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HomeMy WebLinkAboutOakcreekCITY OF MERIDIAN ~~E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION & ORDER In the Matter of Annexation and Zoning of 318.74 Acres from Ada County RUT to R-4 (Medium low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres) and R-15 (Medium-high Density Residential) (56.82) and Preliminary Plat on 30.72 Acres Consisting of 139 Lots including 118 Residential Lots and 21 Common Lots in a proposed R-8 Zoning District for Oak Creek Subdivision, by Norpac, LLC Case No(s). AZ-08-004 and PP-08-003 For the City Council Hearing Date of: October 7, 2008 (Findings on the October 28, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 7, 20.08 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 7, 2008 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 7, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 7, 2008 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. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -1- 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 parry requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, Concept Plan, Development Agreement and the Conditions of Approval all in the attached Staff Report for the hearing date of October 7, 2008 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Annexation and Zoning request as evidenced by having submitted the legal descriptions and exhibit map, stamped and dated February 21, 2008 by Gregory G. Carter, PLS, is hereby conditionally approved; 2. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of October 7, 2008, incorporated by reference. 3. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat, dated 1/25/08, is hereby conditionally approved; 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 7, 2008, incorporated by reference. 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 one (1) year of the combined preliminary and final plat or short plat. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O8-004 and PP-08-003 -2- 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 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 termination of the period in accord with 11-6B-7.A, 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 maybe 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. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (1) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-SB-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission maybe granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. 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 maybe 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 maybe adversely affected by the issuance or denial of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -3- 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 October 7, 2008. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -4- By action of the City Council at its regular meeting held on the ~ ~ day of (`~[' , , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED_~ar COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED ~- (TIE BREAKER) Mayor T de Weerd Attest: `,.~`~~'~ 0~ ~~®~~9,~'~,~'~ ~~~ F -. o - ~ = Jaycee H an, City Clerk ~ ~ ~~ Copy served upon Applicant, Th~~il;'~-~fepient, Public Works Department and City ~~~~~+n i n i „~~~'`~ Attorney. By: Dated: ~ I^c~'~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-08-004 and PP-08-003 -5- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 STAFF REPORT Hearing Date: October 7, 2008 TO: Mayor and City Council FROM: Bill Parsons Associate City Planner 208-884-5533 E IDIAN~-- IDAHO SUBJECT: Oak Creek • AZ-08-004 Annexation and Zoning of 318.74 acres from Ada County RUT to R-4 (Medium-low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres) and R-15 (Medium-high Density Residential) (56.82) by Norpac, LLC • PP-08-003 Preliminary Plat on 30.72 acres into 1391ots including 118 residential lots and 21 common lots in a proposed R-8 zoning district NOTE: This project has been continued from the June S, 2008 Planning and Zoning Commission meeting. The reason for the long continuance was so the applicant could have the time to address staff's concerns regarding a detailed concept plan for the entire 318 acres, the serviceability of the proposed development and the Highway 16 alignment study. Further, the applicant has provided Public Works with the pertinent information for the construcdon of a temporary lift station to accommodate sewer concerns for the additional acreage that is located outside of the current Black Cat sewer shed The applicant also wanted an opportunity to address concerns raised in the staff report and has proposed DA provisions that should be tied to this AZ request, if the site is approved for annexation. Staff has updated the staff report and is now recommending approval, not denim Staff has provided additional analysis of the revised concept plan, added conditions of approval for the preliminary plat and inserted the applicable DA provisions below 1. SiJNIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Norpac, LLC, has applied for Annexation and Zoning (AZ) approval of 318.74 acres of land from the RUT zoning district in Ada County to the R-4 (Medium-low Density Residential) (69.72 acres), R-8 (Medium Density Residential) (192.20 acres) and R-15 (Medium-high Residential) (56.82 acres) zoning districts. Concurrently, the applicant has submitted for Preliminary Plat (PP) approval of 139 lots consisting of 118 residential lots and 21 common lots on 30.72 acres. NOTE: The 30 acre plat is included in the 318 acres the applicant is requesting for annexation. At this time the applicant is only proposing to develop (plat) a 30 acre pazcel located near the southwest corner of McMillan Road and Black Cat Road because city services aze available to that parcel with the expansion of the Black Cat trunk. The remainder of the property proposed for annexation only (288 acres) is expected to develop in the future, as there are no city services available for the subject site until the Can-Ada lift station is constructed. (NOTE: Public Works has master planned sewer services in the area however; the funding and timing for the construction of the Can Ada lift station has not been determined) Currently, TTD is conducting the Highway 16 alignment study and associated environmental review to determine the location and right-of way acquisition for the future construction of Highway 16. Portions of this site may be needed for right-of--way for the Highway 16 expansion. Further Oak Creek AZ PP PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 development of 288 acres will be subject to the availability of city services and the completion of the Highway 16 alignment study. (NOTE: The alignment study is expected to be concluded by the end of 2009 and the public hearing to act on the draft environmental review is scheduled for February 2009.) Due to the timing constraints of not having sewer service available and not knowing where or how much right-of--way will be needed for Highway 16, the applicant is only proposing a conceptual plan for how the site is expected to develop in the future. The subject site is expected to develop as a mixed use residential master planned community. The applicant is proposing three different neighborhood plans and zoning districts to provide communities for all income ranges. Each community proposes a range of product types (single family detached, town homes, ally loaded, single family attached and multi-family) and densities associated with them. On the concept plan, the traditional single family neighborhood offers 215 home sites and consists of 69 acres, zoned R-4; the Mixed Density Single Family Neighborhood offers 1,000 home sites on 192.22 acres zoned R-8; and the Mixed Density area consists of 56.82 acres, zoned R-15. The project and conceptual plan will be further discussed in Section 10. The subject site is located generally east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard and north of Ustick Road including the southeast and northeast corners of W. McMillan Road and N. McDermott Road; and near the southwest corner of W. McMillan Road and N. Black Cat Road, in Sections 28 and 33, T.4N., R.1W. The subject property is currently within the City's Impact 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 a recommendation for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Oak Creek development (AZ-08-004 and PP-08-003) based on the Analysis and Findings of Fact as listed in Exhibit D. The Meridian Planning & ZOriing Commission heard these items on June 5, 2008 and August 21, 2008. At the August 21, 2008 public hearing the Commission voted to recommend approval of the subiect AZ and PP request. a. Summary of Commission Public Hearing: i. lin favor: Becky McKay. Thomas Coleman, Tom Coleman ii. in opposition: None iii. Commenting• None iv. Written testimony: Mike Huebschmann in opposition of the project. Walt Morrow in favor of the proiect. Kevin Howell regarding sewering his property as part of the interim lift station. v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Scott Steckline b. Key Issue(s) of Discussion by Commission: i. The Highway 16 alignment study occurring in the area and restricting access to McDermott Road until the study is completed. ii. The interim lift station the applicant is proposing to construct to develop the remaining 288 acres. In particular, the Commission discussed the capacity of the current wastewater treatment plant and the potential to upgrade the interim lift station for future properties that may request annexation if this site was approved. iii. The Commission wanted further clarification from the applicant regarding the Five Mile Creek restoration project which the applicant has agreed to participate in. iv. The use of reclaimed water for the northern portion of the proposed development. Oak Creek AZ PP PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 v. Other platted properties in the vicinity of this proposed proiect. c. Key Commission Change(s) to Staff Recommendation: i. An aunroved new content elan deuicting how the site may develop a portion of the R-15 zoned property has been attached as Exhibit A.2 and A.3. d. Outstanding Issue(s) for City Council: i. The Council should determine if this site should be annexed prior to the completion of the Highway 16 Alignment study and without the construction of the Can-Ada lift station. The Council should determine if annexing this property in the best interest of the City at this time. ii. Staff recommends that the Council direct staff to update the DA provision to remove the reauirement of an 8 acre park and modify this provision to include "development is to provide a minimum of 15.45 percent common open space for the entire development (excluding the 30 acre plat) to include the Western Ada Recreation Center parcel. The development shall include a central park area of at least 6 acres with a clubhouse and pool for the homeowners, as generally depicted on the Concept Plan. The park shall be included within the first two phases of the development north of McMillan Road (Phase 3 or 4 :' a, mmarv of Citv Co nc'1 Public Hea 'n~: L In favor: Becky McKay. Thomas Coleman. Tom Coleman i(. In onnosition: None ~, Commenting: Gary Lees Barbara Waterfield LY. Written tes 'mono: ike Huebcc ma n. Ke 'n Howell y. staff nresentinu application: Bill Parsons Yi. Other staff co men 'na on ann ication: Kyle Radek. nna Ca nines. Tom Barry j~. ev Issues of Discussion by Council: i. The Council encouraged the applicant to coor inate with Settlers Irrigation District • to aesthetically improve the portion of the property within the 50-foot easement . ji, Future improvements needed to mitigate for increased traffic generated by the l'll. The Council wanted a method established to notify potential home buyers of future State'Hi~hwav 16 adiacent to McDermott Road . ~. The Counci discussed if the wastewater treatment plant had the ca aci . to service the 300 acres ~, . Key Council han~es to Staff/Commission Reco mendation L Modify DA provision to allow a 6 acre park and provide a total of 12 percent oven mace exclu ins the plat . ii. Added a DA provision: The applicant shall provide a method for notification to future home owners of State Hi~hwav 16 extension alone the McDermott Road ' or. as determined by the Planning Director 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-08- 004 and PP-08-003 as presented in the staff report for the hearing date of October 7, 2008, with the following modifications: (add any proposed modifications.) Oak Creek AZ PP PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-08-004 and PP-08-003, as presented during the hearing on October 7, 2008, 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-08-004 and PP-08-003 to the hearing date of (insert continued hearing date here) so the Planning Department can draft conditions for approval (you should state any other reasons for continuance). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Generally east of N. McDermott Road, west of N. Black Cat Road, south of Chinden Boulevard and north of Ustick Road including the southeast and northeast corners of W. McMillan Road and N. McDermott Road; and near the southwest comer of W. McMillan Road and N. Black Cat Road, in Sections 28 and 33, T.4N., R.1 W. b. Owner(s): Norpac, LLC 1025 S. Bridgeway Place, Suite 280 Eagle, ID 83616 c. Applicant: Same as Owner d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 318.74 acres to R-4 (69.72 acres), R-8 (192.20 acres) and R-15 (56.82 acres) and Preliminary Plat approval of 118 single-family building lots and 21 common lots on 30.72 acres in the proposed R-8 zoning district. Approximately 10% percent (3.08 acres) of the area being subdivided is being set aside for open space. The remainder 288 acres is not proposed for development at this time. 1. Date of preliminary plat (attached in Exhibit A): 01/25/08 2. Date of landscape plan (attached in Exhibit A): 12/17/07 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 11 Chapter 5, a public hearing is required before the Planning & Zoning Commission and 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 Planning & Zoning Commission and City Council on this matter. Oak Creek AZ PP PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 c. Newspaper notifications published on: May 19, 2008 and June 2, 2008 (Commission); September 15 and September 29, 2008 (City Council) d. Radius notices mailed to properties within 300 feet on: May 8, 2008 (Commission); September 12, 2008 (City Council) e. Applicant posted notice on site by: May 25, 2008 (Commission); September 27, 2008 (Cit_y Council 6. LAND USE a. Existing Land Use(s): A majority of the subject site is currently vacant agricultural land. A few of the larger parcels are developed with single family homes and associated out buildings. b. Description of Character of Surrounding Area: This area is composed of primarily agriculture land and farm homes on large parcels. The subject project, if approved, will constitute a significant change in use for this area and begin the transition from rural to urban for the sections located along Black Cat, McMillan and McDermott Road. c. Adjacent Land Use and Zoning: 1. North: Rural residences and agriculture, zoned RUT (Ada County) 2. East: Rural residences and agriculture and Keego Springs, zoned RUT (Ada County) and R-8 3. South: Rural residences and agriculture, zoned RUT (Ada County) 4. West: Rural residences and agriculture, zoned RUT (Ada County) d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is proposing to construct an interim lift station to sewer to the City of Meridian Waste Water Treatment Plant. Location of water: N Black Cat Rd and W McMillan RD Issues or concerns: None 2. Canals/Ditches Irrigation: The preliminary plat shows the Settler's Canal transverses through the development. Other laterals/ditches will be addressed as other plats are proposed during additional phases of development. 3. Hazards: On the submitted Preliminary Plat, the subject site does not fall within any FEMA Flood Zone; referenced firm panel 16001 C0139H, dated February 19.2003. 4. Proposed Zoning: R-4 (Medium-low Density Residential), R-8 (Medium Density Residential) and R-15 (Medium-high Density Residential) 5. Size of Property: 318.74 acres (includes 30.72 acres proposed with a preliminary plat) f. Subdivision Plat Information: 1. Residential Lots: 118 2. Non-residential Lots: 0 3. Total Building Lots: 118 4. Common Lots: 21 Oak Creek AZ PP PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 5. Other Lots: 0 6. Total Lots: 139 7. Gross Density: 3.84 dwelling units per acre 8. Minimum Lot Size: 5,000 squaze feet g. Subdivision Landscaping 1. Width of street buffer(s): 25 feet adjacent to W. McMillan Road and N. Black Cat Road 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: 10.03% (3.08 acres) useable open; 5.06 acres (16.4%) common open space. h. Off-Street Pazking: 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 gazage. i. Summary of Proposed Streets and/or Access for the 30 acre plat: The entrances into this site aze from N. Oakstone Avenue which is proposed to intersect W. McMillan Road and W. Quintale Street which is proposed to intersect N. Black Cat Road. A total of eight public streets are proposed to provide internal circulation through out the development. In addition, four of the streets stub to adjacent property owners for future connectivity. The typical street section is expected to be constructed as 36-foot street section (measured from back of curb to back of curb) with 7 feet of landscaping on each side within 50-feet of right-of- way. The applicant is proposing 5-foot detached sidewalks which require an easement with ACHD. Staff is generally supportive of the proposed street system. 7. COMMENTS MEETING On May 16, 2008 a joint agency and department meeting was held with service providers in this azea. The agencies and departments present include: Meridian Fire 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 The subject site is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwelling units per acre (see Page 99 of the Comprehensive Plan.). The overall density of the azea proposed for annexation is anticipated to have a gross density of 5 dwelling units to the acre; the subject preliminary plat has a gross density of 3.84 dwellings per acre. At this time, the applicant is only proposing to develop approximately 30 acres which is the only azea that can be serviced with city water and sewer at this time. The remaining 288 acres of the azea proposed for annexation is not proposed for development as city services are unavailable. Further, the Meridian Comprehensive Plan specifically states to limit annexations and new development within the McDermott Road azea until a plan is approved that specifies the SH 16 right-of--way locations and associated right-of--way acquisition needs. The applicant is proposing to construct a temporary lift station that will provide sewer services to the remaining 288 acres that are not in the first preliminary plat phase (plans have been reviewed by Public Works to determine if the proposed temporary lift station can adequately service the remaining 288 acres.) In addition, the applicant is proposing to not develop/plat within 700 feet east of McDermott Road until the alignment study is complete for Highway 16. Oak Creek AZ PP PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Through the DA process, the applicant and staff believes that the Comprehensive Plan policies regarding the lack of services provided to the site and a portion of the property being adjacent to McDermott Road have been addressed/mitigated. In addition to the above analysis, Staff finds the following Comprehensive Plan policies apply to this application (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. 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 can only be reasonably extended to the 30 acre parcel proposed for platting at the developer's expense. A vast majority of the site is not currently readily available with city services. The applicant is proposing to construct an interim lift station to service the reaming 288 acres. Sizing requirements will be determined by Public Works. - 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 Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriff's 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 (ACFID). This service will not change. The subject lands are currently serviced by the Meridian School District No. 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 IV, Goal I, Objective A, Action 6 -Permit new residential, commercial and industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. The 30 acre parcel proposed for development is not contiguous to the current city limits. The only point of contiguity is through the 288 acres that is proposed for annexation but not proposed for development at this time to due lack of service availability. At this time services can only be provided to the 30 acre parcel the applicant is proposing to develop. The remaining 288 acres do not and will not have city services available until the Can Ada lift station is constructed. (NOTE: Public Works has master planned sewer services in the area, however the funding and timing for the construction of the Can Ada lift station has not been determined) • Chapter VI, Goal II, Objective A, Action 8 -Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit oriented development as appropriate. The applicant has submitted a master pathways plan that has made provisions for pedestrian and multi-use pathway throughout the 318 acres proposed for annexation. The master pathway plan is generally consistent with the Comprehensive Plan Future Land Use Map and Master Pathways Plan. Oak Creek AZ PP PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regulaz intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes four stub streets to adjacent properties. All of the stub streets extend to parcels currently zoned RUT in Ada County, which staff anticipates will re- develop in the future. Staff believes that the applicant has done a nice job of providing for future connectivity to the west, south, and east of the proposed development. On the submitted concept plan the applicant has made provisions for future vehicular and pedestrian connectivity as well. Said street layout and pedestrian connectivity is subject to the DA recommended for the site. • Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. The surrounding area is primarily agricultural land with rural uses and does notprovide opportunities for connection with collectors and local streets. On the revised concept plan, the applicant has provided a more detailed collector and local street layout then previous reviewed. The conceptual layout appears to provide good connectivity to McMillan Road as well as internally within the development. The applicant has also provided stub streets to the surroundingproperties forfuture connectivity. The applicant is not proposing connectivity to McDermott Road until the HYYY 16 Alignment Study is completed. The proposed street layout will be subject to the DA provisions recommended for this site. • Chapter VI, 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. As mentioned earlier; the applicant has made provisions for pedestrian and multi-use pathways within the annexation area. Future phases are expected to comply with the Master Pathways plan. However, a majority of the uses surrounding the subject parcels are agricultural uses and provide no connectivity. Staff believes that the applicant has done a good job providing internal connectivity for the proposed property. • Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or aze 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. The proposed plat and landscape plan depict landscaped common areas along McMillan Road and Black Cat Road. The applicant is proposing R-8 zoning which has a higher density than the surrounding area that is still under the County's jurisdiction. If the subject plat is approved it would create a higher density subdivision surrounded by RUTAda County parcels. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent pazcels. The applicant is proposing a residential zone. Staff finds that, at this time, the existing rural single family residential properties in the near vicinity are currently not compatible with the density the applicant is proposing with the submitted preliminary plat however; the proposed zoning districts are compatible with the land use designation of the property. • Chapter VII, Goal N, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. Oak Creek AZ PP PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008. The applicant is proposing 3.06 acres (or 10.03% of the preliminary plat site) as open space, including a tot lot, sitting benches, picnic area and pocketpark with a pathway. The applicant is also proposing four additional pocket parks and central neighborhood park with amenities for future residents to use for recreation. The proposed open space will be subject to the DA provisions recommended for this site. • Chapter VII, 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 applicant is proposing medium-low density, medium density, and medium-high density housing within this area. Types of housing are single family detached homes, town homes, patio homes, multi family and alley loaded product which should provide a range of housing opportunities in this area. Staff recommends 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. UNIFIED 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, R-8 and R-15 zoning districts. Single family detached, attached, duplexes and townhomes are principally permitted in the R-8 and R-15 zoning districts. Multi- family developments are permitted in the R-15 with CUP approval. b. Purpose Statement of Zone: R-4, R-8 and R-15 Zoning Districts: 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: The Applicant is requesting approval to annex and zone 318.74 acres from the RUT zoning district in Ada County to the R-4, R-8 and R-15 zoning districts in the City. All of the property is currently designated on the Comprehensive Plan Future Land Use Map for Medium Density Residential. The applicant is proposing a mix of residential uses which generally complies with the density requirements of the Comprehensive Plan. The purpose statement of the Residential Districts states connection to the City of Meridian water and sewer systems is a requirement for all residential districts. The applicant's annexation path is through parcel # 50428143240 which connects with Keego Springs Subdivision on the east side of Black Road and north of the Volterra Subdivision. The applicant is requesting the annexation of the overall area to develop a 30 acre portion of the property located on the southwest corner of McMillan Road and Black Cat Road. The remainder of the property proposed for annexation (288 acres) is expected to develop in the future as there are no city services available for the subject site until the Can-Ada lift station is constructed. Because there are no definite plans for the construction of the Can-Ada lift station, the applicant is proposing to construct an interim lift station to provide sewer services for the remaining acreage. NOTE: Staff still has concerns with the annexation of this property. Oak Creek AZ PP PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 If the subject AZ request is approved, it opens Pandora's Box and creates an annexation path for other properties to request annexation that are outside of the Black Cat Sewer Shed and cannot be provided city services. Staff is confident that the applicant's proposal can work, but we do not want to set a precedent for other potential developers in this area to construct lift stations to sewer out of the master planned shed. There is a very real possibility that the City will see similar requests if this project is approved. The annexation legal description submitted with the application (stamped on January 29, 2008 by Gregory Carter, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-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 ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission and Council decide it is in the best interest of the City to annex this property, 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 898-5506 to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall incorporate the following, in addition to provisions the Commission and Council deem appropriate (NOTE: This is staff's best stab at some appropriate DA provisions, but should not be considered a comprehensive list): The applicant shall be responsible for all costs associated with the sewer and water service extension. Any and all 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. The applicant shall be responsible for all costs associated with the required interim lift station and pressure sewer line. The stations 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. At completion of construction, the station will be donated to the City of Meridian who will own and maintain the lift station. The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. No dischazge from the station will be allowed until all plant upgrades aze complete to the City of Meridian Waste Water Treatment Plant. The approval to except dischazge Oak Creek AZ PP PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 must be approved by the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department. Approved upgrades to the purposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant. Water service to this site is being proposed via extension of mains in N Black Cat Road and McMillan Road. The applicant shall be responsible for the installation of 12-inch diameter water mains to and through this developments arterial frontage. Also a 12-inch diameter connection shall be made in Black Cat Road to the north east portion of the project prior to the start of phase six construction. Due to fire flow requirements the applicant will need to construct a 12-inch diameter main from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12- inch diameter main currently being installed with the Ten Mile & McMillan intersection widening project. This connection will need to be installed before phase six of the applicant's plan, and maybe eligible for partial reimbursement. If the 12- inchwater main from Ten Mile & McMillan is installed by another developer prior to phase six construction the applicant will not be responsible to participate in construction of the required main extension. Prior to phase five the applicant shall provide a domestic well site North of McMillan Road to support water demand needs to the purposed subdivision and surrounding areas. This well site will be owned and maintained by the City of Meridian. Contact the Public Works Department for size and any alternate locations. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. The applicant we be responsible to construct a 10 (ten) inch AWWA C900 PVC purple reuse main with 14 gauge insulated wire that will be attached to the pipe for locating purposes. The construction will start from the City of Meridian treatment plant continuing northwest along the Five Mile Creek ending in the Southwest comer of the purposed subdivision. All infrastructures on-site and off-site must be constructed with approved purple pipe. With the required construction of this main the applicant shall be eligible to enter into a structured reimbursement agreement with the City of Meridian. Reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe). The detailed agreement with the reimbursable amount shall be approved by City Council prior to development plan approval. The elevations proposed and submitted with the preliminary plat shall substantially comply with the three building elevations submitted with this application included in Exhibit A and approved with this application. All other conceptual elevations shall be reviewed at the time the applicant plats any portion of the remaining 288 acres and shall substantially comply with the conceptual elevations in Exhibit A. Owner/Developer shall develop the property in accordance with the uses, dimensional standards and design guidelines in the UDC at time of application submittal to the City. Owner/Developer shall develop the property generally in accordance with the Concept Plan in Exhibit A. Owner/Developer may tailor the particular distribution Oak Creek AZ PP PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 and configuration of uses to meet actual mazket demand at the time of development and complies with the applicable zoning district, provided that the Planning Director determines the integrity of the Concept Plan remains substantially equal or better. For example, the central park area maybe relocated or altered if the Planning Director determines the park amenity is substantially equal or better in size or character than originally depicted. • Prior to the issuance of any building permits, Owner/Developer shall subdivide the property in accordance with the UDC. • Owner/Developer shall not submit a preliminary plat on the west 700 feet that adjoins the current location of McDermott Road until such time as the Idaho Department of Transportation determines the State Highway 16 alignment. Access to McDermott Road shall be subject to approval by City Council and ACHD and shall be evaluated on the status of McDermott Road at that time. • The development shall be allowed up to two full street accesses on the north side and two full street accesses on the south side of McMillan Road, as generally depicted on the Concept Plan, if also allowed by ACHD. • The development shall be allowed one temporazy street access to Black Cat Road (northeast corner of the development), which will be closed once a collector street is constructed through adjacent pazcels SO428143150 & SO428410000, as depicted on Exhibit A. • Owner/Developer shall provide a continuous collector system in the development north of McMillan Road. The collector will stub to the north boundary for future extension to state Highway 20/26, as generally depicted on the Concept Plan. • Owner/Developer shall stub public street access to the following adjacent parcels at such time as the development occurs adjacent to these pazcels: 86991222200, SO428143000,SO428410000,SO428449010,50433212400,SO428325600 and SO428143150, as generally depicted on the Concept Plan in Exhibit A. • Subject to Ada County Highway District review and approval, Owner/Developer shall incorporate traffic calming devices (which shall not include speed bumps or valley gutters) in the collector street network. • Owner/Developer shall construct a 10-foot wide multi-use pathway consistent with Owner/Developer's pathway plan and the Meridian Parks Department Master Pathway Plan. • The development shall include a central park azea of at least ~ 6 acres with a clubhouse and pool for the homeowners, as generally depicted on the Concept Plan. The development shall provide a minimum of 12 percent common oven space for the entire development (excludine the 30-acre platl. The pazk shall be included within the first two phases of the development north of McMillan Road (Phase 3 or 4). • The development shall include at least four pocket pazks, totaling a minimum of 5 acres. Each pocket pazk shall include at least two amenities (e.g., play equipment, bocce ball azeas, rock climbing, picnic azea etc.). • Owner/Developer shall support the restoration and enhancement of Five Mile Creek as a natural amenity, as proposed and/or approved by the City, Nampa-Meridian Irrigation District and the U.S. Army Corps of Engineers. • Owner/Developer shall coordinate with Western Ada Recreation District concerning a possible 4.5 acre +/- site lying within the southwest portion of the development. In the event the Western Ada Recreation District decides not to acquire and to construct the public sw~mm;ng facility, the azea allocated for the District will be developed as private open space with a recreational amenity (e.g., splash pad, fishing pond, sports Oak Creek AZ PP PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 field, play equipment, bocce ball, rock climbing, etc.) and shall be centrally located within the development and shall be a minimum of 2.5 acres. • Owner/Developer shall install all perimeter and internal common azea landscaping for each phase at the time of final plat recording and prior to the occupancy of any structures within that phase. • The development shall include a minimum of 1,000 residential units and a maximum of 1,300 residential units. Total number of units includes the entire product types proposed and attached in Exhibit A. • Owner/Developer and City agree to amend the property's zoning as needed to accommodate the movement of a street or similaz minor modification that affects the boundaries of the approved zones within the property. Amendment of the Development Agreement shall not be required for such minor amendments to the zones. The applicant shall submit all necessary application materials to apply for and complete the rezone process. • The applicant shall provide a method for notification to future home owners of State iehwav 16 extension along the McDermott Road corridor. as determined by the Planning Director. Concept Plan: The applicant has submitted a concept plan for how the site may develop. The subject site is expected to develop as a mixed use residential master planned community. The applicant is proposing three different neighborhood plans and zoning districts to provide communities for all income ranges. Each community proposes a range of product types (single family detached, town homes, ally loaded, single family attached and multi-family) and densities associated with them. The traditional single Family neighborhood offers 215 home sites and consists of 69 acres, zoned R-4; the Mixed Density Single Family Neighborhood offers 1,000 home sites on 192.22 acres zoned R-8; and the Mixed Density azea consists of 56.82 acres, zoned R-15. eeneept-pl&a; Staff is supportive of the mix of residential uses proposed for the project. The applicant has updated the concept plan to primarily reflect the proposed street layout and access with the proposed annexation request. Staff has analyzed the stub streets and access points associated with the 30 acre plat below. The Commission should be advised this is a concept plan and is subject to change. Through the subject DA that is required, staff will ensure this site will develop in a similar fashion proposed by the applicant. The applicant has asked for flexibility with the future design of the remaining 288 acres. On the submitted concept plan, access roads are not shown to McDermott Street because of the Alignment Study currently in process. Staff has reviewed the submitted concept plan and believes the applicant has provided adequate stub streets to the adjacent property owners for future connectivity. A collector street is proposed to stub to at the mid-mile (north) which is consistent with Comprehensive Plan and ACRD standards. In the interim, the applicant is proposing a collector street to access Black Cat in the northeast corner of the development. This access will terminate and stub to the adjacent parcel south (as shown on the submitted concept plan); once that parcel Oak Creek AZ PP PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 and the northeast portion develops in the future. Staff is supportive of the conceptual street layout proposed by the applicant and any future development (plats) should substantially comply with this layout. Housing Types: The applicant has included Elevations for the product type proposed with the conceptual development. Staff has included the elevations in Exhibit A. The applicant is proposing a variety of housing types such as Single Family Homes, Green Court Homes, Paseo Homes, Duet Homes, Two-Unit Townhomes, Tuck-Under Townhomes, and Mansion homes. Each product type is described as follows: • Single Family -These are the largest and most traditional homes offered in Project. They range in size from 1,701-4,000 square feet and include 6 different floor plans with a minimum of 9 distinctive elevations. • Green Court -The green court product are generally smaller homes arranged around a common green space and functions as a social gathering space for future residents. Home sizes range from 1,200-2,000 square feet • Paseo -These are alley loaded products that are specifically designed for ,the "Traditional Neighborhood" home buyer, yet still p\encourages interaction among residents by orienting homes onto an open space corridor. This series contains 3 distinctive exterior treatments that range in size from 2,159-2,442 square feet. • Duet -Alley loaded product attached at the garage only. Front streetscape appears as an individual single family detached unit. Private outdoor living spaces through the use of front or side courtyards. Home sizes range from 1,500-2,000 square feet. • Two-Unit Townhomes -Front loaded townhomes with architecture forward to enhance the streetscape. Home sizes range from 1,400-2,250 square feet. • Tuck-Under Townhomes -The tuck-under Townhomes are marketed toward the buyer who desires anon-traditional home in a traditional neighborhood. Homes range in size from 1,500-1,750 square feet. • Mansion -The mansion home product generally consists of three to six units arranged in a manner to give the appearance of large estate home. Garages are located in the rear off of an alley. The units range in size from 1,000 -1,950 square feet. If this product is proposed with future phases of the development it should require CUP for Multifamily development. Future Amenities: The applicant has worked with Western Ada Recreation District to locate a facility located on a 4.4 acre parcel near the southeast corner of W. McMillan Road and N. McDermott Road. in addition, the applicant is proposing recreational and open space amenities through out the 318 acre development. Conceptually, the overall proposed open space encompasses more than 30 acres which is approximately 11 % of the project area. The project is expected to provide and expansive pathway and park system which includes 10,295 lineal feet of multi-use pathways and 23,4471ineal feet of pedestrian pathways. The pathways are to provide an interconnected system that will connect with the central park, neighborhood parks, open space areas, and the Western Ada County Recreation Center proposed within the development. 2. PP Application: The applicant is requesting Preliminary Plat approval of 118 single-family residential building lots and 21 common lots on 30.72 acres in the proposed R-8 zoning Oak Creek AZ PP PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 district. The applicant is proposing to construct this subdivision in 2 phases as shown on the phasing plan attached as Exhibit A.S. Staff has reviewed the proposed preliminary plat and found that the dimensional standards proposed substantially comply with the Unified Development Code. Master Pathway Plan: At this time, the applicant is only proposing to develop a 30 acre parcel neaz the southwest corner of W. McMillan Road and N. Black Cat Road. According to the City's Master Pathways Plan this pazcel is not identified as having a pathway designated in the development. However, the applicant has provided pedestrian connectivity for the future residents, on the 288 remaining acres, to use for recreation. In addition, the applicant has submitted a master pathway plan for the remaining pazcels to show how future pedestrian and multi-use pathways will function as future phases are proposed for development. Staff is generally supportive of the applicant's pathway plan and believes it meets the intent of the City's Master Pathway Plan. Staff has included a provision in the draft DA that the applicant comply with both pathway plans. Open Space/ Amenities: UDC 11-3G-3 requires a minimum of 10% common open space for all developments exceeding five acres in size. The UDC also requires one additional site amenity for each additiona120 acres of development area. The proposed site amenities aze as follows: 1) The applicant is providing 3.06 acres of usable open space, which equals approximately 10.03% of the total development azea. 2) A 1.4 acre pocket pazk is proposed and includes a picnic table and structure, tot lot, sitting benches and a 5-foot pathway which provides connectivity with the sidewalks in the proposed development. The applicant's open space and amenities plan complies with the UDC. Landscaping: The landscape plan prepazed by Jensen Belts Associates, on December 12, 2007, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 10.03% (3.06 acres) of the site for useable open space, as proposed. • The applicant should construct a minimum 37-foot wide street buffer along the entire length of W. McMillan Road (an arterial street) and a 35-foot wide street buffer N. Black Cat Road, exclusive of ACHD right-of--way required for the ultimate street section, as proposed. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. • Landscaping adjacent to all pathways should be designed in accordance with UDC 11-3B-12. • Depict fencing adjacent to micro-paths in accordance with the standazds listed in UDC 11-3A-7. • 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 azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. • Provide fencing along the common lots 1, Block 12, Lots 14 and 16, Block 10 and lots 1, 23 and 25, Block 13 per UDC 11-3A-7A-7. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Traffic Study: A traffic study was submitted for ACHD review. Staff has attached a copy of the letter highlighting ACHD comments regazding the Traffic Impact Study in Exhibit A. At Oak Creek AZ PP PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 build out the project is expected to generate an estimated 17,328 total trips. During the am peak hour traffic is expected to generate 1,307 trips and the pm peaks hour trips are estimated at 1,818 trips. As the project develops the City, ACRD and ITD should require the necessary improvements as phases are proposed for development. Oak Creek Subdivision (Phase 1) is estimated to generate an average ADT of 1,043 with 82 am peak hour trips and 110 pm vehicle trips. ACRD has commented on the appropriate roadway improvements to accommodate the increased traffic. See Exhibit B. Stub Streets: The applicant is proposing four stub streets to adjacent properties: These proposed streets are listed below: • W. Quintale Street stubs to the property to the west. • N. Oakstone Avenue stubs to the property to the south. • W. Torana Court stubs to the Ada County parcel in the southeast corner. • The partial cul-de-sac that connects W. Los Flores Street and N. Maplestone Way stubs to the parcel in the northeast corner. Staff is supportive of the stub streets proposed for future residential developments. The applicant should be required to provide public stub streets to the afore-mentioned parcels as proposed. Access: Currently, there are two entrances proposed into this site. The first entrance is N. Oakstone Avenue and intersects W. McMillan Road and the second entrance is W. Quintale Street which intersects N. Black Cat Road. A total of eight public streets are proposed to provide internal circulation through out the development. The typical street section is expected to be constructed as 36-foot street section (measured from back of curb to back of curb) with 7 feet of landscaping on each side within 50-feet ofright-of--way. Staff is generally supportive of the proposed street system. Existing Structures: Any existing building(s) shall be removed, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing 6-foot solid fencing along the perimeter of the development; 4 solid fencing along some of the interior common open space for the development; and 6-foot wrought iron fencing is proposed along Settler's Canal. Fencing adjacent to micro-paths and interior common open space is limited to 4feet in height if closed vision fencing is used or open vision fencing up to (Meet in height is allowed as it provides visibility from adjacent homes or buildings, per UDC 11-3A-7A.7. On the submitted landscape plan, the applicant has not provide fencing along the common lots 1, 14 and 16, Block 10 and lots 1, 23 and 25, Block 13. Staff is recommending the applicant comply with the fencing requirements per UDC 11-3A-7A-7. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not proposed along the boundary of the subdivision, the applicant is required to construct temporary fencing to contain debris during construction prior to issuance of any building permits on the site. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of--way. Ditches, Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. The Settler's Canal traverses through the proposed platted property. The applicant is proposing to preserve a 50-foot open space corridor to maintain access to the canal. The applicant states the canal is to remain open due to the Settler's Irrigation District requiring a 72" pipe to enclose the canal. The UDC requires the City Oak Creek AZ PP PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Council waive the requirement for tiling the canal. Staff is supportive of the canal remaining open. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. Drainage: A seepage bed for stormwater drainage is shown on Lot 13, Block 13. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. NOTE: Applicant shall be aware that infiltration ponds for ACRD public streets require ezposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACRD pond designs incorporate exposed filter sand. Common Areas: The applicant is providing 16.4% (5.06 acres) common open space within the development. Oak Creek also includes 37-foot exterior buffer along McMillan and a 35- foot landscape buffer along Black Cat Road. The primary open space consists of a 1.39 area park centrally located in the neighborhood and includes play equipment, a picnic shelter and a pathway. In addition, the neighborhood is expected to develop with detached sidewalks, street trees and eight foot landscape parkways through-out. Maintenance of all common areas shall be the responsibility of the respective Oak Creek Home Owners' Association. Building Elevations: Three single family home elevations were submitted to represent the housing proposed for construction with the Oakcreek Subdivision. The UDC requires buildings to be constructed of high quality building materials such as stone, brick, wood or other native materials. In no case shall the buildings use vinyl siding as the primary siding material. The building materials appear to be of high quality materials. The fronts of the buildings are accented with shutters, front porches with stone or brick accents and gable and hip roofs. The siding materials appear to be a variety of wood composite siding finishes painted in neutral colors. Roofing material is architectural shingles. Staff is generally supportive of the elevations proposed for this development. Phasing Plan: The applicant submitted a phasing plan which staff has included in Exhibit A. The applicant is expected to have 13 phases to the project. The first two phases are proposed with the 30 acre plat reviewed in this staff report. Due to the timeline of Hwy 16 alignment study completion slated for the end of 2009 and the lack of a timeline and funding for the construction of the Can-Ada lift station, staff is generally support the phasing plan for the project. b. Staff Recommendation: Staff is recommending approval of the proposed Oak Creek development (AZ-08-004 and PP-08-003) based on the Analysis and Findings of Fact as listed in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 5, 2008 and August 21.2008. At the August 21, 2008 public hearing the Commission voted to recommend approval of the subject AZ and PP request. The Meridian Citv Counci heard these items on 9ctobe~2, 2008. At the public hearing the Counc'1 apnroved the subject A7, and PP request. Oak Creek AZ PP PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Concept Plan (REVISED Concept Plan as discussed at the August 21, 2008 P&Z hearinal 3. Phasing Plan 4. Preliminary Plat 5. Landscape Plan 6. Elevations 7. Letter from ACRD regazding the TIS B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District (conditions aze forthcoming; comments aze attached) 8. Central District Health Department 9. Settler's Irrigation District C. Legal Descriptions and Exhibit Map D. Required Findings from Unified Development Code Oak Creek AZ PP PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 A. Drawings 1. Vicinity Map UT Cj R JAY (REMA Sy R-8 -~ J KER PHASE 1 -1 ~~~ - R-1 R- 1- 8 CHINDE BLVD f :~_~ .~~ ,, TRILOGY - ~ R ~ R-8 PRIN S BAIN RID E RU H OLTERRA Y g P O I LAS R-4 i 0 ~' RR w ~ R KCREE VOLTERRA SO Z L- I-L 0 O SP ING NORTH I_ -: Exhibit A 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Exhibit A 2. Revised concept Ulan from the PBtZ hearing depictingproposed R-15 development CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 ~!~ ~~I~ -,~.,-r - ~ ~~C 1 1 lllll ~~1 Exhibit A 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 3. Phasing Plan Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 4. Preliminary Plat Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 5. Landscape Plan 5 ~¢~ta au~ ~~ ~3333~ X433 a~t~~~t:r e.A.9. e a 444444 bhhh ~~t i~~~~$ ~~ ~~{9~ ~ ~A~aARA ; ~ E$~~ ~~ g~~i~~! ~ ~ ~~ ~ 44 8 ~~~ ~~~I4 ~ 5~@~ I I ~ ~~~~ ^ ~~~~~ ~ I J ~ ~ ~ I ~ ~~~sa ~~ ~ a 8 ~~~~ ~ ~~ a ##@@! ~7iYa ` ~ ~ ~~ --~ ~~ s w ~ ~ O ~Z ~ y~ ~ ~ O ~~~ g fi ®~ ~ ',I1`_ 9 ,~ ~i ; !w '. 4 j .+ i ~ '; r L ~ ,~~~ ~; ; ~; ~~ ~r ;'~~, ~, 1' ii ,;; ;, .; Exhibit A 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 6. Elevations Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Exhibit A Duet 1 Duet CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Exhibit A 9 CraNsman Style CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE DARING DATE OF OCTOBER 7, 2008 Exhibit A 1 ~ Elevations for the proposed plat. Exhibit A 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Exhibit A 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7,2008 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Exhibit A 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 7. ACID Letter ~® --- ~, ~&~ 1`~0~" April 29, 2008 D C~.edfio Soa~c~ c~ a McKee, v~aaent s+~v ~. Muni, ~~ vue r ~ , zm wce n-esc~t x~n, s. r-~andm, ~ w. amdd, Becky McKay Engineering Solutions 1029 N. Rosario Street Meridian, Idaho 83842 Subject: Oek~k Subdivision Traffic Impact Study Dear Becky, Dtstdct staff has reviewed the traffic impact study for the subject development and have the following comments that need to be addressed: 1. The wart site access is oNy 700 feet east of McDermott Road and will not ~ considered far a signal location as suggested in the traffic impact study. The middle site access at the'h mile may ~ considered as a potential signal location. If necessary, the site plan should ~ revised to shift more of the traffic to this middle access. 2. District Policy and the City of Meridian Comprehensive Plan encourage'/: mile collectors. I ITD will approve a half mile ccllector intersection with US-2028 between McDermott and Black Cat the District must plan accordingly and this site should stub a mid mile collector to the north. 3. The site plan should be revised to accommodate an east/west ~Ilector off 81adc Gat Road to help serve this site. The District can foresee problems with the local road connection to Black Cat as h is currently planned. 4. The District has concerns regarding the length of soma of the straight focal street. Alternatives to the long straight stretches should be considered or other alternatives suggested to address the potential for traffic calming requesffi in the future. 5. The District has concerns rega~ng the two inten3ections located in the curves off of the collector road. The design should address potential site distance! cortstrairrts and acknowledge that landscaping in these areas may be severely limited. A small revision in the site plan to rekrcate tltese intersections could eliminate these concerns. 6. The McfiAillan/Blaek Cat Intersection is an all-way stop and net atwo-way stop as analyzed. 7. The DisMct bepeves the TIS may be overestimating the traffic distribution on Black Cat and underestimating the distribution on McMillan east of Black Cat. Please demonstrate how the engineer determined the traffic distribution. n~a ~h Mighvruy osaut •3775 Adams Streea • Ga>den atv, m • pia • ~ (meI 387~il~ • FX ~-~ • www.adtd.ada.m.~s Exhibit A 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 The applicant and ACRD wi11 nab to work with ITD and tha City of Meridian to determine an appropriate right-of-way corridor to preserve along McDermott Road to not conflict with future SH-18 extenalon piana. 9. The TIS should be updated and revised to reflect any changes to the trip distribution as a resuR of addressing the comments above. It may be beneficial to schedule a meeting with ACHD and the City of MerMlan to review any revisions to the site layout before modifying the traffic impact study. If you have any questions you may contact me at 387-6170. Sincerely, ~/~ Gary Inaeiman Manager, Right-of-Way and Development Services Cc: Cameron Waite, URS Caleb Hood, City of Meridian Exhibit A 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 B. Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on February 21 2008, by Gregory G. Carter, PLS) shows the property adjacent to the existing corporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506 to initiate this process. Said DA shall be completed within 12 months of City Council action. (The Planning Department required DA provisions are in Section 10 of the Staff Report.) Please be advised a $303.00 fee will required to process the development agreement. 1.2 SITE SPECIFIC REQUIltEMENTS-PRELIMINARY PLAT 1.2.1 All comments and conditions of the accompanying Annexation and Zoning (AZ-08-004) application and associated Development Agreement shall also be considered conditions of the Preliminary Plat .(PP-08-003). 1.2.2 Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.2.3 The landscape plan prepared by Jensen Belts Associates, on 12-17-07, is approved with the following modifications/notes: • Per UDC 11-3G-3A, set aside at least 10.03% (3.06 acres) of the site for useable open space, as proposed. The primary open space consists of a 1.39 area pazk centrally located in the neighborhood and includes play equipment, a picnic shelter and a pathway. • The applicant shall construct a minimum 37-foot wide street buffer along the entire length of W. McMillan Road (an arterial street) and a 35-foot wide street buffer N. Black Cat Road, exclusive of ACRD right-of--way required for the ultimate street section, as proposed. Said buffer shall be designed and constructed in accordance with UDC 11-3B-7. • Landscaping adjacent to all pathways shall be designed in accordance with UDC 11- 3B-12. • Depict fencing adjacent to micro-paths in accordance with the standards listed in UDC 11-3A-7. • 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 standazds of installation should apply as listed in UDC 11-3B-14. • Provide fencing along the common lots 1, Block 12, Lots 14 and 16, Block 10 and lots 1, 23 and Z5, Block 13 per UDC 11-3A-7A-7.A written certificate of completion should be prepared by the landscape azchitect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Exhibit B - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping and amenities 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). 1.2.4 The applicant shall provide four stub streets to adjacent properties as proposed and listed below: • W. Quintale Street stubs to the property to the west. • N. Oakstone Avenue stubs to the property to the south • W. Torana Court stubs to the Ada County parcel in the southeast corner. • The partial cul-de-sac that connects W. Los Flores Street and N. Maplestone Way stubs to the parcel in the northeast corner. 1.2.5 If permanent fencing is not proposed along the perimeter boundary of the subdivision, the applicant is required to construct temporary fencing to contain debris during construction prior to issuance of any building permits on the site. The developer is required to construct fencing adjacent to micro-paths in accordance with the standards listed in UDC 11-3A-7. 1.2.6 Any existing building(s) shall be removed, prior to signature of the final plat by the City Engineer. 1.2.7 Maintenance of all common areas shall be the responsibility of the Oak Creek Home Owners' Association. 1.2.8 Per UDC 11-3A-6, all irrigation ditches, laterals or canals (except for Settlers Canal), exclusive of any natural waterways that intersect, cross or lie within the area being subdivided shall be covered. 1.2.9 Underground, pressurized irrigation must be provided to all lots within this development. 1.2.10 Applicant shall be aware that infiltration ponds for ACRD public streets require exposed filter sand. This sand area does not count toward the City of Meridian's open space requirements. Other provisions to meet vegetated open space requirements must be made when ACHD pond designs incorporate exposed filter sand. 1.2.11 Except for N. Oakstone Avenue to McMillan Road and W. Quintale to Black Cat Road, access to McMillan Road and Black Cat are prohibited; a note shall be added to the face of the final plat. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 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). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 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- 3B-11 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-11. ff the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the Exhibit B - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.0 The applicant shall be responsible for all costs associated with the required interim lift station and pressure sewer line. The stations 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. At completion of construction, the station will be donated to the City of Meridian who will own and maintain the lift station. The completion and acceptance of the lift station will be at the sole discretion of the Meridian Public Works Director. No discharge from the station will be allowed until all plant upgrades are complete to the City of Meridian Waste Water Treatment Plant. The approval to except discharge must be approved by the Meridian Public Works Director. Any potential upgrades to the interim lift station from other surrounding parcels will be reviewed by the Meridian Public Works Department. Approved upgrades to the purposed station will be fully funded by the requestor, and will be subject as reimbursement fees to the applicant. 2.1 The applicant will be responsible for all costs associated with the on-site sewer and water main extension. 2.2 Water service to this site is being proposed via extension of mains in N Black Cat Road and McMillan Road. The applicant shall be responsible for the installation of 12-inch diameter water mains to and through this developments arterial frontage. Also a 12-inch diameter connection shall be made in Black Cat Road to the north east portion of the project prior to the start of phase six construction. Due to fire flow requirements the applicant will need to construct a 12-inch diameter main from the intersection of N Black Cat Road and McMillan Road heading east to the existing 12-inch diameter main currently being installed with the Ten Mile & McMillan intersection widening project. This connection will need to be installed before phase six of the applicant's plan, and maybe eligible for partial reimbursement. If the 12-inch water main from Ten Mile & McMillan is installed by another developer prior to phase six construction the applicant will not be responsible to participate in construction of the required main extension. 2.3 Prior to phase five the applicant shall provide a domestic well site North of McMillan Road to support water demand needs to the purposed subdivision and surrounding areas. This well site will be owned and maintained by the City of Meridian. Contact the Public Works Department for size and any alternate locations. 2.4 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant agrees to use the City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of phase three and continuing on all future phases. Exhibit B - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 2.6 The applicant we be responsible to construct a 10 (ten) inch AWWA C900 PVC purple reuse main with 14 gauge insulated wire that will be attached to the pipe for locating purposes. The construction will start from the City of Meridian treatment plant continuing northwest along the Five Mile Creek ending in the Southwest corner of the purposed subdivision. All infrastructures on-site and off-site must be constructed with approved purple pipe. With the required construction of this main the applicant shall be eligible to enter into a structured reimbursement agreement with the City of Meridian. Reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe). The detailed agreement with the reimbursable amount shall be approved by City Council prior to development plan approval. 2.7 All existing structures that are required to be removed in each phase shall be prior to signature on the fmal plat by the City Engineer for that phase. 2.8 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval ornon-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.9 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian. 2.10 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.11 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 in each phase, prior to applying for building permits for that phase. 2.12 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 in each phase prior to signature on the final plat for that phase. 2.13 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved in each phase prior to obtaining certificates of occupancy for that phase. 2.14 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.15 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. 2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.17 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.18 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.19 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. Exhibit B - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 2.20 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.21 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required for each phase before a certificate of occupancy is issued for any structures within that phase of the project. 2.22 At the completion of each phase the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within that phase of the project. 2.23 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 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers 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. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.6 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. 3.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the development, which serves more than 50 homes. The two entrances should be separated by no lessthan %z the diagonal measurement of the full development. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. Exhibit B - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.10 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 born by the developer. 3.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.12 One and two family dwellings not exceeding 3600 squaze feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.13 Insure that all yet undeveloped pazcels are maintained free of combustible vegetation. 3.14 The applicant shall work with Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance at the required intersection(s). 3.15 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.16 The fire department is opposed to any landscape island in the middle of a cul-de-sac that may prevent a fire truck from turning azound on the end of the court. 4. Police Department 4.1 The proposed pathway located on Lot, Block 6 shall have 4-foot shielded bollazd lighting along the entire length. 5. Parks Department 5.1 The Parks Department provided no comments on this application. 6. Sanitary Service Company 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. Ada County Highway District 7.1 Dedicate 48-feet ofright-of--way from the centerline of Black Cat Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. Exhibit B - 6 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 OR Dedicate 38-feet ofright-of--way from the centerline of Black Cat Road abutting the parcel and provide an easement to contain any sidewalk improvements that lie outside the dedicated right-of- way. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.2 Construct a detached concrete sidewalk, a minimum of 5-feet wide, no closer than 41-feet from the centerline of Black Cat Road abutting the parcel. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.3 Construct a center turn lane on Black Cat Road at the intersection with W. Quintale Street. Coordinate the design and location of the turn lane with District Traffic Services and Development Review staff. 7.4 Dedicate 35-feet ofright-of--way from the centerline of W. McMillan Road abutting the parcel. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The District will purchase the right-of--way which is in addition to existing right-of--way from available Corridor Preservation Funds. 7.5 Construct a detached concrete sidewalk, a minimum of 5-feet wide, no closer than 28-feet from the centerline of McMillan Road abutting the parcel. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.6 Construct a center turn lane on McMillan Road at the intersection with N. Oakstone Avenue. Coordinate the design and location of the turn lane with District Traffic Services and Development Review staff. 7.7 Construct W. Quintale Street to intersect N. Black Cat Road approximately 410-feet south of the Black Cat/McMillan intersection (measured near edge to near edge). 7.8 Construct N. Oakstone Avenue to intersect W. McMillan Road approximately 600-feet west of the Black Cat/McMillan intersection (measured near edge to near edge). 7.9 Construct all internal streets as 36-foot street sections (back-of--curb to back-of-curb) with rolled curb, gutter, and 5-foot detached concrete sidewalks on both sides. The detached sidewalk will need to be located completely within the right-of--way or completely within an easement. 7.10 Construct vertical curb on W. Quintale Street and N. Oakstone Avenue at the access points where no front on housing is proposed. 7.11 Construct all raised medians a minimum of 4-feet wide with vertical curb. Comply with District Tree Planter policy for any medians that will contain trees. 7.12 Construct a two cul-de-sac turnaround at either end of W. Torano Court with a minimum 45-foot outside turn radius, as proposed. 7.13 Construct the following stub streets as the internal street section (36-foot with curb, gutter, and sidewalk), with signage at the terminus stating: "THIS ROAD WII.L BE EXTENDED IN THE FUTURE." Exhibit B - 7 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 • The first stub, W. Quintale Street located approximately 370-feet south of the north property line (measured near edge to property line). • The second stub, N. Oakstone Avenue located approximately 400-feet west of the east property line (measured near edge to property line). • The third stub, W. Torana Court located approximately 125-feet north of the south property line (measured near edge to property line). 7.14 Design and construct the full crossing of the Settlers Canal with the construction of Oakstone Avenue. Submit the bridge plans for the crossing of the Settlers Canal for review and approval prior to the pre-construction meeting and plat approval. Coordinate the design of the canal crossing with District Development Review staff. 7.15 Direct lot access to Black Cat Road and McMillan Road is prohibited and shall be noted on the fmal plat. 7.16 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 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 ACRD 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 maybe 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 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. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Exhibit B - 8 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 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. 8. Central District Health Department 8.1 After written approval from appropriate entities aze submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfaze, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved aze the Settler's Canal (50-foot easement), Cantrell Lateral (20- foot easement), Lane Lateral (20-foot easement) and the Allen Lateral (30-foot easement). 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 9.4 Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers' Irrigation District's Boazd of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water from the current delivery point. Exhibit B - 9 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 C. Legal Description ~~ ~ - P45G Ea,tVVaterc_werSc I['JAHO ice f50 r - SURREY Meridkan, Idaho Cj3642 -' GROUP Phone (200) 04b-0570 - - ..._ .~: ~_- ---- ~ _..--- - -~. ,, ___,. _~_~~ _ . Fax (200) 804.5394 December 13, 2407 DESCRIPTION FOR ANNEXATION OAK CREEK SUHDMSION A parcel of land located in the NE'/4 of the NE'! and the NW '/< of the NW'/< of Section 33, the S'/a of the NE'/ andthe S %2 of Section 28, atl looted in T. 4N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the Northeast comer of the said Section 33 from which the .East '/a comer of said Section 33 bears South 00°27'22° West, 2631.60 feet; thence along the East boundary of said Section 33 South 00°27'22° West, 169.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary South 00°27'22° West, 626.39 feet; thence leaving said East boundary line South 89°08'23° West, 246.54 feet; thence. South 06°37'22° West, 30$.30 feet; thence North 89°30'26° West, 1038.40 feet to a point on the West boundary line of the NE'/ of the NE'/ of said Section 33; thence along said West boundary line North 00°28'25° East, 1113.00 feet to the E1/16 comer of said Section 33; thence along the north boundary iine said Section 33 North 89°16'45" West, 1317.68 feet to the fV'/< comer of said Section 33; thence along said North boundary line North 89°16'49° West, 1317.62 feet to the W 'I/16 comer of said Section 33; thanes along the East boundary line of the NW'/ of the NW'/. of said Section 33 South 40°31'02° West, 1316.64 feet to the NW 1N 6 comer of said Section 33; thence along the South boundary tine of the NW '/ of the NW'/ of said Section 33 North 89°17'19° West, 89.91 feet; thence leaving said South boundary Tins North 76°42'21 ° West, 1259.37 feet to a point on the West Boundary of said Section 33; thence along said West boundary line North 00°32'39° East, 1042.47 feet to the northwest comer of Section 33; Exhibit C - I - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE BEARING DATE OF OCTOBER 7, 2008 thence along the West boundary line of said Section 28 North 01°00'42" East, 1315.38 feet to the S 9/16 comer of said Section 28; thence along the North boundary line of the SW '/. of the SW '/ of said Section 33 South 89°18'59" East, 450.00 feet; thence leaving said North boundary line North 01°00'42° East, 774.71 feet; thence North 89°21'17" West, 450.00 f®et to a point on the West boundary said Section 28; thence along said West boundary line North 01°00'42° East, 540.97 feet to the W '/ comer of said Section 28; thence along the North boundary of said SW'/< South 89°29'17° East, 1311.91 feet to the C-W 1/16 comer of said Section 28; thence along the East boundary line of the NW '/ of the SW '/. of said Section 28 South 00°52'12" West, 16.99 feet; thenoe leaving said East boundary line South 89°14'34" East, 789.50 feet; thence North 64°03'54° East, 27.64 feet; thence South 86°53'48° East, 189.53 feet; thence North 89°14'51 ° East, 20.04 feet; thence South 70°27'50° East, 25.64 feet; thence South 81°00'03° East, 36.69 feet; thence South 88°50'13° East, 85.57 feet; thence South 86°14'58° East, 63.62 feet; thence North 89°18'37" East, 45.49 feet; thence South 78°07'47° East, 19.68 feet; thence North 53°05'44° East, 16.53 feet to a point on the East boundary line of the SW'/, of said Section 28; thence along said East boundary line North 00°43'42" East, 24.35 feet to the C'1o tamer of said Section 28; thence along the West boundary line of the NE'/4 of said Section 28 North 00°43'58° East, 625.84 feet; Exhibit C - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 thanc9 South 77°56'1 ~+" East, 1333.14 feet to a point on the East Boundary line of the SW ', 4 of the NE '/4 of said Section 28: thence along said East boundary line North 00°36'34° East, 293.64 feet; thence South 89°31'36° Eas#, 175.03 feet; thence Sou#h QO°28'24° West, 230.00 feet; thence South S9°31'36" East, 1136.30 feet to a point on the East boundary line of said Section 28, said point also being on the existing Meridian City Limits boundary, thence along said East boundary line and said City Limits boundary South JO°29'02° West, 214.51 feet; thence leaving said East boundary line North 89°20'59° West, 1312.34 feet to a point of the West boundary of the SE'!4 of the NE'/ of said Section 28; thence along said West boundary line South 00°36'34" West, 215.00 feet to the C-E 1/16 comer of said Section 28; thence along the East boundary of the W '/z of the SE '/e of said Section 28 South 00°37'35" West, 2635.75 feet to the E 1/16 comer of said Section 28; thence along the South boundary of said Section 28 South 89°16'45° East, 1059.08 feet; thence leaving said South boundary line South 00°27'22° West, 169.00 feet; thence South 89°96'45° East, 258.60 feet to the REAL POINT OF BEGINNWG. Containing 318.75 acres, more or less. ~ ~ 0~ ~ ~~~ ~PNpp~SG ~1+E~t~' Exhibit C - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 _ r._° , e_ - - I®l~HO i `;~ SURVEY ' ,~~ GROUP DESCRIPTION FOR OAK CREEK SUBDIVISION 1450 Ease Ydacarawer 5G Su¢e 150 Meridian. IdaVro 83642 Phone (308) B4b.8570 Fax (308) 884-5399 December 13, 2007 A parcel of land located in the NE'/o of the NE'/< of Section 33, T. 4N., R.1W., B.M., Ada County, Idaho more particularly described as follows: Commencing at the Northeast comer of the said Section 33 from which the East Y4 comer of said Section 33 bears South 00°27'22° West, 2631.60 feet; thence along the East boundary of said Section 33 South 00°27'22° West, 169.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary South 00°27'22° West, 626.39 feet; thence leaving said East boundary line South 89°08'23° West, 246.54 feet; thence South 06°37'22° West, 308.30 feet; thence North 89°30'26° West, 1038.40 feet to a point on the West boundary line of the NE'/ of the NE'/ of said Section 33; thence along said West boundary line North 00°28'25° East, 1113.00 feet to the E1/16 comer of said Section 33; thence along the North boundary of Bald Section 33 South 89°16'45° East, 1059.08 feet; thence leaving said South boundary line South 00°27'22° West, 169.00 feet; thence South 89° 16'45° East, 258.60 feet to the REAL POINT OF BEGINNING. Containing 30.72 acres, more or less. ', vt-t R~~ BY 2.2 t~~R~ O~gLIC Exhibit C - 4 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 January 25, 2008 DESCRIPTION FOR R-15 ZONE PROPOSED OAKCREEK SUBDN1510N Parcels of land located in the NW % of the NW '/e of Section 33 and in the SW'/ of Section 28, T. 4N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: PARCEL A Commencing at the Southwest comer of the said Section 28, from which the South'/4 comer of said Section 28 bears South 89°16'49" East, 2635.24 feet; thence along the South boundary line of the said Section 28 South 89° 16'49" East, 710.22 feet to the REAL POINT OF BEGINNING; thence North 01°00'23" East, 867.66 feet; thence South 89°17'44" East, 1920.93 feet; thence South 00°44'11° West, 868.16 feet to a point on the South boundary line of the said Section 28; thence along said South boundary line North 89°16'49° West, 1925.02 feet to the REAL POINT OF BEGINNING. Containing 38.31 acres, more or less. PARCEL B BEGINNING at the Northwest comer of the said Section 33, from which the North Y. comer of said Section 33 bears South 89°16'49" East, 2635.24 feet; thence along the North boundary line of the said Section 33 South 89°18'49° East, 710.22 feet; thence South 00°43'11" West, 15$.47 feet to a point of curvature; thence 133.96 feet along the arc of a curve to the left, said curve having a radius of 900.00 feet, a delta angle of 08°31'41 °, and a long chord bearing South 03°32'40° East, 133.84 feet to a point of reverse curvature; thence 174.94 feet along the arc of a curve to the right, said curve having a radius of 1200.00 feat, a delta angle of OS°21'09°, and a long chord bearing South 03°37'56° East, 174.78 feet to a point of tangency; thence South 00°32'39° West, 376.24 feet to a point of curvature; thence 78.28 feet along the arc of a curve to the right, said curve having a radius of 400.00 feet, a delta angle of 11°12'45°, and a long chord bearing South 06°09'01° West, 78.15 feet to a point of tangency: 60307/60307-R15.DOC Exhibit C - 5 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 thence South 11'45'24" West, 277.00 feet: thence North 76°42'21" West, 687.45 feet to a paint on the West boundary line of the said Section 33; thence along said West boundary line North 0°32'39" East, 1042.47 feet to the REAL POINT OF BEGINNING. Containing 18.51 acres, more or less. Total proposed R-15 area contains 56.82 acres, more or less. n ~~ DEB 22 2~ ~~Wb~ ~o~~vG 60307160307-R15.DOC Exhibit C - 6 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 January 25, 20%8 DESCRIPTION FOR R-8 ZONE PROPOSED OAKCREEK SUBDIVISION Parcels of Land located in the NE'/a of the NE'/o and in the NW'/4 of the NW Y< of Section 33 and in the S'/a of Section 28, T. 4N., R.1 W., B.M., Ada County, Idaho more particularly described as follows: PARCEL A Commencing at the Northeast comer of the said Section 33, from which the East'/. comer of said Section 33 bears South 00°27'22" West, 2631.60 feet; thence along the East boundary line of said Section 33 South 00°27'22" West, 169.00 feet to the REAL POINT OF BEGINNING; thence continuing along said East boundary line South 00°27'22" West, 626.39 feet; thence leaving said East boundary line South 89°08'23° West, 246.54 feet; thence South OS°37'22° West, 308.30 feet; thence North 89°30'26" West, 1038.40 feet to a point on the West boundary line of the NE '/< of the NE'/< of said Section 33; thence along said West boundary line North 00°28'25° East, 1113.00 test to the E1/16 comer of said Section 33; feet; thence along the North boundary line of said Section 33 South 89°16'45° East, 1059.08 thence leaving said South boundary line South 00°27'22° West, 169.00 feet; thence South 89°16'45" East, 258.60 feet to the REAL POINT OF BEGINNING. Containing 30.72 acres, more or less. PARCEL B Commencing at the Southeast comer of the said Secction 28, from which the South Ye comer of said Section 28 bears North 89°16'45" West, 2835.88 fast; thence aiong the South boundary line of said Section 28 North 89°16'45° West, 1317.68 feet to the REAL POINT OF BEGINNING; thence continuing along said South boundary line North 89°18'45° West, 1317.68 feet; thence leaving said South boundary line North 00°44'11" East, 868.16 feet; thence North 89°17'44° West, 1820.93 f®et; 60307/6030?-RS.DOC Exhibit C - 7 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 thence South 01'00'23" L^/es#, 867.66 feet to a point on the Soutr boundary line of said Section 28; thence along said South boundary {ine North 89° 16'49" West, 710.22 feet to the Southwest comer of said Section 28; thence along the West boundary line of said Section 28 North 01°00'42" East, 1315.38 feet; thence South 89°18'59° East, 450.00 feet; thence North 01°00'42° East, 774.71 feet; thence North 89°21'17" West, 450.00 feet to a point on the West boundary line of the said Section 28; thence along said West boundary line North 01°00'42" East, 540.97 feet; thence South 89°21'17" East, 1311.11 feet; thence South 00°52'12° West, 16.99 feet; thence South 89°14'34" East, 355.95 feet; thence South 01°00'23° West, 1140.07 feet; thence South 88°59'37° East, 463.31 feet to a point of curvature; thence 233.82 feet along the arc of a curve to the right, said curve having a radius of 500.00 feet, a delta angle of 26°47'37", and a long chord bearing South 75°35'49" East, 231.69 feet to a point of tangency; thence North 27°48'00° East, 329.66 feet to a point of curvature; thence 250.07 feet along the arc of a curve to the right, said curve having a radius of 600.00 feet, a delta angle of 23°52'46°, and a long chord bearing North 39°44'23° East, 248.26 feet to a point of reverse curvature; thence 441.29 feet slang the arc of a curve to the left, said curve having a radius of 300.00 feet, a delta angle of 26°59'04", and a long chord bearing Narth 38°11'14" East, 139.99 feet; thence South 65°18'18" East, 55.00 feet; thence South 89°16'15" East, 263.21 feet; thence South 84°07'40" East, 162.61 feet; thence South 77°58'14' East, 80.00 feet; 60307/&0307-RS.~C Exhibit C - 8 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 thence South 12'01'46' 1Nest, 50.23 feet: thence South 24°00'23" East, 108.06 feet; thence South 14°24'06" East. 111.19 feet; thence Sauth 89°16'15° East, 407.24 feet; thence North 00°37'35" East, 11.16 feet; thence South 89°22'25" East, 170.00 feet; thence South 00°37'35" West, 1719.49 feet to the REAL POINT OF BEGINNING. Containing 144.02 acres, more or less. PARCEL C Commencing at the Northwest comer of the said Section 33, from which the North Y corner of said Section 33 bears South 89°16'49° East, 2635.24 feet; thence along the North boundary line of said Section 33 South 89°16'49° East, 710.22 f®et to the REAL POINT OF BEGINNING; thence continuing along said North boundary line South 89°16'49" East, 607.40 feet; thence South 00°31'02" West, 1316.64 feet; thence North 89°17'19° West, 89.91 feet: thence North 76°42'21 ° West, 571.92 feet; thence North 11°45'24" East, 277.00 feet to a point of curvature; thence 78.28 feet along the arc of a curve to the left, said curve having a radius of 400.00 feet, a delta angle of 11°12'45", and a long chord bearing North 06°09'01" East, 78.15 feet to a point of tangency; thence North 00°32'39" East, 376.24 feet to a point of curvature; thence 174.94 feet along the arc of a curve to the left, said curve having a radius of 1200.00 feet, a delta angle of 08°21'09°, and a long chord bearing North 03°37'56° West, 174.78 feet to a point of reverse curvature; thence 133.96 feet along the arc of a curve to the right, said curve having a radius of 900.00 feet, a delta angle of 08°31'41°, and a song chord bearing North 03°32'40° West, 133.84 feet; r(. thence North 00°43'11' East, 158.47 feet to the REAL Containing 17.46 acres, more or less. ~ Total proposed R-8 area contains 192.20 acres, more or lest 2 2 60307/6030?-RS.DOC Exhibit C - 9 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 December 20, 2007 Revised February 21, 2008 DESCRIPTION FOR R-0 ZONE PROPOSED OAKCREEK SUBDIVISION A parcel of land located in the NE'/< and the South'/, of Section 28, T. 4N., R.1 W., B.M., Ada County, Idaho more particularly described as foNows: Commencing at the Southeast comer of the said Section 28 from which the South comer of said Section 28 bears North 89°16'45° West, 2635.36 feet; thence along the South boundary of the said Section 28 North 89°16'45" West, 1317.68 feet; thence North 00°3T35° East, 1719.49 feet to the REAL POINT OF BEGINNING; thence North 89°22'25° West, 170.00 feet; thence South 00°37'35° West, 11.16 feet; thence North 89°16'15" West, 407.24 feet; thence North 14°24'06° West, 111.19 feet; thence North 24°00'23" West, 108.06 feet; thence North 12°01'46° East, 50.23 feet; thence North 77°58'14" West, 80.00 feet; thence North 84°07'40" West, 162.61 feet; thence North 89°18'15° West, 263.21 feet; thence North 65°18'16° West, 55.00 feet to a point on a curve; thence 141.29 feet along the arc of a curve to the right, said curve having a radius of 300.00 feel, a delta angle of 26°59'04", and a long chard bearing South 38°11'14" West, 139.99 feet to a point of reverse curvature; thence 250.07 feet along the arc of a curve to the left, said curve having a radius of 600.00 feet, a delta angle of 23°52'46", and a long chord bearing South 39°44'23" West, 248.26 feet to a point of tangency; thence South 27°48'00° West, 329.66 feet to a point on a curve; thence 233.82 feet along the arc of a curve to the left, said curve having a radius of 500.00 feet, a delta angle of 26°47'37°, and a long chord bearing North 75°35'49° West, 231.69 feet to a point of tangency; thence North 88°59'37" West, 463.39 feet; 60307/60307-R4.DOC Exhibit C - 10 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 thence North 01°00'23" East. 1140.07 feet; thence South 89° 14'34° East, 433.55 feet; thence North 64°03'54" East, 27.64 feet; thence South 86°53'48" East, 189.53 feet: thence North 89°14'51° East, 20.04 feet; thence South 70°27'50" East, 25.64 feet; thence South 81°00'03° East, 36.69 feet; thence South 88°50'13° East, 85.57 feet; thence South 86°14'58" East, 63.62 feet; thence North 88°18'37" East, 45.49 feet; thence South 78°07'47° East, 19.68 feet; thence North 53°05'44° East, 16.53 feet to a point on the North-South centerline of said Section 28; thence along said North-South c~ntedine North 00°43'42" East, 24.35 feet to the C1/4 comer of said Section 28; thence continuing along said North-South centerline North 00°43'58" East, 625.84 feet; thence leaving said North-South centerline South 77°58'14" East, 1338.14 feet; thence North 00°36'34" East, 293.64 f®et; thence South 89°31'36" East, 175.03 feet; thence South 00°28'24° West, 230.00 feet; thence South 89°31'36" East, 1138.30 feet to a point on the East boundary of the said Section 28; thence along said East boundary South 00°29'02" West, 214.51 feet; thence North 89°20'59" West, 1312.34 feet; thence South 00°36'34" West, 215.00 feet; 60307/60307-R4.DOC Exhibit C - 11 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 thence South 00°37'35" West, 916.26 feat to the REAL POINT OF BEGINNING. Containing 69.72 acres, mor® or less- Ravi ;ab~~v~. ~Y ~~pp ^ y y(~ FW L G 4~" ~ WORK OEPT~C 60307/60307-R4.DOC Exhibit C - 12 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 avm aaw ~ a'w wza•rae~eQrm //~ sv~r snaeroa ¢tae ~ '~~~$$~ s.• earaaaa ~" I~aaas~ ~ ~ ~o~ao~a ~-Q a ai~i~~B ~ iltlofA ~ ~ taeoeee 1 I 1 f 'g~g 9~ m~ ~~ an 9tl Z ^ g a ~ ~~ ~, m~ e~~ ;. ~~ ~.~ ~~ _~~ ~s a ~.a - sr-g f I d„ I f 1 i _ ~ ' - ~-- ~ ti I 1 Exhibit C - 13 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to the R-4, R-8 and R-15 zoning districts. The Council fmds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan (see Section 8 above). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that proposed 30 acre Preliminary Plat would comply with the established regulations and purpose statement of the R-8 zoning district. A revised concept plan has been submitted generally depicting how the site is to develop attached in Exhibit A above. The applicant is also proposing an interim lift station to provide sewer services for the portion of the development outside of the Black Cat Sewer Shed. If the applicant complies with the provisions outlined in the development agreement with the Annexation request and the conditions of approval for the preliminary plat, the Council fmds that the proposed residential districts will be in compliance with the specific district regulations. The Council fmds that future development of this property should comply with the established regulations and purpose statement of the residential zoning districts. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds 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. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (LTDC 11-5B-3.E). The overall density proposed in the R-4, R-8 and R-15 districts generally complies with the anticipated density for this azea (see Section 8 of the staff report for more information). In accordance with the fmdings listed above, the Council finds that Annexation and Zoning of this property to R-4, R-8 and R-15 would be in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. 2. Preliminary Plat Findings: Exhibit D - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 7, 2008 A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed 30 acre preliminary plat is in substantial compliance with the adopted Comprehensive Plan, if the subject lands aze annexed. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council fords that public services are available to accommodate the 30 acre preliminnary plat proposed for development. C. 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, the Council finds that the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACfID, 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.) E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not awaze of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council 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 unawaze. F. The development preserves significant natural, scenic or historic features. The Council fords that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council 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 maj or importance of which staff is unawaze. Exhibit D - 2 -