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Fall Creek Meadows H-2016-0009CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0009 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 13.17 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of ninety-five (95) single-family residential building lots and ten (10) common lots on 33.54 acres of land for Fall Creek Meadows Subdivision located south of W. Overland Road on the east side of S. Linder Road, by Bear Creek West Development, LLC. Case No(s ). H-2016-0009 For the City Council Hearing Date of: April 5, 2016 (Findings on April 19, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0009 - 2 - 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of April 5, 2016, incorporated by reference. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning was approved with an R-8 zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of April 5, 2016, attached as Exhibit A. 2. The applicant’s request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of April 5, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits 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 11-5B-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 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 5, 2016 By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tammy eer o44o�aeu ��nLsTl Attest: city of E IDIAN*-- IDAHO a.� SEAL ti City Clerk °' 111 meas°� I day of VOTED VOTED U 1�J-- VOTED VOTED VOTED VOTED_ VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: cyG �-� Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0009 -3- Exhibit A Fall Creek Meadows - H-2016-0009 PAGE 1 STAFF REPORT Hearing Date: April 5, 2016 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2016-0009 – Fall Creek Meadows I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Bear Creek West Development, LLC, has applied for annexation and zoning (AZ) of 13.17 acres of land with an R-8 zoning designation, a preliminary plat (PP) consisting of 95 single- family residential building lots and 10 common on 33.54 acres of land in an R-8 zoning district, and a modification to an existing development agreement (MDA)(Instrument #106151232) to incorporate the surplus property purchased from the school district (Parcel #S1224244410) into the existing DA for Fall Creek Meadows Subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the AZ, PP and MDA with the conditions of approval in Exhibit B in accord with the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on March 3, 2016. At the public hearing, the Commission moved to recommend approval of the subject annexation and zoning, and preliminary plat requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Denny Johnson ii. In opposition: None iii. Commenting: Denny Johnson, iv. Written testimony: Becky McKay (Applicant) v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Continued supply of irrigation water from the existing ditch to irrigate the properties that have rights to use that water ii. Fencing material type and potential for a berm of some sort for privacy for the properties to the north. iii. The potential to provide a stub street to the adjacent property to the north for future development. c. Key Issues of Discussion by Commission: i. Maintenance of the irrigation ditch and who would be responsible for that ii. The location of a stub street that will stub to a “reserve strip”, or a piece of property that is not developable. iii. Potential locations of a stub street(s) to the north. iv. Potential of adjacent property owners to purchase the reserve strip and include it as part of their property d. Commission Change(s) to Staff Recommendation: Exhibit A Fall Creek Meadows - H-2016-0009 PAGE 2 i. Modify a development agreement 1.1.1C to “Prior to Final Plat approval”. (See condition 1.1.1C). e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on April 5, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Becky McKay ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The reserve strip and the stub street that would stub to the reserve strip. c. Key Council Changes to Staff/Commission Recommendation i. Remove condition 1.1.1C, removing the requirement to incorporate the reserve strip into the proposed subdivision. (See condition 1.1.1C) III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0009, as presented in the staff report for the hearing date of April 5, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0009, as presented during the hearing on April 5, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0009 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 south of W. Overland Road on the east side of S. Linder Road, in the north west ¼ of Section 24 , Township 3N., Range 1W. B. Owner/Applicant(s): Bear Creek West Development, LLC 1859 S. Topaz Way, Ste. 200 Meridian, Idaho 83642 D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Meridian, ID 83642 Exhibit A Fall Creek Meadows - H-2016-0009 PAGE 3 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation, preliminary plat and a development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 15, and 29, 2016 (Commission); March 14, and 28, 2016 (Council) C. Notices mailed to property owners within 300 feet on: February 4, 2016 (Commission); March 10, 2016 (Council) D. Applicant posted notice on site(s) on: February 20, 2016 (Commission); March 26, 2016 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This subject property consists of vacant agricultural land, zoned R-8 and RUT (Ada County). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential/agriculture uses and future Sagewood Subdivision, zoned R-8 and RUT in Ada County 2. East: Victory Middle School, currently under construction, zoned R-4 3. South: Fall Creek Subdivision, zoned R-8 4. West: Southridge and South Ridge Estates Subdivision, zoned R-4 and R-8. C. History of Previous Actions: • This property was annexed and zoned (AZ-05-064) in 2005 with a development agreement (Instrument #106151232). A preliminary plat (PP-05-064) for Bear Creek West Subdivision was also approved in 2005 for 321 single-family residential lots and 34 common lots on 116.81 acres, but the plat expired. A Variance (VAR-05-026) to exceed the maximum block length for Bear Creek West Subdivision was also approved but was associated with the expired plat. • A final plat (FP-07-008) for Bearwood Subdivision No. 1 was approved in 2007 but was never recorded. • A time extension (TE-08-031) for the preliminary plat was denied by the Director in 2008, due to failure to pay reimbursement fees for sewer and water extension to the site. • In 2013 a preliminary plat (PP-12-016) for Fall Creek Subdivision was approved for 297 single-family residential lots and 30 common lots on 111.26 acres of land in an R-8 zoning district. • A final plat (FP-13-031) for Fall Creek Subdivision No. 1 was approved in 2013. • Two other final plats were approved in 2015 (FP-15-021) for Fall Creek Subdivision No. 2, and Fall Creek No. 3 (FP-15-026). D. Utilities: 1. Public Works: Exhibit A Fall Creek Meadows - H-2016-0009 PAGE 4 a. Location of sewer: A 27-inch sewer main line (South Black Cat Trunk) exists through the site along the future alignment of Kodiak Drive. b. Location of water: A 12-inch water main is located in Linder Road at the Kodiak Drive entrance. The developer shall extend the 12-inch water main line east along Kodiak Drive and connect to the existing 12-inch water main that was installed with Fall Creek Subdivision No. 1. c. Issues or concerns: Applicant shall be required to install 8-inch diameter water mains in the common area pathways; Lot 8, Block 5 to the pathway/water main being installed as part of the Sagewood Subdivision, and Lot 18, Block 5 to the school site. Applicant shall also be required to pay their pro-rata share of the outstanding balance of the August 24, 2007, 27-inch Sanitary Sewer Reimbursement Agreement, recorded as Ada County Instrument Number 108124038, prior to signature on the final plat. In the event that the applicant plats this development in phases, the applicant shall pay the pro-rata share of the reimbursement fee, calculated on the area of that phase, prior to signature on the final plat. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse the subject properties. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre. The applicant proposes to develop the site with 95 single-family residential lots. The gross density of the proposed plat is 2.84 d.u. per acre with a net density of 3.55 d.u. per acre, which falls slightly under the target density of the MDR designation. However, because of adjacent low density residential uses, staff is of the opinion the proposed density is appropriate in this area and compatible with adjacent uses and zoning. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics ): • “Require that development projects have planned for the provision of all public services.” (6.02.01B) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property. • “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required along S. Linder Road, an arterial street, and W. Kodiak Drive, a collector street, in accord with the standards listed in UDC 11-3B-7C as shown on the landscape plan. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. Exhibit A Fall Creek Meadows - H-2016-0009 PAGE 5 • “Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) The UDC (11-3G-3) requires a minimum of 10% qualified open space for the plat. The proposed plat depicts 11.7% eligible open space (or 3.94 acres) which exceeds the requirements of the UDC. • “Provide housing options close to employment and shopping centers. (3.07.02D) The proposed residential development will provide housing opportunities in close proximity to the proposed schools, proposed for Stoddard Road and Kodiak Drive as well as the school proposed just to the west of the subject development across S. Linder Road. Future employment uses are also planned within one to two miles to the north, west and northwest of this site. • “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The Pathways Master Plan depicts a segment of the City’s multi-use pathway system along the east side of Linder Road on this site. These segments are required to be constructed with development of the proposed subdivision. The segment along Linder is planned to eventually provide a connection to Eagle Island State Park to the north in Eagle. The plat also shows three (3) pedestrian connections, one to the school district property, one to the Sagewood subdivision, and one to the proposed 10 foot multi-use pathway along Linder Road. • “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) The subject property is within the City and urban services are available to be extended to the site. • “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) The location of a stub street to the reserve strip (S. Brook Trout Ave.) as indicated in exhibit A.2, will stub a street to a parcel that cannot be developed, and as such, may be a hindrance to the development of the properties to the north. For the above stated reasons, staff is of the opinion the proposed subdivision is generally consistent with the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): 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. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site must be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the proposed R-8 zoning district. Exhibit A Fall Creek Meadows - H-2016-0009 PAGE 6 D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the proposed R-8 zoning district. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation: The applicant has applied to annex and zone a total of 13.17 acres of land with an R-8 zoning district. As discussed above in Section VII, the proposed zoning is generally consistent with the corresponding FLUM designation of MDR. The applicant proposes to develop 95 single-family homes on the site as shown on the preliminary plat in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Development Agreement Modification: The applicant is requesting to modify the existing development agreement (Instrument #106151232) that was entered into with the 2005 annexation (AZ-05-064) to add the parcel that was recently purchased from the West Ada School District (Parcel #S1224244410). Staff recommends approval of this modification, provided the subdivision meets the provisions of the UDC, including the inclusion of parcel # S1224223260 into the proposed subdivision as well as into the amended development agreement. (See Exhibit B for recommended DA provisions) Preliminary Plat: The applicant has submitted a concurrent preliminary plat that consists of 95 building lots and 10 common lots on 33.54 acres of land in an R-8 zoning district. The proposed gross density of the subdivision is 2.84 dwelling units per acre with a net density of 3.55 dwelling units per acre, consistent with the R-8 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 for the R-8 zoning district and all of the lots comply with these standards. The lots range in size between 8,700 square feet (s.f.) and 22,514 s.f. The average lot size is10,730 s.f. The proposed plat exceeds the minimum lots size requirements (5,000 s.f.) for the R-8 zoning district. The UDC (11-6C-3F) does not allow block faces to be more than 750 feet in length without an intersecting street or alley. The only exception is when the block design is constrained by an abutting arterial street, limited access street, steep slopes, a large waterway and/or a large irrigation facility. In such case, the City Council may approve a pedestrian connection in lieu of a connecting street or alley. City Code does not allow for a waiver to the pedestrian connection. Access: The subdivision will take access from W. Kodiak Drive via two (2) proposed access roads, S. Grayling Ave. and S. Sockeye Ave. Because the Victory Middle School is under constructed and slated to open in the Fall of 2016, staff believes that the applicant should construct the remaining portion of W. Kodiak Drive prior to submitting a final plat for the Fall Creek Meadows Subdivision to increase vehicular and pedestrian accessibility to the new school. One stub-street (S. Brook Trout Ave.) is depicted to the north for future extension and interconnectivity. S. Brook Trout Way is proposed to stub to a reserve strip (not currently annexed into the City) that will likely remain that way for some time unless the parcel is included in this plat or with the development of the adjacent properties to the north. The applicant has tried to make contact with the current owner of the property. At this time, an agreement has not been Exhibit A Fall Creek Meadows - H-2016-0009 PAGE 7 reached between both parties to incorporate the parcel into the boundary of the project. If left un- annexed this property will more than likely be undevelopable due the size and shape of parcel and may inhibit the extension of the proposed stub street (see Exhibit A.2). Note: In 2013, a portion of this property (excluding the 13.17 acre parcel # S1224244410) received preliminary plat approval. As part of that approval the stub street (S. Brook Trout Ave.) was approved in the same location as it is currently depicted on the new preliminary plat. Therefore, the annexation is not necessary for applicant to proceed with developing a portion of the property. However, staff believes inclusion of the reserve strip should be incorporated into the boundary of the project to ensure the extension of the stub street. Prior to Commission hearing, staff recommends that the applicant submit a revised plat that shows one of the following: 1. The inclusion parcel # S1224223260 in the proposed annexation and preliminary plat boundary, with the S. Brook Trout Ave. stubbing to the south boundary of parcel # S1224223240. UDC 11-6C-3G does not allow privately held reserve strips to control access from adjacent lands to public streets; or 2. The applicant shall move the location of S. Brook Trout Ave. away from the reserve strip and provide an additional stub street to the north with a maximum block length of 1000 feet. Multi-Use Pathway: A 10-foot wide multi-use pathway is designated in the Pathways Master Plan along the east side of Linder Road on this site. A recreational pathway easement is required to be submitted to the Planning Division for the pathway, approved by City Council and recorded prior to signature on the final plat by the City Engineer. The pathway is required to be constructed in accord with the standards listed in the Pathways Master Plan and UDC11-3A-8, and landscaped in accord with the standards listed in UDC 11-3B- 7C. Landscaping: A 25-foot wide landscape buffer is required along S. Linder Road, an arterial street and a 20-foot landscape buffer is required adjacent to W. Kodiak Drive. Street landscape buffers shall be designed and constructed in accord with the standards listed in UDC 11-3B-7C and as proposed on the submitted landscape plan. Staff has reviewed the proposed landscape plan and it appears to comply with the street buffer landscape standards. Open Space: Per UDC 11-3G-3A, a minimum of 10% of the gross land area of the development is required to be provided in common open space. Based on the total acreage of the proposed plat, 33.43 acres, a minimum of 3.3 acres open space is required to be provided on the site per UDC 11-3G-3A.1 in accord with the qualifications listed in UDC 11-3G-3B. The plat depicts 11.8% (or 3.94 acres) of eligible open space in compliance with UDC standards. Proposed open space consists of landscaped parkways along residential streets, a pocket park at least 50’ x 100’ in area , 50% arterial street buffers, pedestrian pathways, and collector street buffers. Site Amenities: Per UDC 11-3G-3A.2, one additional site amenity that meets the standards set forth in UDC 11-3G-3C is required for each additional 20 acres of development area. Based on the total acreage of the proposed plat, 33.43 acres, a minimum of 2 amenities are required to be provided on this site. Exhibit A Fall Creek Meadows - H-2016-0009 PAGE 8 As amenities for the subdivision, the applicant proposes a pocket park with a tot lot, and a segment of the 10-foot multi-use pathway along the East side of S. Linder Road in accord with this UDC standard. The applicant needs to coordinate with West Ada School district regarding the design of the pedestrian connection to the school district property on the east boundary of the proposed subdivision. Fencing: UDC 11-3A-7 requires that all fencing abutting common open space be a maximum of 4 feet in height. The applicant shall depict fencing in accord with this requirement on the landscape plan submitted with the final plat. Building Elevations: Coleman Homes plans to construct their Woodland and Countryside Collections of homes within the proposed development. Architectural styles will include American, Craftsman, Cottage, Prairie, and Pacific Northwest (see elevations in Exhibit A.4). Because homes on lots that back up to S. Linder Road (Lots 7-11, Block 1), as well as to W. Kodiak Drive (Lots 2-6, Block 1; Lots 2-10, Block 3; and Lots 26-33, bloc k5) 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. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 1/13/16) 3. Proposed Landscape Plan (dated: 01/01/16) 4. Building Elevations B. Agency & Department Conditions of Approval C. Legal Description & Exhibit Map for New Property to be Annexed D. Required Findings from Unified Development Code Exhibit A Exhibit A Page 1 EXHIBIT A. Drawings 1. Vicinity Map Exhibit A Exhibit A Page 1 2. Proposed Preliminary Plat (dated: 1/13/16) Location of reserve strip. See exhibit below Exhibit A - 2 - 3. Proposed Landscape Plan (dated: 01/01/16) Exhibit A - 3 - 4. Building Elevations Exhibit A - 4 - Exhibit A - 5 - Exhibit A - 6 - Exhibit A - 7 - EXHIBIT B - AGENCY & DEPARTMENT CONDITIONS OF APPROVAL 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 An amended Development Agreement (MDA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The amended DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of Fall Creek Meadows Subdivision shall be consistent with the preliminary plat, landscape plan (including the common open space; amenities and pedestrian connections, including to the school on the east 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. Linder Road (Lots 7-11, Block 1), as well as to W. Kodiak Drive (Lots 2-6, Block 1; Lots 2-10, Block 3; and Lots 26-33, Block 5) 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. c. Prior to Commission hearing approval of the final plat, the applicant shall submit a revised plat that shows one of the following: 1. The inclusion of parcel # S1224223260 in the proposed annexation and preliminary plat boundary, with the S. Brook Trout Ave. stubbing to the south boundary of parcel # S1224223240. UDC 11-6C-3G does not allow privately held reserve strips to control access from adjacent lands to public streets; or 2. The applicant shall move the location of S. Brook Trout Ave. away from the reserve strip and provide an additional stub street to the north with a maximum block length of 1000 feet. d. The applicant shall construct the remaining portion of W. Kodiak Drive prior to submitting a final plat for the Fall Creek Meadows Subdivision to increase vehicular and pedestrian accessibility to the new school. 1.1.2 The applicant shall construct a 10-foot wide multi-use pathway on the site along the east side of Linder Road to the north boundary of the site in accord with the Pathways Master Plan and UDC 11-3A-8. 1.1.3 The applicant shall comply with the open space and site amenity requirements proposed and as listed in UDC 11-3G-3. 1.1.4 The landscape plan, dated 01/01/2016, is approved with the following changes: 1. The applicant shall coordinate with the West Ada School District on the design and the location of the pathway connection on Lot 18, Block 5. 1.1.5 The preliminary plat, dated 01/13/2016, is approved with the following condition: a. Prior to Commission, the applicant shall submit a revised plat that shows one of the following: Exhibit A - 8 - 1. The inclusion parcel # S1224223260 in the proposed annexation and preliminary plat boundary, with the S. Brook Trout Ave. stubbing to the south boundary of parcel # S1224223240. UDC 11-6C-3G does not allow privately held reserve strips to control access from adjacent lands to public streets; or 2. The applicant shall move the location of S. Brook Trout Ave. away from the reserve strip and provide an additional stub street to the north with a maximum block length of 1000 feet. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Tables 11-2A-6. 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. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 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. 1.2.11 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. 1.2.12 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 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (PP-12-016; AZ-05-064; Development Agreement Inst. No. 106151232). 1.3.3 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. 1.3.4 The applicant shall have an ongoing obligation to maintain all pathways. Exhibit A - 9 - 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 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. 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 Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 1.4.7 At such time that the multi-use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be required to provide a water main easement and install an 8-inch diameter water main in the common area pathway labeled as Lot 8, Block 5 to the pathway/water main being installed as part of the Sagewood Subdivision, and provide a water main easement across Lot 18, Block 5 to the school site. Connect the dead end main from the W. Calderwood Court cul-de-sac to the main in W. Kodiak Drive. 2.1.2 Applicant shall be required to pay their pro-rata share of the outstanding balance of the August 24, 2007, 27-inch Sanitary Sewer Reimbursement Agreement, recorded as Ada County Instrument Number 108124038, prior to signature on the final plat. In the event that the applicant plats this development in phases, the applicant shall pay the pro-rata share of the reimbursement fee, calculated on the area of that phase, prior to signature on the final plat. 2.1.3 A street light plan will need to be included in the civil construction plans. 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 Exhibit A - 10 - service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, 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 Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. Exhibit A - 11 - 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 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. 2.2.22 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 did not provide comments on this application. Exhibit A - 12 - 4. FIRE DEPARTMENT 4.1 The Fire Department did not provide comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services did not provide comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks Department did not provide comments on this application. Exhibit A - 13 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Comments from ACHD were received after the Planning and Zoning Commission Hearing. 7.2 SITE SPECIFIC CONDITIONS OF APPROVAL 7.2.1 Dedicate 48 feet of right-of-way from the centerline of Linder Road, abutting the site. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to the existing right-of-way from available Corridor Preservation Funds. 7.2.2 Construct a southbound left-turn lane on Linder Road at the new Kodiak Drive intersection. Coordinate the design and location of the left-turn lane with District Traffic Services and Development Review staff. 7.2.3 Construct a 5-foot wide detached concrete sidewalk located a minimum of 42 feet from the centerline of Linder Road, abutting the site. Provide a permanent right-of-way easement for any portion of the sidewalk located outside of the right-of-way. 7.2.4 Construct Kodiak Drive, to intersect Linder Road in alignment with American Fork Drive approximately ¼ mile south of Overland Road, as proposed. 7.2.5 Construct Kodiak Drive as a 36-foot residential collector with vertical curb, gutter, 8-foot wide planter strips within 50 feet of right-of-way. Construct 5-foot wide detached sidewalks within a permanent right-of-way easement. The right-of-way width may be reduced to 2 feet behind the back of curb. 7.2.6 Construct the entry portion of Kodiak Drive east of Linder Road with two 21 foot travel lanes and a 12-foot wide center landscape median, as proposed. Plat the center landscape median as right- of-way owned by ACHD. Enter into a license agreement for any landscaping located within the median. 7.2.7 Construct two local streets, Sockeye Avenue and Grayling Avenue to intersect Kodiak Drive located 530 and 1,120 feet east of Linder Road, as proposed. 7.2.8 Construct the entry portion of Sockeye Avenue north of Kodiak Drive with two 21 foot travel lanes and a 12-foot wide center landscape median, as proposed. Plat the center landscape median as right-of-way owned by ACHD. Enter into a license agreement for any landscaping located within the median. 7.2.9 Construct all of the internal local streets as 36-foot street sections with rolled curb, gutter, and an 8-foot wide planter strip within 50 feet of right-of-way and 5-foot wide detached concrete sidewalks within a permanent right-of-way easement. The right-of-way width may be reduced to 2 feet behind the back of curb. 7.2.10 Construct 1 cul-de-sac turnaround with a 55-foot turning radius at the terminus of Calderwood Drive, as proposed. 7.2.11 Direct lot access to Linder Road and Kodiak Drive is prohibited and shall be noted on the final plat. 7.2.12 Payment of impacts fees are due prior to issuance of a building permit. 7.2.13 Comply with all Standard Conditions of Approval. Exhibit A - 14 - 7.3 Standard Conditions of Approval 7.3.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.3.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.3.3 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. 7.3.4 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. 7.3.5 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. 7.3.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.3.7 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. 7.3.8 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. 7.3.9 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. 7.3.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.3.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.3.12 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. Exhibit A - 15 - EXHIBIT C. Legal Description & Exhibit Map for New Property to be Annexed Exhibit A - 16 - Exhibit A - 17 - EXHIBIT D. Required Findings from Unified Development Code 1. ANNEXATION : Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Council finds the proposed annexation of 13.17 of acre of land with an R-8 zoning district is consistent with the MDR future land use designation for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed R-8 zoning district and proposed residential use of the property is consistent with the purpose statement of the commercial districts in that it will provide for the residential needs of the community in accord with the Comprehensive Plan. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council finds annexing this property with R-8 zoning district is in the best interest of the City only if the reserve strip (as indicated previously in this report) is included in the annexation and plat boundary. With those conditions, the Council feels that this annexation is in the best interest of the city, as the property will be able to develop with residential uses consistent with the vision of the Comprehensive Plan. Further, annexation of this property will allow utilization of available City services and a reduction of enclave areas in the City. 2. Preliminary Plat: 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 and is consistent with this Unified Development Code; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. However, the proposed plat is not in compliance with section 11-6C-3 of the UDC, which does not allow for privately held reserve strips to limit access to public streets. 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; Exhibit A - 18 - The Council finds that public services are available and will continue to be provided to the subject property. 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 developer 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; Some services are already being provided to the subject development. The Council finds there is public financial capability of supporting and continuing services for/to this development. 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 that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Council considers any public testimony that may be presented to when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Council is unaware. f. The development preserves significant natural, scenic or historic features. The Council does not find there are any significant natural, scenic or historic features that will be lost with development of the site.