivery of notice of said breach to correct the same prior to
DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDMSION
PAGE 6 OF 12
the non -breaching parry's seeking of any remedy provided forherein;
provided, however, that in the case of any such default which cannot
with diligence be cured within such thirty (30) day period, if the
defaulting party shall commence to cure the same within such thirty
(30) day period and thereafter shall prosecute the curing of same with
diligence and continuity, 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.
12.2 In the event the performance of any covenant to be performed
hereunder by either "Developer" and/or "Owner" or "City" is delayed
for causes which 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.
13. 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 § 12-5-3, to insure that installation ofthe improvements,
which the "Developer" and/or "Owner" agree to provide, if required by the "City".
14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner"
agree that no Certificates of Occupancy will be issued until all improvements are completed;
unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement
stating when the improvements will be completed in a phased developed; and in any event,
no Certificates of Occupancy shall be issued in any phase in which the improvements have
not been installed, completed, and accepted by the "City".
15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or
"Owner" 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.
16 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 (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 7 OF 12
CITY:
c/o City Engineer
City of Meridian
33 E. Idaho Ave.
Meridian, ID 83642
CaYWAA
Martin Ards
9292 W. Pandion Court
Boise, ID 83714
with copy to:
City Clerk
City of Meridian
33 E. Idaho Avenue
Meridian, ID 83642
DEVELOPER:
ATM Development
660 E. Franklin Road
Meridian, ID 83642
16.1 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.
17. 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.
18. 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.
19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon
and inure to the benefit of the parties' respective heirs, successors, assigns and personal
DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 9 OF 12
representatives, including "City's" corporate authorities and their successors in office. This
Agreement shall be binding on the "Developer" and/or "Owner" 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 "Developer" and/or "Owner", to execute
appropriate and recordable evidence of termination of this Agreement if "City", in its _sole
and reasonable discretion, had determined that "Developer" and/or "Owner" has fully
performed its obligations under this Agreement.
20. INVALID PROVISION: If any provision of this Agreement is held not
valid by a court of competent jurisdiction, such provision shall be deemedto be excised from
this Agreement and the invalidity thereof shall not affect any of the other provisions
contained herein.
21. FINAL AGREEMENT: This Agreement sets forth all promises,
inducements, agreements, condition and understandings between "Developer" and/or
"Owner" 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
"Developer" and/or "Owner" 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".
21.1 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.
22. 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 (AZ 0"14) CABELLA CREEK SUBDIVISION
PAGE 9 OF 12
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
DEVELOPER
ATM Development, LLC
By:
OWNER
Martin Artis
CITY OF MERIDIAN
�f
BY:
MAYOR TArYY de WEERD
Attest: ,��(
Of
CITY CLERK _ � 1'LlL _
DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 10 OF 12
STATE OF IDAHO,
ss
County of Ada, )
On this day of 2006, before me, the undersigned, a
Notary Public in and for said State, personally appeared
7 _ fm C-2-_ - , known or identified to me to be the
of ATM Development, LLC, acknowledged to me
that they executed the same on behalf of said corporation.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the day and yeA�fijiis certificate first above written.
(SEAL) OTAR}
- aVHL1G
�'•' OP t9A.•``
'the{{{{
STATE OF IDAHO, )
: ss
County of Ada,
Notary Public (or ho
Residing at: C (%
My Commission Expires: :;,
On this day of 2006, before me, the
undersigned, a Notary Public in and for said State, pet appea Wally red Martin Artis, known
or identified to me and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
official seal the dayAodry in this certificate first above written.
% P►, ANd���O
O'T � Y s:
(SEAL) ' N ��• s
6 otary Public
pull O Residing at: _
s •.. ��'�� My Commission
Tq TE Og �9 •```
DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE I 1 OF 12
y
STATE OF MAHO )
ss
County of Ada )
Onthis ;Q nd day of ALAI fist - , 2006, before me, allotary
Public, personally appeared Tammy de Weerd odd William G. Berg, Jr., 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.
-� N ft 7>%NaC11-)
Miry Public for Idaho
Residing at: rt"Litil ut 1r-,
Commission expires: y10-11-1 1
DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION
PAGE 12 OF 12
Y/ P 24
Cal
C'
THE LAND GROUP, INC.
February 10, 2006
Project No. 2700
FAItcm- MAC
Legal Description
Cabella Creek Subdivision
Annexation & Rezone Area
20.16 Acres
A tract of land for annexation and rezone purposes, being hots 3, 4, 5 and 6, Block 1,
Kachina Estates (a recorded subdivision on file in Book 35 of Plats, at Pages 3016 and 3017,
records of Ada County, Idaho), and a portion of the Southeast One Quarter of Section 19,
Township 3 North, Range 1 East, Boise Mezidian, Ada County, Idaho, described as follows:
Commencing at 5/8-inch steel pin monumentiug the Southeast Comer of said Section 19 on
the centerline of E. Victory Road, thence following the southerly line of said Section 19 and
said centerline, South 89°42'13" West a distance of 626.18 feet to the
POINT OF BEGIlVNING;
Thence following the southerly line of said Section 19 and said centerline,
South 89°42'13" West it distance of 945.20 feet to a point on the'centedine of Mesa
Way;
Thence leaving said southerly line and said centerline, and following the centerline of
said Mesa Way, North 00017'47" West a distance of 664.58 feet to a point;
Thence 93.92 feet following the arc of a circular curve to the tight, said curve having
a radius of 13538 feet, a central angle of 39°45'01 ", a chord bearing of. North
19034'43" Past and a chord distance of 92.05 feet to a point;
Thence North 39°27'14" East a distance of 261.17 feet to a point;
Thence 57.88 feet following the arc of a circular curve to the left, said curve having a
radius of 75.00 feet; a central angle of 44°13'10", a chord bearing of
North 17°20'39" East and a chord distance of 56.46 feet to a point on the northerly
line of said Lot 6 extended westerly to said centerline;
Whence leaving said centerline and following the northerly he of said Lot 6
South 89°207" East a distance of 622.03 feet to a point monumentiag the
Northeast Comer of said Lot 6;
Thence leaving said northerly line and following the easterly line of said Lot 6,
South 00°20'54" East a distance of 305.73 feet to a 1/2-steel pin monumenting the
Southeast Comer of said Lot 6;
Thence leaving said easterly line and following the northerly line of said Lot 3,
Srtr PLnrrurg G
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462 L. Shore'lltive, Ste. 100, Eugle. Eda to 43616 . 13 108.939.4441 Y 208-939.4445 • wwx .thrLndgroupinc.cotu
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February 10, 2006
Page 2 of 2
North 89°38'37" East a distance of 106.46 feet to a 1/2-steel pin moautmenting the
Northeast Corner of said Lot 3;
Thence leaving said northerly Dine and following the easterly line of said Lot 3,
South 00023'17" East a distance of 690.42 feet to the POINT OF BEGINNING.
The above -described tract of land contains 20.16 Acres, mote or less, subject to all existing
easements and tights -of -way.
Attached hereto is Exhibit "A-2" and by this reference is made a part hereof
Prepared By:
THE LAND GROUP, INC.
462 E. Shore Drive, Suite 100
Eagle, Idaho 83616
208-939-4041
208-939-4445 (FAQ �
FEs 17 2006
:..r.AtOIAN PUI3UC
wCAK3 OEPT.
1<
.file PkAminx • 1 <ia 4'rr�tit : I,rhilr.l tK • C�i':I F?u�(%d'!�'/l� ♦ C«o1,t 0; m rrri,-Ylrop & Fij*aerriaG • Grx�/J' CJrn rpJttau •.S,l
-V)2 E. Shoe. Drive; Ste. 1W, f_:,,lc, ldiho'0616 • P 20.939.4041 F 208.939.4445 • tt�.,t.il,e1 utdgrouputt.eon,
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LAW AND
DECISION & ORDER
RECEIVED
JUN Q 12006
Ci f 'dian
,, Offce
l IDAHO
h�
In the Matter of Annexation and Zoning of 20.16 acres from RUT (Ada County) to R4
(Medium Low -Density Residential) AND Preliminary Plat approval of 47 single-family
residential building lots and 11 common lots on 18.84 acres, for Cabella Creek Subdivision,
by ATM Development, LLC.
Case No(s).: AZ-06-014 and PP-06-012
For the City Council Hearing Date of: May 23, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of May 23, 2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 23,
2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of May 23, 2006 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 August 6, 2002,
Resolution No. 02-382 and Maps.
The conditions shall be reviewable by the City Council pursuant to Meridian City Code §
11-5A.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-014 / PP-06-012 - PAGE l of 4
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 Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of May 23,
2006 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:
I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
stamped January 24, 2006 by The Land Group, Inc. is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. Requiring a Development Agreement in which the applicant agrees:
1. Temporary construction fencing will be installed around the
perimeter of the subdivision;
2. That the preferred construction traffic entrance to the
development shall be Victory Road and not Mesa Way; and,
3. To provide off -site improvements adjacent to the Binford
property to mitigate light Intrusion from car headlights.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of May 23, 2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
l . 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 record a final plat
Within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIoNs OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-014 / PP-06.012 - PAGE 2 of4
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 eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approval. Upon written request
and filed by the applicant prior to the tenriination of the period in accord with 11-613-
TA, the Director may authorize a single extension of time to record the final plat not to
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months 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..
E. Notice of Final Action and Right to Regulatory Takings Analysis
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit 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, 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. Attached: Staff Report for the hearing date of May 23, 2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-014 / PP-06-012 - PAGE 3 of
By action of the City Council at its regular meeting held on the day of
� v
2006.
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED iOL-*--
VOTED
VOTED_g �
VOTED
VOTED
e�
MtA` , de WEERD
ATTEST:
Fo
ILLIAM G. BERG, JR., Cl CBy,Ir is
cbUR
Copy served upon: ✓ APplicant1i1" 1111i tilt%
Planning Department
Public Works Department
City Attorney
By. Dated:_ LD- $ • OU
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-06-014 / PP-06-012 - PAGE 4 of
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
STAFF REPORT Hearing Date: 5/23/2006 .+
TO:
Mayor &City Council
FROM: C. Caleb Hood arid,
Current Planning Manager
Meridian Planning Department
208-884-5533 c•.�.�. ,,,: ..u•
I t►a1
SUBJECT: Cabella Creek Subdivision
AZ-06-014 I
Annexation and Zoning of 20.16 acres from RUT (Ada County) to
R-4 (Medium Low -Density Residential).
PP-06-012
Preliminary Plat approval of 47 single-family residential building lots and 1 I
common lots on 18.84 acres in a proposed R4 zone.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, ATM Development, LLC, has applied for Annexation and Zoning (AZ) to R-4
(Medium Low -Density Residential) for 20.16 acres of property currently zoned RUT in Ada
County. The site is located on the north side of Victory Road and on the east side of Mesa Way,
approximately 600 feet west of Locust Grove Road. Currently, there are three single-family
homes and associated outbuildings on this site. Two of the existing homes are to remain, the third
will be removed. The site has been previously platted as is commonly known as Lots 3, 4, 5 and
6, Block 1, Kachina Estates Subdivision. The subject property is within the Urban Service
Planning Area.
2. SUMMARY RECOMMENDATION
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent
review. Below, staff has provided a detailed analysis and recommended conditions of approval
for the requested Annexation and Zoning and Preliminary Plat applications. Staff is
recommending approval of the proposed Cabe] la -Qgek §ubdi)dsion (AZ ors 014 an4_U 06-012)
with the conditions listed m Exhibit B of the Staff Report The Meridian. Planning and Zoning
Commission heard the item on April 6, 2006. At the public hearing they moved to recommend
approval, NOTE: At the public hearing on Anril 6' fho annlmanr an.....r..a
v. - waa
development was being set aside for common open space (this calculation included the
)ponds that may be used to store storm drain water) Between the Commission hearing and
the Council head the applicant- has submitted rWjed Qpen space calculations for this
calculation exceeds the required 5% open space of the UDC for a development of this size
Staff has amended Condition 1.1.2 in Exhibit B to reflect the revised open sace
reouirement for this development
a. Summary of Public Hearing:
i. In favor: Eric Cronin (Applicant's Representative), Aaron McGee (Applicant)
ii. In opposition: Aneke Binford, Matt Binford
iii. Commenting: None
Cabello Creek Subdivision AZ-06.014/PP-06-012 PAGE I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
iv. Staff presenting application: C. Caleb Hood
v. Other staff commenting on application: Mike Cole, Bill Nary
b. Key Issues of Discussion by Commission:
i. The location of Novara Way and the impact to the existing home — headlights in
their windows and mitigating that impact; and,
ii. The design and function of the storm drain/amenity ponds.
C. Key Commission Changes to Staff Recommendation:
i. Amended the Development Agreement proposed for this site by adding a
provision stating that the applicant has volunteered to assist the neighbor across
Mesa Way from the first entry road (Novara Way) to this development by
widening the "U' of their driveway and providing some berming and landscaping
in between the enlarged driveway area. See Section 10 below.
d. Outstanding Issue(s) for City Council:
i. None.
3. PROPOSED MOTION (to be considered after the public bearing)
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
06-014 and PP-06-012 as presented in staff report for the hearing date of May 23, 2006 with the
following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
06-014 and PP-06-012 as presented in the staff report for the hearing date of May 23, 2006 for
the following reasons: (You should state specific reasons for denial of the annexation and you
must state specific reason(s) for the denial of the plat.)
Continuance
I move to continue File Numbers AZ-06-014
continued hearing date here) for the following
for continuance.)
and PP-06-012 to the hearing date of (insert
reason(s): (You should state specific reason(s)
4. APPLICATION AND PROPERTY FACTS
a. Site Address/Location: 2955 S. Mesa Way, 3086 S. Mesa Way,1252 E. Victory Road;
north side of Victory Road, approximately 600 feet west of Locust Grove Road / 3N1El9
b. Owner -
Martin Artis
9292 W, Pandion Court
Boise, Idaho 83714
c. Applicant:
ATM Development, LLC
660 E. Franklin Road
Meridian, Idaho 83642
d. Representative: Eric Cronin, The Land Group, Inc.
e. Present Zoning: RUT (Ada County)
f. Present Comprehensive Plan Designation: Low Density Residential with a Multi -Use
Cabella Creek Subdivision AZ-06-0I4/PP-06-012 PAGE 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
Pathway
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
Annexation and Zoning of the subject 20.16 acres to R4 and Preliminary Plat approval of 47
single-family buildable lots and I 1 common lots. All of the homes within the development are
proposed to be single-family detached. All of the proposed lots conform to the dimensional
standards of the R-4 zone. The average lot size in the proposed development is 10,341 square
feet. The gross density of the project is 2.49 dwelling units per acre. Approximately 22% (over
4 acres) of the site is being set aside for open space. The applicant is proposing to construct a
multi -use pathway on the south side of the Ten Mile Creek.
1. Date of preliminary plat (attached in Exhibit A): 1/24/06
2. Date of landscape plan (attached in Exhibit A): 03/1/06
h. Applicant's Statement/Justification: In an effort to address City Council, City Planning Staff
and the public testimony represented at council and neighborhood meetings, the preliminary
plat is presented to you. Please take notice that a 20-foot wide landscape buffer has been
incorporated into the layout along Mesa Way. Larger lots have been provided adjacent to
Mesa Way that mirror the lot size requirements found in an R-2 zoning designation. We feel
that these items, coupled with restrictions on direct lot access to Mesa Way will aid in the
transition from the existing 5-acre parcels within the existing Kachina Estates Subdivision
(please see Applicant's Submittal Letter fro more information.)
5. PROCESS FACTS
a. The subject application will in fact constitute an annexation as determined by City Ordinance.
By reason of the provisions of the Meridian City Code Title I 1 Chapter 5, a public hearing is
required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public
hearing is required before the City Council on this matter.
c. Newspaper notifications published on: March 20"' and April 3'a, 2006 (for Planning &
Zoning Commission hearing) and April 24°t and May 80, 2006 (for City Council hearing)
d. Radius notices mailed to properties within 300 feet on: March 15'h, 2006 (for Planning
& Zoning Commission hearing) and April 21", 2006 (for City Council hearing)
e. Applicant posted notice on site by: March 27w, 2006 (for Planning
& Zoning Commission hearing) and May 6i°, 2006 (for City Council hearing)
6. LAND USE
B. Existing Land Use(s): There are three single-family home and some associated outbuildings
on this site. Two of the existing homes are to remain, while the northern -most home will be
removed from the site.
b. Description of Character of Surrounding Area: This area contains four five -acre lots in
Kachina Estates Subdivision. These are the first of the lots in Kachina Estates to re -develop in
the City. There are existing R-4 and R-8 subdivisions to the north and south. This area is
rapidly transitioning from rural to urban.
c. Adjacent Land Use and Zoning:
1. North: Single-family lots within Salmon Rapids Subdivision, zoned R-4
Cabeiln Creek Subdivision AZ-06-014/PP-06-012 PAGE 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
2. East: 5-acre single-family lots within Kachina Estates Subdivision, zoned RUT
(Ada County)
3. South: Single-family lots within Tuscany Village Subdivision, zoned R-8; and
Grange Hall, zoned Rl (Ada County)
4. West: 5-acre single-family lots within Kachina Estates Subdivision, zoned RUT
(Ada County)
d. History of Previous Actions: Three of the five subject parcels were part of an annexation
request in 2005 (MeGee Annexation, AZ-05-048). That application was denied by the City
Council, primarily because the request for annexation did not have a concurrent development
application (plat), there was concern about transitional densities and the proposed zoning, and
it was not in the best interest of the City at that time.
e. Existing Constraints and Opportunities:
1. Public Works:
Location of sewer: There is currently sewer in E. Victory Road at the Ascaino
Way entrance.
Location of water: Water is readily available in E. Victory Road.
Issues or concerns: A portion of this site is in a floodplain zone AE.
Applicant has submitted a letter from MTI stating that they expect groundwater
levels to be within 1 to 3 feet from the surface.
The need for an off-peak pumping station for sewerability.
2. Vegetation: There are several existing trees on this property that need to be protected
during construction, or be mitigated for.
3. Flood plain: The Ten Mile Creek floodway bisects the subject site. A portion of this
site is within the FEMA 100-year floodplain Zone AE. A majority of this site is in the
Zone X.
4. Canals/Ditches Irrigation: As noted above the Ten Mile Creek bisects this property.
The Ten Mile Creek should remain open and protected through this site. Any open
irrigation ditches, laterals and canals, exclusive of the Ten Mile Creek (a natural
waterway) should be tiled when this property develops.
5. Hazards: Except for a portion of the site being within the Ten Mile Creek floodway
and floodplain, no hazards have been identified on this site.
6. Proposed Zoning: R-4 (Medium Low -Density Residential)
7. Size of Property: 20.16 acres
f. Subdivision Plat Information:
1. Residential Lots: 47
2. Non-residential Lots: 0
3. Total Building Lots: 47
4. Common Lots: 11
5. Other Lots: 0
6. Total Lots. 58
Cabella Creek Subdivision AZ-06-014/PP-06-012
PAGE
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
7. Gross Density: 2.49 units per acre (net density is 3.07 d.u./acre)
g. Landscaping
Width of street buffer(s): Per UDC (Table 11-2A-4) a 20-foot wide landscape
buffer is required adjacent to collector streets. Victory Road is a classified collector
roadway. Street buffers are not required on any of the internal, local streets.
2. Width of buffer(s) between land uses: N/A
3. Percentage of site as open space: 4.17 acres/22%
4. Other landscaping standards: Landscaping adjacent to multiuse pathways should
generally comply with UDC 11-313-12. Common open space lots should include at
least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2). See Section
10, Analysis below.
h. Amenities: Four acres of open space, parkway strips between the sidewalks and curbs, multi-
use pathway, and amenity ponds.
i. Olf Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2
enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage.
j. Proposed and Required Residential Standards:
Setbacks (in feet) Proposed Required
Front Living Area (to sidewalk) 15
15
Side Accessed Garage (to sidewalk) 15
15
Front Accessed Garage (to sidewalk) 20
20
Side 5
5
Rear 15
15
Frontage 60
60
Lot Size 8,000
8,000
k. Proposed and Required Non -Residential: N/A
Summary of Proposed Streets and/or Access: The existing home to remain on Victory
Road currently takes access to Victory. The applicant is proposing to remove this existing
access and provide access to all of the dwellings within this development via the existing Mesa
Way and the new proposed internal streets. A new public street access with Victory Road is
proposed in alignment with Ascaino Avenue on the south side of Victory Road. Two new
public street connections to Mesa Way, an existing local street, are also proposed. All of the
internal streets are local streets with 33-feet wide street sections (measured back of curb to
back of curb) and contain sidewalks that are detached from the back of the curb. Staff is
generally supportive of the proposed street system. For a detailed report on all of ACHD's
conditions, please see the ACHD report and Exhibit B.
7. COIN MENTS MEETING
On March 17, 2006, a joint agency and departments meeting was held with service providers in
this area. The agencies and departments present include: Meridian Fire Department, Meridian
Cabella Creek Subdivision AZ-06-014/PP-06.012 PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
Parks Department, Meridian Public Works Department, Meridian Police Department, and,the
Sanitary Services Company. Staff has included comments, conditions and recommended actions
in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Low Density Residential" on the Comprehensive Plan Future Land
Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre
(see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 47 single-
family lots on 18.84 acres for a gross density of 2.49 dwelling units/acre. Staff finds that the
overall density is within the range of a low density project.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands proposed
to be annexed in the following manner:
• Sanitary sewer and water service will be extended to the project at the developer's
expense.
• The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District.
Once annexed the lands will be under the jurisdiction of the Meridian City Fire
Department, who currently shares resource and personnel with the Meridian Rtrral Fire
Department.
• The subject lands currently lie within the jurisdiction of the Ada County Seeies Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
• The subject lands are currently serviced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer no revenue loss as a
result of the subject annexation.
Municipal, fee -supported, services will be provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
Chapter Vl, Goal B, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian
Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all
land -use decisions.
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
Staff believes that the subject applications comply with the policies listed in the literature noted
above.
Cabello Creek Subdivision AZ-06-014/P.P-06-012 PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at
regular intervals to enhance connectivity and better traffic flow.
The submitted preliminaryplat proposes to extend the one stub street currently provided to this
property from the north, In addition, two stub streets are being proposed to the eastern 5-acre
Parcels that staff anticipates will re -develop in the near future. Staff believes that the applicant
has done a nice job of connecting and extending the existing stub street as well as providingfor
fitture connectivity to the east.
Chapter VI, Goal H, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
See analysis above
Chapter V1I, Goal I, Objective D, Action 9 - Require new residential development to provide
permanent perimeter fencing to contain construction debris on site and prevent windblown debris
from entering adjacent agricultural and other properties.
The applicant is proposing to construct a 6-foot tall closed fence along victory Road and
portions of the west and east property lines. Prior to house construction, fencing should be
constructed around the perimeter of this site. See Analysis below and .Exhibit B for more
information.
Chapter Vl, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new
development to link subdivisions together to promote neighborhood connectivity as part of a
community pathway system.
The applicant is proposing to construct detached sidewalks adjacent to all of the proposed
streets, which connect to adjacent properties and Mesa Way. The applicant is also proposing to
construct a 10-foot wide multi -use pathway on the south side of the Ten Mile Creek. This
pathway will connect with adjacent pedestrian connections to the northwest and to the existing
pathway in Tuscany to the south. Staff is supportive of theproposedpedestrian connections.
Chapter VI1, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development
to link subdivisions together and promote neighborhood connectivity.
See above
Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors
and arterial streets.
The existing access to Victory Road, a collector street, should be removed. The new public street
connection to Victory Road, has been reviewed and approved by ACM. City Sty" is also
supportive of the location of Ascaino Way; no additional access points to Victory Road should be
allowed.
Chapter V1I, Goal IV, Objective C, Action 1 - Protect existing residential properties from
incompatible land use development on adjacent parcels.
Cabella Creek Subdivision AZ-06-014/pp-06-012
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
The applicant is proposing a residential zone. Staff finds that the existing single-family
residential properties to the north, south, east and west are compatible with the proposed
development.
Chapter V11, Goal I, Objective D, Action 8 - 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.
Staff recognizes that there are some existing low density residential land uses to the east and
west. Stafffinds that the proposed lot sizes provide a good transition between the larger lots to
the east and west and the proposed lots within this development. Staffrecommends that the
Commission and Council rely on any written or verbal testimony provided from neighbors when
determining the most appropriate zoning designation far this property.
Chapter VE, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-,
medium-, 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.
The subject application Includes a request for the R-4 zone. Salmon Rapids obtained an R-4 zone
and Tuscany Village obtained an R-8 zone. Staff finds that the requested zoning designation
contributes to the variety of residential zoning categories in this area and is generally consistent
with the Comprehensive Plan designation for this site.
Staff' believes that the proposed density (2.49 el.u.'a/acre) and zoning (R-4) for this property is
appropriate. Staifrecommends that the Commission and Council rely on any verbal or written testimony
that may be provided at the public hearing when determining if the applicant's zoning and development
request is appropriate for this property,
9. UWIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached
homes as permitted uses in the R-4 zoning district.
b. Purpose Statement of Zone:
R4 Medium -Density. Residential: The purpose of the residential districts is to provide for
a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
c. General Standards: All of the proposed lots comply with the standard lot size and street
frontage requirements of the R4 zone established in the UDC. No dimensional modifications
are being requested for the proposed development.
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
Cabella Creek Subdivision AZ'r06.014/PP-06.012 PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
AZ Application: Based on the policies and goals contained in the Comprehensive
Plan, staff believes that the requested R-4 zone is appropriate for this property. Please
see Exhibit D for detailed analysis of the required facts and findings for annexation.
The annexation legal description submitted with the application (stamped on February
15, 2006 by Hugh W. Edwards, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
Special Considerations:
Development ereement• UDC 11-5B-3.D.2 and Idaho Code § 65-6711A
provides the City the authority to require a property owner to enter into a
Development Agreement (DA) with the City that may require some written
commitment for all future uses. Staff believes that a DA is necessary to en=
that this property is developed in a fashion that is consistent .with the
comprehensive plan designation and does not negatively impact nearby
properties. --
Prior to the annexation ordinance approval, a Development Agreement (DA)
shall be entered into between the City of Meridian, property owner (at the time of
annexation ordinance adoption), and the developer. The applicant shall contact
the City Attorney Bill Nary, at 888-4433 to initiate this process. The DA shall
incorporate the following:
• That all future uses shall not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
• That all future development of the subject property shall be constructed
in accordance with City of Meridian ordinances in effect at the time of
development.
• That the applicant will be responsible for all costs associated with the
sewer and water service extension.
• That any existing domestic wells and/or septic systems within this
Project will have to be removed from their domestic service, per City
Ordinance Section 5-7-517, when services are available from the City of
Meridian. Wells may be used for non -domestic purposes such as
landscape irrigation.
• That the following shall be the only allowed uses on this property:
single-family detached homes and allowed accessory uses of the R-4
zone.
• That a maximum of 47 single-family building lots will be platted on this
property.
• That prior to issuance of any building permit, the subject property be
subdivided in accordance with the City of Meridian Unified
Development Code.
• That the applicant will construct a minimum 10-foot wide multi -use
pathway from Victory Road to Mesa Way, along the south side of the
Ten Mile Creek.
That a street buffer, constructed in accordance with City Code, be
installed along Victory Road prior to occupancy of any new dwelling
units.
Cabelle Creek Subdivision AL-06.014/PP-06-012
PAGE 9
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
That one public street access, and no driveways, will be allowed to
Victory Road. Existing driveway(s) to Victory Road may be utilized
until the internal streets within the plat are constructed and approved by
the Transportation Authority (ACM). At such time, direct lot access to
Victory Road shall be prohibited.
To mitigate the potential of li ht from cars exittn¢ this site from
entering through K,o ...;...r.... _r .L. -
u
ME=Ar"-L at the developer's expense provide off site
>tm rovead acent to th Binford DrORe-rtV to mitizate li ht
intrusion from car be dli hts. Said im rovements may include
widealing the "LJ" of their Minford's) driveway and providing
bermioQ and IandscaAinQ on the Binford's property, as allowed by
the Binford's.
0 That the applicant agrees to install temporary construction fencing
a wad the perimeter of the subdivision.
That the referred cons coontraffic- route to/from this
development shall be from Victory Road and not Mesa Way.
2. PP Application: The proposed preliminary plat substantially complies with the
Unified Development Code.
Special Considerations;
Right -of --way and Street Buffers• AC%1A is requiring the applicant to dedicate 35-feet
of right-of-way (measured from the centerline of the street) abutting Victory Road. In
accordance with UDC Table 11-2A-4 and UDC 11-313-7 construct a 20-foot wide
landscape buffer along Victory Road, as proposed.
P thwa s: The applicant is proposing to construct a 10-foot wide asphalt pathway
along the south side of the Ten Mile Creek This pathway will tie in with the pathway
to the south in and through the Tuscany Development.
UDC I1.313-12C requires a 5-foot wide landscape strip adjacent to multi -use
pathways with at least 1 deciduous tree being planted every 35 linear feet (trees may
be grouped).
Sidewalks and Parkwa s., The applicant is Proposing
rosin to construct detached sidewalks
with 6-foot wide parkway strips between the curb and sidewalk UDC 11-3A-17
requires parkways to be at least 8-feet wide and planted with Class II trees. However,
the planter width may be reduced to 6' if there are root barriers installed on the trees.
The a licant s out h ns -f0 wi a arkwa s or 6- 001 wide ar
with_ root barriers around all tre within th parkway
L!QdLc_aR_ia_& The landscape plan prepared by The Land Group, Inc,, on 3-1-06,
labeled Sheet L1.0, L1.I and L1.2 is approved with the following tnodifications/notes:
Cabella Creek Subdivision A706-014/PP-06-012
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 200E
• Construct a 20-foot wide street buffer along Victory Road, exclusive of
ACHD right-of-way. Said buffer should be constructed in accordance with
UDC 11-3B-7.
• Per UDC 11-3A-17E, construct 8-foot wide parkways, OR 6-foot wide
parkways (as proposed currently) with root barriers around all trees within the
parkway.
• Per UDC 11-3G-3A, set aside 22% (4 acres) of the site for useable open space
and provide a 10-foot wide multi -use asphalt pathway within common Lot 1,
Block 2, and common Lot 4, Block 3, as proposed.
• Maintain at least a 5-foot wide landscape strip on both sides of the proposed
multi -use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees
at a rate of 1 tree per ever 35 linear feet.
• Per UDC U-3G-3E1, at least one deciduous shade tree per every 8,000 square
feet of common open space should be planted, and common areas should be
improved with lawn, either seed or sod.
• Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
• A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the final plat application(s).
Access: Access to this site is currently provided from Victory Road and Mesa Way.
Except for the proposed public street, Aseaino Way, direct lot access to Victory Road
should be prohibited; place a note on the final plat.
Existing Residence s/Buildin s- The site currently contains multiple buildings.
Because the existing structure on the north part of the development spans across
proposed lot lines, this building shall be removed or relocated, prior to signature of the
final plat by the City Engineer.
Fencing: The applicant's proposing to construct 6-foot solid fencing along portions of
the south, east and west property lines. A detailed fencing plan should be submitted
Upon application of the final plat. If permanent fencing is not provided before issuance
of a building permit, temporary construction fencing to contain debris must be
installed around the perimeter. Perimeter, common open space, and micro -path /multi-
use fencing shall be designed according to UDC 11-3A-7.
Common r A-• Maintenance of all common areas shall be the responsibility of the
Cabella Creek Home Owners' Association.
Ditches. Laterals and Canals Per UDC 11-3A-6 all irrigation ditches, laterals or
canals, exclusive of natural waterways, including the Ten Mile Creek and waterways
being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered.
Pressure Irri atiorr The City of Meridian requires that pressurized irrigation systems
Cabella Creek Subdivision AZ-06-014/PP-06-012
PAGE 11
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
be supplied by a year-round source of water. 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 used, 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 UDC 11-3A-
15 and MCC 9-1-28.
b. Staff Recommendation: Staff Me= a
014 n P-06-012 with th conditions 1� pproval of the subject aDnlicatig„ns AZ 06
date of A ri16 2006. Exhibit B pf the Staff R the hearin
i 1..EXMBj''fS
A. Drawings
L Preliminary Plat (dated: 1-24-06)
2. Landscape Plan (dated: 3-1-06)
B. Conditions of Approval
L Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5, Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Unified Development Code
Cabella Creak Subdivision AZ-06-414JPP-06-012
PACE 12
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
A. Drawings
1. Preliminary Plat (dated: I-24-06)
Exhibit A — Page 1
f, POOR COPY
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE NEARING DATE OF MAY 23, 2006
Landscape Plan (dated 3-1-06)
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Exhibit A — Page 2
POOR COPY
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006
POOR COPY
Exhibit A — Page 3
CITY OF M�RJpIAN PLAT
ESE HEAR�G DATA OF Mfi,y 23, 2046
T POOS
coPY
Exhibit A - Page 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
B. Conditions of Approval
I. Planning Department
1.1 SITE SPECIFIC REQUTREMENTS—pRELIMINARY PLAT (PP-06-012)
1..1.1 The preliminary plat labeled as PLO, prepared by The Land Group, Inc., dated January 24, 2006
is approved, with the conditions listed herein. All comments and conditions of the accompanying
Annexation and Zoning (AZ-06-014) application shall also be considered conditions of the
Preliminary Plat (PP-06-012).
1.1.2 The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, L1.1 and
L1.2 is approved with the following modifications/notes;
• Construct a 20-foot wide street buffer along Victory Road, exclusive of ACHD right-of-way.
Said buffer shall be constructed in accordance with UDC I I-3B-7.
• Per UDC 11-3A-17E, construct 8-foot wide parkways, OR 6-foot wide parkways (as
proposed currently) with root barriers around all trees within the parkway strip.
• Per UDC 11-30-3A, set aside a�°�ert* 13% (2.5 acres) of the site for useable open
space and provide a 10-foot wide multi -use asphalt pathway within common Lot 1, Block 2,
and common Lot 4, Block 3, as proposed.
• Maintain at least a 5-foot wide landscape strip on both sides of the proposed multi -use
pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever
35 linear feet.
• Per UDC 11-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of
common open space shall be planted,.and common areas shall be improved with lawn, either
seed or sod.
• Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site.
• A written certificate of completion shall be prepared by the landscape architect, designer, or
qualified nurseryman responsible for the landscape plan. All standards of installation shall
apply as listed in UDC 11-3B-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. The proceeding modifications and notes should be shown on a revised
landscape plan submitted with the final plat application(s),
1.1.3 Place a note on the face of the final plat that prohibits direct lot access to Victory Road.
1.1.4 Remove the existing structure on the north part of the development that spans across the proposed
lot lines for Lots 2 and 3, Block 2. All buildings that span across proposed lot lines, or do not
conform to the dimensional standards of the UDC shall be removed or relocated, prior to
signature of the final plat by the City Engineer.
1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing
is not provided before issuance of a building permit, temporary construction fencing to contain
debris must be installed around the perimeter. Perimeter, common open space, and micro path
fencing shall be designed according to UDC 11-3A-7.
Exhibit B — Page I
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19.2006
1.1.6 Maintenance of all common areas shall be the responsibility of the Cabella Creek Home Owners'
Association.
1.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways,
including the Ten Mile Creek, and waterways being used as amenities, that intersect, cross or lie
within the area being subdivided shall be covered. Plans will need to 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 not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
1.1.8 Underground, pressurized irrigation must be provided to all lots within this development.
1.2 GENERAL REQUIREMENTS —PRELIMINARY PLAT (PP-06-012)
1.2.1 A detailed landscape 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(s).
1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC 11-3A-17.
1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non -vegetated
surface materials shall not be used in open space lots, except as permitted under UDC 11-3B.
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 stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction,
1.2.4 Coordinate fine hydrant placement with the City of Meridian Public Works Department.
1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC i 1-6B-7.
2. Publle Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains in Victory
Road. Since this would cause the property to flow out of shed the applicant shall do one of two
options.
• The applicant shall be responsible to install a temporary off-peak pumping station in a
location designated by the Public Works Department. The station design and capacity
shall be coordinated with the Public Works Department, the design shall include
communication capabilities that are consistent with the City of Meridian's SCADA
system. If new information arises from ongoing modeling exercises or other subsequent
Exhibit 8 — Page 2
CITY OF MERiDIAN Pt•ANN1N0 DEPARTMENT STAFF REPORT FOR THE HEARING DATE OFJANUARY 19, 2006
sources, then this condition may be rescinded by the City Engineer.
• Install a temporary lift station that discharges to the sewer mains located in Locust Grove
Road. The design shall be coordinated with the Public Works.
2•2 The applicant shall install all sewer mains necessary to provide service; applicant shall coordinate
main size and routing with the Public Works Department, and execute standard forms of
easements for any mains that are required to provide service. Minimum cover over sewer mains
is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials
shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.3 Water service to this site is being proposed via extension of mains in Victory Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works. The applicant shall execute standard forms of
easements for any mains that are required to provide service.
2.4 As part of the City of Meridian's "to and through" policy, the applicant shall install water mains
in S. Mesa Way along their frontage. This is needed for redundancy of the water system.
2.5 The preliminary plat shows a portion of Lots 26, 27, and 28 being encumbered by the AE
floodplain. The applicant shall revise the lots to ensure all buildable lots are out of the AE
floodplain. Or, file for a LOMA.R with FEMA to remove the floodplain. Or, add a note on the
final plat referencing the floodplain map and those lots will have to file elevation certifications.
2.6 No water valves or manholes will be allowed in the landscape islands. If water or sewer .mains
are to be routed under the landscape islands then no trees shall be allowed in them
2.7 The applicant shall submit an updated groundwater report concurrent with final plat submittal. If
the groundwater report indicates groundwater as shallow as MT I's letter indicates a grading and
drainage plan will be required, the details of which will be decided at final plat submittal and be
required prior to construction plan approval_
2.8 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be
submitted prior to scheduling of a pre -construction meeting.
2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 11-3A-6). 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
signature on the final plat by the City Engineer.
2.10 The applicant shall be responsible for the payment of assessments and the actual physical hook-
up to the houses that are going to be retained on site to municipal services.
2,11 All existing structures that do not .meet setbacks shall be removed prior to signature on the final
plat by the City Engineer.
2.12 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.
Exhibit B — Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
2.13 Additional width to the public utilities, drainage and irrigation easement along the right -of way
shall be dedicated where the sidewalk is located past the right -Of -way.
The additional
needs to be sufficient to allow for 10 feet of "free and clear" easement past thesidewalk width.
2.14 Any existing domestic wells and/or septic systems within this project shall be removed from
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non -
domestic purposes such as Iandscape irrigation.
2.15 All irrigation ditches, laterals or canals, exclusive of natural waterways,
lying adjacent and contiguous to the area being subdivided shall betiled per UDC it 3A-6 crossing or
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.
2.16 Street signs are to be in place, 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.
2.17 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc.prior to
signature on the final plat. ,
2.18 All development improvements, including but not limited to sewer, fencing, micro -paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.19 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.20 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.
2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.23 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.24 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.
2.25 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 bo
elevation of the crawl spaces of homes is at least 1-foot above. ttom
2.26 One hundred watt, high-pressure sodium streetlights shall 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
determined after power designs are completed by Idaho Power Company, The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. Fire Department
Exhibit B — Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARTNO DATE OF JANUARY I9, 2006
3.1 One and two family dwellings will require a fuse -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 of 500 feet
apart. International Fire Code Appendix C.
3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department sad
water quality by the Meridian Water Department for bacteria testing.
3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle.
b. The Fare hydrant 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 place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the .IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not
provided with an outlet shall be required to have an approved turn around.
3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.6 Requirements for dead-end ftre annaratus access roads that are between 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' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of
75,000 GVW.
3.7 For all Fire Lanes, provide signage "No Parking Fire L.ane".
3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.9 Fire lanes and streets shall have a vertical clearance of 1316". This includes mature landscaping.
3.10 Operational fire hydrants, temporary or permanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.11 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. The two entrances should be
separated by no less than % the diagonal measurement of the full development,
3.12 Building setbacks shall be per the International Building Code for one and two story construction.
3.13 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
Exhibit B — Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
side. These measurements shall be based on the back of curb dimension. The roadway -shall be
able to accommodate an imposed load of 75,000 GVW.
3.14 The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to be
borne by the developer.
3.15 Provide exterior egress lighting as required by the International Building & Fire Codes.
4. Police Department
4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not
exceed four feet in height if solid fencing is used.
4.2 Provide a driveable surface to each of the corn on amenity Dond areas Coordinate the design of
these areas with the Meridian Police Department, Lt. Bob Stowe.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2 Standard Plan for Protection of Existing Trees daring Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in
accordance with the Meridian Park Department's requirements.
5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect
from one major arterial to another, and either an easement or ownership deed must be granted
before the city will assume the maintenance of any section of pathway.
6. Sanitary Service Company
6.1 SSC has no comments related to this application.
7. Ada County Highway District
Site Specific Conditions ofApproval
7.1.1 Construct East Victory Road as one half of a 46-foot street section with vertical curb, gutter and
5-foot detached (or 7-foot attached) concrete sidewalk within 35-feet of right-of-way with
parking prohibited on both sides.
7.1.2 Dedicate 35-feet of right-of-way from centerline of East Victory Road, abutting the site.
7.1.3 Locate and align South Ascaino Way, where it intersects East Victory Road, with South Ascaino
Avenue located approximately 177-feet west of the southeast property line.
Exhibit B — Page 2
CCTV OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 20o6
7.1.4 Provide ACHD with the plans for the bridge crossing (South Ascnaio Way) of the Ten Mile Creek for review and approval.
7.1.5 Construct South Mesa Way as one half of a 36-foot street section with curb, gutter and sidewalk
within 25-feet of right-of-way from centerline, where it abuts the site,
7.1.6 Construct the internal streets as 34-foot street sections within 50-feet of Right -of --Way, as
proposed, complete with curb, gutter, planter boxes and 5-foot detached sidewalk.
7.1.7 Construct the three islands, one turnaround and a knuckle as proposed.
7.1.8 Construct the three stub streets as proposed:
o Construct a stub street to the north, South Ascaino Way, located approximately 560-feet
east of the north property line (measured property line to centerline). This stub street
shall align with East Lake Creek Drive and connect to Salmon Rapids Subdivision #5 to
the north of this site.
o Construct a stub street to the east, East Loggers Pass Street, located approximately 125-
feet south of the north property line (measured property line to centerline).
o Construct a stub street to the east, East Sagemoor Street, located approximately 500-feet
south of the north property line (measured property Line to centerline).
7.1.9 Other than the access specifically approved with this application, direct lot access to East Victory
Road is prohibited and shall be noted on the final plat.
7.1..10 Comply withal] Standard Conditions of Approval.
Standard Conditions of�400rova!
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
7.2.5 Comply with the District's Tree Planter Width Interim Policy.
7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details_
7.2.7 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
Exhibit 8 — Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1ANUARY 19. 2006
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 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.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 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.
7.2.11 It is the responsibility of the applicant to verify all existing ay. The
utilities within the right-of--w
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACIID Traffic
Operations 387.6190 in the event any ACHD conduits (spare or fztled) are compromised during
any phase of construction.
7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
7.2.13 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.
Exhibit 8 — Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
C. Legal Description
roe,
rite wwo r"ou>'• hoc.
VC1,ntaty 10, 2006
Tin}net No,.2700
PnRCeL^A to
Legad Dcscdpdon
i.abelia CtcCk Subdivision
:lnnes0600 &Rezone Area
20.16 Acres
A tract of land for annexation and rezone pulpo;os, dieing Lots 3, 4, S and 6, Block t,
K'Achina 8siates (a recorded subdivision on file In hook 35 of Plats, at 1'nges 3U16 and 3017,
Tt•.cotds of Ada _County, Idaho), and s pnrtion of the Southeast One t Fgter of Section 1 ,
frlWthahip 3 North, Range I East,.Boise Atcridiaa, Ada Co", Idaho, dwocibed as follo,.vs:
t :vhtunersdng„r9/8-inch sceel pin tnonumentiag the Southeast Corner of said Section 19 on
bite cc atuliln, 8 Victory Road, thence following the southerly line of cold Section 19 and
said ccnt�line, South 69*42'13" West a distance of 626.18 feet to the
POINT OF, I113CINN12NIG;
'acncc, Fallowing the southerly tine of said Section 19 and said ecutedine,
S01V&'89°42'I3" West a distance of 945.20 feLt to a point on the eesttcrline of Mesa
Way# `
Thence leaving said southerly Iuhc and said eenterine, and following the centerline of
Said Tvlcsa Way, North 00°1747
!'hence 93.92 leer following the arc of a circular curve to the right, said curve !Having
a tadiut of 135.38 feet, a eontral auglc of 39°45'Ol a chord betting of North
19634:43,"F4st and a chord distance of 9ZOS fact to a point;
'neare North 3J°27'14" fiast a &cane of 261.17 feat to a point-,
1111wice 57.88 feet followi>iF, the arc of a circular curve to the left, said curve having a
zad""f 15.00 feet, a ccOtW angle of 44°13'10°, a chord beating of
North b.°20'39" Bast and a chord distance of 5G.46 feet to a point an the aotthctiy
line 064ia.Lot 6 extended Westedy to said centerline;
Thence leaving said ccatesllne and following the northedy line of said Lot ti
South.89'?A•'07" Fast a distatrer of 622.03 feet to it poicu rnonumenting the
Northeast Comer of said Lot 6;
Thrace leaving said northady liuc and followiag the eastedy Gnu of said Lot 6,
Sootli'00"20'S4" Past A dista,ce of 305,73 feet to a 1/2-steel pin Tuonwrienting the
Southeast. Comer of cud Lot 6;
76e4cc laving said castedy line and Endowing the northerly line of said Lot 3,
:.ra:L:at)rr•`¢lJ.i,:Mr!`. -F(ru,•nq•4a/:L�:in:a/i•re,:W&y.J'ray�:
uti ri'G : t<•. biU.l:nyt6. kGl.0 Yl6I0 . !' ZHR.'13).9�a1 P 3aM.r)44.i 14.i • anu.tLcl:utdhµuupim.ccxn
Xn.I4rvur'•\I:f;c.i,••.i'�,-r✓i. Id•r._:r:Ir�.d.�..1u�s N.<:'r.J,n
Exhibit C — Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
1'ebsuuy 10, 2006
Page 2 of 2
No.tch 89°38'37" Fast a distance of 106.46 feet to a 1/2-steel pin monumenting the
Naithmst Comer of ,,id I..or 3:
'I Rance leaving said northerly litic and followwg slte easterly line of said Lot 3,
South 00'23'17" Mist a distance of 690.42 Fact to the POINT OF HrGiNNrNG.
Ihr. above•descrtbtd tract of Inad contains 20.16 Acres, more or less, subject to all existing;
c2scmants end rights -of --way.
rltWhed hereto is F,xhibit "A-2" aad by thin reference is Wde a part hereof.
Prepatcd By:
THIS LAND GROUP, INC.
•162 E. Shore Drive, Suite 100
I a0c, Idaho 83610
2013439.404j
308.9394445 (FAQ ;3
FEB 17 2006
. • .ieUtAt+PUBLIC
r; r FIRS OEPT
Jr
1:, .'. tr.,:o • t ,;:.ia�� •. Ir ::a7:Y • f i1^i l:e,'uy; ea • f.::6 (:;r: f: (.7 ra::.Na �f>TcS,F�Yiie; •!'. l.','!:'yaw7ns•.: tea • �;:rn•..i
ra't; jll„n lhise.St: t;��,!'.a�•k.t,t�au!Ya.lasPani7.il�.d��:I I YAg34.4445•�w...iLd,nJgm:�piuc.r.n•
Exhibit C — Page 2
CITY OF MERIDIAN PLANNING I)UARTMENT STAFF REPORT FOR THE HEARING, DATE OF JANUARY 19, 2006
POOR COPY
Exhibit C- Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
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
and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the comprehensive
plan;
The applicant is proposing to zone all of the subject property to R4. Council finds that
the proposed zoning map amendment complies with the applicable provisions of the
comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the
Staff Report.
2. The map amendment complies with the regulations outlined for the proposed
district, specifically the purpose statement;
Council finds that future development of this property will comply with the established
regulations and purpose statement of the R-4 zone.
3. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. Staff recommends that the Commission and Council rely on
any oral or written testimony that may be provided when determining this finding.
4. 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,
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.
5. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The R4 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity, and transitions well to the existing rural lots in the
vicinity. Council 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. This is a logical expansion of the City limits. ba accordance
with the findings listed above, Council finds that Awmation and Zonin of this prone—,
o X-Cwould be in the b st interest of the r;k, nt enters into a Develo meat
Agreement (DA) with 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:
1. The plat is in conformance with the Comprehensive Plan; '
Exhibit D - Page 1
CITY OF MERIDIAN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006
Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. Council generally supports the proposed plat layout and proposed
density as they comply with the provisions of the Comprehensive Plan. Please see
Comprehensive Plan Policies and Goals, Section 8, of the Staff Report.
2• Public services are available or can be made available and are adequate to
accommodate the proposed development;
Council finds that public services are available to accommodate the proposed
development. (See Exhibit B of the Staff Report for more details from public service
providers,)
3. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, Council finds that the subdivision will not require the expenditure of capital
improvement funds.
4. There is public financial capability of supporting services for the proposed
development;
The Commission and Council rely upon comments from the public service providers (i.e.,
Police, fire, ACHD, etc.) to determine this finding. (See finding Items 3 and 4 above
under Annexation Findings, and the Conditions of Approval in Exhibit B for more
detail.)
5. The development will not be detrimental to the public health, safety or general
welfare; and
Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision. ACHD considers mad safety issues in their analysis.
The Commission and Council should reference any public testimony that may be
presented to determine whether or not the proposed subdivision may cause health, safety
or environmental problems of which staff is unaware.
6• The development preserves significant natural, scenic or historic features.
The Ten Mile Creek is a natural, scenic feature that should be preserved when this
Property develops. Council is unaware of any other natural, scenic or historic features on
this site. Therefore, if the Ten Mile Creek is protected and enhanced, Council finds that
the proposed development will not result in the destniction, loss or damage of any
natural, scenic or historic feature(s) of major importance. The Commission and Council
should reference any public testimony that may be presented to determine whether or not
the proposed development .may destroy or damage a natural or scenic feature(s) of major
importance of which staff is unaware.
Exhibit D —Page 2