Decatur Estates AZ 15-002ADA COUNTY RECORDER Christopher D. Rich 2015-061374
BOISE IDAHO Pgs=41 VICTORIA BAILEY 07/09/2015 09:38 AM
MERIDIAN CITY NO FEE
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00119447720152015 000 61374041004416
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. 4345 Linder Road, LLC, Owner/Developer
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THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this _ day of Juk-1 , 2015, by and between City of Meridian, a municipal
corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue,
Meridian, Idaho and 4345 Linder Road, LLC, whose address is 13967 W. Wainwright Drive, Ste.
102, Boise, Idaho 83713, hereinafter called OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of
certain tract of land in the County of Ada, State of Idaho, described in Exhibit
"A", which is attached hereto and by this reference incorporated herein as if
set forth in full, herein after referred to as the Property; and
1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance,
require or permit as a condition of zoning that the Owner/Developer make a
written commitment concerning the use or development of the subject
Property; and
1.3 WHEREAS, City has exercised its statutory authority by the enactment of
Section 11-513-3 of the Unified Development Code ("UDC"), which
authorizes development agreements upon the annexation and/or re -zoning of
land; and
1.4 WHEREAS, Owner/Developer has submitted an application for the
annexation and zoning of approximately 39.76 acres of land from the R-1
zoning district in Ada County to the R-4 (Medium Density Residential)
zoning district (as described in Exhibit "X'), under the Unified Development
Code, which generally describes how the Property will be developed and
what improvements will be made; and
I.5 WHEREAS, Owner/Developer made representations at the public hearings
both before the Meridian Planning & Zoning Commission and before the
Meridian City Council, as to how the Property will be developed and what
improvements will be made; and
DEVELOPMENT AGREEMENT—DECATUR ESTATES (AZ -15-002) PAGE 1 OF 8
1.6 WHEREAS, the record of the proceedings for the requested preliminary plat
on the Property held before the Planning & Zoning Commission, and
subsequently before the City Council, includes responses of government
subdivisions providing services within the City of Meridian planning
jurisdiction, and includes further testimony and comment; and
1.7 WHEREAS, on the 2"d day of June, 2015, the Meridian City Council
approved certain Findings of Fact and Conclusions of Law and Decision and
Order ("Findings"), which have been incorporated into this Agreement and
attached as Exhibit `B"; and
1.8 WHEREAS, the Findings require the Owner/Developer to enter into a
Development Agreement before the City Council takes final action on final
plat; and
1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to
enter into this Agreement and acknowledges that this Agreement was entered
into voluntarily and at its urging and request; and
1.10 WHEREAS, City requires the Owner/Developer to enter into a development
agreement for the purpose of ensuring that the Property is developed and the
subsequent use of the Property is in accordance with the terms and conditions
of this Agreement, herein being established as a result of evidence received
by the City in the proceedings for zoning designation from government
subdivisions providing services within the planning jurisdiction and from
affected property owners and to ensure zoning designation are in accordance
with the amended Comprehensive Plan of the City of Meridian on April 19,
2011, Resolution No. 11-784, and the UDC, Title 11.
NOW, THEREFORE, in consideration of the covenants and conditions set forth
herein, the parties agree as follows:
2. INCORPORATION OF RECITALS: That the above recitals are contractual and
binding and are incorporated herein as if set forth in full,
3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and
phrases herein contained in this section shall be defined and interpreted as herein provided for,
unless the clear context of the presentation of the same requires otherwise:
3.1 CITY: means and refers to the City of Meridian, a party to this Agreement,
which is a municipal Corporation and government subdivision of the state of
Idaho, organized and existing by virtue of law of the State of Idaho, whose
address is 33 East Broadway Avenue, Meridian, Idaho 83642.
3.2 OWNER/DEVELOPER: means and refers to 4345 Linder Road, LLC,
whose address is 13967 W, Wainwright, Boise, Idaho 83713, the party that is
DEVELOPMENT AGREEMENT- DECATUR ESTATES (AZ -15-002) PAGE 2 of 8
developing said Property and shall include any subsequent
owner/developer(s) of the Property.
3.3 PROPERTY: means and refers to that certain parcel(s) of Property located
in the County of Ada, City of Meridian as described in Exhibit "A"
describing the parcels to be re -zoned Medium Density Residential (R-4) and
attached hereto and by this reference incorporated herein as if set forth at
length.
4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the
right to develop the Property in accordance with the terms and conditions of this Agreement.
4.1 The uses allowed pursuant to this Agreement are only those uses allowed
under the UDC.
4.2 No change in the uses specified in this Agreement shall be allowed without
modification of this Agreement,
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner/Developer shall develop the Property in accordance with the following
special conditions:
a. Direct lot access to N. Linder Road, an arterial street, is prohibited in accord with UDC
11-3A-3.
b. Future development of this site shall be generally consistent with the preliminary plat and
building elevations depicted in Exhibit A of the Staff Report and the revisions noted in
the Staff Report.
c. A 10 -foot wide multi -use pathway and associated landscaping shall be constructed along
the south side of the White Drain in accord with the Pathways Master Plan. The applicant
shall connect the pathway on this site to the existing segment of the pathway in
Bridgetower Crossing Subdivision to the west with consent from the Bridgetower
Crossing Subdivision's Homeowner's Association. The existing segment ofthepathway
on the Bridgetower Crossing property stops short a little way from the property line.
d. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for the
White Drain to remain open and not be piped due to the large capacity of the facility. Ifa
waiver is not obtained, the waterway is required to be piped. City Council approved a
waiver to UDC 11 -3A -6A to allow the White Drain to remain open and not be piped.
e. The developer shall provide a minimum of 5.02 acres (or 12.631/o) of qualified open
space within the development in accord with the standards listed in UDC 11 -3G -3B.
f. The developer shall provide playground equipment within the central common area on
Lot 6, Block 6, a segment of the City's multi -use recreational pathway and pathways
through internal common areas as depicted on the landscape plan in Exhibit A.3 of the
staff report in accord with the qualified site amenity requirements listed in UDC 11-3G-
3 C.
DEVELOPMENT AGREEMENT—DECATUR ESTATES (AZ— 15-002) PAGE 3 OF 8
6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2)
years after the date of the Findings for the annexation and zoning or it is null and void.
7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF
ZONING DESIGNATION:
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
ternis and conditions included in this Agreement shall constitute default
under this Agreement.
7.2 Notice and Cure Period. In the event of Owner/Developer's default of this
Agreement, Owner/Developer shall have thirty (30) days from receipt of
written notice from City to initiate commencement of action to correct the
breach and cure the default, which action must be prosecuted with diligence
and completed within one hundred eighty (180) days; provided, however, that
in the case of any such default that cannot with diligence be cured within
such one hundred eighty (180) day period, then the time allowed to cure such
failure may be extended for such period as may be necessary to complete the
curing of the same with diligence and continuity.
7.3 Remedies. In the event of default by Owner/Developer that is not cured after
notice as described in Section 7.2, Owner/Developer shall be deemed to have
consented to modification of this Agreement and de -annexation and reversal
of the zoning designations described herein, solely against the offending
portion of Property and upon City's compliance with all applicable laws,
ordinances and rules, including any applicable provisions of Idaho Code §§
67-6509 and 67-6511. Owner/Developer reserves all rights to contest
whether a default has occurred. This Agreement shall be enforceable in the
Fourth Judicial District Court in Ada County by either City or
Owner/Developer, or by any successor or successors in title or by the assigns
of the parties hereto. Enforcement may be sought by an appropriate action at
law or in equity to secure the specific performance of the covenants,
agreements, conditions, and obligations contained herein.
7.4 Delay. In the event the performance of any covenant to be performed
hereunder by either Owner/Developer or City is delayed for causes that are
beyond the reasonable control of the party responsible for such performance,
which shall include, without limitation, acts of civil disobedience, strikes or
similar causes, the time for such performance shall be extended by the
amount of time of such delay.
7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or
more of the covenants or conditions hereof shall apply solely to the default
and defaults waived and shall neither bar any other rights or remedies of City
DEVELOPMENT AGREEMENT- DECATUR ESTATES (AZ -15-002) PAGE 4 OF 8
nor apply to any subsequent default of any such or other covenants and
conditions.
8. INSPECTION: Owner/Developer shall, immediately upon completion of any
portion or the entirety of said development of the Property as required by this Agreement or by City
ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written
approval of such completed improvements or portion thereof in accordance with the terms and
conditions of this Agreement and all other ordinances of the City that apply to said Property.
9. REQUIREMENT FOR RECORDATION: City shall record this Agreement,
including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the
third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by
the City Council. If for any reason after such recordation, the City Council fails to adopt the
ordinance in connection with the annexation and zoning of the Property contemplated hereby, the
City shall execute and record an appropriate instrument of release of this Agreement.
10. ZONING: City shall, following recordation of the duly approved Agreement, enact a
valid and binding ordinance zoning the Property as specified herein.
it. SURETY OF PERFORMANCE: The City may also require surety bonds,
irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the
UDC, to insure the installation of required improvements, which the Owner/Developer agrees to
provide, if required by the City.
12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued
in any phase in which the improvements have not been installed, completed, and accepted by the
City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance
with Paragraph I 1 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by
all ordinances of the City of Meridian unless otherwise provided by this Agreement.
14. NOTICES: Any notice desired by the parties and/or required by this Agreement
shall be deemed delivered if and when personally delivered or three (3) days after deposit in the
United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed
as follows:
CITY:
City Clerk
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPMENT AGREEMENT - DECATUR ESTATES (AZ- 15-002) PAGE 5 OF 8
OWNER/DEVELOPER:
4345 Linder Road, LLC
13967 W. Wainwright Drive, Ste. 102
Boise, ID 83713
14.1 A party shall have the right to change its address by delivering to the other
party a written notification thereof in accordance with the requirements of this section.
15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto
concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall
survive any default, termination or forfeiture of this Agreement.
16, TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time
is strictly of the essence with respect to each and every term, condition and provision hereof, and that
the failure to timely perform any of the obligations hereunder shall constitute a breach of and a
default under this Agreement by the other party so failing to perform.
17. BINDING UPON SUCCESSORS: This Agreement shall be bindingupon and inure
to the benefit of the parties' respective heirs, successors, assigns and personal representatives,
including City's corporate authorities and their successors in office. This Agreement shall be
binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest
in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or
portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any
successor owner or owners shall be both benefited and bound by the conditions and restrictions
herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and
recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion,
had determined that Owner/Developer has fully performed its obligations under this Agreement.
18. INVALID PROVISION: If any provision of this Agreement is held not valid by a
court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement
and the invalidity thereof shall not affect any of the other provisions contained herein.
19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party
shall act reasonably in giving any consent, approval, or taking any other action under this Agreement.
20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action
or other proceeding instituted by any third party (including a governmental entity or official)
challenging the validity of any provision in this Agreement, the parties agree to cooperate in
defending such action or proceeding.
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owner/Developer and City relative to the subject
matter hereof, and there are no promises, agreements, conditions or understanding, either oral or
DEVELOPMENT AGREEMENT--DECATGR ESTATES (AZ -15-002) PAGE 6 OP 8
written, express or implied, between Owner/Developer and City, other than as are stated herein.
Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted
ordinance or resolution of City.
21.1 No condition governing the uses and/or conditions governing re -zoning of the subject
Property herein provided for can be modified or amended without the approval of the
City Council after the City has conducted public hearing(s) in accordance with the
notice provisions provided for a zoning designation and/or amendment in force at the
time of the proposed amendment.
22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the
date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in
connection with the annexation and zoning of the Property and execution of the Mayor and City
Clerk.
[end of text; signatures, acknowledgements, and Exhibits A and B follow]
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement and made
it effective as hereinabove provided.
CITY OF MERIDIAN
By:
Q�S0n, TJED AUCUsl., WU SA./W.tt l
ATTEST: City of
rk IDIAN#
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74cee 1Q Holman, City Clerk ^F SEAL
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DEVELOPMENT AGREEMENT—DECATUR EST
PAGE 7 oP 8
STATE OF IDAHO )
ss:
County of Ada,
On this�"hday of 2015, before me, the undersigned, a Notary Public in and
for said State, personally appeared lodd Am _ , known or identified to me
to be the rQr-Pr of 4345 Linder Road,ILLC, and acknowledged to me that he
executed the same on behalf of said Company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
(SEAL)
ENotsty
A AMYX J'
Public
f Who
STATE OF IDAHO )
ss
County of Ada
blic for Idaho
Residing at: M �b
My Commission Expires: -tel'
On this �+ day of \ �\ &� , 2015, before me, a Notary Public,
personally appeared and Jayce�. Holman, know or identified to me to be the
I�erk es c i e y, o t e 1ty o: eridian, who executed the instrument or the person
It ex cute a instrument of behalf of said City, and acknowledged to me that such City executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year in this certificate first above written.
` .,��.
(SEAT,) pSl
N�J
Notalk Public for
Residing at: "uApn 11)
Commission expires:
DEVELOPMENT AGREEMENT -DECATUR ESTATES (AZ- 15-002) PAGE 8 OF 8
Brinegar Boundary
A parcel being the SE'/. of the NE Y,, of Section 36, Township 4 North, Range 1 West, Boise Meridian,
Ada County, Idaho, more particularly, described as follows:
Commencing at a Brass Cap monument marking the northeast comerofthe NEY.ofsaid Sectkm35,from
which a Brass Cap monument marking the southeast comerof sold NE Y,, bears S 0914'39° We distance
of 2634.70 feet,,
Thence S 0014'39" W along the easterly boundary of sold NW Y. a dislence of 1317.35 feet to the northeast
corner of sold SE { of the NE A and the POINT OF BEGINNING:
Thence continuing along sold easterly boundary S 0.14'39" W a distance of 1317.35 feet to a Brass Cap
marking the southeast comer of said $E % of the NE Y«
Thence N 89' 11'37' W along the southerly boundary of sold SE % of the NE %a dfsianse of 1317.44 feet
to a 5M inch diameter hon pin marking the southwest comer of sold SE'/, of Bre NE Y.;
Thence N 0020'56' E along the westerly boundary of sold SE Y. of the NE Y. a distance of 1314.18 feet to
a 5f0 Inch diameter iron ptn marking the northwest corner of sold SE'/. of the NE %;
Thence S 89'19'61" E along the northerly boundary of said SE %of the NE Y, a distance of 1316.02 feet
to the POINT OF BEGINNING.
This parcel contains 39.70 acres and is subject to any easomenta existing or in use
Vincent Btommer, PLS
Land Solutlons, PC
January 27, 2015
WltYtyTpfHC4NNH7
Decatur Estates — AZ 15-002
adnoear Bouwlwy
Job No. I &W
EXHIBIT B
CITY OF MERIDIAN C VE I ID!IAN�*N-,
FINDINGS OF
FACT, CONCLUSIONS OF LAW jllAND IAH
DECISION & ORDER
In the Matter of the Request for Annexation and Zoning of 39.76 Acres of Land with an R-4 Zoning
District; and a Preliminary Plat Consisting of Ninety -Nine (99) Building Lots and Twelve (12)
Common Lots on 39.76 Acres of Land for Decatur Estates Subdivision, Located at 4345 N. Linder
Road, by 4345 Linder Road, LLC.
Case No(s). AZ -15-002; PP -15-004
For the City Council hearing Date of. May 19, 2015 (Findings on June 2, 2015)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 19, 2015, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 19, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 19, 2015,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 19, 2015, incorporated by reference)
13. Conclusions of Law
I . 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, Aesolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § I1 -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 -15.002; PP -15-004
-3-
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signedby the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Planning Department, the Public Works Department and any affected party requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 19, 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 § 1 I -SA and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per
the conditions of approval in the attached Staff Report for the hearing date of May 19, 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 -6B -7A).
In the event that the development of the preliminary plat is made in successive phases in an
orderly and reasonable manner, and conforms substantially to the approved preliminary plat,
such segments, if submitted within successive intervals of two (2) years, may be considered for
final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B).
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-613-7.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 I1-
613 -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 I 1 -5B -3D).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the two (2) year approval period
(UDC 11.513-3P).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15.002; PP -15.004
-2-
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 most 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 May 19, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ- 15.002; PP -15.004
-3-
By action of the City Council at its regular meeting held on the Z-- day of
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESWENT I(EITH BIRD VOTED``
COUNCIL MEMBER DAVID ZAREMBA VOTED Q
COUNCIL MEMBER IOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED I/
MAYOR TAMMY de WEERD VOTED
(TIEBREAKER)
�1!Z
Mayor Taint de Weerd
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
: 4 �
CityYi -1�
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 86 ORDER
CASE NO(S). AZ -15.002: PP -15.004
-4-
EXHIBIT A
STAFF REPORT Hearing Date: May 19, 2015 CMENL
$to
TO: Mayor & City Council OO
FROM: Sonya Watters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ -15-002; PP -15.004 —Decatur Estates
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, 4345 Linder Road, LLC, has submitted an application for annexation and zoning (AZ)
39.76 acres of land with an R-4 zoning district; and a preliminary plat (PP) consisting of 99 building
lots and 12 common lots on 39.76 acres of land in the R4 zoning district for Decatur Estates
Subdivision.
11. 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.
requests.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
it. In opposition: None
iii. Commenting: Carolvn Yocum; Wayne Ebb Adam Simmons: Jeff Baranco; Jim
Johns: and Lulette Young
Iv. Written testimony: Becky McKav
v. Staff presenting application: Sonva Watters
A. Other staff commenting on application: None
b. Key. Issue(s) of Discussion by Commission:
I. The requirement for the applicant to construct the missing section of the multi -use
C.
d.
Decatur &UtesAZ-15.002; PP -15-004 PAGE
EXHIBIT A
r.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15-
002 & PP -15.004, as presented in the staff report for the hearing date of May 19, 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 -15-002
& PP -15-004, as presented during the hearing on May 19, 2015, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -15-002 & PP -15-004 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 4345 N. Linder Road, in the NE 1/4 of Section 35, Township 4 North, Range
1 West. (Parcel No.: S0435141 800)
B. Owners:
4345 Linder Road, LLC
13967 W, Wainwright Drive, Ste. 102
Boise, Idaho 83713
C. Applicant:
Same as Owner
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
Decatur Estates AZd5-002; PP -15-004 PAGE 2
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r.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15-
002 & PP -15.004, as presented in the staff report for the hearing date of May 19, 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 -15-002
& PP -15-004, as presented during the hearing on May 19, 2015, for the following reasons: (You
should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -15-002 & PP -15-004 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 4345 N. Linder Road, in the NE 1/4 of Section 35, Township 4 North, Range
1 West. (Parcel No.: S0435141 800)
B. Owners:
4345 Linder Road, LLC
13967 W, Wainwright Drive, Ste. 102
Boise, Idaho 83713
C. Applicant:
Same as Owner
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street, Ste. 100
Meridian, ID 83642
Decatur Estates AZd5-002; PP -15-004 PAGE 2
EXHIBIT A
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 Planting & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter S.
B. Newspaper notifications published on: March 30 and April 13, 2015 (Commission); April 27 and
May 11, 2015 (City Council)
C. Radius notices mailed to properties within 300 feet on: March 26,20 15 (Commission); April 23,
2015 (City Council)
D. Applicant posted notice on site(s) on: April 6, 2015 (Commission); May 9. 2015 (City Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property
zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
I. North: Single-family residential properties in Bridgetower Crossing subdivision and a church,
zoned R-4 and L-0 respectively
2. East: N. Linder Road; single-family residential properties in Baldwin Park subdivision, zoned
R-8; and vacant land with a shop, zoned L-0
3. South: Single-family residential properties in Watersong Estates subdivision, zoned R-8
4. West; Single-family residential properties in Bridgetower Crossing subdivision, zoned R-4
C. History of Previous Actions: None
D. Utilities:
1. Location of sewer: Sanitary sewer mains intended to provide service to the proposed
development currently exist adjacent to the proposed development.
2. Location of water: Water mains intended to provide service to the proposed development
currently exist adjacent to the proposed development.
3. Issues or concerns: Applicant shall be required to loop the proposed water system to the
existing water mains adjacent to the proposed development.
E. Physical Features:
1. Canals/Ditches Irrigation: The White Drain (aka Nourse Lateral) crosses the southwest corner
of this property, some smaller irrigation ditches also cross this site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site does not tie within the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density
Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City
limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre
(d.u./acre).
Decatur Estates AZ -15.002; PP -15.004 PAGE 3
EXHIBIT A
The applicant proposes to develop this 39.76 acre site with 99 single-family detached structures at a
gross density of 2.49 dwelling units per acre (d.u./acre) and a net density of 3.82 d.u./acre, which is
below the density desired in MDR designated areas.
The Comprehensive Plan allows for other residential densities to be considered without requirement
an amendment to the Plan; however, the density can only be changed one "step". The applicant
requests a "step" down in density from MDR to Low Density Residential (LDR) as allowed in the
Comprehensive Plan without an amendment to the FLUM. The reason for the request is the need for
larger lot sizes to accommodate their desired product. Some of their product incorporates an RV
garage which requires a larger lot.
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 3 dwelling units or
less per acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent
with the density desired in LDR designated areas. The City Council should consider the applicant's
request for a step down in density for this property.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics);
• "Provide for a wide diversity of housing types (single-family, modular, mobile homes and
multi -family arrangements) and choices between ownership and rental dwelling units for all
income groups in a variety of locations suitable for residential development" (3.07.03B)
The proposed single-family detached dwellings will contribute to the variety of housing types
available within the City. Mafj'is unaware if the proposed dwellings will be owner occupied
or rentals.
• "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 are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC I l -3A-21.
• "Protect existing residential properties from incompatible land use development on adjacent
parcels." (3.06.0117)
The proposed single-family detached dwellings should be compatible with existing
surrounding single-family residential detached dwellings and the existing church to the
north.
• "In residential areas, other residential densities will be considered without requiring a
Comprehensive Plan Amendment. However, the density can only be changed one "step" (i.e.,
from low to medium, not low to high, etc.)."
The preliminary plat depicts a gross density of2.49 d.u./acre in an MDR designated area.
The applicant proposes a "step "down in densityfrom the MDR to the LDR designation for
this site, which allows for single-family homes at gross densities of 3 dwelling units or less
per acre. Approval of the step down in density as requested will allow the applicant to
construct homes that include a garage for RV storage which will contribute to the variety of
housing available within the City and will allow residents to store their RV's in an enclosed
storage area on their own property.
"Require common area in all subdivisions." (3.07.0217)
The proposed plat depicts a total of 5.02 acres (or 12.63%) of quaked open space in accord
with the requirements listed in UDC11-3G-3.
Decatur Estates AZ -15.002; PP -15.004 PAGE 4
(EXHIBIT A
• "Develop pathways to connect Meridian with Boise, Nampa, Kuna, and Eagle." (6.01.02C)
A segment of the City's multi -use pathway system is designated on the Master Pathways Plan
on this site along the south side of the While Drain which connects to existing segments of the
pathway to the west and south and will eventually connect with Boise's and Ada County's
pathway systems.
• "Review new development for appropriate opportunities to connect local roads and collectors
to adjacent properties (stub streets). (3.03.020)
The proposed plat depicts connections to existing stub streets from the north and south for
Interconnectivity.
e "Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development." (3,07.02I)
The subject property is adjacent to existing low density homes and larger lot sizes to the
north and west in Bridgetower Crossing Subdivision and similar density homes and lot sizes
in Watersong Estates Subdivision to the south.
Staff believes the proposed "step" down in density will be consistent and compatible with abutting
low density residential properties to the north and west, and provide a transition to the medium
density residential properties on this site south of the White Drain and the residences in Watersong
Estates and the residences to the east across Linder Road. Therefore, in accord with the above
reasons, stqff believes the proposed development is consistent with the Comprehensive Plan.
VIII. UNIFIED DEVELOPMENT CODE ((JDC)
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.
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
low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per
acre.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-5 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 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-4 zoning district.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-5 for the R-4 zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11 -2A-5 for the R-4 zoning district.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
Decatur Estates AZ15402; PP -15-004 PAGE 5
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
1. Annexation & Zoning
The applicant has applied for annexation and zoning of 39.76 acres of land with an R4 zoning
district. As discussed above in Section VII, staff believes the proposed zoning is consistent with
the policies in the Comprehensive Plan as noted above with a "step" down in density.
The applicant proposes to develop 99 now single-family residential detached homes on 39.76
acres of land as shown on the preliminary plat included 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 67-6511 A. 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 99 building lots and 12 common lots on 39.76 acres of land in a
proposed R-4 zoning district (see Exhibit A.2). The property is proposed to develop in 4 phases,
starting at the north boundary, as shown on the plat. The gross density for the subdivision is 2.49
d.u./acre with a net density of 3.82 d.u./acre. The average lot size is 11,413 square feet.
Existing Structures: There are no existing structures on this site.
Dimensional Standards. Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-5 for the R-4 district and. Stasi has reviewed
the proposed plat and found it to be in compliance with those standards, except for Lot 28,
Block 5 which should have a minimum street frontage of 60 feet.
Block Length: The plat is required to comply with the block length standards listed in UDC 1I -
6C -3F. Staff has reviewed the proposed plat and found it to be in compliance with the
aforementioned standards, except for the portion of Block 5 that lies along the north side of
the White Drain, which exceeds the 750 foot length requirement.
The UDC allows for Council to approve block lengths up to 1,200 feet where the block
design is constrained by a large waterway/irrigation facility such as the White Drain in this
case. Because the multi -use pathway is required to be located on the south side of the White
Drain, it's not feasible to include a pedestrian pathway to break up the block length as
allowed by the UDC. Therefore, Staff recommends Council approve the block length as
proposed at approximately 950 feet in length.
Access: Access is proposed for this site via one access from N. Linder Road and via the extension
of existing stub streets from Bridgetower Grossing (N. Marche Ave. & N. Penngrove Way) and
Watersong Estates (N. Watersong Way). The entry street (W. Monument Drive) off of N. Linder
Road aligns with W. Monument Drive on the east side of Linder.
Streets: All of the proposed streets depicted on the plat are public. A total of 48 -feet of right-of-
way is proposed to be dedicated to ACRD from the centerline of Linder Road abutting the site
and the pavement is required to be widened to 17 feet from centerline where it doesn't currently
exist. Additionally, the entry road (W. Monument Drive) travel lanes should be widened
Decatur Estates AZ -15-002; PP -15-004 PAGE 6
EXHIBIT A
from 12 feet to 20 feet around the center planter island in accord with ACRD and the Fire
Departments standards.
Traffic Impact Study (TLS): A TIS was not required by ACHD for this development.
Parking: Off-street parking is required on each residential lot in accord with the standards listed
in UDC 11-3C-6. Because of the reduced street sections proposed on the plat, parking is restricted
to one side of Ashton Street and no on -street parking is allowed on Penngrove Way, per ACHD
and the Fire Department. Signage 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.
A 25 -foot wide street buffer is required along N. Linder Road, an arterial street, per UDC Table
11 -2A- and is required to be landscaped in accord with the standards listed in UDC 11 -3B -7C. A
30 -foot wide buffer is depicted on the plans in excess of this requirement, The buffer width
along N. Linder Road should be measured from the back of curb per UDC 11 -3B -7C.10(2);
or, the ultimate curb location as determined by ACRD if future road widening is
anticipated; revise plans accordingly.
Landscaping within the common areas is required in accord with the standards listed in UDC i I -
3G -3E. The landscape plan complies with these standards.
Landscaping is required along all pathways in accord with the standards listed in UDC 11-311-
12C. Pathway landscaping is depicted on the plan along all micropaths within the development;
however, no landscaping is depicted along the multi -use pathway adjacent to the White Drain.
The landscape plan should be revised to comply with this requirement; if the Irrigation
District does not allow landscaping within their easement, provide an additional 5 feet
outside of the easement for landscaping.
Tree Mttigation: 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, The landscape plan
incorrectly notes that there are no existing trees on the site.
Parkways: Six-foot wide parkways are proposed in all areas where detached sidewalks are
proposed. The UDC (I 1-3A-17) requires root barriers to be constructed with 6 -foot wide
parkways. An alternative would be to provide 8 -foot wide parkways, which allows the planting of
Class H trees without root barriers. The landscape plan should be revised to either include
root barriers or 8 -foot wide parkways in accord with the standards listed in UDC 11 -3A -
17E.
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 (39.76
acres), a minimum of 3.98 acres of qualified open space is required to be provided as set forth in
UDC 11 -3A -3B. A total of 5.02 acres (or 12.63%) of qualified open space is proposed consisting
of parkways along local streets, 1/2 the street buffer along N. Linder Road, and internal common
open space areas which appears to comply with this requirement. Detailed calculations should
he depicted on the landscape plan submitted with the final plat applications that
demonstrate compliance with the qualfed open space requirements listed in UDC 11.3G -
3B.
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.
Decatur Estates AZ•15.002;PP-15-004 PAGE
EXHIBPf A
Based on the area of the preliminary plat (39.76 acres), staff recommends a minimum of 2
qualified site amenities are provided. The applicant proposes to provide playground equipment
within the central common area on Lot 6, Block 6, a segment of the City's multi -use recreational
pathway and pathways through internal common areas in accord with this requirement.
Pathways: The Pathways Master Plan depicts a regional pathway on this site along the south side
of the White Drain The applicant proposes to provide the extension of the regional pathway
within this site and connect to the existing pathway to the west in Bridgetower Crossing
Subdivision. The pathway in Bridgetower stops short a little ways from the property line; the
applicant should connect the two segments of the pathway with consent from the Bridgetower
Crossing subdivision Homeowner's Association.
A recreational pathway easement for the pathway is required to be submitted to the Park's
Department, approved by City Council and recorded. The applicant should coordinate the
location and details of the easement with Jay Gibbons, Park's Department (888-3579).
Four -foot tall bollard lighting, or other appropriate lighting source, is required along all
pathways through common areas that are not visible from a public street as set forth in
UDC 11 -3A -8H. The landscape plan should be revised to include lighting along pathways in
accord with this requirement.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC I 1-3A-17. The
applicant proposes to construct 5 -foot wide detached sidewalks throughout the development,
except for along Ashton Drive which will have an attached sidewalk.
Utilities: 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. An 8 -inch sewer main
line is located within N. Marche Avenue in Bridgetower Crossing Subdivision and a 15 -inch
sewer main (White Drain Trunk) is located along the south boundary. A 12 -inch water main is
located in N. Linder Road, and 8 -inch water mains are located within N. Marche Avenue, N.
Watersong Way, and in the N. Penngrove Way. Water connections will need to be made in N.
Linder Road, Watersong Way, Marche Avenue, and N. Penngrove Way, thereby looping the
water system.
Street lighting is required to be installed within the development in accord with the City's
adopted standards, specifications and ordinances.
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. PI is proposed to be provided from
the Mattlock #29 Lateral of the Settler's Irrigation District. A pump station will be located at the
southeast corner of the development with an overflow to the White Drain.
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. Stormwater is
proposed to be accommodated onsite through the use of underground seepage beds.
Waterways: There are some irrigation ditches that cross this site and the White Drain runs along
the southwest comer of the site within a 70 -foot wide Settler's Irrigation District easement. The
UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left
open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council
may waive this requirement for large capacity facilities. The applicant requests a waiver from
Council to allow the White Drain to remain open due to its large capacity and proposes to
provide a bridge over the drain for a vehicle/pedestrian crossing.
Decatur Estates AZ•15.002;PP-15-004 PAGE
EXHIBIT A
Floodplain: This property does not lie within the Meridian Floodplain Overlay District.
Building Elevations: The applicant has submitted 5 conceptual sample building elevations for
future homes in this development, included in Exhibit A.4. Building materials appear to consist of
a mix of horizontal lap siding and stucco with shako shingle and stone accents.
Because homes on lots that back up to N. Linder Road will be highly visible, staff
recommends the rear or sides of structures on lots that face the street incorporate
articulation through changes in materials, color, modulation, and architectural elements
(horizontal and vertical) to break up monotonous wall planes and roof lines.
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
The landscape plan depicts existing vinyl fence along the north and west sides of the
development. Six-foot tall vinyl privacy fence is proposed to be constructed by the developer
along the south boundary of the site; no other fencing is proposed.
Per UDC 11.3A -7A.7, the developer is responsible to construct fencing adjacent to
micropath connections to distinguish common from private areas. Additionally, per UDC
11 -3A -6B, the White Drain is required to be fenced with an open vision fence at least 6 feet
in height and having an 11 -gunge, 24nch mesh or other construction, equivalent in ability to
deter access to the waterway. The landscape plan should be revised to include these
requirements. Fencing adjacent to all interior pathways and common open space is restricted to
4 feet in height if closed vision material is used or 6 feet in height if open vision material is used.
In summary, Staffrecommends approval ofthe proposed annexation andpreliminaryplat 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. DrawingsiOther
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 2/26/15)
3. Proposed Landscape Plan (dated: 1/6/15)
4. Conceptual Building Elevations (dated: 11/16/14)
5. Conceptual Development Plan (dated: 9/17114)
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
Decatur Estates AZ -15-002; PP -15-004 PAGE 9
EXHIBIT A
2. Proposed Preliminary Plat (dated: 2/26/15)
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3. Proposed Landscape Plan {dated: March 20]5)
DECATUR ESTATES
MERIDIAN, ID PRELIMINARY PLAT LANDSCAPE PLAN
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B. ERIHBIT B - AGENCY & DEPARTMENT COMNIENTS/CONDMONS
1. PLANNINGDEPARTMENT
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 N. Linder Road, an arterial street, is prohibited in accord with UDC 11-
3A-3.
b. Future development of this site shall be generally consistent with the preliminary plat and
building elevations depicted in Exhibit A and the revisions noted in the staff report.
c. A 10 -foot wide multi -use pathway and associated landscaping shall be constructed along the
south side of the White Drain in accord with the Pathways Master Plan. The applicant shall
connect the pathway on this site to the existing segment of the pathway in Bridgetower
Crossing Subdivision to the west with consent from the Bridgetower Crossing Subdivision's
Homeowner's Association. The existing segment of the pathway on the Bridgetower Crossing
property stops short a little wayfrom the property line.
d. The applicant shall obtain a waiver from City Council to UDC 11 -3A -6A in order for the
White Drain to remain open and not be piped due to the large capacity of the facility. If a
waiver is not obtained, the waterway is required to bepiped. City council aooroved a waiver
e. The developer shall provide a minimum of 5.02 acres (or 12.63%) of qualified open space
within the development in accord with the standards listed in UDC 11 -3G -3B.
f. The developer shall provide playground equipment within the central common area on Lot 6,
Block 6, a segment of the City's multi-uso recreational pathway and pathways through
internal common areas as depicted on the landscape plan in Exhibit A.3 in accord with the
qualified site amenity requirements listed in UDC 11-30-3C.
1.1.2 The preliminary plat included in Exhibit A.2, dated 2/26/15, shall be revised as follows:
a. Revise the stFeet ffentage an Lot 28, Bleale Ste eemply with the minimum stfeet Rootage of
ee60ft in the D A dist..:. ..eF UDO Table l 2 A G
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b. Widen the travel lanes around the planter island on W. Monument Drive to 20 -feet, per
ACHD and Fire Department standards.
5-
EXHIBTP A
1.1.3 The landscape plan included in Exhibit A.4, dated March 2015, shall be revised as follows:
a. If 6 -foot wide parkways are provided within the development, depict root barriers in accord
with the standards listed in UDC 11 -3A -17E; or, increase the width of the parkways to 8 feet
(root barriers are not required with 8 -foot wide parkways).
b. The buffer width along N. Linder Road should be measured from the back of curb per UDC
11-3B-7C.la(2); or, the ultimate curb location as determined by ACRD if future road
widening is anticipated; revise accordingly.
c. Include fencing adjacent to all micropath connections to distinguish common from private
areas, per UDC I 1 -3A -7A.7. Tencing adjacent to all interior pathways and common open
space is restricted to 4feet in height if closed vision material is used or 6feet in height f
open vision material is used.
d. The White Drain is required to be fenced with an open vision fence at least 6 feet in height
and having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter
access to the waterway in accord with UDC 11 -3A -6B,
e. If any of the existing trees on the site 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. Any existing trees proposed
to be retained on-site should be noted on the plan.
f. Include detailed calculations that demonstrate compliance with the qualified open space
requirements listed in UDC 11-30-313.
g. Landscaping is required adjacent to the multi -use pathway along the south side of the White
Drain in accord with the standards listed in UDC 11-313-12C. If the Irrigation District will not
allow landscaping within their easement, provide an additional 5 feet outside of the easement
for landscaping.
h. Depict 4 -foot tell bollard lighting, or other appropriate lighting source, along all pathways
through common areas that aro not visible from a public street as set forth in UDC I 1 -3A -8H.
-6-
EXHIBIT A
1.1.4 A 14 -foot wide recreational pathway easement is required to be provided along the south side of
the White Drain for the multi -use pathway. The applicant shall coordinate with Jay Gibbons,
Park's Department (208-888-3579), on the location of the easement, The easement should be
submitted 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 rear or sides of structures on lots that face N. Linder 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.
1.1.6 The applicant shall submit a detail of the playground equipment proposed on Lot 6, Block 6 with
the final plat application for the second phase of development.
1.1.7 Parking is restricted to one side of Ashton Street and no on -street parking is allowed on
Penngrove Way, per ACRD and the Fire Department due to the reduced street sections proposed
on the plat. Signage shall be installed accordingly.
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 I 1-3A-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-4 zoning district listed in UDC
Table 11-2-A-5.
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, UAC 11-311-6 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 -3B -SJ.
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 asset forth in UDC 11 -3B -
11C.
1.2.11 Construct all parkways consistent with the standards asset forth in UDC 11 -3A -17E, 11-30-3135
and I1 -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 UAC 11-3B-10.
1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle.
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EXHIBIT A
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 11-3B-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 -I1.
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 1 I -
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 -SC -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 -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
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 -3B -14A.
2. PUBLIC WORKS DEPARTMENT
2.1 SITE SPECIFIC CONDITIONS OF APPROVAL
2.1.1 Applicant shall shall be required to connect to the existing 8 -inch sewer main line is located
within N. Marche Avenue in Bridgetower Crossing Subdivision and the 15 -inch sewer main
(White Drain Trunk) is located along the south boundary.
2.1.2. Applicant shall be required to connect to the existing 12 -inch water main located in N. Linder
Road, and the 8 -inch water mains located within N. Marche Avenue, N. Watersong Way, and in
the N. Penngrove Way, thereby looping the water system into all available locations.
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EXHIBIT A
2.1.3 The applicant shall be required to add or modify street lights at the following locations:
1. Add a strectlight at the intersections of N Oldfield Way and W Monument Drive
2. The streetlight shown between Lots 6&7, Block 2, needs to be moved closer to the W.
Astonte St and N Penngrove Way intersection.
3. Add a strectlight at the pathway in the cul-de-sac on W Decatur Dr. and N Oldfield Way,
the spacing between lights at this location is not to City standards.
4. Type 1 lighting shall be required along the frontage of the development along Linder
Road. Plan requirements can be found In section 6-5 of the Improvement Standards for
Street Lighting at http://www.moridiancity.org/publie_works.aspx?id=272
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 casements 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 easements) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20 -feat 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 l l" 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.
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
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EXHIBIT A
(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.
22.8 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 S. 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 ACRD. 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 Iights 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
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department's website at htq)://www.meridiancity.orgtpublie—works.aspx?id=272. The
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EXHIBIT A
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 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire
Code Sections 503.4 & D103.6.
4.2 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.3 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International FIre Code Section 503.2.1.
4.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather
surface are required to be installed before combustible construction material is brought onto the site,
as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10.4-2J.
4.5 The roadways shall be built to Ada County highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth
in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2.
4.6 The entry road (W. Monument Drive) should he widened from 12 feet to 20 feet around the
planter Island in accord with ACED and the Fire Departments standards.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 Meridian's adopted Pathways Master Plan indicates a multi -use pathway along the White Drain.
The developer shall construct a 10 foot wide multi -use pathway and connect to the existing multi-
use pathways in Bridgetower Crossing No. 13 and Watersong Estates.
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EIiHMIT A
6.2 Prior to City Engineer signature on the final plat, the applicant shall provide a pedestrian pathway
easement covering the required multi -use pathway along the White Drain for signature and
recordation by the City.
6.3 The applicant shall have an ongoing obligation to maintain all pathways.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Dedicate 48 -feet of right-of-way from the centerline of Linder Road abutting the site, as
proposed.
7.1.2 Construct a 5 -foot wide detached concrete sidewalk located a minimum of 42 -feet from the
centerline of Linder Road abutting the site, as proposed. Provide a permanent right-of-way
easement if public sidewalks are placed outside of the dedicated right-of-way.
7.1.3 Widen the pavement on Linder Road to 17 -feet from centerline where is does not currently exist.
7.1.4 Construct one roadway onto Linder Road, Monument Drive centerline to centerline with
Monument Street on the east side of Linder Road across from the site.
7.1.5 Construct the entry portion of Monument Drive with two 12 -foot travel lanes, a 12-1oot wide
center landscape island, vertical curb, gutter, a 6 -foot wide planter strip, and a 5 -foot wide
detached concrete sidewalk. Obtain written fire department approval for the 12-footwide travel
lanes or redesign the entry portion of Monument Drive to provide two 20 -foot wide travel lanes.
7.1.6 Dedicate the 12 -foot wide center landscape island as right-of-way owned by ACRD. Enter into a
license agreement with ACRD for any landscaping proposed to be placed within the center
landscape island.
7.1.7 Construct Ashton Drive as a 29 -foot street section with rolled curb, gutter, and a 5 -foot wide
attached concrete sidewalk within 50 -feet of right-of-way, as proposed. Parking is restricted on
one side of Ashton Drive. Coordinate a signage program with ACHD Development Review staff.
7.1.8 Extend Penngrove Way into the site as a 25 -foot wide minor local street, with vertical curb and
gutter within 27 -feet of right-of-way and a 5 -foot wide attached concrete sidewalk along the west
side of Penngrove Way within a 7 -foot sidewalk easement. Parking is restricted on both sides of
Penngrove Way; coordinate a signage program with District Development Review staff.
7.1.9 Construct all other internal local streets, including the extensions of Marche and Watersong Way,
as 33 -foot street sections with rolled curb, gutter, a 6 -foot wide planter strip, and a 5 -foot wide
detached concrete sidewalk within 56 -feet of right-of-way.
7.1.10 Other than access specifically approved, as part of this application direct lot access to Linder
Road is prohibited and shall be noted on the final plat.
7.1.11 Payment of impacts fees are due prior to issuance of a building permit.
7.1.12 Comply with all Standard Conditions of Approval.
7.2 Standard Conditions of Approval
7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way.
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
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EXHIBIT A
Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of
ADA comnliance 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 -0f --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 ACRID 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 ACRD 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 ACRD 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 ACRD.
7.2.12 if the site plan or use should change in the future, ACRD 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.
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EXHIBIT A
C. Legal Description & Exhibit Map for Annexation Boundary
Brinegar Boundary
A pares! being the SE Y. of Ore HE X. of Section 36, Township 4 Nodk Rove 1 West, Boise 1JuMM,
Ada County, Idaho, more patgadany dssodw as fovmw ,
CommandoVat* Brm Cap monument mwkbgthe nodbenataaaarofins NEY.otaidt,o fort 36,rrom
which a Bmss Cap monument maddng the aouthaast oomerof said NE % bam S 011439' W a distance
of 2834.70 feet;
TtMMS 044W W Stong Um entcrtybouatay of eakt [4W Y a diehuwaof 1317.38feat to ttw hhor3wast
comer of sold SE Y. of the HE X and tho PONT OF BEGINNING;
Thence contimulaq along said eadedy boundary 8 0014130" W a distance of 1317.38 feet to a Braes Cep
Mktng the ooutlwaet Domer of tdd SE N of No HE Yr•
Thence N 89.11'37" W along the ooultwdy boundary of cold SE Y. of the HE X a dishwe of 1317.44 Inca
to 8!e Inch diameter kon pin maddrg Bw southwed conwrorsWd SE Y. of go NE Yo;
Thane N 0120'88' E @long the weetery bound" of Sold 8E %of She HE %a aHsfenee of 1314.18 Nat to
atillInch diameter Ironpin markingthe not6h ed comer of said BE Y. ofthe NEY;
Thence 889.19'61" E along the nodhady twundwy of wdd SE Y of the HE Y+a distance of 1318.02 fad
to the PONT OF BEGINNING.
This pacdcordoIns 39.76 acroa and k a sol: to any assemarda e>deWq Orin use.
VinovABI mmar,150
Lead Solutions, PC
Jamrery 27, 2016
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N�tliM
EXHIBIT A
D. Required Mailings 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 39.76 acre property with an R-4 zoning
district and develop 99 new single-family residential homes. The City Council finds that the
proposed map amendment complies with the provisions of the Comprehensive Plan with a
step down in density as requested by the applicant and should be compatible with adjacent
residential and church uses (see section Vll 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-4 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 11-511-3.E).
The City Council finds annexing this property with an R-4 zoning district is in the best
interest of the City.
2. Preliminary PIat 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 Vll, of the Ste Report for more
information.
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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 finds 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 is not aware of any
associated with the platting of this property.
analysis.
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health, safety, or environmental problems
ACRD considers road safety issues in their