Sovi AZ 15-007ADA COUNTY RECORDER Christopher D. Rich 2015-088643
BOISE IDAHO Pgs=42 BONNIE 09/24/201510:57 AM
MERIDIAN CITY NO FEE
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00148609201600886430420423
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. C15 LLC, Owner/Developer
A' THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into
this l4tfh day of September , 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
83642 and C15 LLC, whose address is 4824 W. Fairview, Meridian, Idaho 83642, hereinafter
called OWNER/DEVELOPER.
RECITALS:
1.1 WHEREAS, Owner 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 Owners and/or 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 have submitted an application for the
annexation of approximately 5.08 acres of land from the RUT zoning district
in Ada County to the R-15 (Medium -High Density Residential) zoning
district (as described in Exhibit "A"), under the Unified Development Code,
which generally describes how the Property will be developed and what
improvements will be made; and
1.5 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— SOVI SUBDIVISION (AZ— 15-007) 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 1 st day of September, 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 C15, LLC, whose address is
4824 W. Fairview Avenue, Meridian, Idaho 83642, the parties that are
DEVELOPMENT AGREEMENT - SOVI SUBDIVISION (AZ - 15-007) PAGE 2 OF 8
Na
developing said Property and shall include any subsequent 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 -High Density Residential
(R-15) 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. Future development of this site shall be consistent with the preliminary plat,
landscape plan (including the common open space; a covered picnic area and a
pedestrian connection to the school on the west boundary) and building elevations
attached in Exhibit A of the Findings of Fact and Conclusions of Law attached as
Exhibit `B" and the revisions noted in the staff report.
b. All single-family dwellings constructed within the project shall substantially conform
to the materials and elevations proposed and included in Exhibit A.4 of the Findings
of Fact and Conclusions of Law attached as Exhibit `B". The rear or sides of
structures on lots that back up to S. Eagle Road (Lots 2-9, Block 1), as well as to S.
Milan Ave. and Ionia Court (Lots 14, 16, 25 and 44, Block 1) will be highly visible;
these lots shall incorporate articulation through changes in materials, color,
modulation, and architectural elements (horizontal and vertical) to break up
monotonous wall planes and roof lines.
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:
DEVELOPMENT AGREEMENT - SOVI SUBDIVISION (AZ - 15-007) PAGE 3 OF 8
7.1 Acts of Default. Either party's failure to faithfully comply with all of the
terms 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 (18 0) 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/Developers reserve 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
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.
DEVELOPMENT AGREEMENT - SOVI SUBDIVISION (AZ - 15-007) PAGE 4 OF 8
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.
11. 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 agree 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 11 above.
13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agree 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 Cleric.
City of Meridian
33 E. Broadway Ave.
Meridian, Idaho 83642
OWNER/DEVELOPER:
C15 LLC
4824 W. Fairview Avenue
Meridian, Idaho 83642
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
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
DEVELOPMENT AGREEMENT - SOVI SUBDIVISION (AZ - 15-007) PAGE 5 OF 8
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 binding upon 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 have fully performed their 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
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.
DEVELOPMENT AGREEMENT- SOVI SUBDIVISION (AZ- 15-007) PAGE 6 OF 8
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
Cleric.
[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.
OWNER/DEVELOPER:
C15 LLC
3
1
Jim Conger`
CITY OF MERIDIAN
By:
Mayo a -e Weerd
ATTEST: Sa�Pten aucvl
ti
City of
DIAN?"
l0 AH0
ayce Holman, dity Clerk,/
y SEAL
All
DEVELOPMENT AGREEMENT — SOVI SUBDIVISION (AZ — 15-007) PAGE 7 OF 8
STATE OF IDAHO )
ss:
County of Ada, )
On this day of ", 2015, before me, the undersigned, a Notary Public in and
for said State, personally appeared Jim Conger known or identified to me to be the
d of C15, LLC, 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) °.•1�Iy Nig®s., '
a °.•°°°°°•••; sr Notary Public for Idaho
e ty0 TqR Residing at:
* My Commission Expires: B
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STATE OF IDAHO )
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County of Ada )
On this � � day of 'N'l , 2015, before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the
Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person
that executed the 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.
`®some®® r l
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Jam®®
(SEAL)�® Notary ubl c for Ida
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DEVELOPMENT A• lI $LIEDIVISION (AZ— 15-007) PAGE 8 OF 8
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Exhibit A
Sawtooth Land Surveying, LLC
P: (208) 398-8 1Oji r: (208) :398-8105
- 2030 5. tiW;)5hnq['on Ave., Frnmett, ICJ 835 17
July 14, 2015
Annexation Legal for
SOVI Parcel
A parcel of land located in the NE1/4 of the NE1/4 of Section 29, T. 3 N., R. 1 E., B.M., Ada
County, Idaho, more particularly described as follows;
COMMENCING at a found brass cap marking the northeast corner of Section 29;
Thence South 0027'46" West, coincident with the east line of the NE1/4 of the NE1/4 of said
Section 29, a distance to 960.97 feet to the POINT OF BEGINNING;
Thence continuing South 01127'46" West, parallel with said east line of the NE1/4 of the NEI/4
of Section 29, a distance to 330.00 feet;
Thence North 89037'13" West, 670.97 feet to a point on the north boundary of Messina Village
Subdivision No. 1, as shown on file in Book 86 of Plats at Page 9758, Ada County Records;
Thence North 0027'46" East, coincident with the north boundary of said Messina Village
Subdivision No. 1, and the east boundary of Messina Hills Subdivision No, 1, as shown on file
In Book 87 of Plats, at Page 9829, Ada County Records, 330.00 feet to a point on the south
boundary of Medford Place Subdivision, as shown on file in Book 97 of Plats at Page 12107,
Ada County Records;
Thence South 89037'13' East, coincident with said south boundary of Medford Place
Subdivision, 670.97 feet to the POINT OF BEGINNING.
The above described parcel contains 5.08 acres more or less.
Together with and subject to covenants, easements and restrictions of record.
Carl Porter, PLS
End Description
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Sovi Subdivision — AZ 15-007
Exhibit A
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OWNERIDEVELOPER:
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EMMETT, ID 83617
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4624 W FAIRVIEW AVE.
P: (208) 398-8104
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BOISE, IDAHO 83706
336-5355
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Sovi Subdivision — AZ 15-007
CITY OF MERIDIAN �-
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FINDINGS OF FACT, CONCLUSIONS OF LAW
AND I.AHO
DECISION & ORDER
In the Matter of the Request for Annexation of 5.08 Acres of Land with an R-15 Zoning District
and Preliminary Plat Consisting of Thirty -Six (36) Residential Building Lots and Seven (7)
Common Lots on Approximately 4.86 Acres for Sovi Subdivision, located at 3515 S. Eagle Road, by
DevCo.
Case No(s). AZ -15-007 and PP -15-010
For the City Council Hearing Date of: August 18, 2015 (Findings on September 1, 2015)
A. Findings of Fact
1. Heating Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by
reference).
2. Process Facts (see attached Staff Report for the hearing date of August 18, 2015, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of August 18,
2015, incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of August 18, 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. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval of the annexation and preliminary plat request in
accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AL -15-007; PP -15-010
-1-
copy served by the Clerk upon the applicant, the Planning Division, 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 August 18, 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 Pact which are herein adopted, it is hereby ordered that:
1. The applicant's request for Annexation and Preliminary Plat is hereby approved per the
conditions of approval in the attached staff report for the hearing date of August 18, 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 I I -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 11-613-713).
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 11-
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 11 513-313).
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 11-513.3F).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ -15-007; PP -I5-010
2
E. Notice of Final Action and Right to Regulatory Takings Analysis
l . The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code,
F. Attached: Staff Repoli for the hearing date of August 18, 2015
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S). AZ -I5-007; PP -I5-010
-3-
By action of the City Council at its regular meeting held on the day of
2015.
COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED
COUNCIL VICE PRESIDENT KEITH BIRD VOTED)
COUNCIL MEMBER DAVID ZAREMBA VOTED LA -
COUNCIL MEMBER JOE BORTON VOTED
COUNCIL MEMBER LUKE CAVENER VOTED
COUNCIL MEMBER GENESIS MILAM VOTED_LDS
MAYOR TAMMY de WEERD VOTED ✓'
(TIE BREAKER)
Mayor Ta e
0`,p;[BDAUCcs o
Attest:G ?o
4�
P City of i
CyEP\,TD lAi�*,-
ITiAHO
Taycee Jbiman ` y SEAL.
City Clerk
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney.
By:_ Dated: I ,
City Clerl 's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -15-007; PP -15-010
-4-
STAFF REPORT
Hearing Date:
TO:
FROM:
SUBJECT:
EXHIBIT A
August 18, 2015
Mayor and City Council
Bill Parsons, Planning Supervisor
208-884-5533
Josh Beach, Associate City Planner
Bruce Freckleton, Development Services Manager
208-887-2211
AZ -15-007; PP -15-010 — Sovi Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, DevCo, has submitted an application for annexation and zoning (AZ) of five (5) acres
of land with an R-15 zoning district; and a preliminary plat (PP) consisting of thirty-six (36) building
lots and seven (7) common lots in the R-15 zoning district for Sovi Subdivision.
Note: On the submitted preliminary plat, the applicant contends that subject plat consists of
4.77acres of land. The County's land records indicate that the property is 5 acres in size. During the
surveying of the property, the applicant discovered a discrepancy in the boundary of the property that
would create a strip of land (varies in width between 10 feet to 14 feet) that is not included in the
annexation or plat boundary. This discrepancy is not addressed in the application.
II. SUMMARY RECOMMENDATION
Staff recommends denial of the proposed AZ and PP applications. The Meridian Planning and
Zoning Commission heard these items on July 16, 2015. At the public hearing, the Commission
voted to recommend approval of the subiect AZ and PP request.
a. Summary of Commission Public Hearing:
i. In favor: Jim Conger
ii. In opposition: None
W. Commenting: None
iv. Written testimony: Ann Marie Baird, Steven Yearsley, and Jerry and Judy Ferrell
v. Staff presenting application: Bill Parsons
A. Other staff commenting on application: None
b. Key Issues) of Discussion by Commission:
L The requirement to connect S. Milan Ave. to E. Rome Dr.
c. Key Commission Change(s) to Staff Recommendation:
i. Prior to the Commission hearing, the applicant was able to secure ownership for the
strip of land on the west boundary of the develop. The revised exhibits in the staff
report reflect the incorporation of property into both the annexation boundary and the
Preliminary plat boundary including the inclusion of an amenity and a commitment to
providing a pedestrian connection to the school site along the west boundary. Because
the applicant was able to correct the discrepancies identified in the staff report, the
Commission voted to recommend approval with the conditions of approval that were
presented during the public hearing. The Commission did not require (condition of
approval 1.2.2a) the applicant to extend S. Milan Ave. to the south boundary of the
Preliminary plat and approved the connection to E. Rome Drive as proposed.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 1
EXHIBIT A
d. Outstanding Issue(s) for City Council:
L Stubbinia E. Rome Drive along the south boundary in lieu of a common driveway.
ACHD, Tuscany HOA and the Commission are not supportive of the stub street.
ii. Converting Lots 29 and 31, Block linto non -buildable lots and creating an exclusive use
easement for the future owners of Lots 28 and 32 Block 1 to use and maintain
Jill 1 •1 1 1 1_'. 1 1 I1 IJ -'--'-- -: I_ :_ L' 1_1_ ! _1• 1'
. 11.1 • 11 • J_1 I'' 1 - -
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15-
007 and PP -15-010, as presented in the staff report for the hearing date of August 18, 2015, with the
following modifications: (Add any proposed modifications.)
of subjeet staff report. If the �t� ,
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-007
and PP -15-010, as presented during the hearing on August 18, 2015, for the following reasons: (You
should state specific reasons for denial.)
1. Th i
ying/owner-ship diserepaney
between the
deeds, the
legal deseription
supplied
the west
by the > and the subdivision
boundary of the proposed subdiAlsion.
plat,
2. The layout
spalee, the
of the preliminary plat does
use of common driveways eould
not inelude the proper-
ereate a parking
amount
issue
of useable open
for the proposed
development,
3. Annexation
there is novehieulaF eonneetivity
of the subjeet property is
to Messina
not in the best interest
Village,
of the
In favor:
JI
I1'
jL
J opposition:
None
IJ1JJ_'
L
n•
\ I
L
Written
testimon
\1J
y,
Staff
1
1_ _1'1L__io
OtheryL
on all
1 1
► 1 1•
J
1_ Discussion
1
L
The
extension
of S.
Milan
Ave,
t
E.
RmngDx1y-e.
jL
Proposed
lots
sizes
within
the
development,
UL
Extending
1
1
1 the
development
in
lieu
of public
The
use of
Lots
29
and
31as
part
-of
t1 • side
yardsof
Lots _:
and
32, i -1
Setbacks
- measured
on
Lots
28 and
i
1 ..
Key
CouncilI_
J_
• '
I Staff/Commission
i 1 _I_!
1_I_ •
1 1
a _ I J_
Council
Il_1a
1 the
requirementta-twistructMilan
Ave,1
street to the
south
Council
boundary_(condition
approved_
1
of
i'
ap1
1
_:
Block
1 take
access
from a common-driyeim
accord
with
site
specificcondition
1.
approval
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15-
007 and PP -15-010, as presented in the staff report for the hearing date of August 18, 2015, with the
following modifications: (Add any proposed modifications.)
of subjeet staff report. If the �t� ,
Denial
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-007
and PP -15-010, as presented during the hearing on August 18, 2015, for the following reasons: (You
should state specific reasons for denial.)
1. Th i
ying/owner-ship diserepaney
between the
deeds, the
legal deseription
supplied
the west
by the > and the subdivision
boundary of the proposed subdiAlsion.
plat,
2. The layout
spalee, the
of the preliminary plat does
use of common driveways eould
not inelude the proper-
ereate a parking
amount
issue
of useable open
for the proposed
development,
3. Annexation
there is novehieulaF eonneetivity
of the subjeet property is
to Messina
not in the best interest
Village,
of the
and ther-
City at this time.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 2
EXHIBIT A
Continuance
I move to continue File Numbers AZ -15-007 and PP -15-010 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 3515 S. Eagle Road, in the NE t/4 of Section 29, Township 3 North, Range 1
East. (Parcel No.: 51129110400)
B. Owners:
Sara Jane Brodin
3515 S. Eagle Road
Meridian, ID 83642
C. Applicant:
Jim Conger, DevCo
4824 W. Fairview Ave.
Meridian, ID 83642
D. Representative:
Same as applicant
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning and preliminary plat. A public hearing is
required before the Planning & Zoning Commission and City Council on this matter, consistent
with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: June 29 and July 13, 2015 (Commission); July 27 and
Aumust 10, 2015 (City Council)
C. Radius notices mailed to properties within 300 feet on: June 25, 2015 (Commission); July 23,
2015 (City Council)
D. Applicant posted notice on site(s) on: July 6, 2015 (Commission); August 7, 2015 (City
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: The annexation area consists of a vacant agricultural property
and a single-family home zoned RUT in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Single-family residential properties in Medford Place Subdivision, zoned R-8.
2. East: S. Eagle Road; single-family residential zoned property in Golden Eagle Estates
Subdivision, zoned R-8.
3. South: Single-family residential properties in Messina Village Subdivision, zoned R-4
4. West: Siena Elementary School, zoned R-4.
C. History of Previous Actions: None
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 3
EXHIBIT A
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: No major facilities.
2. Hazards: Staff is not aware of any hazards that exist on this property.
3. Flood Plain: This site does not lie 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).
The applicant proposes to develop the property with thirty-six (36) single-family detached and
attached dwellings at a gross density of 7.55 dwelling units per acre (d.u./acre) and a net density of
10.56 d.u./acre.
Staff finds the density proposed by the applicant with the preliminary plat is consistent with the MDR
designation; however staff believes that the plat as designed lacks useable open space, has limited
connectivity and limited on -street parking and would create a "no mans" strip of land that is not
incorporated into the proposed project.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
"Restrict private curb cuts and access points on collectors and arterial streets."(3.06.02D,
Page 53)
The proposed development will not connect to Eagle Road which is an arterial street. The
traffic from the proposed development will be funneled through S. Milan Ave., which is a
local street that connects to Eagle Road through Medford Place Subdivision. Staff is
supportive of the extension of S. Milan Avenue however; staff believes the applicant should
extend this street to the south boundary of the property so the City and ACHD can work with
the Tuscany HOA on a f tture connection to E. Rome Drive.
"Require appropriate landscaping and buffers along transportation corridor (Setback,
vegetation, low walls, berms, etc.)." (3.06.02F Page 54)
The applicant has proposed a 25 foot wide landscape buffer along S. Eagle Road in
accordance with UDC 11 -3B -7C.
3. "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, Page
56)
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 4
EXHIBIT A
If approved, the proposed single-family detached and attached dwellings would contribute to
the variety of housing types available within the City, consistent with the surrounding
residential developments.
4. "Require usable open space to be incorporated into new residential subdivision plats."
(3.07.02A Page 55)
UDC 11-3G-3 requires that a minimum of 10% of open space be provided as well as one site
amenity. The plat as designed provides no useable open space. The drainage pond proposed
for the development is not useable open space. Due to ACHD's requirement for a twelve foot
wide gravel access road across the proposed open space, this area does not constitute usable
open space.
5. "Require common area in all subdivisions." (3.07.02F Page 55)
The proposed plat depicts a total of 0.44 acres of qualified open space; however the
preliminary engineeringplan shows that the open space will be used as a drainage pond.
With the requirement of a 12 foot gravel access road to the pond by ACHD, there will be no
useable open space and the proposed subdivision would not comply with the UDC.
6. "Require pedestrian access in all new development to link subdivisions together and promote
neighborhood connectivity." (3.07.02C Page 55)
The preliminary plat shows a five foot sidewalk that would connect the proposed development
to the Medford Place Subdivision to the north. The plat does not, however, connect
pedestrians to the Messina Village Subdivision to the south, or to Siena Elementary School to
the west.
7. "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 Page 45)
City services are available and will be extended by the developer to the proposed lots upon
development of the site in accord with UDC 11-3A-21.
8. "Review new development for appropriate opportunities to connect local roads and
collectors to adjacent properties (stub streets). (3.03.020 Page 48)
The proposed plat depicts connections to the existing stub street from the north; an
emergency access to the south via E. Rome Drive is also shown.
NOTE: There is an existing cross -access easement to this property, created with the platting
of Messina Village Subdivision to the south. The applicant is not proposing to utilize this
existing cross -access easement for a public street connection to E. Rome Drive, but has
chosen to only provide an emergency access in this location. In reviewing the history of the
Messina Village Subdivision, staff believes that this cross access easement was meant to
serve as a public street connection to E. Rome Drive. Without this connection, residents
driving their children to school will have to turn out onto Eagle Road (an arterial road) and
then turn back onto E. Rome Drive.
9. "Support infill of vacant lots in substantially developed, single-family areas at densities
similar to surrounding development." (3.07.02I Page 55)
The subject property is adjacent to existing single-family homes and similar lot sizes to the
north in Medford Place Subdivision. The proposed development, with the proposed zoning of
R-15, is similar to the surrounding uses.
10. "Ensure development provides safe routes and access to schools, parks, and other community
gathering places." (3.07.02N Page 56)
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 5
EXHIBIT A
The proposed development notes a possible pedestrian access to the Siena Elementary
school. The development should ensure that pedestrian access is provided ft•om this site to
Siena so that children are not required to access the school property by using Eagle Road
and E. Rome Drive.
NOTE: Currently, a strip varying in width from 10 feet to 14 foot 6 inches exists behmen
what the applicant claims to own and Siena Elementary School, which prevents the
development from connecting to the school property to the west. No one is claiming
ownership of this strip of land. This small strip of land could become a real nuisance and
potentially a hazard if no one claims ownership and maintains it. Before the subject property
is annexed and developed, this ownership discrepancy should by resolved.
Based on the above analysis, staff finds that the proposed development is not consistent with
the comprehensive plan and recommends denial.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range. The medium
density residential (R-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 and attached dwellings is principally permitted use in the R -I5 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 Table 11-2A-7 for the R-15 zoning district.
E. Common Open Space and Site Amenity Requirements: Common open space and site amenities
are required to be provided on the site in accord with the requirements listed in UDC 11-3G-3.
F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation & Zoning: The applicant has applied for annexation and zoning of five (5) acres of
land with an R-15 zoning district. As discussed above in Section VII, staff believes the proposed
zoning and density is consistent with the vision of the Comprehensive Plan, however due to the
lack of pedestrian and vehicular connectivity, the lack of useable open space, the limited on -
street parking due to the number of common driveways and the potential to create a "no
man's strip", staff believes it is not in the City's best interest to annex the property until
these issues are resolved.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed. The property is contiguous to land that has been annexed
into the City to the north, south and east, and is within the Area of City Impact boundary.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 6
However if annexed a "no man's strip" will be created on the west boundary, just east of Siena
Elementary. This area is not included in the annexation and creates a parcel that is not
developable and may not be maintained into the future. Staff believes until the entire lands
between Eagle Road and Siena Elementary are included, annexation of this property is not
in the best interest of the City.
Preliminary Plat: The proposed plat consists of thirty-six (36) building lots and seven (7)
common lots on 5 acres of land. The R-15 zoning district is proposed for the development (see
Exhibit A.2). The gross density for the subdivision is 7.2 d.u./acre. The average lot size is 4,126
square feet.
The plat, as currently designed, would create a strip of "no man's land" that varies in width
from 10 feet to 14 foot 6 inches on the west boundary. Staff believes that the annexing and
subdividing this property would create several significant problems for the City including:
It would create a parcel that is not developable or annexed into the city — and
probably never would be annexed;
It would create an enclave parcel that would not be maintained by an HOA or any of
its members — and may become a nuisance;
The parcel may create significant issue for code enforcement, police and/or fire
personnel; and
With the design as proposed using three (3) common driveways to access seventeen
(17) of the proposed lots, there could be significant parking issues within the
proposed development.
Existing Structures: There is an existing single family home on the site that will be demolished
as part of this project.
Dimensional Standards: Development of this site is required to comply with the dimensional
standards listed in UDC 11-2A-3 and Table 11-2A-7 for the R-15 district and. Staff has reviewed
the proposed plat and found it to be in compliance with the R-15 dimensional 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.
Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation
of the lots and structures shall be shown on the preliminary plat and/or as an exhibit with the final plat
application. Staff has determined that the preliminary plat does not show the required details as
set forth in UDC 11-6C-3. Staff believes that there are too many homes being accessed off of
private driveways, due to the current design of the plat, and the limited connectivity to and
through the proposed subdivision. The applicant has the option to propose private streets within
the development and provide access from E. Rome Drive. This would give the applicant more
flexibility in the road design in the development and could potentially reduce the need for
common driveways.
Access: Vehicular access is proposed for this site via an extension of S. Milan Avenue. An
emergency access to the south on S. Milan Ave to E. Rome Drive is also proposed. Staff believes
that S. Milan Ave. should be stubbed to the south boundary so that there is the potential to
construct a future public street to E. Rome Drive. Stubbing the street to the south boundary
would allow the City and ACHD to work with the Tuscany HOA on a future road
connection. ACHD has stated they have no jurisdiction over the cross access easement
because it is private easement on private property and is not dedicated right-of-way. As
mentioned above, this easement was always meant to serve as a public street connection and
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 7
EXHIBIT A
staff would like to have the opportunity to work with all parties to extend the roadway in
the future.
Pedestrian access to the proposed subdivision is also limited. Because the proposed
subdivision is in such close proximity to Siena Elementary School, staff believes the
applicant should provide a pedestrian connection on the west boundary however; the "no
man's" strip of property between the proposed subdivision and the school currently
prevents any such connectivity.
Streets: All of the proposed streets depicted on the plat are public. A total of 44 -feet of right-of-
way is proposed throughout the subdivision with 33 feet between the back of curbs. ACHD's staff
has indicated support of the road design as proposed by the applicant.
Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The
applicant proposes to construct 5 -foot wide detached sidewalks throughout the development.
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 S. Eagle Road, an
arterial street, per UDC Table 11-2A-7 and is required to be landscaped in accord with the
standards listed in UDC 11 -3B -7C. A 25 -foot wide buffer is depicted on the plans.
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. The landscape plan
incorrectly notes that there are no existing trees on the site.
Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7.
The landscape plan depicts existing cedar fence along the north side of the development, an
existing six foot tan colored vinyl fence along the south side of the development and an existing
chain-link fence along the west side of the development. There is a discrepancy between the
applicant's landscape plan and their site plan as to the location of the chain link fence. The
landscape plan indicates that the chain link fence is along the western boundary of the
parcel and the site plan indicates that the chain link fence is on the west side of the "no
man's strip" of property. The applicant is proposing a six foot tan colored fence along the east
boundary of the property; no other fencing is proposed. Per UDC 11-3A-7A.b, 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 per UDC 11-3A-7A.b. The
landscape plan should be revised to include these requirements and incorporate the strip of
land on the west boundary.
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 acres), a minimum of 0.5 acres of qualified useable open space is required to be provided as set
forth in UDC 11 -3A -3B. Based on the preliminary plat the applicant is proposing 0.44 acres
which is 8.4% of the proposed development. With the ACHD requiring a 12 foot gravel access
road across common Lot 26 Block 1, the useable open space will be further reduced. Depending
on how it is designed, staff is concerned about how useable the open space will be; the drainage
pond may not count towards the required 10% open space as set forth in the UDC. The drainage
pond must comply with the storm -water integration standards as set forth in UDC 11-3B-11.
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 as determined by staff (5 acres), staff recommends a minimum of 1 qualified
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 8
EXHIBIT A
site amenity be provided. The applicant has not proposed a site amenity as set forth in UDC
11 -3G -3C.
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, The applicant is proposing to use
City's domestic water as irrigation, however as noted in UDC 11 -3A -15.C, the applicant has not
provided a waiver of requirements from the irrigation district of proof that they do not have water
rights. Use of the City's domestic water as irrigation shall be a last option in providing irrigation
water to a proposed development.
Building Elevations: The applicant is proposing a mix of attached and detached single-
family homes. 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, board and batten with stone accents.
Because homes on lots that back up to S. Eagle Road (Lots 2-9, Block 1), as well as to S.
Milan Ave. and Ionia Court (such as lot 42, 14, 15, and 25 Block 1) will be highly visible;
staff recommends that the side of any structure that faces the public street on these lots,
incorporate articulation through changes in materials, color, modulation, and architectural
elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In
addition, the attached single-family homes will be subject to design review (see below.)
Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES
application is required to be submitted prior to issuance of building permits for the single family
attached homes. The applicant must comply with the design standards listed in UDC 11-3A-19
and the guidelines contained in the Meridian Design Manual.
In accord with the Findings contained in Exhibit D, Staff recommends denial of the proposed
annexation and preliminary plat request for this site. Staff has included comments and
recommended conditions from other City departments in Exhibit B of this report.
Kl� W10,11 fy
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 06115 15 07/15/2015)
3. Proposed Landscape Plan (dated: W27/15 07/15/2015)
4. Conceptual Building Elevations
B. Agency & Department Cormnents/Conditions
C. Legal Description & Exhibit Map for Annexation Boundary (REVISED)
D. Required Findings from Unified Development Code
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 9
EXHIBIT A
A. Drawings
1. Vicinity Map
Vicinity Map
0 0.125 0.25
Miles
Print Date: 7! OM
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 9
EXHIBIT A
2. Proposed Preliminary Plat (dated: 85 07/15/2015)
MEDFORD PLACE SUB,
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MESSINA VILLAGE NO. 1
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 10
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Sovi Subdivision AZ -15-007; PP -15-010 PAGE 10
EXHIBIT A
3. Proposed Landscape Plan (dated: 05/27/2015 07/15/2015)
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Sovi Subdivision AZ -15-007; PP -15-010 PAGE 11
EXHIBIT A
4. Conceptual Building Elevations
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Sovi Subdivision AZ -15-007; PP -15-010 PAGE 13
EXHIBIT A
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Sovi Subdivision AZ -15-007; PP -15-010 PAGE 14
EXHIBIT A
4wi
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Sovi Subdivision AZ -15-007; PP -15-010 PAGE 15
EXHIBIT A
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 16
EXHIBIT A
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 17
EXHIBIT A
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
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 Councilrg anting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. Future development of this site shall be consistent with the preliminau plat, landscape plan
(including the common open space; a covered picnic area and a pedestrian connection to the
school on the west boundary) and building elevations attached in Exhibit A and the revisions
noted in the staff report.
b. All single-family dwellings constructed within the project shall substantially conform to the
materials and elevations proposed and included in Exhibit A.4. The rear or sides of structures
on lots that that back up to S. Eagle Road (Lots 2-9, Block 1), as well as to S. Milan Ave. and
Ionia Court (Lots 14, 16, 25 and 44, Block 1) will be highly visible; these lots shall
incorporate articulation through changes in materials, color, modulation, and architectural
elements horizontal and vertical) to break up monotonous wall planes and roof lines.
1.1.2 The preliminary plat, dated 07/15/15, is approved with the following changes:
a. r:i. ,, A.,oto the south r.,.,,nda-. , of the olimin
the Commission and Council aim3rove the use of the ,.,,Y,,,,,o drivew The
ingress/egress easement across the Messina Village common lot shall be constructed as an
emergency access as proposed. The applicant shall coordinate with the Tuscany
Homeowner's Association on the design of the access prior to the construction of the
emergency access.
b. Direct lot access shall be prohibited to S. Eagle Road in accord with UDC 11-3A-3.
1.1.3 07/15/15, is approved with the following changes:
a. The fencing proposed along the west boundary of lots 21-25, and the east and south boundary
of 27 and 28 shall be a 4 -foot tall solid fence or a 6 -foot tall open vision fence in accordance
with UDC 11-3A-7.
b. The applicant shall construct a 5 -foot wide pathway to the school site across Lot 30, Block 1
as proposed. The applicant shall coordinate with the West Ada School District on the design
and the location of pathway connection to the school property.
c. The applicant shall construct a covered picnic area on common Lot 26, Block 1 as proposed.
d. The drainage facilitesproposed on Lot 26, Block 1 shall comply with the standards listed in
UDC 11 -3B -11C. If sand is proposed for the bottom of the drainage facility, this area shall be
removed from the open space calculations.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 18
EXHIBIT A
1.1.4 Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide
attached sidewalks are required along both sides of E. Ionia Court and S. Milan Ave. and a 5 -foot
wide detached sidewalk is required along S. Eagle Rd.
1.1.5 Lots 18 19 21 22 23 27 28 32 33 34 35 Block 1 shall take aeeess f om eem a..:..emw
SAND Lots 7, 8, 9, 11, 12, 13, Blo!',,.,,
ck 1 if the mission and Gounei ^ e the
e -shall take access from the common driveways as shown. An exhibit depicting the
setbacks, buildingenvelope and orientation of lots and structures shall be submitted a future final
plat application. Include note on the final plat that addresses access across the lots and the
responsible party for maintenance of the common driveway_
1.1.6 The applicant shall obtain Certificate of Zoning Compliance and Design Review approval for all
attached homes in the proposed subdivision.
1.1.7 Prior to the issuance of a building permit, the applicant shall record a final plat.
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-5.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets.
1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28. The applicant shall provide a waiver from the applicable
irrigation district that the property does not have water rights and/or water delivery to the subject
property with the submittal of a final plat application.
1.2.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J.
1.2.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B -
7C.
1.2.8 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to cul-de-sacs, common driveways, easements, blocks, street buffers,
and mailbox placement.
1.2.9 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.
1.2.10 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 11-3B-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.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 19
EXHIBIT A
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 has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.3.6 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 as set forth in UDC I1 -6B-3 C2.
1.4.4 The applicant shall obtain approval for all successive phases of the Dreliminary plat within two
ears of the signature of the Citv Engineer on the Drevious final Dlat 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, 2Zagi in 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 be required to connect to the existing 8 -inch sewer main line is located within E.
Rome Drive in Messina Village Subdivision No. 1.
2.1.2 Applicant shall be required to connect to the existing water main located in S. Milan Ave., and
the main located within E. Rome Drive, thereby looping the water system into all available
locations.
2.1.3 A street light plan will need to be included in the final plat application. 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 at http://www.meridiancity.org/public_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 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.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 20
EXHIBIT A
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 culinaiy 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, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
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 Departunent 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.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 21
EXHIBIT A
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 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
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.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 22
EXHIBIT A
3. POLICE DEPARTMENT
3.1 The Police Department has concerns that the ten foot space between the western boundary and
the school has low visibility. They are also concerned that weeds will grow within that ten foot
space and be a problem for code enforcement.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments.
5. REPUBLIC SERVICES
5.1 Republic Services wants to ensure that the garbage totes get to the curb for pickup.
6. PARKS DEPARTMENT
6.1 Parks Department has no comments
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 and construct a 5 -foot wide sidewalk, 41 -feet
from centerline of Eagle Road. Eagle Road is in the CIP and compensation will be provided for
the right-of-way.
7.1.2 Widen the pavement on Eagle Road to 17 -feet from centerline plus a 3 -foot wide gravel shoulder
adjacent to the entire site.
7.1.3 Extend Milan Avenue into the site as a 33 -foot street section with curb, gutter, and a 5 -foot wide
sidewalk within 44 -feet of right-of-way; terminating in a modified cul-de-sac with an inside turn
radius of 26 -feet.
7.1.4 Construct Ionia Court as a 33 -foot street section with curb, gutter, and a 5 -foot sidewalk within
44 -feet of right-of-way; terminating in a snoopy turnaround with an inside turn radius of 26 feet.
7.1.5 Provide a 10 —foot wide easement and access road across the flag portion of Lot 26, Block 1 for
an ACHD storm drain facility; and a note on the plat.
7.1.6 Payment of impacts fees are due prior to issuance of a building permit.
7.1.7 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 ACRD 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.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 23
EXHIBIT A
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all
landscaping proposed within ACHD right-of-way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of ACRD. 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, 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.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 24
EXHIBIT A
C. Legal Description & Exhibit Map for Annexation Boundary (REVISED)
5awtoot:h Land 5urveying, LLC
P: (208) 396-8104 F: (208) 398-8105
2030 5. W-1, sin6) - /eve., Cminett. IF) 8361 7
July 14, 2015
Annexation Legal for
SOVI Parcel
A parcel of land located in the NE1/4 of the NE1/4 of Section 29, T. 3 N., R. 1 E., B.M., Ada
County, Idaho, more particularly described as follows;
COMMENCING at a found brass cap marking the northeast comer of Section 29;
Thence South 0027'46" West, coincident with the east line of the NE1/4 of the NE1/4 of said
Section 29, a distance to 960.97 feet to the POINT OF BEGINNING;
Thence continuing South 0127'46" West, parallel with said east line of the NE1/4 of the NE1/4
of Section 29, a distance to 330.00 feet;
Thence North 89037'13" West, 670.97 feet to a point on the north boundary of Messina Village
Subdivision No. 1, as shown on file in Book 86 of Plats at Page 9758, Ada County Records;
Thence North 0027'46" East, coincident with the north boundary of said Messina Village
Subdivision No. 1, and the east boundary of Messina Hills Subdivision No. 1, as shown on file
In Book 87 of Plats, at Page 9829, Ada County Records, 330.00 feet to a point on the south
boundary of Medford Place Subdivision, as shown on file in Book 97 of Plats at Page 12107,
Ada County Records;
Thence South 89037'13' East, coincident with said south boundary of Medford Place
Subdivision, 670.97 feet to the POINT OF BEGINNING.
The above described parcel contains 5.08 acres more or less.
Together with and subject to covenants, easements and restrictions of record.
End Description �0-
1_ LAJOa
5- s
��L
P:12015115042-CMG-SOVI1DrawingslDescrlptlonslANNEXATiON LEGAL.docx
rage 11
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 25
EXHIBIT A
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 26
EXHIBIT A
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex 5.08 acres with an R-15 zoning district and develop 36
new single-family residential homes. The Council finds that the proposed map amendment
does not comply with the provisions of the Comprehensive Plan. (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 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 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.
The Council considered all oral or written testimony provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the delivery of services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E).
The Council finds that annexing the proposed property is net in the best interest of the City if
the applicant adheres to the recommended development agreement and the conditions of
approval contained in Exhibit B of the staff report.^ its o (fent design been se of the
following reasons!
1. There is a surveying/owner-ship diserepaney between the deeds, the legal description
supplied by the > and the subdivision plat,
development, which would create a County
enelave on the west boundary of the proposed subdh4sion;
2. The layout of the preliminary plat does not inelude the proper amount of useable
open spaee, the use of eommon driveways eould ereate a parking issue for the
proposed >
and
there is no pedestrian eonneeti-Aty to Siena Elementary Sehool.
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 Council finds that the proposed plat is not in substantial compliance with the adopted
Comprehensive Plan. i,o,,ause of the lack ,.f ,.,,,,,,eeti ity to the seheel and . useable open
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 27
EXHIBIT A
,„
stfip ef land te the west of the proposed subdivision and the exeessive-
of eommon dfiyo. ays. Please see Comprehensive Plan Policies and Goals, Section VII,
of the Staff Report for more information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The 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 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 Council relied upon comments from the public service providers (i.e., Police, Fire,
ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
The Council is not aware of any health, safety, or environmental problems associated with the
platting of this property. ACHD considers road safety issues in their analysis. The Council
considered all public testimony presented to determine whether or not the proposed
subdivision may cause health, safety or environmental problems.
L The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore, the
Council finds that the proposed development will not result in the destruction, loss or damage
of any natural, scenic or historic feature(s) of major importance. The Council referenced all
public testimony presented to determine whether or not the proposed development may
destroy or damage a natural or scenic feature(s) of major importance of which the
Commission and staff is unaware.
Sovi Subdivision AZ -15-007; PP -15-010 PAGE 28