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Howry Subdivision H-2016-00301.6 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 10 day of June, 2016, 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 SRS AZ Investors, LLC, whose address is 4222 E. Camelback Road, Ste. H100, Phoenix, Arizona DEVELOPMENT AGREEMENT - HowRv LANE SUBDIVISION (H 2016-0030) PAGE 2 OF 8 85018, the parry that is 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 Density Residential (R-8) 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 GOVERNINGDEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future development of this site shall be generally consistent with the preliminaryplat, phasing plan and building elevations depicted in Exhibit A ofthe attached Findings of Fact and Conclusions of Law with attached Staff Report (Exhibit B). 5.1.2 The applicant shall pipe all irrigation ditches, laterals, canals and drains on the site unless otherwise waived by City Council in accord with UDC 11 -3A -6A. The drainage ditch located south of S. Hillsdale Park Drive was approved to remain open as a linear open space water amenity as allowed by UDC 11 -3A -6A; as such, it' s required to comply with the standards for water amenities listed in UDC 11-1A-1, Water Amenity. 5.1.3 The developer shall provide a minimum of 7.03 acres of qualified open space within the development as proposed per the standards listed in UDC 11 -3G -3B. 5.1.4 The developer shall provide a swimming pool, dressing rooms, a tot lot, and an additional 5% open space as amenities for this development as proposed in accord with the standards listed in UDC 11 -3G -3C. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the swimming pool and dressing rooms. 5.1.5 The property owner shall relinquish their interest in Howry Lane and dedicate right- of-way for a public street in accord with ACHD standards. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT - HOwRY LANE SUBDIVISION (H 2016-0030) PAGE 3 OF 8 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the 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 (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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. DEVELOPMENT AGREEMENT-HowRY LANE SUBDIVISION (H2016-0030) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 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 agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: SRS AZ Investors, LLC 4222 E. Camelback Road, Ste. H100 Phoenix, AZ 85018 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT-HOWRY LANE SUBDIVISION (H 2016-0030) PAGE 5 OF 8 14.1 A parry 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 becommenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be 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 fullyperformed 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 expresslyprovided, eachparty 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 DEVELOPMENT AGREEMENT-HOwRY LANE SUBDIVISION (H2016-0030) PAGE 6 OF 8 EXHIBIT A Howry Lane Subdivision – H 2016-0030 EXHIBIT A Howry Lane Subdivision – H 2016-0030 CITY OF MERIDIAN wl IDIAI�T �, FINDINGS OF FACT, CONCLUSIONS OF LAW 1 1 AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 41.07 Acres of Land with an R-8 Zoning District; and a Preliminary Plat Consisting of 136 Building Lots and 13 Common Lots on 40.46 Acres of Land for Howry Subdivision, by M3 Acquisition, LLC. Case No(s). H-2016-0030 For the City Council Hearing Date of: June 7, 2016 (Findings on June 14, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 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 (LC. §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 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 Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0030 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 7, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in the Staff Report for the hearing date of June 7, 2016, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved per the conditions in the Staff Report for the hearing date of June 7, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). 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 11-513-317). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0030 - 2 - E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request 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 June 7, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0030 -3 - 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) I tj i -'A day of �j i'& in P , Mayor Tamm Weerd Attest: �0 City of E1[jity T 3 i IDAHG ¢ Jacy Jon �Fy SEAL City Cleric VOTED 1 'e -S VOTED AbSe A {- VOTED es VOTED 1eS VOTED'�C VOTED PSty,, — VOTEDk`--- Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk'j Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0030 - 4 - STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A June 7, 2016 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 Howry Lane Subdivision — AZ, PP (H-2016-0030) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST EN DIAN:--- The applicant, M3 Acquisition, LLC, has submitted an application for annexation and zoning (AZ) of 41.07 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of 136 building lots and 13 common lots on 40.46 acres of land for Howry Lane Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on April 21 and May 5, 2016. At the public hearing on May 5`", the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: L In favor: Mark Tate, Applicant; Gordon Croft ii. In opposition: None W. Commenting: Jananne Keating; Herb Naugle; Dennis Nicholls; Timothy Brown iv. Written testimony: Mark Tate, Applicant v. Staff presenting application: Bill Parsons, Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: L In favor of the traffic calming (narrowing of the street) proposed in W. Auckland Street where the proposed development joins Rockhampton subdivision at the east boundary and the "V" where Auckland stubs into S. Hillsdale Park Drive; ii. Concern that water rights and irrigation are sufficient to serve proposed lots and continue to adequately serve existing properties; and W. Concern regarding drainage from the development. c. Key Issues of Discussion by Commission: Li Traffic calming measures within the development for the north and south blocks; and, ii. The UDC requirement for bollard lighting to be provided along the pathway within the common area. d. Commission Changes) to Staff Recommendation: L Requirement for additional traffic calming to be provided in W. Aukland St. at the east boundary of the site between Rockhampton Subdivision and the proposed development as required by ACHD (see condition #1.1.2h). e. Outstanding Issue(s) for City Council: L Staff requests a sentence is added to condition #1.1.1d as follows: "If the irrigation district will not allow a pathway to be constructed within their easement, an alternate Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 1 EXHIBIT A qualified amenity shall be provided." Also, modify conditions #1.1.32 and 1.1.3h which reference the pathway along the Cunningham lateral. ii. Block 3 exceeds the maximum block length allowed of 1,000 feet with provision of a pathway. Council may approve block lengths up to 1,200 feet when block design is constrained by site conditions such as steep slopes in excess of 10% or a large waterway and/or irrigation facility (i.e. Cunningham Lateral) (see condition #1.1.2b). Council may decide to approve the proposed block length; or, require the applicant to revise the plan to comply with the maximum block length standards listed in UDC 11 -6C -3F. iii. The applicant requests Council approval of a "step" up in density from LDR (3 units or less/acre) to MDR (3-8 units/acre) as allowed in the Comprehensive Plan. The Meridian City Council heard these items on June 7, 2016. At the public hearing. the Council approved the subject AZ and PP requests. a, Summary of City Council Public Hearing: L In favor: Mark Tate ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b,. Key issue(s) of Public Testimony: b None c, Key Issues of Discussion by Council: L None d� Key Council Changes to Commission Recommendation L Delete conditions #1.1.38 and #1.1.3h that pertain to the pathway along the north side of the Cunningham Lateral as the irrigation district won't allow the pathway within their easement. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0030, as presented in the staff report for the hearing date of June 7, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0030, as presented during the hearing on June 7, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0030 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 5220 S. Howry Lane, in the NE 1/4 of Section 33, Township 3 North, Range 1 East. (Parcel No. 51133131200) Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 2 EXHIBIT A B. Owner: Gordon & Ann Croft Living Trust 5220 S. Howry Lane Meridian, Idaho 83642 C. Applicant: M3 Acquisition, LLC 4222 E. Cambleback Road, Ste. H100 Phoenix, AZ 85018 D. Representative: Scott Wonders, J -U -B Engineers, Inc. 250 S. Beechwood, Ste. 201 Boise, ID 83709 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: April 4 and 18, 2016 (Commission); May 16 and 30, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: March 31, 2016 (Commission); Maw 2016 (City Council) D. Applicant posted notice on site(s) on: April 11, 2016 (Commission); May 24, 2016 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject property consists of rural residential/agricultural property zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential/agricultural property, zoned RUT in Ada County 2. East: Single-family residential properties in Rockhampton Subdivision, zoned R4 in Ada County 3. South: Single-family residential properties in Rockhampton Subdivision, zoned R4 in Ada County; future single-family residential properties in Hill's Century Farm Subdivision, zoned R-8. 4. West: Future single-family residential properties in Hill's Century Farm Subdivision, zoned R-8; and an elementary school, zoned C -N. C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist in S. Howry Lane. Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 3 EXHIBIT A 2. Location of water: A water main intended to provide service to the proposed development currently exist in S. Howry Lane. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Cunningham Lateral and a drain ditch cross this site. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. 011kw" Kiel 010 [4 I oly\eI 101171 cl The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Low Density Residential (LDR). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The applicant proposes to develop this 40.46 acre site with 136 single-family detached homes at a gross density of 3.36 dwelling units per acre (d.u./acre) and a net density of 5.46 d.u./acre, which is slightly above the density desired in LDR designated areas of 3 units or less/acre. The applicant requests Council consideration of a "step up" in density from low to medium without requirement of an amendment to the FLUM as allowed in the Comprehensive Plan (pg. 21). The Medium Density Residential (MDR) designation allows 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). Since the FLUM was last updated in 2011, some changes in land use have occurred in this area. In 2015, a map amendment was approved to the northwest of this site which changed the FLUM designation on 87 acres of land from LDR to MU -N (Mixed Use — Neighborhood) with R-8 and C -N zoning for the development of an elementary school, library, YMCA, City Park and health complex. Southwest of this site at the southern end of the Hill's Century Farm development, Council approved a "step down" in density from MHDR (Medium -High Density Residential) to MDR with R-8 zoning. With these changes, staff feels a higher density that originally anticipated with the LDR designation is appropriate for this site. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) There are existing and approved, but not yet developed, medium density residential developments surrounding this site to the west, south and east and low density residential uses designated to the north. Although additional medium density residential uses will not provide a variety in the immediate area, Stafffeels the proposed medium density (as opposed to low density) would aid in supporting the YMCA, library, elementary school and future commercial uses northwest of this site. Staff is unaware of how "affordable" the homes will be in this development. "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) Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 4 EXHIBIT A City services are available to be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Landscaping is required to be provided in common area lots within the subdivision in accord with the standards listed in UDC 11 -3G -3E. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed residential development should be compatible with existing and future adjacent low -medium density single-family residential and agricultural uses. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 7.03 acres (or 17.4916) of qualified open space in excess of the requirements listed in UDC 11-3G-3. "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) There are no pathway connections to this site other than sidewalks along the streets that stub to this site. These sidewalks will provide for pedestrian connectivity between subdivisions. "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer interface between urban level densities and rural residential densities." (3.05.02F) The proposed plat provides comparable lot sizes to adjacent existing and future lots in Rockhampton and Hill's Century Farm subdivisions. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) There are 2 existing stub streets to this property from Rockhampton subdivision at the east boundary of the site and 2 approved but not yet constructed stub streets from Hill's Century Farm subdivision at the west and south boundaries of the site. A stub street is proposed to the north for future extension and interconnectivity. In accord with the above analysis, staff finds the proposed development with approval of a "step up " in density is consistent with other existing and approved land uses in this area and the goals of the Comprehensive Plan. 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 proposed medium density (R-8) residential district allows a maximum gross density of 8 dwelling units per acre. Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 5 EXHIBIT A 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 residential districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Landscaping shall be installed in accordance with the standards listed in UDC 11- 3G -3E. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 41.07 acres of land from the RUT district in Ada County to the R-8 zoning district in the City for the development of 136 new single-family residential detached homes on the site. The proposed R-8 zoning is consistent with the applicant's request for a "step up" in density from LDR to MDR as discussed above in Section VII. If Council approves the Applicant's request, R-8 zoning would be appropriate. If not, the R-4 zoning district may be more appropriate with the LDR designation. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the conditions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 136 building lots and 13 common lots on 40.46 acres of land in a proposed R-8 zoning district (see Exhibit A.2). The property includes a 20' x 1300'+/- strip of land (Howry Lane) that fronts on E. Amity Road. Lots range in size from 6,000 to 14,076 square feet (s.f.) with an average lot size of 7,978 s.f. The gross density for the subdivision is 3.36 units/acre which is consistent with the MDR designation if Council approves a "step up" in density. If Council does not approve a "step up" in density, the plat should be revised consistent with the density desired in the LDR designation which is 3 units or less/acre resulting in a maximum of 121 building lots. The property is proposed to develop in 3 phases beginning at the middle of the site along the Cunningham Lateral with the 2nd phase to the north and the 3rd phase to the south as shown on the phasing plan in Exhibit A.2. Existing Structures: There is an existing home and accessory structures on this site that are proposed to be removed; removal should take place prior to signature on the final plat by the City Engineer. Howry Lane: Howry Lane currently provides access to the subject property and the Hill property to the north via E. Amity Road. As a provision of annexation, the owner should relinquish Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 6 EXHIBIT A their interest in the private lane and dedicate right-of-way (ROW) in accord with ACHD requirements. ACHD staff has stated that a road trust will be required to be provided to ACHD for 8 feet of pavement and curb and gutter. It is anticipated that the Hill/YMCA property on the west side of Howry Lane will dedicate ROW and construct a portion C12 + 12 ) of Howry as a public street with construction of the YMCA. The ROWfor the remainder of the street is required to be dedicated with this project. A 5 foot wide detached sidewalk and a 20 foot wide landscaped street buffer are required along the east side of the public street. Because this property is only 20 feet wide, the sidewalk and street buffer will need to be provided with development of the Hill property on the east side of Howry. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 district unless Council does not approve the "step up" in density and subsequent R-8 zoning requested by the applicant, in which case compliance with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district may be required. 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 that Block 3 exceeds the maximum block length allowed of 750 feet. The block is allowed to extend up to 1,000 feet when a pathway connection is proposed as is the case. When slopes in excess of 10% exist, Council can approve a block length up to 1,200 feet. The applicant states there is a slope within the common area on Lot 1, Block 3 that exceeds 10%. However, the proposed block length is approximately 1,290 feet, which does not include the additional existing block length to the east to the next cross street in Rockhampton Subdivision. Therefore, the configuration of the block should be revised to comply with the aforementioned requirement prior to the Commission meeting. Access: Access to streets should comply with the standards listed in UDC 11-3A-3. Access is proposed for this site via two existing stub streets at the east boundary of the site from Rockhampton subdivision; from future stub streets at the west and south boundary via Hill's Century Farm subdivision; and eventually via S. Howry Lane, a future collector street, from E. Amity Road. A Traffic Impact Study (TIS) was required by ACHD and is currently in the review process. A staff report has not yet been received from ACHD. Streets: All of the proposed streets depicted on the plat are public. Existing stub streets are proposed to be extended into the site from Rockhampton Subdivision. The plat depicts stub streets in alignment with those approved with the Hill's Century Farm subdivision at the south and west boundaries of the site. South Taradale Avenue which stubs to the north property boundary is required to have an emergency turnaround that complies with Fire Department standards. The plat should be revised accordingly. A temporary turnaround easement may be provided rather than a permanent cul-de- sac until such time as the street is extended in the future. Common Driveways: Common driveways are required to comply with the standards listed in UDC 11-6C-3D.There are 3 common driveways proposed on the site for access to residential lots. Staff has reviewed the lots for compliance with dimensional standards and found Lot 7, Block 2 exceeds the maximum 150 foot length requirement; the Fire Department has reviewed this lot and because it's a straight driveway, has approved the driveway as proposed. Unless limited by a significant geographical feature, or separated by a minimum 5 -foot wide landscaped common lot, all properties that abut a common driveway shall take access from the Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 7 EXHIBIT A driveway. A note should be placed on the plat stating which lots are required to take access via the common driveways. The setbacks, building envelope, and orientation of the lots and structures are required to be shown on the preliminary plat and/or as an exhibit with the final plat application. A perpetual ingress -egress easement shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Cul-de-sac: Cul-de-sacs are allowed to be a maximum of 450 feet in length per UDC 11 -6C - 3B.4. All of the proposed cul-de-sacs comply with this standard. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Landscaping within the common areas is required in accord with the standards listed in UDC 11- 3G -3E. A calculations table should be included on the landscape plan that depicts the total square footage of common area in relation to the proposed number of trees that demonstrates compliance with UDC standards. Landscaping is required along all pathways in accord with the standards listed in UDC 11 -3B - 12C. Tree Mitigation: The City Arborist, Elroy Huff, visited the site on February 24, 2016 and confirmed mitigation requirements for the site. There are a total of 11 existing trees totaling 165 caliper inches that are proposed to be removed with development that require mitigation. The landscape plan includes a calculations table that lists the total caliper inches of trees to be replaced vs. the total number of trees being installed which complies with UDC standards. Parkways: Parkways are not proposed within this development. 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 (40.46 acres), a minimum of 4.05 acres of qualified open space is required to be provided as set forth in UDC 11 -3A -3B as proposed. The applicant proposes 7.03 acres (or 17.4%) qualified open space consisting of open grassy areas over 50' x 100' in area and linear open space along the drain ditch. Detailed calculations should be depicted on the landscape plan that demonstrates compliance with the qualified open space requirements listed in UDC 11 -3G -3B. The proposed common area in Block 6 at the east boundary of the site will adjoin common area in Rockhampton Subdivision to the east. 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 (40.46 acres), a minimum of 2 qualified site amenities are required to be provided. The applicant proposes to provide a tot lot, swimming pool and changing rooms on Lot 1, Block 3 and a pathway along the Cunningham Lateral as recreation amenities for the development. A detail of the play equipment for the tot lot should be submitted with the final plat application. Pathways: Pathways should comply with the standards listed in UDC 11-3A-8 and 11 -3B -12C. The Pathways Master Plan does not designate a pathway on this site. An 8 -foot wide pathway is proposed within the common area on Lot 1, Block 3 and Lot 1, Block 1 along the north side of the Cunningham Lateral. Staff recommends the pathway is extended Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 8 EXHIBIT A south to the sidewalk along W. Aukland Street at the east boundary of the site along Lot 16, Block 3; the landscape plan should be revised accordingly. Since a pathway does not exist to the east in Rockhampton Subdivision (this area is actually fenced off), this will direct pedestrians to the common area in Block 6 which matches up with common area in Rockhampton Subdivision. Five-foot wide pedestrian pathways should also be included between Lots 23 & 24 and 7 & 8, Block 3 connecting to the pathway along the Cunningham Lateral. Four -foot tall bollard lighting, or other appropriate lighting source, is required along all pathways through common areas that are not visible from a public street as set forth in UDC 11 -3A -8H, unless otherwise waived by the Director. The landscape plan should be revised to include lighting along pathways in accord with this requirement. Landscaping is required along pathways as set forth in UDC 11-313-12C. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5 -foot wide attached sidewalks along internal local streets. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC I1 -3A-21. Sewer and water services will be extended into the site from existing main lines in Howry Lane located near the northwest corner of the site. Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is proposed to be provided to each lot in the subdivision in accord with UDC 11 -3A-1 5. The system will be operated and maintained by the Homeowner's Association. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Stormwater is proposed to be retained onsite in seepage beds in accord with ACHD requirements. Waterways: The Cunningham Lateral and a drainage ditch bisect this site. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The applicant proposes to leave the drain ditch open as a linear open space water amenity as allowed by UDC 11 -3A -6A. As such, it's required to be improved as follows: WATER AMENITY: Any body of water either natural or manmade, which either exists or is proposed to be improved as apart of the development, in which its banks in all places adjacent to and located on said development are no steeper than one foot (1) vertical per every four feet (4 ) horizontally and which has a depth and velocity in all places adjacent to and located on said development such that the product of the maximum depth (feet) multiplied by the peak velocity (feetper second) does not exceed four (4). Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the state of Idaho are required to be submitted to both the Director and the authorized representative of the water facility for approval. Note: The drain was left open to the east of this site in Rockhampton Subdivision as a water amenity. Floodplain: This property does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted 10 conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 9 EXHIBIT A a mix of horizontal and vertical lap and shake siding with stoneibrick accents and asphalt shingles. A Certificate of Zoning Compliance and Design Review application is required to be submitted for approval of the changing rooms and swimming pool prior to issuance of building permits. Compliance with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual is required. Fencing: All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. The landscape plan does not depict fencing. Fencing is required adjacent to all micropath connections to distinguish common from private areas, per UDC 11 -3A -7A.7. Fencing details should be included on a revised landscape plan. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 4/1/16) & Phasing Plan 3. Proposed Landscape Plan (dated: 3/7/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Howry Lane Subdivision — AZ, PP H-2016-0030 PAGE 10 EXHIBIT A A. Drawings 1. Vicinity/Zoning Map C RS W J AN CRE K \ DIAMOND RUT �1 Exhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 4/1/16) & Phasing Plan T • �4 HOWRY LAME SUBDIVISION .�� t k . -.,a,,.. tl. � i:. • ` m D SITUATED IN TK S4.ITI IWF.STIUARTER OMIE NORTHEAZT QUARTER 0FSECTICN33. TOWNSHIP 31NNQNTH. PAN [E t EA$T, OOISE MEHIENAN �. ` -`"-` I ;�, 2 - ¢ CIFFY OF MERMAN, ADA COUNTY, IDAHO. 2016 ........... ..... I _ s PHASE •. Itl' � I 1 5 =wF-1 • gnu X.. VCMYWB SHEETWDEX 10683 PHASE 3 i ,� – • �..-1'f� to s t39.[(gip .x a w , L—ITw„t ii ei d" 11E r ti -- - e- xnr y'bjE� 6 'S 9 a A" t J nwl•ru �etx a –eac '1 �° � 4I TILT..r!.L -r.-r[... LNld 119E 8lMAMY l -.-. F LEl3BHl � J� t Nb -k r c. n r a >�r+cam f=dJ b V'i � r T3 xs 2! 34 14 1d 1T 16 Il ' tlkSk. tl e rz u �L." _ e m .2 me wo�p C.Ec-uN IE F— r] x} IE is V ;_r k9B�d'tati IT1 ser+d 4� •' Yer K+ +ar 19333. r K Exhibit A Page 2 i PHASE<2 - s PHASE l,gs�s Itl' � PHASE 3 i Exhibit A Page 2 EXHIBIT A 3. Proposed Landscape Plan (dated: 3/7/16) PRELIMINARY LANDSCAPE PLANS FOR HQWRY LANE SUBDIVISION CITY OF MERIDIAN, ADA COUNTY, IDAHO 2016 {OVERALL PRELIMINARY LANDSCAPE PLAN OWNER wi3 OMPANIE$ 333 E. Ahrdd Wlw. SAN 110 u9k Nft 936+6 120M OHM F. 2MH-6752 r nrn cur_iueeec 2w $. &�wnce are. edea, Ica37a3csaa {2C8j 3?6.7333 4�; 2t&323&336 LANDSCAPE ARCHITECT G -VI% larv8sWr.e A161M .10I Cwlwit Ded�n 7184 E. SM— Odie, SIN M5 smwak' AAmu 65251 14801 MO.= Fw: (M 6093066 Exhibit A Page 3 cnxvaanmPrm ■ ■ 1-0.0 Of lnlNTEEGENI .+T"RS,EE • i r .�,,m�, aw a .awes r,u o um�euus mi �`g rm is lue d.rEh . o s_ o EXHIBIT A PLANTING GENEP.AL NOTES: - I I I l _ o,x5 rpxov.srarm owrcn i PPFE,IxEsua.uluMumar +//AIY11 Wnul.t nn. ow --- - .1. w 1xn.. h, r,vr LI.nmNFYJMCb ]b PR°u °l9hwN° , t .t^peurco��m awui.r.0 11 —EEII. n nic�IrorwuN x°r wm°Sa sloewu:a N is c,xt,nxox.wE.,>�h.c5,ra,wnhovuwlra ro sn[�so, I l mx xenxu w,alu. uoMpjxE*hdoESKKh. Yl mx�� GRADING GENERAL NOTES: >k uwxeue �acnnEcr. II II I� - ,xcux®raxxarrf suooix. HARDSCAPE GENERAL NOTES. emu uw5ww55, sem, mrtrEr: TI.., do SIH rcaval GII , snpin. hx Mitl , � x.i w.e M,ex,uw e• �.sa unM m nxRw. pl ,.,I:K,m.,pns� LwICaGper[Ldetim h Ai,u bene laud on hr wh nwlrenr ��,I ,� O�aPfl�9pen -2- GENERAL NOTES: '- � I.. rsrtt 5rntiwt °°s)HtM��°rvntswo�m,sA rtaarn°e° e°Crv.wwi ww.V,toar. w.5°x 5M1wrtlo Illi: r a ld°lII+]RLP .maaGYAS. pNOLi,e C,MNGE4 FE.S/S.R95.Wim , AC4 OP tlSdNANtp5.rE9vuLL°MtCt'ItM[ wuSCuh.xVihS'h rORNEVIS �rYs! s ,�MSm,smw,u.� x°n.v SxuanP rorr uw wm.nce5w xn m:5"�`."S�rew 1P A.. Review Set SHEET INDEX Cover L0.0 General Notes I Sheet Index -11 Overall Preliminary LcndscapePlan/Overall Sheet Layout L3.0 Planting Plans L3.1 -L3.5 Planting Details L7.1 Planting Specifications L8.1 Ins max. A M0s`s Rem rrinM p3A7,1AC6 ewrtw GElIBI']i Noks LQ. I I of ■■ �.4m , EXHIBIT A 4. Conceptual Building Elevations You creates tnis rur trom an appucation that is not ucenseo to punt to novaruF printer (nupv)www.novapar.comj EXHIBIT A -4- EXHIBIT A 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 Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, phasing plan and building elevations depicted in Exhibit A and the conditions noted in the staff report. b. The applicant shall pipe all irrigation ditches, laterals, canals and drains on the site unless otherwise waived by City Council in accord with UDC 11 -3A -6A. The drainage ditch located south ofS. Hillsdale Park Drive was approved to remain open as a linear open space water amenity as allowed by UDC 11 -3A -6A, as such. it's required to comply with the standards for water amenities listed in UDC 11 -IA -1: Water Amenity. c. The developer shall provide a minimum of 7.03 acres of qualified open space within the development as proposed per the standards listed in UDC 11 -3G -3B. d. The developer shall provide a swimming pool, dressing rooms, a tot lot, and pa4hwa-ys an additional 5% open space as amenities for this development as proposed in accord with the standards listed in UDC 11 -3G -3C. A Certificate of Zoning Compliance and Design Review application is required to be submitted for the swimming pool and dressing rooms. e. The property owner shall relinquish their interest in Howry Lane and dedicate right-of-way for a public street in accord with ACHD standards. 1.1.2 The preliminary plat included in Exhibit A.2, dated 4/1/16, shall be revised as follows: a. Note #3: "All lots are residential building lots except Lots 1 & 12, Block 1, Lots 1 & 8, Block 2, Lots 1&50, Block 3, Lots 1, 15, & 27, afml-Block 6, which are common area/drainage storage lots. Lot -57, Block 2, Lot 13 ..." b. Bloek 3 shall be r-eeonfigur-ed to eomply with the No& length standards listed in UDC 11 6C 3F prior- to the Commission hearing. Thep n jvas revised and timp rej�ts a the provision of apathjva up 0 or —ff . Council approved the proposed block length of 1,150+1 -feet because of the slope in excess of 10% that exists in Block 3. c. Common driveways are required to comply with the standards listed in UDC 11 -6C -3D. Lot 7, Block 2 exceeds the maximum 150 foot length requirement but has been approved by the Fire Department. d. Provide an emergency turnaround at the north end of S. Taradale Avenue in accord with Fire Department requirements. A temporary turnaround easement may be provided until such time as this street is extended in the future. -5- EXHIBIT A e. Properties that abut a common driveway shall take access from the driveway unless a significant geographical feature exists or is separated by a minimum 5 -foot wide landscaped common lot. A note should be placed on the plat stating which lots are required to take access via the common driveways. f. The setbacks, building envelope, and orientation of the lots and structures accessed by a common driveway are required to be shown on the preliminary plat and/or as an exhibit with the final plat application. g. Staff anticipates the fall 20 -foot wide strip of land to Amity Road will be dedicated to ACHD for right-of-way (ROW) to convert Howry to a public street; however, if there is area outside of the ROW, a portion of the required 20 -foot wide street buffer should be provided with the remainder of the buffer provided when the property to the east develops. h. Provide traffic calming in W. Aukland St. at the east boundary of the site between Rockhampton Subdivision and the proposed development as required by ACHD. 1.1.3 The landscape plan included in Exhibit A.3, dated 3/7/16, shall be revised as follows: a. Include fencing adjacent to all micropath connections to distinguish common from private areas as set forth in UDC 11 -3A -7A.7. b. If the drainage ditch is left open as a water amenity as proposed, it shall be improved per the requirements listed in UDC 11-1A-1 for water amenities. Construction drawings and relevant calculations prepared by a qualified licensed professional registered in the state of Idaho shall be submitted to both the Director and the authorized representative of the water facility for approval. c. Include detailed calculations that demonstrate compliance with the qualified open space requirements listed in UDC 11 -3G -3B. d. Depict 4 -foot tall bollard lighting, or other appropriate lighting source, along all pathways through common areas that are not visible from a public street as set forth in UDC 11 -3A -8H, unless otherwise waived by the Director. Such lighting shall be shielded from adjacent residences. e. Mitigation information shall be included for the 165 caliper inches (as determined by the City Arborist) of trees proposed to be removed from the site in accord with the standards listed in UDC 11-313-1OC.5. f. Revise the configuration of the site based on the revisions required to the preliminary plat. Lots 17 and 27, Block 6 do no not match the configuration shown on the preliminary plat. g. Inelude a 5 feat wide pedestr4an path ay between Lots 23 & 24 a*d 7 & 8, Bleek 3 eenneeting to the pathway along the Cunningham Later -al. h. The pathway along tke nefth side of the Gumifighmn Lateful shall extead south to the sidewa4k along W. A+*Ia-nd Stfeet at the east boundafy of the site along Lot 16, WE)& . 1.1.4 Include a detail of the play equipment proposed for the tot lot with the submittal of a final plat application. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.1.6 The existing structures on the site shall be removed prior to signature on the final plat by the City Engineer. -6- EXHIBIT A 1.1.7 A perpetual ingress -egress easement for the common driveways proposed on the site shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.2.12 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees asset forth in UDC 11-313-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. l .3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. EXHIBIT A 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 1I - 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 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I F 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. -8- EXHIBIT A 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. -9- EXHIBIT A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: -10- EXHIBIT A a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.7 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26 -feet in width available at all times and shall have no parking; 2) Streets less than 32 -feet in width shall have no parking on one side; and 3) Streets more than 39 - feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750' in length per International Fire Code Table D 103.6.1. and D 103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 4.8 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D 103.6.1 and D 103.6.2. 4.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 5. REPUBLIC SERVICES 5.1 Trash from the homes located on common driveways shall be brought to the curb for pick-up. -11- EXHIBIT A 6. PARKS DEPARTMENT 6.1 Mitigation is required for all existing trees 4 -inch caliper or greater that are removed from the site in accord with the standards listed in UDC 11-3B-1OC.5. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Prior to ACHD's signature on the first final plat, dedicate a 20 -feet wide stripe of right-of-way for the future Howry Lane (public), from Amity Road south to the site. The right-of-way dedication shall encompass the existing private road, Howry Lane. 7.1.2 Prior to ACHD's signature on the first final plat, provide a road trust deposit in the amount of $88,800 ($30,000 for roundabout and $58,800 for Howry Lane improvements). 7.1.3 Construct Stockenham Way with pavement widening, vertical curb, gutter, and a 7 -foot wide attached (or 5 -foot wide detached) concrete sidewalk abutting the site. 7.1.4 Construct Rockhampton Street, onto Stockenham Way at the site's north property line, as proposed. 7.1.5 Construct the internal local streets as 33 to 36 -foot street sections with curb, gutter, and 5 -foot wide attached concrete sidewalks within 50 -feet of right-of-way, as proposed. 7.1.6 Construct a bulb -out with a minimum pavement width of 20 -feet from back of curb to back of curb at the east end of Auckland Street, where the roadway extends from Rock Hampton Subdivision. 7.1.7 Construct 3 cul-de-sac turnarounds with a minimum turning radius of 45 -feet, as proposed. 7.1.8 Construct 2 knuckles, as proposed. 7.1.9 Construct one stub street to the north, Taradale Avenue, located 155 -feet west of the east property line, as proposed. Construct a temporary turnaround at the terminus of Taradale Avenue. The temporary turnaround shall be the dimensional requirements of a standard cul-de-sac and be placed within a temporary turnaround easement. If the temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as a non -buildable lot until the street is extended. 7.1.10 Submit the bridge plans for the crossing of the Cunningham Lateral and drain ditch (Croft Street, Ashcroft Way, and Hillsdale Park Drive) for review and approval prior to the pre -construction meeting and final plat approval. 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with -12- EXHIBIT A Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic 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 ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -13- 14 EXHIBIT A Legal Description & Exhibit Map for Annexation Boundary J -U J -U -B ENGINEERS, INC. J -U -B COMPANIES Howry Lane Subdivision Annexation Boundary Description Project Number 10-16-009 March 14, 2016 +�' I LAW £PMAP PINGSGuFoEua I'M- A parcel of land situated in the west half of the northeast quarter of Section 33, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows; BEGINNING at the north quarter -section corner of Section 33, Township 3 North, Range 1 East, Boise Meridian, which hears N89°14'44"W, 2660.45 feet from the northeast corner of Section 33, Thence S89"14'44"E, 20.00 feet along the north line of the northwest quarter of the northeast quarter; Thence S00"19'12"W, 1329.02 feet parallel with and 20.00 feet from the west line of the northwest quarter of the northeast quarter to the north line of the southwest quarter of the northeast quarter; Thence S89°27'31"E, 1309.05 feet along the north line of the southwest quarter of the northeast quarter to the northeast comer of the southwest quarter of the northeast quarter; Thence 500°22'10�'W,1324.15 feet along the east line of the southwest quarter of the northeast quarter to the southeast corner of the southwest quarter of the northeast quarter, Thence N89°40'19"W, 1327.90 feet along the south line of the southwest quarter of the northeast quarter to the southwest corner of the southwest quarter of the northeast quarter; Thence N00°19'12"E, 1329,10 feet along the west line of the southwest quarter of the northeast quarter to the southwest corner of the northwest quarter of the northeast quarter; Thence NOID'1.9'12"E, 1329.10 feet along the west line of the northwest quarter of the northeast quarter to the POINT OF BEGINNING - The above-described parcel contains 41.07 acres, more or less, Page 1 of 1 a 250 S. Beechwood Avenue, 50te 201, Beise, ID 83709 p 208-376-7350 /` 208.373-9336 w www.jubxcw -14- EXHIBIT A -15- N-1/4 Poe Ll N89'1 4'44'W 2660.45' 28 27 33 34 —20' APN: 51133120800 Line Table No. Direction Length 0 L1 583'14'44"E 220.00'NW4 rn N a NE4 C'2 €4 9 3di6 r � e`I GAL15P $E IN FEET 67 C7 z 589'27'31"E 1309.05' �n o� APN: 51133131200 b ry SW4 NE4 LAOf�+d 3,: W S. N8940'19"4Y 1327.90' lNT, lNQTI PLC i11fE909IDM4dG f7C1�T !W d]pPQNaiEQ I: AEN � -i8 PRO1mi0.c�adl Fltruary Lane Subdivision sHFFr na •fi lP>Qi '� lO1tfJFY GING Psrrt oC 1pOP[a�L5Ep4CE,CTilE PR6PERTY.00 PROiELT MliQU�TNE EkTREB9 riRTlEP P� Meridian Idaho rurnoew a+ia viowEve�xr LwNrP Tea 3114018 Annexation Boundary Section 33, T. 3N., R. 1 E., R.M, — p -15- -15- EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 40.46 acre property with an R-8 zoning district and develop 136 new single-family residential homes. The City Council finds that the proposed development and map amendment complies with the Comprehensive Plan with approval of a "step up" in density. (See section VII above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with an R-8 zoning district as requested is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed single-family residential development will be in conformance with the Comprehensive plan with approval of a "step up" in density as requested by the applicant. City Council finds the proposed transportation plan is in conformance with the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. -16- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available and are adequate to serve the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Based on comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council dings there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site. -17-