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Bellabrook East AZ-15-001 PP-15-001CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER EIDIANg- �J In the Matter of the Request for Annexation and Zoning of 5.19 Acres of Land with an R-15 Zoning District; and Preliminary Plat Consisting of Nine (9) Building Lots, Two (2) Common Lots and One (1) Other Lot on 5.14 Acres of Land for Bellabrook East Subdivision, Located at 398 S. Locust Grove Road, by ZWJ Properties, LLC and Jerry Cunningham. Case No(s). AZ -15-001; PP -15-001 For the City Council Hearing Dates of. March 17 and 24, 2015 (Findings on April 7, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing dates of March 17 and 24, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing s of March 17 and 24, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing dates of March 17 and 24, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing dates of March 17 and 24, 2015, 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 -7 84 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 -15-001; PP -15-001 -I- 6. That the City has granted an order of approval and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 17 and 24, 2015, 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 per the provisions in the attached Staff Report for the hearing date of March 17 and 24, 2015, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of March 17 and 24, 2015, 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 1I - 6B -7C). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-001; PP -15-001 -2- 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 March 17 and 24, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-001; PP -15-001 -3- By action of the City Council at its regular meeting held on the ! wV`day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED—V-1— COUNCIL OTED COUNCIL MEMBER DAVID ZAREMBA VOTED_* COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) _ Mayor Tam . eerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: Cityrk' O Ic CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-001; PP -15-001 -4- Attest:''- a Hilo Jaycee Hoan S13l1 t. City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: Cityrk' O Ic CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -15-001; PP -15-001 -4- STAFF REPORT TO: FROM: SUBJECT: Hearing Date: March 24, 2015 (Continued from: March 17, 2015) Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 AZ -15-001; PP -15-001 — Bellabrook East I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST E IDIANIZ---, The applicant, ZWJ Properties, LLC, has submitted an application for annexation and zoning (AZ) of 5.19 acres of land with an R-15 zoning district; and preliminary plat (PP) consisting of 9 building lots, 2 common lots and 1 other lot on 5.14 acres of land in the R-15 zoning district for Bellabrook East Subdivision. 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 & Zonin! Commission heard these items on February 19, 2015. At the public hearing, the Commission moved to recommend approval of the subiect AZ and PP requests. a. Summary of Commission Public Heariniv i. In favor: Ben Thomas ii. In opposition: None W. Commenting: None iv. Written testimony: Ben Thomas, Applicant's Representative v. Staff presentinE application: Sonya Watters A. Other staff commenting on application: None b. Key Issues) of Discussion by Commission: L Preference for pavement rather than travel for the emergency access road via Locust Grove Road for maintenance purposes. c. Key Commission Changes) to Staff Recommendation: L None d. Outstanding Issue(s) for City Council: L None a. 111PlY1l*6UQ11IM IIR n n i i Maw 11"f I 1 ILI i I, i i Bellabrook East AZ -15-001; PP -15-001 PAGE 1 1 XZWMTT.rTCTDiscuSSi0TW0C1T MI 11 1 1 1 1 1, 1 I' II 1\ 1. 1 1 1 111: 1• e l l e l 1 1 1 1 1 I' 11U RuNAW I I Vj I I N its LITEI 1' • 1 .' I 1 11 1 1 1/ 1 1 \ 11 ' 1 i 1 11 ell1 Min I'_1 11 l a I' 1 1 II II 1 1 ►' I I 1 1 1 11' r, 1 I I l r l 11II I 1 11 I 1 1 II II l l I I 1 1rr . ! .1' I 1 1!' 11 W—"I 1 11 1 1 IRMIT11 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15- 001 & PP -15-001, as presented in the staff report for the hearing date of March 17, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-001 & PP -15-001, as presented during the hearing on March 17, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -15-001 & PP -15-001 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 398 S. Locust Grove Road, in the NW 1/4 of Section 17, Township 3 North, Range 1 East. (Parcel No.'s: S1117223575 & S1117223580) B. Owners: ZWJ Properties, LLC 333 W. Rossi, Ste. 200 Boise, Idaho 83706 Jerry Cunningham 1874 E. Bowstring Street Meridian, ID 83642 C. Applicant: ZWJ Properties, LLC 333 W. Rossi, Ste. 200 Boise, Idaho 83706 Bellabrook East AZ -15-001; PP -15-001 PAGE 2 D. Representative: Ben Thomas, Civil Innovations, PLLC P.O. Box 170811 Boise, ID 83717 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: February 2, and 16, 2015 (Commission); February 23, and March 9, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: January 22, 2015 (Commission); February 23, 2015 (City Council) D. Applicant posted notice on site(s) on: February 7, 2015 (Commission); March 7, 2015 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of one rural residential property and one undeveloped property, both zoned R1 in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties and common area in Bellabrook Subdivision, zoned R-15 2. East: Property is currently in the development process as a self-service storage facility, zoned C -G 3. South: Single-family residential properties in Woodbridge Subdivision, zoned R-4 4. West: Single-family residential properties in Bellabrook Subdivision, zoned R-15 and S. Locust Grove Road C. History of Previous Actions: The subject property was split in 2003 without approval from Ada County Development Services (ROS #6325). The subject lands include both properties that were part of the 2003 split and is therefore considered a parcel for development. D. Utilities: 1. Location of sewer: Sanitary sewer mains to provide service to the proposed development currently exist at the east terminus of E. Kalispell Street. 2. Location of water: Water mains intended to provide service to the proposed development currently exist at the terminus of E. Kalispell Street and in S. Locust Grove Road. 3. Issues or concerns: Applicant shall be required to loop the proposed water system to the existing water main in S. Locust Grove Road via an extension through Lot 1, Block 1, and stub an 8 inch diameter main to the end of the east leg of the "snoopy" turnaround for potential future extension. Bellabrook East AZ -15-001; PP -15-001 PAGE 3 E. Physical Features: 1. Canals/Ditches Irrigation: There are some irrigation ditches that cross this site and the Fivemile Creek runs along the northeast corner of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: A portion of this site along the east property boundary lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Mixed Use - Community (MU -C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of MU -C designated areas is to allocate areas where community -serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip commercial type buildings. All developments should have a mix of at least three land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 dwelling units per acre (d.u./acre). See Comprehensive Plan for more information (pages 27-29). The applicant proposes to annex the site with an R-15 zoning district and develop the western 2.14 acre portion of the site with 8 new single-family homes in addition to the existing home; no development is proposed on Lot 5, Block 2, the eastern 3 acre portion of the site, at this time. The gross density of the development area (not including Lot 5, Block 2) is 4.21 d.u./acre with a net density of 8.11 d.u./acre. The Comprehensive Plan does not list single-family residential developments as an appropriate use in MU -C designated areas; however, the R-15 zoning district is listed as a possible zoning choice, which allows single-family homes as a principal permitted use. Although the applicant is not proposing a mix of uses on this site, this property is part of larger area consisting of approximately 40 acres designated for MU -C uses. There are already a mix of uses in this area as follows: a daycare center to the west across Locust Grove; an existing church to the north of this site; property at the southwest corner of Franklin & Locust Grove Roads zoned R-40 which will most likely redevelop with multi -family residential uses; and the property at the southeast corner of Franklin & Locust Grove Roads which has received approval for a multi -family development. There are also several rural residential parcels within this area that when redeveloped, should contribute to the mix of uses in this area. Policies: 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): • "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 medium density residential development should contribute to the variety of residential uses that exist in this area which currently consist of medium -density and rural low-density residential developments. • "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) No pedestrian pathways are stubbed to this site from adjacent developments, nor are any proposed with the subject plat. Due to the size of the development and the relatively short Bellabrook East AZ -15-001; PP -15-001 PAGE 4 block lengths, staff is not recommending a pathway connection to the east to Lot 5, Block 2 and a self-service storage facility is proposed at the east subdivision boundary making a pathway connecting unfeasible. A segment of the City's multi -use pathway is planned along the east side of the Fivemile Creek, per the Pathways Master Plan. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (3.03.03C) The proposed plat depicts a connection to the existing stub street, E. Kalispell Street, in Bellabrook Subdivision to the west for access via S. Locust Grove Road. A "snoopy " turn- around is proposed at the south end of S. Calabrese Avenue which will be extended to the east with future redevelopment of Lot 5, Block 2. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required along S. Locust Grove Road, an arterial street, in accord with the standards listed in UDC I1 -3B -7C. Separate permits shall be obtained for any new signage and fencing. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0IF) The proposed residential development should be compatible with the adjacent residential properties to the west and south. • "Require common area in all subdivisions." (3.07.02F) The proposed 5.14 acre development is required to provide a minimum of 10% (or 0.51 of an acre) qualified open space in accord with the requirements listed in UDCl1-3G-3. The landscape plan depicts a total of 0.56 of an acre of common area, which includes Lot 1, Block 1 where the emergency access driveway is located, and the landscaped common area on Lot 6, Block 2. The common area on Lot 1, Block I does not count toward the qualified open space requirements (see Analysis below for more information). The landscape plan should be revised accordingly. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0 IF) City services are available and will be extended by the developer upon development of the site in accord with UDC 11-3A-21. Analysis: The gross density of the proposed development at 4.21 dwelling units per acre is below the low-end of the desired density range of 6 to 15 d.u./acre in MU -C designated areas; and single-family residential uses are not typically desired in MU -C designated areas. However, because this site is surrounded by single-family residences in Bellabrook and Woodridge subdivisions, and a large area of the eastern portion of the site is within the floodplain, Staff feels the proposed density is appropriate. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide fora range of housing opportunities consistent with the Meridian comprehensive plan. 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 Bellabrook East AZ -15-001; PP -15-001 PAGE 5 high-density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family detached dwellings is a principal permitted use in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Ii;A,1►r.,I'6U= A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 5.19 acres of land with an R-15 zoning district. As discussed above in Section VII, staff feels the proposed zoning is consistent with the corresponding FLUM designation of MU -C and the policies in the Comprehensive Plan as noted. The applicant proposes to develop 8 new single-family residential detached homes in addition to the existing home on the western 2.14 acre portion of the annexation area, as shown on the preliminary plat included in Exhibit A.2. The eastern 3 acre portion of the site is proposed as a single lot to be developed in the future. This property was previously divided through a record of survey without approval from Ada County. For this reason, the City is requiring both parcels to be annexed and included in a subdivision to legally subdivide the property. The eastern 3 acre portion of the site is owned by an adjacent home owner in Woodbridge Subdivision. 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. A conceptual development plan was submitted with this application that shows one possible way the eastern portion of the site may re -develop in the future with 12 single-family residential building lots. The owner of the property has no desire to develop his property at this time and would like to reserve the right to develop the property in the future in a manner consistent with the zoning regulations in place at that time. 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 as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 9 building lots, 2 common lots and 1 other lot on 5.14 acres of land in a proposed R-15 zoning district. No development is proposed on Lot 5, Block 2 at this time; a Bellabrook East AZ -15-001; PP -15-001 PAGE 6 conceptual development plan was submitted showing how this lot may possibly develop in the future (see Exhibit A.5). The gross density for the subdivision, excluding Lot 5, Block 2, is 4.21 d.u./acre with a net density of 8.11 d.u./acre. Lot sizes for new homes range in size from 3,979 to 5,073 s.f. Existing Structures: There is an existing home and outbuildings on the western 2.14 acre parcel. The home is proposed to remain on Lot 4, Block 2; the outbuildings are proposed to be removed. The existing home complies with the setback standards of the R-15 district. The outbuildings should be removed prior to signature on the final plat by the City Engineer. The existing home that is proposed to remain on Lot 4, Block 2 shall be required to hook up to City water and sewer service within 60 days of services being available per Meridian City Code 9-1-4 and 9-4-8. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 district and UDC 11-2A-3. Staff has reviewed the proposed plat and found it to be in compliance with those standards. Block Length: The plat is required to comply with the block length standards listed in UDC 11- 6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the aforementioned standards. Traffic Impact Study (TIS): A TIS was not required by ACRD for this development. Access: Access is proposed to this site via S. Locust Grove Road from an extension of E. Kalispell Street, an existing stub street in Bellabrook Subdivision at the west property boundary. A public street, S. Calabrese Avenue, is proposed for access within the development. An emergency access via S. Locust Grove Road is depicted on the plat on Lot 1, Block 1 at the southwest corner of the site. Removable bollards or a 20 -foot wide gate with a Knox padlock should be installed across the emergency access driveway to restrict access for emergency purposes only. The emergency access driveway via S. Locust Grove Road on Lot 1, Block 1 shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. The driveway shall be marked in accordance with Appendix D Section D103.6 Signs. Stub Streets: A stub street, E. Kalispell Street, exists at the west boundary of this site and is proposed to be extended with development. A "snoopy" turn -around is proposed at the south boundary of the site. This roadway may extend to the east in the future. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Parking is restricted to one side of the street on E. Kalispell Street; no parking signs should be installed accordingly. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.4. All landscaping should comply with the standards listed in UDC 11-3B and 11-3G-3. A 25 -foot wide street buffer is required along S. Locust Grove Road, an arterial street, on Lot 1, Block 1, per UDC Table 11-2A-7. Landscaping within the street buffer is required to comply with the standards listed in UDC 11 -3B -7C. Landscaping within the common areas is required in accord with the standards listed in UDC 11 -3G -3E. The landscape plan should be revised to comply with these standards. Bellabrook East AZ -15-001; PP -15-001 PAGE 7 Tree Mitigation: If there are any existing trees on the site that are proposed to be removed, 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. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11 -3G -3A.1. Based on the area of the preliminary plat (5.14 acres), a minimum of 0.51 of an acre of qualified open space is required to be provided as set forth in UDC 11 -3A -3B. The plat depicts a total of 0.56 of an acre of common area consisting of the common lot (Lot 1, Block 1) on which the emergency access road is located and the landscaped common area on Lot 6, Block 2. Additional landscaping needs to be added in Lot 1, Block 1 in accord with the standards listed in UDC 11 -3G -3E in order to count toward qualified open space; the plan should be revised accordingly. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11 -3G -3A.2, in accord with the standards listed in UDC 11 -3G -3C. Based on the area of the preliminary plat (5.14 acres), a minimum of one amenity is required to be provided. The applicant proposes a paved pathway along the Fivemile Creek as an amenity. Because the pathway is not required to be constructed until Lot 5, Block 2 develops at some time in the future, staff recommends another amenity is provided by the applicant with development of the western portion of the site. Parkways: Parkways are not proposed with this development. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the east side of the Fivemile Creek. No pathways are depicted on the plans but the application states a pathway is proposed to be provided as an amenity along the Fivemile Creek. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required along S. Locust Grove Road, an arterial street; the landscape plan should be revised accordingly. 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. 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. Waterways: There are some irrigation ditches that cross this site and the Fivemile Creek runs along the northeast corner of the site. Floodplain: A portion of this site along the east property boundary 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. Bellabrook East AZ -15-001; PP -15-001 PAGE 8 Building Elevations: The applicant has submitted three pictures of typical sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal and vertical siding and stucco with stoneibrick accents. Because none of these homes will back up to an arterial or collector street or public space, staff does not recommend any changes to the proposed sample elevations. Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. A small section of 6 -foot tall vinyl privacy fence is proposed to be constructed by the developer at the southwest corner of Lot 5, Block 2 as shown on the landscape plan. In summary, Staff recommends 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 with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 9/17/14) 3. Proposed Landscape Plan (dated: 1/6/15) 4. Conceptual Building Elevations 5. Conceptual Development Plan (dated: 9/17/14) B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Bellabrook East AZ -15-001; PP -15-001 PAGE 9 A. Drawings 1. Vicinity/Zoning Map 1300 1450 (u�4 O 1475 (�I 6149 50 100 150 185 180 195 19 215 220 ------- 1300 255 300 335 325 376 33 330 347 358 35 M121'1345 --- ----- 769 360 385 1617 r I � 401 a 1260 1322 1400 1450 1510 1580 413 - -- 435 451 ` 152 Exhibit A 529 1624 2080 1620 1850 1912 1994 2058 2112SOMEONE. w�c11n !J .6.5ssae��sam 1885 2031 2075 2119 215! 1819 2110 145 2140 247 0 2135 21 1975 289 ------- ----- $i 1758) 330 335 21 5 304 7 326 9 348 373 370 1725 2115 2127 213 1820 1832 1850 1874 1896 1922 2056 2088 2112 2114 2122 2 .._....... . 436 437 / 440 !� 457 458 l 1 446 449 2115 2; 4T2 tM 496 173 476 465 � 478 481 3 491 50�1 494 489 496 2000 1 538 541 21 510 506 507 515 11nn_ _J 518 519 66 520 565 528 531 553 t 5 535 ` 542 t\ 2123 SM 545 577 557 l\ 564 569 1959 �" •�� 1815 1909 19311 -� 601 `.\ 618 1738 615 \\ 630 Ott-- �1 621 627 629 636 630 647 641 648 645 1846 193 6" 657 686 651 665 662 667 - 672 660 67 691 688 689 [851 1923 694 603. 718 . 713 710 715 a 716 740 733 730 717 764 712 737 738 735 ,\\ 715 758 759 760 782 — 751 766 1 771 1971 809 1943 778 m 9 79 Page 1 2. Proposed Preliminary Plat (dated: 9/17/14) BELLABROOK UST SUBDIVISION M-10- " ig oII r 1 �OF M-10- " ig Exhibit A Page 2 oII Exhibit A Page 2 3. Proposed Landscape Plan (dated: 11/10/14) OVERALL SATE PLAN E!E/IEOI�RMIIMMEII 0�14L0►N a DATA: /eeMSnb EfnMNnW ', 3 luv.. DiE KAtrT..•. �......t7Y �.. ... LANDDOAM NOTN �?ap9cw'rs'E Ql AL IAIDWAN NOTU m E3 ST Z11 FOR LwBa�C� VIANTUM FLAN E KAL15F� E KA ISPEL STRE - BTREfiT \ IE\ 4�Tn SP .6 21 ti 41" SP f!qt kiln SIS OP MOCK 2 BLOCK 2 a - - mc23.' °—_ i }�Yj • 1.1 MOCK 2 12 ' S v 1 II ?. E Bc/u.�GCA .AVE.... _ ... L I f TO OTN4 NW<1[ o �� S AI E X 4 O I'1n F/ SF \ J, i L:. saaz er 1 I I \ v .A. ...-... . IB SP9 •I1 -A 7 ti.. moi. +..,:,'..._._.-.••s:'•5`.`Nee''Sa ¢1•W` .j.� PPM -PLAT - LANDSCAPE PLAN IE E I L11 Exhibit A Page 3 i OVERALL SATE PLAN E!E/IEOI�RMIIMMEII 0�14L0►N a DATA: /eeMSnb EfnMNnW ', 3 luv.. DiE KAtrT..•. �......t7Y �.. ... LANDDOAM NOTN �?ap9cw'rs'E Ql AL IAIDWAN NOTU m E3 ST Z11 FOR LwBa�C� VIANTUM FLAN E KAL15F� E KA ISPEL STRE - BTREfiT \ IE\ 4�Tn SP .6 21 ti 41" SP f!qt kiln SIS OP MOCK 2 BLOCK 2 a - - mc23.' °—_ i }�Yj • 1.1 MOCK 2 12 ' S v 1 II ?. E Bc/u.�GCA .AVE.... _ ... L I f TO OTN4 NW<1[ o �� S AI E X 4 O I'1n F/ SF \ J, i L:. saaz er 1 I I \ v .A. ...-... . IB SP9 •I1 -A 7 ti.. moi. +..,:,'..._._.-.••s:'•5`.`Nee''Sa ¢1•W` .j.� PPM -PLAT - LANDSCAPE PLAN IE E I L11 Exhibit A Page 3 4. Conceptual Building Elevations -2- 5. Conceptual Development Plan (dated: 9/17/14) no L 4 -3- 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. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to S. Locust Grove Road, an arterial street, is prohibited in accord with UDC 11-3A-3, except for emergency access only via Lot 1, Block 1, as depicted on the plat. b. Future development of this site shall be generally consistent with the preliminary plat, conceptual development plan, and building elevations depicted in Exhibit A and the requested modifications included in this report. c. The existing home that is proposed to remain on Lot 4, Block 2 shall be required to hook up to City water and sewer service within 60 days of services being available per Meridian City Code 9-1-4 and 9-4-8. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. d. Prior to development of Lot 5, Block 2; the property shall be included in a recorded plat to create a legal lot. e. When Lot 5, Block 2 develops, a 10 -foot wide pedestrian pathway shall be constructed along the east side of the Fivemile Creek in accord with the Pathways Master Plan. 1.1.2 The preliminary plat included in Exhibit A.2, dated 9/17/14, shall be revised as follows: a. Revise note #1 as follows:"... with Title 11 of Meridian City Code unless other-wi. " b. Revise note #4 as follows: "All lot lines common to public and private streets are hereby designated to have a ten (10) foot ..." c. Revise note #10 as follows: "Direct lot access to S. Locust Grove Rd. is prohibited Bless speeifieally allowed b Ada r,. nt., High„ Dist. et and Gib, of Mer-idiexcept for emergency access only on Lot 1, Block 1. 1.1.3 The landscape plan included in Exhibit A.4, dated 11/10/14, shall be revised as follows: a. Depict removable bollards or a 20 -foot wide gate with a Knox padlock across the emergency access driveway to restrict access for emergency purposes only. The bollards/gate should be located at least 35 feet in from the street to allow adequate room for emergency vehicles to pull off S. Locust Grove Road. b. A 25 -foot wide street buffer is required along S. Locust Grove Road on Lot 1, Block 1, per UDC Table 11-2A-7 landscaped in accord with the standards listed in UDC 11 -3B -7C. c. A 5 -foot wide detached sidewalk is required along S. Locust Grove Road in accord with UDC 11-3A-17. d. Landscaping within the common areas is required in accord with the standards listed in UDC 11 -3G -3E. sE e. Remove "EW ffem the plan if fie pa-ving exists en Let ,Bleek, the plan yi assess -read Depict a paved emergency access road within Lot 1, Block 1 as required by the City Council in accord with Fire Department standards. f. Additional landscaping is required in Lot 1, Block 1 in accord with the standards listed in UDC 11-3G-3, in order to count the area toward qualified open space E. g. Depict the location of the picnic table or similar amenity on Lot 1, Block 1. 1.1.4 A 14 -foot wide recreational pathway easement is required to be provided along the east side of the Fivemile Creek. The applicant shall coordinate with Jay Gibbons, Park's Department (208- 888-3579), on the location of the easement and submit the easement to the Park's Department for approval by the City Council and subsequent recordation, prior to signature on the final plat by the City Engineer. 1.1.5 The applicant shall identify one site amenity to be provided with development of th-e western portion of the site at the Planning & Zoning Commission hearing shall provide a picnic table (or similar amenity) as a site amenity within Lot 1, Block L. in accord with UDC 11-3G-3. 1.1.6 Prior to any development occurring in the Floodplain 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. 1.1.7 The existing outbuildings on the site shall be removed prior to signature on the final plat by the City Engineer. 1.1.8 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. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Table 11-2-A-7. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 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 11-313-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-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 -3B - 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5 and 11-313-7C. -5- 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 11-3B-10. 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 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-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 -3G -3F1. 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 submit 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 -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat asset forth in UDC 11 -6B -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 -6B - 7B (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 asset forth in UDC 11-613-7. 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 -3B -14A. -6- 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to loop the proposed water system to the existing water main in S. Locust Grove Road via an extension through Lot 1, Block 1, and stub an 8 inch diameter main to the end of the east leg of the "snoopy" turnaround for potential future extension. 2.1.2 If the existing home is to remain, it shall be a requirement of the applicant to hook it up to City water and sewer service within 60 days of services being available. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. 2.1.3 If the existing home is to remain, the street address will be changed to appropriately be associated with the new development. 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 (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 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. -7- 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 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. 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street -s- Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. 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 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 An emergency access via S. Locust Grove Road is depicted on the plat on Lot 1, Block 1 at the southwest corner of the site. Removable bollards or a 20 -foot wide gate with a Knox padlock is required to be installed across the emergency access driveway to restrict access for emergency purposes only. 4.2 The emergency access driveway via S. Locust Grove Road on Lot 1, Block 1 shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. The driveway shall be marked in accordance with Appendix D Section D103.6 Signs. 4.3 Parking is restricted to one side of the street on E. Kalispell Street; no parking signs should be installed accordingly. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 A 14 -foot wide recreational pathway easement is required with this development. Construction of the pathway may be delayed until such time as Lot 5, Block 2 is developed. The applicant shall coordinate with the City's Pathways Project Manager for easement location and distance from existing top of bank. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1 Replace any broken or deteriorated curb, gutter, or sidewalk on Locust Grove Road abutting the site, consistent with the District's Minor Improvement policy. -9- 7.2 Construct a new local street, Calabrese Avenue, as a 33 -foot street section with curb, gutter, and 5 -foot wide attached sidewalk within 44 -feet of right-of-way. 7.3 Construct the proposed snoopy turnaround at the terminus of Calabrese Avenue with an inside turning radius of 26 -feet. 7.4 Provide a permanent right-of-way easement for any public sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 feet behind the back edge of the sidewalk. 7.5 Continue Kalispell Street into the site and construct as a 29 -foot street section with curb, gutter, and 5 -foot wide sidewalk within 41 -feet of right-of-way for approximately 100 -feet where it will terminate into Calabrese Avenue. Install "NO PARKING" signs on one side of Kalispell Lane. 7.6 Provide written fire department approval for use of a street section less than 36 -feet prior to plan approval. 7.7 Reduce the existing approach onto Locust Grove Road from the site, down to a maximum 24 -foot wide driveway with curb, gutter, and 7 -foot wide sidewalk; and restrict the access with a gate, chain, or bollards. 7.8 Provide written fire department approval for the emergency access and restrictive method. 7.9 Pave the driveway its full width and at least 30 -feet into the site beyond the edge of pavement of the roadway. 7.10 Payment of impacts fees are due prior to issuance of a building permit. 7.11 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 ACRD 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 - lo- Operations 387-6190 in the event any ACRD 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 3 87-625 8 (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. -11- C. Legal Description & Exhibit Map for Annexation Boundary Legal Descrinlion Bellabrook East Subdivision Annexation Parcel A parcel of land located in the NW % of the NW % of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the southwest corner of said NW % of the NW % from which a brass cap monument marking the northwest comer of the NW Y. of said Section 17 bears N 0°31'43' E a distance of 2658.74 feet; Thence N 0'31'43" E along the westerly boundary of said NW % a distance of 1329.18 feet to a 518 inch diameter marking the southwest corner of said NW % of the NW % and the POINT OF BEGINNING; Thence continuing N 0°31'43' E along said westerly boundary a distance of 50.00 feet to a point; Thence leaving said westerly boundary S 89°58'07" E along the southerly boundary of Bellabrook Subdivision as shown in Book 106 of Plats on Page 14588, records of Ada County, Idaho, and the prolongation thereof a distance of 425.18 feet to a 5/8 inch diameter iron pin; Thence N 0°32'24" E along the easterly boundary of said Bellabrook Subdivision a distance of 310.91 feet to a 5/8 inch diameter iron pin; Thence S 89°59'37" E along the southerly boundary of said Bellabrook Subdivision a distance of 567.77 feet to a point; Thence leaving said southerly boundary S 0030'42" W a distance of 361.15 feet to a point on the northerly boundary of Snorting Bull Subdivision — Phase 1 as shown in Book 81 of Plats on Page 8764, records of Ada County, Idaho; Thence along said northerly boundary N 89058'07' W a distance of 993.11 feet to the POINT OF BEGINNING. This parcel contains 5.19 acres. Clinton W. Hanson, PLS Land Solutions, PC Revised: December 3, 2014 .and i o1utIons -12- L LAIy0 11116 02 a ATF 00 fpr `N W.NPt� 86118brook St"Visim No. 2 Job No. 14-0 BELLABROOK EAST SUBDIVISION ANNEXATION EXHIBIT -17 E. fRANWUW M v S 8959",Y7* E 567.77' 00 O S �9g00, ANNEXA TION AREA gE N 5.19 ACRES N O S 89:58'07" E 425.18' 2 54. 0.00' "' 1 99.311' N 89"58'07" W PO/NT OF 00 SEDYMNC 5000 w a L ups 18 17 1/4 1111 ��4rFOf W.�y`` �OHH�� Lanolutlons 0 75 150 300 land Surveying and Consulting 231 E. STH ST, STE. A MERVY" n $3642 120M.?W 040 120gzes-2551 fax www.laraubir -13- 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 5.14 acre property with an R-15 zoning district and develop 8 new single-family residential homes (in addition to the existing home). The proposed use combined with existing uses in the area will contribute to the mix of uses desired in MLT -C designated areas. 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, church and commercial 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-15 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 map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 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 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 11-513-3.E). The City Council finds annexing this property with an R-15 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. -14- 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; Based on comments received from the public service providers (i.e., Police, Fire, ACRD, etc.) City Council finds development will not be detrimental to the public health, safety or general welfare; and e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds this development will not be detrimental to the public health, safety, or general welfare of the community. ACHD considers road safety issues in their analysis. -15-