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HomeMy WebLinkAboutBurnside Ridge Estates AZ, PP H-2023-0055 FindingsFINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BURNSIDE RIDGE ESTATES – AZ, PP H-2023-0055 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation of 123.28-acres of Land with R-2 (11.91 acres), R-4 (89.55-acres) and R-8 (21.8-acres) Zoning Districts; and Preliminary Plat Consisting of 263 Building Lots, 32 Common Lots and One (1) Other Lot, which is a Holding Area for Future Re- subdivision, on 121.31-acres of Land in the R-2, R-4 and R-8 Zoning Districts for Burnside Ridge Estates Subdivision, by Kimley-Horn. Case No(s). H-2023-0055 For the City Council Hearing Dates of: May 7 and 28, 2024 (Findings on June 11, 2024) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 28, 2024, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 28, 2024, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2024, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 28, 2024, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17, 2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 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 Community Development Department, the Public Works Department and any affected party requesting notice. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BURNSIDE RIDGE ESTATES – AZ, PP H-2023-0055 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 28, 2024, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning and a preliminary plat is hereby approved with the requirement of a development agreement per the provisions in the Staff Report for the hearing date of May 28, 2024, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BURNSIDE RIDGE ESTATES – AZ, PP H-2023-0055 - 3 - A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. E. Judicial Review Pursuant to Idaho Code § 67-6521(1)(d), if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may, within twenty-eight (28) days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52, title 67, Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of May 28, 2024 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FOR BURNSIDE RIDGE ESTATES – AZ, PP H-2023-0055 - 4 - By action of the City Council at its regular meeting held on the ___________ day of ________________, 2024. COUNCIL PRESIDENT LUKE CAVENER VOTED_______ COUNCIL VICE PRESIDENT LIZ STRADER VOTED_______ COUNCIL MEMBER DOUG TAYLOR VOTED_______ COUNCIL MEMBER JOHN OVERTON VOTED_______ COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_______ MAYOR ROBERT SIMISON VOTED_______ (TIE BREAKER) Mayor Robert E. Simison Attest: _______________________________ Chris Johnson City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: __________________________________ Dated: ________________________ City Clerk’s Office EXHIBIT A Page 1 HEARING DATE: May 28, 2024 Continued from: May 7, 2024 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 SUBJECT: Burnside Ridge Estates – AZ, PP H-2023-0055 LOCATION: Generally located southwest of the W. Victory Rd. and the S. Linder Rd. intersection, in the NE 1/4 of Section 26, T.3N., R.1W. (Parcels: S1226120750; R- 831430010; R0831430022; R0831430030; S1226142251; R0831430025; S1226110575) (2365 W. Victory Rd.; 3605, 3801 & 4005 S. Linder Rd.) I. PROJECT DESCRIPTION Annexation of 123.28 acres of land with R-2 (11.91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts; and preliminary plat consisting of 263 building lots, 33 32 common lots and one (1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 121.31-acres Future Land Use Designation Low Density Residential (LDR) (41.2-acres) & Medium Density Residential (MDR) (80-acres) Existing Land Use Rural residential/agricultural Proposed Land Use(s) Single-family detached dwellings Current Zoning Rural Urban Transition (RUT) in Ada County Proposed Zoning R-2 (Low Density Residential), R-4 (Medium Low-Density Residential) & R- 8 (Medium Density Residential) Lots (# and type; bldg/common) 297 lots (263 building/33 32 common/1 other) Phasing plan (# of phases) 4 (+ holding area for future re-subdivision) Number of Residential Units (type of units) 263 single-family detached units Page 2 B. Community Metrics Density (gross & net) 2.62 units/acre overall, not including holding area (gross) [LDR - 2.81 units/acre; MDR – 1.78 units/acre (without holding area and 2.27 units/acre with holding area lots] – see analysis in Section V for more information. Open Space (acres, total [%] / buffer / qualified) 11.53 13.36-acres (502,252 581,836 s.f.) Amenities Clubhouse, commercial outdoor kitchen, outdoor fire ring, public art (3), picnic areas (2), fitness course, swimming pool and spa, tot lot, sports courts (pickleball) (2), multi-use pathways (3), bike repair station Physical Features (waterways, hazards, flood plain, hillside) The Calkins Lateral runs across the southwest corner of this site and the Givens Lateral runs along the western boundary of the site. The Williams Northwest gas pipeline crosses the northeast corner of this site. There is significant topography on this site dropping down 23' to the south & west from the lateral & dropping down 14' from the lateral to the north. Neighborhood meeting date 10/12/23 History (previous approvals) ROS #2409 (1993); Lots 1-3, Block 1, Basslin Ridge Estates; H-2021-0070 (Burnside Ridge Estates – denied) Description Details Ada County Highway District • Staff report (yes/no) Yes • Requires ACHD Commission Action (yes/no) No • TIS (yes/no) Yes • Level of Service (LOS) • Existing Conditions Linder Rd. is improved with 2-travel lanes, 24’ of pavement & no curb, gutter or sidewalk abutting the site. There is 64’ of ROW for Linder Rd. – 40’ from centerline. Victory Rd. is improved with 2-travel lanes, 22’ of pavement & no curb, gutter or sidewalk abutting the site. There is 55’ of ROW for Victory Rd. – 25’ from centerline. Page 3 Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access is proposed via W. Victory Rd., a minor arterial street; and two (2) accesses are proposed via S. Linder Rd., a residential arterial street. Internal local streets are proposed. Proposed Road Improvements The Applicant is required to dedicate additional ROW to total 50’ from centerline of Linder Rd. plus a 3’ gravel shoulder & the construction of a 5’ wide detached sidewalk. Additional ROW totaling 39’ from centerline of Victory Rd. is required to be dedicated for improvement of Victor Rd. with 17’ of pavement from centerline plus 3’ wide gravel shoulder and the construction of 5’ wide detached sidewalk. A westbound left-turn lane is required to be constructed on Victory Rd. Fire Service • Distance to Fire Station 1.4 miles from Station 6 • Fire Response Time Project falls in an area where the FD doesn’t have total response times that meet NFPA 1710 standards or current City adopted standards. • Resource Reliability 84% from Station #6 – does meet the targeted goal of 80% or greater. • Risk Identification 2 (current resources would not be adequate to supply service to this project) • Accessibility Meets all requirements • Special/resource needs Will require an aerial device; can meet this need • Water Supply 1,000 gallons/minute for one hour • Other Resources Police Service No comments received West Ada School District No comments received Wastewater • Distance to Sewer Services Available at site • Sewer Shed • Estimated Project Sewer ERU’s See application • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan Yes • Impacts/Concerns Flow is committed. See Public Works Site Specific Conditions Water • CIP/IFYWP Page 4 • Distance to Services Water available at site. • Pressure Zone 5 • Estimated Project Water ERU’s See application • Water Quality Concerns None • Project Consistent with Water Master Plan Yes • Impacts/Concerns See Public Works Site Specific Conditions in Section IX.B of this report. C. Project Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Page 5 III. APPLICANT INFORMATION A. Applicant: Nicolette Womack, Kimley-Horn – 950 W. Bannock St., Ste. 1100, Boise, ID 83702 B. Owners: Linder Holdings – 1681 S. Kimball Way, Boise, ID 83709 C. Representative: Hethe Clark, Clark Wardle – 251 E. Front St., Ste. 310, Boise, ID 83701 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification published in newspaper 3/19/2024 4/21/2024 Radius notification mailed to property owners within 300 feet 3/15/2024 4/19/2024 Public hearing notice sign posted on site 3/21/2024 4/18/2024 Nextdoor posting 3/19/2024 4/19/2024 V. COMPREHENSIVE PLAN ANALYSIS FUTURE LAND USE: Approximately 41.2-acres of the eastern portion of this property is designated Low Density Residential (LDR) and approximately 80-acres of the western portion is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan (see map above in Section II.C). The LDR designation allows for the development of single-family homes on large and estate lots at gross densities of three dwelling units or less per acre. These areas often transition between existing rural residential and urban properties. Developments need to respect agricultural heritage and resources, recognize view sheds and open spaces, and maintain or improve the overall atmosphere of the area. The use of open spaces, parks, trails, and other appropriate means should enhance the character of the area. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The MDR designation allows for dwelling units at gross densities of 3 to 8 dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. TRANSPORTATION: ACHD’s Master Street Map (MSM) depicts north/south and east/west segments of the Roadway to Bikeway Master Plan along the west and south boundaries of the site. The section of W. Victory Rd. between Linder and Meridian Roads is within the corridor improvement project, which includes widening of Victory to 3-lanes and constructing enhanced pedestrian and bike facilities on both sides of the roadway as per the adopted Bike Master Plan and the 2020 Capital Improvement Plan (CIP). The long-range transit plan Valley Connect 2.0 has a route extending along Linder Rd. planned in the Growth Scenario (pg. 49). Therefore, Valley Regional Transit (VRT) requests a standard bus stop (size small) with a concrete pad 10’ x 10’ is provided along N. Linder Rd. just south of E. Pivot Dr. The Page 6 purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite (see comments in Section IX.I below for more information). This project lies within the South Meridian Transportation Plan. The Plan recommends that Linder Rd. is constructed as a 5-lane minor arterial roadway and this segment of Victory Rd. is constructed as a 3-lane minor arterial roadway. The Plan also recommends the construction of a multi-lane roundabout at the Victory Rd. and Linder Rd. intersection. A Traffic Impact Study (TIS) was completed for this development in 2021 which estimates 2,513 vehicle trips per day; 255 vehicle trips per hour in the PM peak hour. PROPOSED DEVELOPMENT: The subject property is proposed to develop with 263 single-family detached homes at a gross overall density of 2.62 units/acre, not including the holding area at the southwest corner of the site. A gross overall density of 2.5 units/acre is proposed with the holding area included. The LDR designated area has a gross density of 2.81 units per acre, which is consistent with the density desired in LDR designated areas. The MDR designated area without the holding area has a gross density of 1.78 units per acre and 2.27 units/acre with the holding area lots depicted on the concept plan, which is below the density desired in MDR designated areas. Per the Comprehensive Plan, “Future land use designations are not parcel specific. An adjacent abutting designation when appropriate and approved as part of a public hearing with a land development application, may be used. A designation may not be used however, across planned or existing collector or arterial roadways, must not be used on a parcel not directly abutting the designation, and may not apply to more than 50% of the land being developed. All other changes to designations must be approved through a Comprehensive Plan Map Amendment.” Accordingly, the Applicant proposes to apply the abutting LDR FLUM designation to the west to a portion of the MDR designated area that lies west of the collector street (S. Farmyard Ave.) and the LDR designation on the eastern portion of the site to the portion of the MDR designated area that lies east of the collector street (see exhibit below). The proposed use of the abutting LDR designations does not apply to more than 50% of the land being developed. With this change, the total expanded LDR area, including the holding area, consists of 48.53-acres with a gross density of 2.40 units/acre, which is consistent with the density desired of 3 or fewer units/acre. The remaining MDR designated area on the northern portion of the site consists of 31.47-acres with a gross density of 2.64 units/acre, which when rounded up as allowed, complies with the minimum density of three (3) units/acre. Staff is supportive of the Applicant’s proposal for decreased density in the areas proposed as it allows for larger lots along the west boundary of the subdivision adjacent to large rural/agricultural lots and provides a good transition in density. Page 7 Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • “Encourage a variety of housing types that meet the needs, preferences, and financial capabilities of Meridian’s present and future residents.” (2.01.02D) Only one (1) housing type, single-family detached dwellings, is proposed within this development. Including a variety of housing types would increase the density of the development and a lower density is desired by the Applicant and adjacent neighbors. • “Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services.” (3.03.03F) City water and sewer service is available to the site, except for the holding area (water is available but sewer is not), and can be extended by the developer with development in accord with UDC 11- 3A-21. Page 8 • “Require all new development to create a site design compatible with surrounding uses through buffering, screening, transitional densities, and other best site design practices.” (3.07.01A) The proposed site design with larger lot sizes on the western periphery abutting large rural parcels designated LDR provides a transition of 2-2.5:1, which should be compatible with adjacent uses. The 0.25+/- acre lots proposed adjacent to the Wood, Sandquist and Coleman properties, although smaller, also provide a transition to larger rural parcels to the north (i.e. 5-6:1). The Commission and Council should rely on testimony from these neighbors to determine if enough transition is being provided. • “Encourage compatible uses and site design to minimize conflicts and maximize use of land.” (3.07.00) The proposed residential uses and site layout should minimize conflicts and maximize use of land. • “Ensure development is connected to City of Meridian water and sanitary sewer systems and the extension to and through said developments are constructed in conformance with the City of Meridian Water and Sewer System Master Plans in effect at the time of development.” (3.03.03A) The proposed development will connect to City water and sewer systems with development of the subdivision; services are required to be provided to and though this development in accord with current City plans. • “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (2.02.01D) Sidewalks are proposed along all public streets within the development, which will provide pedestrian connectivity to adjacent subdivisions. No pedestrian connections exist to this property from adjacent rural residential properties. • “Require urban infrastructure be provided for all new developments, including curb and gutter, sidewalks, water and sewer utilities.” (3.03.03G) Urban sewer and water infrastructure and curb, gutter and sidewalks are required to be provided with development of the subdivision. The holding area will be re-subdivided in the future as sewer service is not able to be provided at this time. • “Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties.” With redevelopment of the site, the septic systems for the existing homes should be removed; wells may be utilized for irrigation purposes. The property owner (Colleen Kelly) at 3801 S. Linder Rd. requests Council approval to retain use of the existing well and septic system until such time as the home is removed with Phase 4 of the development. • “Reduce the number of existing access points onto arterial streets by using methods such as cross- access agreements, access management, and frontage/backage roads, and promoting local and collector street connectivity.” (6.01.02B) There are currently five (5) existing driveways via Linder Rd. and four (4) existing driveways via Victory Rd., which will be closed upon development of the property, which will reduce access points to the arterial roadways. North/south and east/west collector streets are proposed with this subdivision, which will provide future vehicular connectivity to the south and to the west. Page 9 VI. STAFF ANALYSIS A. ANNEXATION (AZ) The Applicant proposes to annex 123.28 acres of land with R-2 (11.91 acres), R-4 (89.55 acres) and R-8 (21.82 acres) zoning districts. The proposed density of the development is consistent with the corresponding FLUM designations of LDR and MDR as discussed above in Section V. A legal description and exhibit map for the overall annexation area is included in Section VIII.A along with individual legal descriptions and exhibit maps for individual zones. This property is within the City’s Area of City Impact boundary. The R-2 (low-density residential) zoning is proposed along the western property boundary of the subdivision as a transition to the 5- to 10-acre rural residential lots in Stetson Estates subdivision, designated Low Density Residential (LDR) on the FLUM. The R-4 (medium low-density residential) zoning is proposed along the southern, eastern and northeastern boundaries of the subdivision adjacent to rural residential/agricultural properties also designated LDR. The R-8 (medium-density residential) zoning is proposed internal to the development where the smallest lots are proposed. A preliminary plat and conceptual building elevations were submitted showing how the property is proposed to be subdivided and developed with 263 single-family residential detached homes and associated common area and public streets (see Section VIII). Single-family detached dwellings are listed as a principal permitted use in the R-2, R-4 and R-8 zoning districts per UDC Table 11-2A-2. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the subject property develops as proposed, Staff recommends a DA is required with the provisions discussed herein and included in Section IX.A. B. PRELIMINARY PLAT (PP): History: In 2021, a previous annexation and preliminary plat application (H-2021-0070) for this property was denied by City Council due to it not being located in an area the City prioritized for near- term growth and the additional burdens it would place on City services, including but not limited to, public safety services, and on local roads. Thus, the annexation was found to not be in the best interest of the City. The previous plat did not include the 2-acre parcel at the northeast corner of the site and lots were proposed in the “holding” area; it also included larger lots adjacent to the Calkins Lateral. Comparatively, the previous plat consisted of a total of 275 building lots; the proposed plat, with the lots shown on the conceptual development plan for the holding area and the additional 2-acre area with 5 building lots, consists of a total of 303 building lots. The proposed preliminary plat consists of 263 building lots, 33 32 common lots and one (1) other lot, which is a holding area for future re-subdivision, on 121.31 acres of land in the R-2, R-4 and R-8 zoning districts. A conceptual development plan was submitted for the holding area, included in Section VIII.F below, that depicts 40 building lots on 21.05-acres of land at a gross density of 1.90 units/acre in the R-2 and R-4 zoning districts. Future re-subdivision of the holding area (i.e. Lot 11, Block 7) should generally comply with the layout shown on the conceptual plan. The holding area should be re- subdivided prior to issuance of any building permits for that lot. Note: The holding area is not currently serviceable by City sewer and won’t be for quite some time until the temporary lift station on Ten Mile and the 15” trunk line to the lift station is constructed. The minimum lot size in the R-2 zoned area is 18,993 square feet (s.f.) (or 0.44-acre) with an average lot size of 22,168 s.f. (or 0.5-acre). The minimum lot size in the R-4 zoned area is 8,003 s.f. (or 0.18-acre) with an average lot size of 11,023 s.f. (or 0.25-acre). The minimum lot size in the R-8 zoned area is 5,508 s.f. (or 0.12-acre) with an average lot size of 7,628 s.f. (or 0.17-acre). Page 10 Phasing Plan: The subdivision is proposed to develop in four (4) phases per the phasing plan in Section VIII.B. These phases are proposed to be final platted by 2025 and built-out by 2030. The first phase includes the northern portion of the collector street via W. Victory Rd. and a local street access via S. Linder Rd. and is located on the northeast portion of the site. This phase is proposed to include all of the street buffer improvements, including sidewalk, along Victory and Linder Roads. The second phase is located on the northwest portion of the site and includes the southern portion of the collector street. The third phase is located along the southeast portion of the site. The fourth phase is the Kelly property and is located along the east side of the development between phases 1 and 3 and fronts on Linder Rd. Staff recommends the phasing plan is revised prior to the City Council hearing to include the holding area lot (i.e. Lot 11, Block 7) in Phase 3. A revised phasing plan was submitted as requested. Existing Structures/Site Improvements: There are five (5) existing homes and accessory structures on the property, four (4) of which will be removed prior to development of the phase in which they are located. The Jackson home at 3605 S. Linder Rd. is proposed to remain on Lot 9, Block 6 and is required to disconnect from their septic system and well and connect to City water and sewer service within 60 days of it becoming available; the well may be used for irrigation purposes. The address will also be required to change and access should be taken internally from within the development and the existing driveway via Linder Rd. removed. The property owner (Colleen Kelly) at 3801 S. Linder Rd. requests Council approval to remain on well and septic until her property re-develops with Phase 4 as utilities will not be accessible until at a minimum Phase 3. Retention of the existing access via Linder Rd. is also requested until such time as the property redevelops. The property owner is amenable to installation of the Linder Rd. street frontage/buffer improvements, including the sidewalk, on her property with Phase 1. Because the home is allowed to remain on the site until the (final plat) phase in which it’s located is signed by the City Engineer, at which time the home is required to be removed, Staff is amenable to this request and proposes a DA provision to that effect. Inclusion of this parcel within the development will ensure consistent streetscape improvements along Linder Rd. and prevent an outparcel within the project. Approval of the allowances requested by the property owner will ensure she can retain a similar lifestyle until such time as the property redevelops. Dimensional Standards (UDC 11-2): The proposed plat and future development is subject to the dimensional standards listed in UDC Tables 11-2A-4 for the R-2 district, 11-2A-5 for the R-4 district and 11-2A-6 for the R-8 district, as applicable. Subdivision Design & Improvement Standards: The proposed subdivision is required to comply with the design and improvement standards listed in UDC 11-6C-3, including those for streets, block face and cul-de-sacs. The following block faces exceed the maximum length allowed in UDC 11-6C-3F: Block 7 (south side of S. Red Angus Way), Block 1 (west side of S. Moline Way), Block 5 (north side of E. Pivot Dr.) and Block 10 (south side of E. Pivot Dr.). Staff recommends the plat is revised to comply with the maximum block face standards and/or a request for City Council waiver(s) to the standards is submitted prior to the City Council hearing. Note: Block face is measured from the near edge of right-of-way to near edge of right-of-way of streets per UDC 11-6C-3F.5. The Applicant opted not to revise the plat to comply with the block face standards and requests approval of a Council waiver to exceed the maximum block face allowed on all of the block faces with the following justifications: • West block face of Moline Way (1,507’) Justification: The west block face of Moline Way includes only 15 single family detached lots, of which 8 are 0.5-acres or larger. A block face of similar length in an R-8 zoned area could include up to 30 single family detached lots. The developer has worked closely with the Page 11 neighbors (a large lot County subdivision) and those neighbors have specifically requested that this development not include an ACHD stub street to the west, and the ACHD Staff Report did not condition the project to provide one. The project provides a pathway connection within Lot 29 between the Calkins Lateral and Moline Way. • North block face of Pivot Drive (1,281’) Justification: Pivot Drive intersects International Way at a 90d angle ~955-ft west of Siphon Avenue, and we believe this is a break in the Pivot Drive block face. Additionally, Lot 5 will front Pivot Drive and Lot 4 will front International Way. • South block face of Pivot Drive (1,340’) Justification: Block 10, Lot 9 is a common lot connecting to Block 10, Lot 24 and ultimately to Drawbar Street. A public roadway connection between Pivot Drive and Drawbar Street is impractical considering the location of the Phase 3 & Phase 4 boundary which coincides with an existing property line. A public street connection does not benefit the Drawbar Street block face since Drawbar Street is significantly shorter Pivot Drive. • South block face of Red Angus Way (1,422’) Justification: Block 7 Lot 29 is a common lot with a pathway. There is a considerable grade change beginning at Red Angus as you move further southwest which makes including a road stub impractical. Council should consider requiring traffic calming measures and/or additional pedestrian connections as provisions for a waiver(s). Page 12 Access: There are five (5) existing driveways via Linder Rd. and four (4) via Victory Rd. that will be closed with development of the proposed subdivision. A new north/south collector street (S. Farmyard Ave.) is proposed via W. Victory Rd., a minor arterial street, and a new east/west collector street (E. Holstein Dr.) is proposed via S. Linder Rd., a residential arterial street, along the southern boundary of the property. A letter of cooperation was submitted from the adjacent property owner to the south (Providence Properties, LLC) in regard to construction of the collector street on the shared property line between the two properties. Another local street access (E. Pivot Dr.) is proposed via S. Linder Rd. to the north of the collector street. Internal local public streets are proposed for access within the development. Traffic calming is proposed within the development by providing chokers on local streets where micro- path connections are proposed and stamped concrete and bulb-outs at 4-way intersections on the internal collector streets. The ROW for S. Farmyard Ave. should be extended to the site’s east property line as required by ACHD for future access to the collector street for the Coleman property located at 1995 W. Victory Rd. With re-subdivision of the holding area, the north/south collector street will extend to the southern boundary and the east/west collector street will extend to the western boundary of the subdivision for future extension. East Guernsey St., which provides access to Lots 5, 6 and 8-9, Block 6 at the northeast corner of the development, is required to comply with ACHD standards and have a turnaround that meets Fire Dept. standards, as follows: Pathways: All pathways should be constructed in accord with the standards listed in UDC 11-3A-8. The Pathways Master Plan (PMP) depicts segments of the City’s 10-foot wide multi-use pathway system along the north side of the Calkins Lateral, along the east side of the north/south collector street (S. Farmyard Ave.) and along the southern boundary of the site along the collector street (E. Holstein Dr.). The pathway and associated landscaping should be located outside of the Boise Project Board of Control’s easement for the Calkins Lateral, unless otherwise allowed. A minimum 14-foot wide public use easement is required for all pathways required in the PMP unless they’re located within road ROW; such easements should be submitted with the final plat application for the phase in which they’re located and be recorded prior to signature on the final plat by the City Engineer. Sidewalks/Parkways (11-3A-17): For public safety, Staff recommends 10-foot wide detached sidewalks are provided along all collector and arterial streets within and abutting the site; parkways should comply with the standards listed in UDC 11-3A-17. The plat and landscape plan, should be revised accordingly. Landscaping: A minimum 25-foot wide street buffer is required along W. Victory Rd. and S. Linder Rd., both arterial streets, measured from ultimate back of curb location; and 20-foot wide street buffers are required along collector streets (S. Farmyard Ave. & E. Holstein Dr.) per UDC Tables 11-2A-4, 11- 2A-5 and 11-2A-6 (a 20’ buffer isn’t required along the east side of the northern portion of Farmyard where there isn’t adequate area for a buffer). Landscaping is required within the street buffers and Page 13 parkways in accord with the standards listed in UDC 11-3B-7C.3. Where 6-foot wide parkways with Class II trees are proposed, root barriers are required per the standards in UDC 11-3A- 17E.2. the landscape plan should be revised to include a mix of landscaping materials and a calculations table that demonstrates compliance with the standards. All street buffers should be maintained by the property owner or homeowner’s association. Landscaping (a mix of trees, shrubs, lawn, and/or other vegetative groundcover) is required along all pathways in accord with the standards listed in UDC 11-3B-12C; revise the landscape plan accordingly. All common open space areas are required to include a minimum of one (1) deciduous shade tree for every 5,000 s.f. of area and include a variety of trees, shrubs, lawn, or other vegetative groundcover in accord with UDC 11-3G-5B.3. The landscape plan should depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. There are several existing trees on the site that are proposed to be removed that require mitigation in accord with the standards listed in UDC 11-3B-10C.5. A mitigation plan was submitted, included in Section VIII.C, that depicts compliance with the aforementioned standards. A total of 313 caliper inches of trees are required for mitigation; a total of 314 caliper inches of replacement trees are proposed in accord with UDC standards. Common Open Space (UDC 11-3G-3): Common open space is required to be provided for the development based on the area of each proposed zoning district. The common open space for the holding area on Lot 11, Block 7 will be evaluated with re-subdivision of the lot. Based on 8.27-acres for the R-2 district, which requires 8%; 72.14-acres for the R-4 district, which requires 12%; and 21.82-acres for the R-8 district, which requires 15%, a minimum of 12.59-acres (or 548,420 s.f.) of common open space is required to be provided that complies with the quality standards listed in UDC 11-3G-3A.2 and the qualified open space standards listed in UDC 11-3G-3B. An revised open space exhibit was submitted as shown in Section VIII.D that depicts common open space totaling 11.53 13.36-acres (502,252 581,836 s.f.), which is 1.06 0.77-acres (or 46,174 33,416 s.f.) below over the required amount and includes areas that don’t meet the qualifications for such in UDC 11-3G-3B. Areas that don’t qualify include the following: Lot 18, Block 10, Lot 9, Block 11 and Lot 7, Block 6 as they don’t seem to have been integrated into the development as a priority and appear to be remnant areas; the common lots encompassed by the Calkins Lateral easement as the Boise Project Board of Control doesn’t allow their easement to be landscaped (only gravel is allowed within their easement); and common lots for micro-paths that are below 20’ in width. These areas should be removed from the qualified open space calculations. Parkways along local streets may be counted if they meet the standards listed in UDC 11-3G-3B.4. The common area outside of the Calkins Lateral where the pathway and associated landscaping is located can also be counted. Qualified open space areas consist of open grassy areas of at least 5,000 s.f. in area, the linear open space along the Calkins Lateral easement that includes a 10’ wide multi-use pathway and associated landscaping, linear open space areas that are at least 20’ and up to 50’ in width that have an access at each end and are improved and landscaped in accord with the standards listed in UDC 11-3B, 100% of the landscape buffers along collector streets and 50% of the buffers along arterial streets if they meet the enhanced buffer requirements in UDC 11-3G-3B.3, a community garden and parkways along local residential streets if they meet the standards listed in UDC 11-3G-3B.4. Staff recommends the open space exhibit is revised prior to the City Council hearing to include changes that demonstrate compliance with the minimum qualified open space standards. A revised open space exhibit was submitted that meets the minimum standards. Site Amenities (UDC 11-3G-4): Site amenities are required to be provided within the development based on the gross land area of the development as set forth in UDC 11-3G-4. A minimum of one (1) Page 14 point of site amenity is required for each five (5) acres of gross land area; for projects 40-acres or more in size, multiple amenities are required from the separate categories listed in UDC Table 11-3G-4. Based on 100.26-acres of land, a minimum of 20 site amenity points is required to be provided; qualified site amenities and associated point values are listed in UDC Table 11-3G-4. The site amenities for the holding area on Lot 11, Block 7 will be evaluated with re-subdivision of the lot. The following site amenities with associated point values are proposed: Quality of Life Amenities Clubhouse (9,500+/- s.f.) – 6 pts. Commercial outdoor kitchen – 2 pts. Outdoor fire ring – 1 pt. Public art – Livestock, grain bin & heritage garden farm equipment sculptures (3) – 3 pts. Picnic area on a site 5,000 s.f. or greater in size with tables, shade & benches (2) – 4 pts. Fitness course – 2 pts. Recreation Activity Area Amenities Swimming pool & spa – 4 pts. Tot lot – 1 pt. Sports courts, paved (2) (pickleball) – 8 pts. Pedestrian & Bicycle Circulation Amenities Multi-use pathways (1.25+/- mile) – 10 pts. Multi-modal Amenities Bicycle repair station – 1 pt. The proposed amenities should comply with the associated standards listed in UDC 11-3G-4C, D, E and F. Amenities are proposed from the Quality of Life, Recreation Activity Area, and Pedestrian & Bicycle Circulation and Multi-modal amenity categories as required; at least one (1) amenity is required to be provided from the Multi-modal category the Applicant should identify what this amenity will be prior to the Council hearing. Amenities totaling 41 42 points are proposed, which are more than twice as many as required. Staff recommends as a DA provision that the use of common open space & site amenities is shared throughout the development, including the holding area. Parking: Off-street parking is required to be provided for each home based on the total number of bedrooms per unit as set forth in UDC Table 11-3C-6. Williams Pipeline: The Williams Northwest Gas Pipeline crosses the northeast corner of this site on Lot 9, Block 6 within a 75-foot wide easement as depicted on the preliminary plat. Any development and/or improvements within the easement should comply with the Williams Developer’s Handbook. Waterways: The Calkins Lateral crosses the southwest portion of this site within a 60’ wide federal easement (30’ each side from centerline) – the plat currently depicts a 40’ wide easement and should be revised to accurately reflect the width of the easement or approval should be obtained for a reduced easement. The Boise Project Board of Control submitted updated comments that agree to a reduction of the easement from 60’ to 40’ total (20’ each side from centerline of the new pipe to be installed) if the lateral is piped as proposed. Page 15 The Givens Lateral runs along the west boundary of the site; a 7’ wide easement exists on this site, which is proposed to run along the rear of adjacent building lots – the lateral itself lies on the abutting property to the west and is piped. Consent should be obtained from the New York Irrigation District (NYID) for the 7’ wide easement to be located on adjacent building lots and perimeter fencing to be installed on the property line within the easement; otherwise, the easement should be placed in a minimum 20-foot wide common lot, which could be counted toward the qualified open space requirement if landscaped in accord with the standards in UDC 11-3G-5B. The NYID gave authority to Boise Project Board of Control (BPBC) to administer their easement; the BPBC will not allow anything within the easement and will not allow it to encroach within abutting building lots. All irrigation ditches and laterals crossing this site that aren’t being improved as a water amenity or linear open space as defined in UDC 11-1A-1 are required to be piped or otherwise covered as set forth in UDC 11-3A-6B.3, unless otherwise waived by City Council. The Applicant proposes to pipe the Calkins Lateral through the site. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-6C and 11-3A-7, as applicable. The landscape plan depicts privacy fencing adjacent to common open space lots and the perimeter boundary of the site but doesn’t include a detail of the fencing type and height. Fencing details should be depicted on the landscape plan submitted with the final plat application(s). Utilities (UDC 11-3A-21): Connection to City water and sewer services is required in accord with UDC 11-3A-21. City water and sewer service is available to be extended to serve this development, except for the holding area at the southwest corner of the site. Sewer service will not be available to serve the holding area for quite some time until the temporary lift station on Ten Mile and the 15” trunk line to the lift station is constructed. City Council may determine it’s not in the best interest of the City to annex this property until such time as the entire property can be developed and serviced by the City with both water and sewer services. The property owner to the south (Providence Properties, LLC) submitted a letter of cooperation to enter into a joint venture agreement for the construction, use and maintenance of the regional lift station to be built in the northwest corner of Tessera Ranch with each developer paying for the lift station based on a pro-rata share of the number of lots contributing to the sewer lift station. The subject property will provide the sewer route through this development to accommodate the pressure line to tie into the Ten Mile lift station. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation System (UDC 11-3A-15): Underground pressurized irrigation water is required to be provided to each lot within the subdivision as set forth in UDC 11-3A-15. Gravity irrigation is provided by Boise Project Board of Control via the Calkins Lateral. A pump station and adequate storage for peak demand will be constructed onsite for pressure irrigation service. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. A Geotechnical Evaluation was submitted with this application. Building Elevations: Conceptual building elevations were submitted for the proposed 1- and 2-story single-family detached dwellings and two (2) different barn-style concept elevations were submitted for the clubhouse as shown in Section VIII.E. The architectural style of the homes will be a mix of contemporary forms and modern farmhouse styles. Building materials range from stone to stucco, and board-and-batten siding with natural colors. Home sizes are planned to be 2,200 s.f. or larger, similar to homes in the surrounding developments. Page 16 Because homes on lots that face collector (S. Farmyard Ave. & E. Holstein Dr.) and arterial (W. Victory Rd. & S. Linder Rd.) will be highly visible, Staff recommends the rear and/or sides of 2- story homes on these lots incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse structure to ensure it complies with the design standards in the Architectural Standards Manual and UDC standards. VII. DECISION A. Staff: Staff recommends approval of the proposed annexation with the requirement of a Development Agreement, and preliminary plat per the provisions in Section IX in accord with the Findings in Section X. B. The Meridian Planning & Zoning Commission heard these items on April 4, 2024. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Hethe Clark, Clark Wardle (Applicant’s Representative) b. In opposition: None c. Commenting: Paula Connelly and Darcie Dillie d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Concern pertaining to smaller lots and higher density developing in the future on the holding area lot. 3. Key issue(s) of discussion by Commission: a. Desire for the Applicant to leave the Calkins Lateral open as linear open space and for wildlife; another Commissioner felt it was better to pipe the lateral to reduce evaportation of irrigation water and for efficiency. b. Preference for Phase 4 to be included in Phase 3; c. Appreciation of the transition in density proposed from large rural parcels; d. In favor of the proposed amenities and farm-style theme proposed for the development. 4. Commission change(s) to Staff recommendation: a. Modification to DA provision #A.1f to clarify that the holding area on Lot 11, Block 7 shall only be developed when municipal services are available to the site as requested by the Applicant. 5. Outstanding issue(s) for City Council: a. The Applicant requests City Council approval of a waiver to the maximum block face standards in UDC 11-6C-3F for four (4) block faces as noted in the staff report (condition #A.2e). Council may require traffic calming measures and/or additional pedestrian connections as provisions for a waiver. b. The Applicant request City Council amend condition #A.2h to require a 7-foot wide instead of a 20-foot wide common lot for the Givens Lateral easement along the western boundary of the site. C. The Meridian City Council heard these items on May 7, and 28, 2024. At the public hearing on May 28th, the Council moved to approve the project. Page 17 1. Summary of the City Council public hearing: a. In favor: Hethe Clark, Clark Wardle (Applicant’s Representative); David Moorehouse b. In opposition: None c. Commenting: Tina Dean; Paula Connelly; Chris Hayes; Julie Langlois d. Written testimony: Several letters of testimony were submitted (see public record) e. Staff presenting application: Sonya Allen, Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. Request for the holding area to be approved with lot sizes consistent with adjacent property sizes & approve the Applicant’s request for a 7-foot wide common lot where the Given’s Lateral is located; b. In support of the large lot sizes proposed, which will accommodate larger home sizes for diversity within the City; c. Request for a barrier to be installed with a “no trespassing” sign at the end of the multi- use pathway at the west boundary of the site; and safety concerns pertaining to poor visibility of the common area where the Calkins Lateral is located near the west boundary of the site where it curves to the west. 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s) to Commission recommendation: a. Council modified condition #A.2h to only require a 7-foot wide common lot to be provided along the west boundary of the site for the Givens Lateral. b. Council approved the Applicant’s request for a waiver to the block face standard for all blocks that exceed the maximum length and required the Applicant to work with ACHD to provide traffic calming in these areas (condition #A.2e). c. Council included a new condition requiring a barricade to be installed at the end of the multi-use pathway adjacent to the Calkins Lateral at the west boundary of the site with a “No Trespassing” sign (condition #A.3j). Page 18 VIII. EXHIBITS A. Annexation Legal Description and Exhibit Map Page 19 Page 20 Page 21 Page 22 Page 23 Page 24 Page 25 Page 26 Page 27 Page 28 Page 29 Page 30 Page 31 Page 32 Page 33 Page 34 Page 35 Page 36 Page 37 Page 38 Page 39 B. Preliminary Plat & Phasing Plan (dated: 2/29/24 4/8/2024) – REVISED Page 40 Page 41 Page 42 Page 43 Page 44 Page 45 C. Landscape Plan & Tree Mitigation Plan Page 46 Page 47 Page 48 D. Qualified Open Space & Site Amenity Exhibit (dated: 1/31/2024 4/23/24) – REVISED Page 49 Signs require a separate permit and are not approved with this application. Page 50 Page 51 Page 52 Page 53 Page 54 Page 55 Page 56 Page 57 E. Conceptual Building Elevations (dated: 9/20/21) Page 58 F. Conceptual Development Plan for Holding Area Page 59 IX. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the date of City Council approval of the Findings of Fact, Conclusions of Law and Decision & Order for the annexation request. A final plat application will not be accepted until the property is annexed (i.e. the ordinance and development agreement are recorded). The DA shall, at minimum, incorporate the following provisions IF City Council determines annexation is in the best interest of the City: a. Future development of this site shall generally comply with the development plans, including that for the holding area, submitted with this application, included in Section VIII, and the provisions contained herein. b. Comply with the Williams Developer’s Handbook for any development and/or improvements within the Williams pipeline easement. c. The existing home at 3801 S. Linder Rd. (Parcel #R0831430025) shall be allowed to remain on well and septic until such time as the property re-develops with Phase 4 and shall not be required to connect to City water and sewer service. The existing access via S. Linder Rd. is also allowed to be retained until such time as the property re-develops. Prior to the City Engineer’s signature on the Phase 4 final plat, the existing home, accessory structures and driveway via S. Linder Rd. shall be removed. d. The existing home at 3605 S. Linder Rd. (Parcel #S1226110575) shall disconnect from the existing well and septic system and connect to City water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. The well may be used for irrigation purposes. The driveway via S. Linder Rd. shall be removed and access shall be taken internally from within the subdivision. e. A 10-foot wide detached sidewalk/multi-use pathway shall be provided within the required street buffers along all collector and arterial streets within and abutting the site. f. The holding area at the southwest corner of the site, depicted as Lot 11, Block 7 on the preliminary plat, shall be re-subdivided prior to issuance of any building permits for that lot and shall only be developed when municipal water and sewer service are available to the site. g. A standard bus stop (size small) with a concrete pad 10’ x 10’ shall be provided along N. Linder Rd. just south of E. Pivot Dr. as requested by Valley Regional Transit (VRT). The purpose of the pad is to provide an ADA compliance boarding/alighting area. The pad will allow VRT to schedule a stop there as part of future route planning and place signage and a bench onsite. h. The use of common open space & site amenities shall be shared throughout the development, including the property in the holding area, which is proposed to be re-subdivided in the future. i. The rear and/or sides of 2-story homes on lots that face collector (S. Farmyard Ave. & E. Holstein Dr.) and arterial (W. Victory Rd. & S. Linder Rd.) streets shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step- backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated Page 60 architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 2. The final plat shall include the following revisions: a. The holding area lot (i.e. Lot 11, Block 7) shall be included in the third phase of development. The phasing plan was revised accordingly. b. Extend the right-of-way for S. Farmyard Ave. (the collector street via Victory Rd.) to the site’s east property line as required by ACHD. c. Widen the federal easement for the Calkins Lateral to 60-feet (30-feet each side from centerline) per Boise Project Board of Control’s letter, unless a lesser width is allowed. If a lesser width is allowed, submit a letter from the Boise Project Board of Control stating such. A lesser width of 40-feet (20’ each side of the center of the new pipe to be installed) is allowed as currently depicted. d. The common lot(s) containing the Calkins lateral shall be widened to accommodate a 10-foot wide multi-use pathway with 5-foot wide landscape strips on each side of the pathway outside of the Calkins lateral easement, unless the easement holder will allow these improvements within their easement. The plat was revised to include a 60-foot wide common lot, which will accommodate a 40-foot wide easement for the Calkins Lateral, as allowed by the Irrigation District, and a 20-foot wide common area outside the easement with a 10-foot wide multi-use pathway and 5-foot wide landscape strips on both sides of the pathway. e. The following blocks exceed the maximum block face length allowed in UDC 11-6C-3F: Block 7 (south side of S. Red Angus Way), Block 1 (west side of S. Moline Way), Block 5 (north side of E. Pivot Dr.) and Block 10 (south side of E. Pivot Dr.). The plat shall be revised to comply with the maximum block face standards prior to the City Council hearing and/or a request for City Council waiver(s) to the standards shall be submitted. A request for City Council waiver to the block face standards is requested for all of the aforementioned block faces. Council approved the Applicant’s request for a waiver to the block face standard for all blocks that exceed the maximum length with the provision that the Applicant work with ACHD to provide traffic calming measures in these areas in the form of bulb-outs, chokers, stamped concrete, etc. f. Depict a vehicle turnaround at the east end of Guernsey St. that meets Fire Dept. standards. Obtain approval from ACHD for the proposed street section. g. Depict 10-foot wide detached sidewalks/pathways along both sides of all collector streets (i.e. S. Farmyard Ave. and E. Holstein Dr.) and along the arterial streets (i.e. W. Victory Rd. and S. Linder Rd.) within and abutting the site. All pathways shall comply with the standards listed in UDC 11-3A-8; all parkways shall comply with the standards listed in UDC 11-3A-17. h. Obtain consent from the New York Irrigation District for the 7-foot wide easement for the Givens Lateral to be located along the rear of adjacent building lots along the west boundary of the site and for perimeter fencing to be installed on the property line within the easement. If consent cannot be obtained, depict the easement in a minimum 20-foot wide common lot landscaped in accord with the standards listed in UDC 11-3G-5B. A letter was received from the Boise Project Board of Control, who administers the easement, stating they will not allow anything within their easement (i.e. including a fence). Therefore, the 7-foot wide easement shall be placed in a 7-foot wide common lot. i. A minimum of 12.59-acres (or 548,420 s.f.) of common open space is required to be provided that complies with the quality standards listed in UDC 11-3G-3A.2 and the qualified open space standards listed in UDC 11-3G-3B. Changes to the plat may be necessary to comply with these Page 61 standards. An updated common open space exhibit shall be was submitted that demonstrates compliance with and exceeds the minimum standards prior to the City Council hearing, included in Section VIII.D. j. Depict root barriers where 6-foot wide parkways with Class II trees are proposed along collector and/or arterial streets per the standards listed in UDC 11-3A-17E.2. All parkways along local streets shall be 8-feet wide in order to qualify toward the minimum open space standards. 3. The landscape plan submitted with the final plat shall include the following revisions: a. Include all revisions to the plat noted above in #A.2, as applicable. b. No landscaping other than gravel is allowed within the Calkin’s Lateral easement unless otherwise approved by the Boise Project Board of Control. If landscaping is allowed, written confirmation of such is required to be submitted to the Planning Division. c. Depict the future curb location as anticipated by ACHD along W. Victory Rd. and S. Linder Rd.; depict a minimum 25-foot wide street buffer, measured from the ultimate curb location, along both streets. d. Depict landscaping with a mix of materials within the required street buffers along all collector and arterial streets, in accord with the standards listed in UDC 11-3B-7C.3; include calculations that demonstrate compliance. These buffers shall include enhanced landscaping as set forth in 11-3B-7C.3f with enhanced amenities with social interaction characteristics and enhanced context with the surroundings in accord with the standards listed in UDC 11-3G-3B.3. e. Depict landscaping with a mix of materials along each side of all pathways, in accord with the standards listed in UDC 11-3B-12C; include calculations that demonstrate compliance. f. Include a fencing plan with details of the proposed fencing that demonstrate compliance with the standards listed in UDC 11-3A-6C and 11-3A-7. g. Depict at least one (1) site amenity from the multi-modal category (see UDC Table 11-3G-4 for more information). A bike repair station is proposed from the multi-modal category. h. Include a detail for the picnic areas, children’s play structure (i.e. tot lot), public art, fitness course, sports courts, outdoor fire ring, commercial outdoor kitchen and multi-modal amenity bike repair station that demonstrates compliance with the standards listed in UDC 11-3G-4C, D, E and F. i. All common open space areas are required to include a minimum of one (1) deciduous shade tree for every 5,000 s.f. of area and include a variety of trees, shrubs, lawn, or other vegetative groundcover in accord with UDC 11-3G-5B.3. The landscape plan shall depict landscaping accordingly and include calculations demonstrating compliance with the minimum standards. j. Depict a barricade at the end of the multi-use pathway adjacent to the Calkins Lateral at the west boundary of the site with a “No Trespassing” sign. 4. All irrigation ditches, laterals, sloughs or canals, including the Calkins Lateral, crossing this site shall be piped or otherwise covered as set forth in UDC 11-3A-6B.3. 5. All existing structures that don’t comply with the dimensional standards of the applicable district shall be removed from the site prior to submittal of the final plat for City Engineer signature on the phase in which they are located. 6. Comply with the subdivision design and improvement standards listed in UDC 11-6C-3. 7. Comply with the Williams Developer’s Handbook for any development and/or improvements within the Williams pipeline easement. Page 62 8. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the clubhouse site and structure to ensure it complies with the design standards in the Architectural Standards Manual and UDC standards. 9. A minimum 14-foot wide public use easement(s) shall be submitted for all pathways required in the Pathways Master Plan, which are located outside of the public right-of-way. Such easement(s) shall be submitted with the final plat application for the phase in which it’s/they’re located and be recorded prior to signature on the final plat by the City Engineer. See Park’s Dept. comments below in Section IX.G for location of these pathways and associated easements. 10. Approval of a preliminary plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat. Upon written request and filing by the applicant prior to the termination of the period, the director may authorize a single extension of time to obtain the city engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of this title. B. PUBLIC WORKS https://weblink.meridiancity.org/WebLink/DocView.aspx?id=337944&dbid=0&repo=MeridianCity C. FIRE DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=337945&dbid=0&repo=MeridianCity D. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=340779&dbid=0&repo=MeridianCity E. ADA COUNTY DEVELOPMENT SERVICES (ACDS) No comments received. F. IDAHO TRANSPORTATION DEPARTMENT (ITD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=340163&dbid=0&repo=MeridianCity&cr =1 G. PARK’S DEPARTMENT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=342211&dbid=0&repo=MeridianCity H. BOISE PROJECT BOARD OF CONTROL https://weblink.meridiancity.org/WebLink/DocView.aspx?id=341064&dbid=0&repo=MeridianCity Calkins Lateral easement (updated comments): https://weblink.meridiancity.org/WebLink/DocView.aspx?id=342492&dbid=0&repo=MeridianCity Givens Lateral easement: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=342665&dbid=0&repo=MeridianCity I. VALLEY REGIONAL TRANSIT https://weblink.meridiancity.org/WebLink/DocView.aspx?id=340635&dbid=0&repo=MeridianCity Page 63 J. WEST ADA SCHOOL DISTRICT (WASD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=343177&dbid=0&repo=MeridianCity K. ADA COUNTY HIGHWAY DISTRICT (ACHD) https://weblink.meridiancity.org/WebLink/DocView.aspx?id=340686&dbid=0&repo=MeridianCity Staff report for H-2021-0070: https://weblink.meridiancity.org/WebLink/DocView.aspx?id=263214&dbid=0&repo=MeridianCity X. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required 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 City Council finds the Applicant’s request to annex the subject property with R-2, R-4 and R-8 zoning districts and develop the site with single-family detached dwellings is generally consistent with the Comprehensive Plan per the analysis in Section V. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment to the R-2, R-4 and R-8 zoning districts and single-family development generally complies with the purpose statement of the residential districts in that it will contribute to the range of housing opportunities available in the City consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future single-family residential homes/uses in the area. 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 The City Council finds City services are available to be provided to this development. Comments were not received from WASD on this application and are included in Section IX.J above. 5. The annexation (as applicable) is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the city. Page 64 B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat generally conforms with the Comprehensive Plan and will be in conformance with the UDC if the Applicant complies with the conditions of approval in Section IX above. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds public services can be made available to the majority of the subject property and will be adequate to accommodate the proposed development. Sewer service cannot be provided to the holding area at the southwest corner of the site at this time or in the near future. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30- 2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development.