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Castle Creek AZ-14-009 PP-14-009CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C%WEIIDIAN*,�. IDI#HO In the Matter of the Request for Annexation & Zoning of 6.97 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Nineteen (19) Single -Family Residential Building Lots and Five (5) Common Area Lots on 6.58 Acres of Land for Castle Creek Subdivision, Located at 2432 E. Amity Road, by Northwest Ventures. Case No(s). AZ -14-009; PP -14-009 For the City Council Hearing Date of- July 22, 2014 (Findings on August 12, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 22, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-009; PP -14-009 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 22, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement per the provisions in the attached Staff Report for the hearing date of July 22, 2014, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions in the staff report for the hearing date of July 22, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1 I - 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-009; PP -14-009 -2- agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5E -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 22, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-009; PP -14-009 -3- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREM 3A COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tan)dry/'e Weerd Qp0.pP�D Attest: oe r 3 rJ day of AV cru S�- VOTED O, -[e VOTED A e - VOTED 0.,4 e VOTED ave VOTED a4e- VOTED OL,(e VOTED JayceeIo ftfan S EAL City Clerk rmyr, c° TA I n5ug Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. B • Dated:(Q1� LI Citk le k"ffike CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-009; PP44-009 -4- EXHIBIT A STAFF REPORT Hearing Date: July 22, 2014 \� 1 �1L�11 r TO: Mayor & City Council 1 FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -14-009; PP -14-009 — Castle Creek Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Northwest Ventures, has submitted an application for annexation and zoning (AZ) of 6.97 acres of land with an R-8 zoning district. A preliminary plat (PP) is also proposed consisting of 19 single-family residential building lots and 5 common/other lots on 6.58 acres of land for Castle Creek subdivision. See Section IXof the staffreport for more information.. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on June 19, 2014. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Dave Yorgason ii. In opposition: None iii. Commenting: None iv. Written testimony: Dave Yorgason v. Staff presenting application: Sonya Walters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Street frontage requirement for Lot 3, Block 2. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issues) for City Council: i. The applicant requests Lot 3, Block 2 is allowed a reduced street frontage, from 50 feet to 39 feet. Properties with street frontages on cul-de-sacs or at approximately a 90 decree angle pre allowed to be a minimum of 30 feel measured as a chard measurement, per UDC 11 -2A -3B.1. a. I is FAT13 " PABjjgL_QMson iia Impy1maitiWiLhipm RL r ►ri awn, ri' Staff presentingapplication o SonyA-Wattm YL _ _ 11• r r r i__T Terr rr ►ri, Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 1 1E. Key issues of Discussion by Council: iss Parking for lots acceed ly cnmd mnn riveways. c, Kev Council Chances to Staff/Commission Recommendation i one III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 009 & PP -14-009, as presented in the staff report for the hearing date of July 22, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-009 & PP -14-009, as presented during the hearing on July 22, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-009 & PP -14-009 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2432 E. Amity Road, in the SE %4 of Section 29, Township 4 North, Range 1 East (Parcel #l: 51129438465) B. Owner(s): Northwest Ventures 6901 W. Emerald Street, Ste. 102 Boise, Idaho 83704 C. Applicant: Same as owner D. Representative: Dave Yorgason, Tall Timber Consulting 14254 W. Battenberg Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 2, and 16, 2014 (Commission); June 30. and July 14, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: May 22, 2014 (Commission); June 25. 2014 (City Council) D. Applicant posted notice on site(s) on: June 3, 2014 (Commission); July S, 2014 (City Council Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 2 EXHIBIT A VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Future single-family residential properties in Messina Meadows subdivision, zoned R- 8 2. East: Future single-family residential properties in Messina Meadows subdivision, zoned R-8; and a rural residential property, zoned RUT in Ada County 3. South: E. Amity Road; and rural residential/agricultural property, zoned RUT in Ada County 4. West: Rural residential property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer trunk main intended to provide service to the subject property is currently in design through the Messina Meadows Subdivision No. 5 development north of the subject property. This proposed project will construct the trunk sewer from the point where Messina Meadows leaves off, and bring the trunk to and through to E. Amity Road.. 2. Location of water: Water mains intended to provide service to the subject property are currently in design or under construction in E. Amity Road. 3. Issues or concerns: Development of this project is subject to the timing and installation of sanitary sewer and water services as part of the Messina Meadows Subdivision No. 5, and Whitebark/Southridge developments. E. Physical Features: 1. Canals/Ditches Irrigation: There are no ditches that cross this site. However, the Ten Mile Drain exists off-site along the northeast boundary and there is an irrigation easement for the drain that lies on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: A portion of this site lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE: The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The site is proposed to be zoned R-8 which allows a maximum gross density of 8 dwelling units per acre. The proposed plat depicts an overall gross density of 2.89 dwelling units (d.u.) per acre, with a net density of 3.2 d.u. per acre, consistent with the LDR FLUM designation for this site. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 3 EXHIBIT A • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed low density residential development should contribute to the variety of medium density and rural residential uses that exist in this area of the City. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to E. Amity Road, an arterial street, in accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) The proposed low density residential development should be compatible with surrounding residential and agricultural uses. • "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts 1.88 acres of common open space area to be provided on the site in accord with UDC requirements. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts a stub street at the west property boundary for future extension and interconnectivity. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) A 10 foot wide multi -use pathway is required along the northeast side of the Ten Mile Drain which runs off-site near the northeast boundary of the site. Staffrecommends apathway connection is provided at the southeast corner of this site across Lot 13, Block 2 f rom the sidewalk along Amity Road north to the fidure pathway. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City services will be extended with the development of the site in accord with UDC 11-3A-21. TRANSPORTATION: The Master Street Map (MSM) contained in ACHD's South Meridian Transportation Plan depicts a north/south residential collector street along the western boundary of the site between Messina Meadows subdivision and Amity Road. Because a collector street is already planned east of this site with Messina Meadows subdivision to Ustick Road and a stub street will be provided from Messina Meadows to the parcel to the west for connection to Ustick Road, staff and ACRD do not feel a collector street is necessary to be provided on this site. ACHD staff has approved a modification of policy to allow the removal of this residential collector street from the MSM. VIIL UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 4 EXHIBIT A Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 6.97 acres of land with an R-8 zoning district. As discussed above in Section VII, the proposed density is consistent with the corresponding FLUM designation of LDR. Due to the irregular shape of the property and the large area that lies within an irrigation easement for the Ten Mile Drain, staff feels the R-8 zoning is appropriate for dimensional standard purposes because the overall density falls within the range for LDR designated areas. The applicant proposes to develop 19 single-family homes on the site as shown on the preliminary plat in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is LDR, which allows for densities of up to 3 dwelling units per acre and the proposed gross density is 2.89 dwelling units per acre, Staff finds the proposed R-8 zoning is appropriate for this property. Because of the irregular shape of this site and the large area that is covered by the irrigation easement for the Ten Mile Drain, the R-8 district is requested rather than the R-4 district for relief from dimensional standards. 2. Preliminary Plat The proposed plat consists of 19 single-family residential building lots and 5 common area lots on 6.58 acres of land in a proposed R-8 zoning district. The average lot size in the proposed development is 8,045 square feet. The plat is proposed to develop in one phase. Dimensional Standards: The proposed plat is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. Lots 2 and 3, Block 2 need to be revised to Castle Creek Sub A7-14-009 & PP -14-009 PAGE 5 1W40611 1'31II_1 reflect 50 feet of street frontage; all other lots comply with the required dimensional standards. Building height and setbacks should comply with the standards listed in UDC Table 11-2A-6. Block Length: The proposed plat complies with the maximum block length standards listed in UDC 11 -6C -3F. Existing Structure(s): There is an existing home on the site that is proposed to be removed. This structure should be removed prior to City Engineer signature on the final plat. Access: Access to this site is proposed on the plat via one public street access to E. Amity Road; direct lot access to E. Amity Road is prohibited. A stub street is depicted on the plat at the west boundary for future extension and interconnectivity. A connection over the Ten Mile Drain is not required on this site as Messina Meadows Subdivision No. 5 northeast of this site is required to provide a connection to the property to the west of this site. Common Driveway: Common driveways are required to comply with the standards listed in UDC I1 -6C -3D. A common driveway is proposed for access to Lots 5, 7 and 8, Block 1. The driveway meets the required dimensional standards. Construction of the common driveway shall comply with the standards listed in UDC 11 -6C -3D. An exhibit showing the setbacks and building envelopes for the lots using the common driveway is included in Exhibit AA as required by UDC 11 -6C -3D.7. Staff approves of the proposed setbacks and orientation of the lots and structures shown. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. The developer plans to extend the sewer trunk line from Messina Meadows subdivision to and through this development and to Amity Road and has submitted a request for reimbursement of oversizing and/or over -digging costs associated with this sewer trunk line. See letter submitted with this application. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. A storm drainage pond is depicted on Lot 12, Block 2. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along E. Amity Road as proposed. Landscaping within the street buffer is required to comply with the standards listed in UDC 11 -3B -7C. The landscaping shown on the plat complies with UDC standards. If the unimproved street right-of-way along E. Amity Road is 10 feet or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in ACHD's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting ACHD construction standards and landscape the remainder with lawn or other vegetative ground cover, per UDC 11 -3B -7C.5. The landscape plan should be revised to comply with this requirement. Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 6 EXHIBIT A At a minimum, common open space areas are required to include one deciduous tree per 8,000 square feet of common open space, per UDC 11 -3G -3E. Because all of the common open space area except for the street buffer is encompassed by sewer main and irrigation easements, it's not feasible to plant trees in these areas. There are several existing trees on the site that may be allowed to count toward the requirement or the common area on Lot 12, Block 2 may need to be widened to allow trees to be planted outside of the easement/drainage area. The applicant should include a calculations table on the landscape plan submitted with the final plat application detailing how many caliper inches of trees are being retained on the site in relation to those required. Tree Mitigation: The landscape plan depicts several existing trees on the site that are proposed to be removed as well as several that are proposed to remain. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Mitigation information shall be included on a revised landscape plan submitted with the final plat application in accord with UDC 11 -3B -10C.5. Open Space & Site Amenities: Based on the area of the preliminary plat (6.58 acres), a minimum 0.66 of an acre (or 10%) of open space is required to be provided on the site per UDC I1 -3G -3A in accord with the standards listed in UDC 11 -3G -3B. The plat depicts 1.88 acres (or 28.5%) qualified open space consisting of %z the street buffer along Amity Road (5,650.5 sq. t1.). and interior open space on Lot 6, Block 1 (8,401 sq. ft.) and Lots 12 (13,904 sq. ft.) and 13 (53,744 sq. ft.), Block 2. Because the open space on Lot 6, Block 1 consists largely of a common driveway and is not accessible to all residents of the development, this area is not allowed to be included as qualified open space. Additionally, the drainage swale on Lot 12, Block 2 must be constructed in accord with the standards listed in UDC 11-3B-11 C in order to count toward the qualified open space. Without these areas, a total of 59,394.5 sq. ft. (or 1.36 acres) of qualified open space is still proposed which is over the twice the amount of open space required. Per UDC 11 -3G -3B, a minimum of one site amenity is required in accord with the standards listed in UDC 11 -3G -3C. The applicant is proposing an additional 5% open space as an amenity in accord with UDC requirements. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is proposed along E. Amity Road and 5 -foot wide attached sidewalks are proposed along the internal street (E. Fonthill Street) in accord with UDC requirements. Pathways: There is a section of the City's regional pathway system designated on the Master Pathways Plan along Amity Road and along the northeast boundary of this site along the Ten Mile Drain. The pathway along the drain is being constructed with Messina Meadows subdivision on the east side of the drain. The Park's Department is allowing the 5 -foot wide detached sidewalk required along Amity Road to satisfy the pathway requirement. Staff recommends a 10 -foot wide multi- use pathway is constructed at the southeast corner of the site from the sidewalk along Amity Road north to the future multi -use pathway to be constructed with Messina Meadows Subdivision No. 5. A pedestrian easement is required to be submitted to the City for approval by City Council and subsequent recordation. Waterways: No irrigation ditches cross this site. The Ten Mile Drain runs off site along the northeast boundary of the site. A substantial easement for the drain exists along the rear lot lines in Block 2; the easement should be labeled on the plat. No structures other than fences may be built within this easement without approval from the easement holder. A license agreement Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 7 EXHIBIT A should be obtained from Nampa Meridian Irrigation District (NMID) for the lots that encroach within the easement area. Floodplain: A portion of this site along the northeast property line adjacent to the Ten Mile Drain lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.S. Building materials are proposed to consist of architectural shingles, three different types of siding, with stone accents. Because homes on lots that back up to E. Amity Road will be highly visible, staff recommends the rear or sides of structures on these lots that face Amity Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: A 6 -foot tall vinyl fence is proposed along the south (along Amity Road) and west (from the southwest corner of the site to E. Foothill Street) boundaries of this site. A 4 -foot tall vinyl fencing is proposed along the northeast boundary of the site adjacent to the Ten Mile Drain and along the west boundary of the site north of E. Foothill Street. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11 -3A-7. In summary, Staffrecommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord ivith the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 4/30/14) 3. Proposed Landscape Plan (dated: 5/5/14) 4. Conceptual Site Plan (dated: 2/27/14) & Setback Exhibit (dated: 5/8/14) 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Castle Creek Sub AZ -14-009 & PP -14-009 PAGE 8 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit Page I EXHIBIT A 2. Proposed Preliminary Plat (dated: 4/30/14) TL'IVA IT PLAT HO IIC CASTLECREEK SUBDIVISION �- � LGAIE] Id THE 307E;57 /4 CT 5ECTIC9 29. ~T , T, H E. B.. �� `i"..4.. YEiIAhA. IfTY )II TM• IJ•Hn va .' ••n� i �•� Nuarvryunn — mawx.+ o wmrtivrvue _ oL T, �F qA J �g - mr .tC 4T I �'Ei s ): sa'r uac i,•ivxl'^ a :.rw �.�s�srr,resrrs 13, _ � X4.1. �• C%XTIPIgL51PHTfEN1� 186 8112 21, Exhibit A Page I 3. Proposed Landscape Plan (dated: 5/5/14) CASL'LA R&L'K SUIIUIVIS70\r L:. -TEI W mE TF EM T E ,E I I T. 1 H EXHIBIT A SHEET Lil FOR DETAILED y♦ LANDSCAPE PLAN IT I ♦' L'm OVERALL SITE PLAN 6M eras LTA FOR DRTAR.ND LAND9DAPR PLANS AND LRD POR LANDSCAPE ENTAME PRELNWARV DEVELOPMENT PEATIEEG- NOTES, GENERAL LANDSCAPE NOTE® LEGEND, PLANNER nnypLOoEo ENGINEER "N'i..5j".' 'w`"°,'C'6 7a;.,.,� CAENatNEERWG dy,�fm • a;S.�; �...�r,�a. Exhibit A Page 2 EXHIBIT A aemasx, n.a:sa- �a N GEMLN 0a 9 NMG LEO D- itmHmillOil- liar-Mml— if 3 i5 _2_ EXHIBIT A 4. Conceptual Site plan (dated: 2/27/14) & Setback Exhibit (dated: 5/8/14) ND. 91009913 -3- X12 H%Oi13i 1GTM611C 1 IIYI RY9INIK PoI [. 6LQYL SARI OMF 1WAAY1 SML 91 ItlW �. &IIO91P0 [A to5� D NFx WSE W BS/11 404.111-Iffi SI681M1IOA EXHIBIT A -4- 10 BLOCK 1 8 zo00, / 3 /# oo try, / v v / v 6 11L g / I,ri # BLOCK 1 8 v 12.00' o 1240' 2 ` z---- L----1--- - ---- ---� ----� I 20 FOOT SETBACK REOUIREO FOR GARAGE #15 FOOT SEDRACK ALLOWED TO LMNC SPACE. CASTLECREEK SUB REVISIONS: CHAWNECK BY. sl CHECKED [3Y: CNc CK ENGINEERING SETBACK EXHIBIT DATE: 05/8/14 FILE:cAsnL� aawmawr n,n 860 HEADWATERS DR. +.oxc EAGLE, 10 83616 f nip,p PHONE 208-869-0.590 -4- EXHIBIT A 5. Conceptual Building Elevations �Rvc Lke, -5- EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat and conceptual building elevations submitted with this application included in Exhibits A.2 and A.4. b. The rear or sides of homes on lots that face E. Amity Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. c. A 10 -foot wide multi -use pathway connection is required to be constructed at the southeast corner of this site across Lot 13, Block 2 from the sidewalk along Amity Road north to the future pathway. 1.1.2 The preliminary plat included in Exhibit A.2 dated 4/30/14 shall be revised as follows: a. Lots 2 and 3, Block 2 need to be revised to ...a,.,,t cam0 i « ,.r comply with the minimum street frontage requirements listed in aseerd with UDC 11 -2A -3B and Table 11-2A-6. b. Graphically depict and label the Ten Mile Drain easement. c. Graphically depict and label the sewer line easement on Lot 6, Block 1. 1.1.3 The landscape plan included in Exhibit A.3 dated 5/8/14 shall be revised as follows: a. If mitigation is required for any existing trees on the site that are proposed to be removed, such information shall be included on the plan in accord with UDC 11 -3B -10C.5. b. If the unimproved street right-of-way along E. Amity Road is 10 feet or greater from edge of pavement to edge of sidewalk or property line, and street widening project is not in ACHD's five year funded plan, the developer is required to maintain a 10 -foot wide compacted gravel shoulder meeting ACRD construction standards and landscape the remainder with lawn or other vegetative ground cover, per UDC 11 -3B -7C.5; revise plan accordingly. c. The description of the fence on graphic depiction # 4 on Sheet L2.0 should be revised to reflect a 4 -foot tall fence. d. A minimum of one (1) deciduous tree is required per 8,000 square feet of common open space along with lawn, ether seed or sod. e. The Stormwater drainage swale proposed on Lot 12, Block 2 shall be constructed in accord with the standards listed in UDC 11 -3B -I IC. 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. -6- EXHIBIT A 1.1.5 The existing structure(s) on the site shall be removed prior to signature on the final plat by the City Engineer. 1.1.6 The common driveway proposed in Block 1 shall comply with the construction standards listed in UDC 11 -6C -3D.4 which state the driveway shall be paved with a surface capable of supporting fire vehicles and equipment. 1.1.7 A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment, per UDC 11 -6C -3D.8. 1.1.8 A minimum of 1.36 acres of qualified open space shall be provided within the development as proposed on the preliminary plat in accord with the standards listed in UDC 11-3G-3. 1.1.9 Prior to signature on the final plat by the City Engineer, the applicant shall submit a recorded copy of the license agreement with Nampa Meridian Irrigation District (NMID) for the lots that encroach within the Ten Mile Drain easement. 1.1.10 A public pedestrian easement for the multi -use pathway shall be submitted to Jay Gibbons in the Parks Department, prior to signature on the final plat by the City Engineer for approval by City Council and recordation. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to E. Amity Road is prohibited. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC l I -3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. -7- EXIHBIT A 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3 G -3F 1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall subunit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3E. A surety agreement may be accepted for other improvements in accord with UDC I1 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6E- 713 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3E -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant may be eligible for reimbursements of a portion of the expense of installing the sanitary sewer trunk line through this development per MCC 8-6-5. 2.1.2 A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including -8- EXHIBIT A hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 2.1.3 Applicant shall be responsible for the installation of a 12 -inch diameter water main in E. Amity Road adjacent to the south subdivision boundary. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway -9- EXHIBIT A District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office, and provide evidence of their approval prior to signature on the final plat.. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or 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 before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for to- EXHIBIT A duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1.1 The paved street section of E. Fonthill Street shall be widened to 36 feet to allow fire trucks adequate room to maneuver and turn around in lieu of providing a turn around. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 Prior to removal of any of the existing trees on the site, the applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-313-10C.5. 7. ADA COUNTY HIGmvAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 The removal of a new Residential Collector roadway which would run north/south along the west property line between Messina Meadows Subdivision and Amity Road from the MSM is approved. 7.1.2 Dedicate 48 feet of right-of-way from the centerline of Amity Road abutting the site. ACHD will provide compensation for additional right-of-way dedicated beyond the existing right-of-way line. 7.1.3 Construct 5 foot wide detached concrete sidewalk located approximately 42 feet from the centerline of Amity Road abutting the site. Provide a permanent right-of-way easement for sidewalk placed outside of the dedicated right-of-way. 7.1.4 Construct all internal local roads as 34 foot street sections with rolled curb, gutter, and 5 foot wide attached concrete sidewalk within 46 feet of right-of-way as proposed. Obtain written fire department approval for the utilization of a 34 foot street section. 7.1.5 Construct Bankbury Way to intersect Amity Road approximately 2,050 feet east of Glenmere Way as proposed. 7.1.6 Construct a paved temporary turnaround at the terminus of Foothill Street. The turnaround shall have the dimensional requirements of a standard cul-de-sac; or an alternative turnaround may be approved by ACHD. Written fire department approval is required. 7.1.7 Install a sign at the terminus of Fonthill Street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.8 Direct lot access to Amity Road is prohibited and shall be noted on the final plat. 7.1.9 Payment of impacts fees are due prior to issuance of a building permit. -11- EXHIBIT A 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 (1-811-342-1585) 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. 7.2.8 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. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 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 ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 12- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary Legal Description Castlecreek Subdivision -Annexation A parcel being located in the SE %4 of Section 29, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows; BEGINNING at an Aluminum Cap monument marking the southwest corner of said SE''/, from which a 5/8 Inch diameter Iron pin marking the southeast corner of the SE 1/4 of said SE Y4 bears S 89"4343" E a distance of 2656.26 feet; Thence N 0°15'13" E along the westerly boundary of said SE'/, a distance of 721.02 feel to a point on the centerllne of the Ten Mlle Drain; Thence leaving said westerly boundary S 62°20'27" E along said oenlerllne a distance of 603.16 feat to a point; Thence continuing along said centedine a distance of 405.42 feet along the arc of a 1071.91 foot radius curve right, said curve having acentral angle of 21°40'15" and. a long chord bearing S 41"30'20" E a distance of 403.01 feet to a point; Thence leaving said centerline S 0"26'23" W a distance of 114.96 feet to point on the southerly boundary of said SE 1/4; Thence N 89°43'43" W along said southerly boundary a distance of 667.72 feet to the POINT OF BEGINNING. This parcel contains 6.97 acres and is subject to any easements existing or In use. Clinton W. Hansen, PLS Land Solutions, PC April 30, 2014 and ibluitlons ,.,ias..o4�.+�sx -13- Csstlerreek SubdlyWon Job No. 13-57 I0V11113YII_1 CASTLECREEK SUBDIVISION ANNEXATION EXHIBIT wm MW.. N010111 ee 01/4 W1UNW Nf6aNNe NOW1 NQ 2 S 1 I ♦ 1 W \ I6 AREA - e.e7 ACRES � I PC(NT I W= OF 9 eeaNwrm 80 160 -14- N0. Lan olutions Land Surveying and Consuldng 12WI20ea010 fmei)eazss) 8..V T w — �01f° 1 seam• p _ eW.7Y — rT n w•aa' w S MSE E AWY ROAD mei Nel. 1 1 BASIS OF oFAPoNC N0. 1DIIal)1 me�Nel. NA e1W)a11 80 160 -14- N0. Lan olutions Land Surveying and Consuldng 12WI20ea010 fmei)eazss) EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with an R-8 zoning district and proposes a gross density of 2.89 dwelling units per acre consistent with the FLUM designation of LDR. Therefore, the City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. it. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The City Council finds annexing this property with an R-8 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. 15- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council determined there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety, or general welfare. ACHD considers road safety issues in their analysis. -16-