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Firenze Plaza CPAM AZ PP H-2016-0102CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0102 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the request to amend the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 26.81 acres of land from Low Density Residential (LDR) to Mixed Use-Community (MU-C); for annexation and zoning (AZ) of 40.38 acres of land from the RUT zoning district in Ada County to the C-C (16.33 acres) and R-8 (24.05 acres) zoning districts; and for a preliminary Plat (PP) consisting of 11 commercial lots, 2 common lots and 1 right-of-way lot on 16.33 acres in the proposed C-C zoning districts for Firenze Plaza Subdivision located on the northwest corner of E. Amity Road and S. Eagle Road, in the SE ¼ of Section 29, Township 3N., Range 1E., by Sharryn Ann and David Clark. Case No(s). H-2016-0102 For the City Council Hearing Date of: January 17, 2016 (Findings on February 7, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 7, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 7, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 7, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 7, 2017, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0102 - 2 - 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval of the annexation and 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 January 17, 2017, 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 an amendment to the Future Land Use Map contained in the Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for the hearing date of January 17, 2017, attached as Exhibit A. 2. The applicant’s request for annexation and zoning was approved with an R-8 and C-C zoning districts with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of January 17, 2017, attached as Exhibit A. 3. The applicant’s request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of January 17, 2017, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months 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 six (6) month 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 January 17, 2017 By action of the City Council at its regular meeting held on the day of Fa 06,rV , 2(x'6. ;61-7 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 Attest:4-4 0 C. Jay dies �� ��l "0 City Clerk °�'aA eerd VOTED VOTED Y6,_ VOTED J VOTED ler VOTED Yl!�4 VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C . - 4 y w Dated: 21 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0102 -3- Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 1 STAFF REPORT Hearing Date: January 17, 2017 TO: Mayor and City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Firenze Plaza – AZ, CPAM, PP (H-2016-0102) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Sharryn Ann Clark and David L. Clark, have submitted an application for the following:  An amendment to the Future Land Use Map (FLUM) contained in the Comprehensive Plan (CPAM) to change the land use designation on 26.81 acres of land from Low Density Residential (LDR) to Mixed Use-Community (MU-C);  Annexation and zoning (AZ) of 40.38 acres of land from the RUT zoning district in Ada County to the C-C (16.33 acres) and R-8 (24.05 acres) zoning districts;  Preliminary Plat (PP) consisting of 11 commercial lots, 2 common lots and 1 right-of-way lot on 16.33 acres in the proposed C-C zoning districts. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, 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 and Zoning Commission heard these items on December 15, 2016. At the public hearing, the Commission voted to recommend approval of the subject AZ, CPAM, and PP requests. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: Davis and Robin Kearns, Peggy McGee, Koriel, Emery and Gracie Humphries, Romeo Gervais, Karena and Andrew Gardner, Warren Cays, Ann Stephens, Connie Maus, Mike Boily, Carolyn Tenn, Jeff Brummer, Steven Stark, Melissa and David Feldman, Sean Weeks, Deanna Johnson, Ken Mutell, Kathleen Gallagher, Richard Gardner, Ben Miller, Bill Humphries, Jonathan Wadsworth, Kim Hodson, Suzanne Steenkolk, Richard Pullara, David Raine and Skye Ragland. iii. Commenting: Davis and Robin Kearns, Peggy McGee, Koriel, Emery and Gracie Humphries, Romeo Gervais, Karena and Andrew Gardner, Warren Cays, Ann Stephens, Connie Maus, Mike Boily, Carolyn Tenn, Jeff Brummer, Steven Stark, Melissa and David Feldman, Sean Weeks, Deanna Johnson, Ken Mutell, Kathleen Gallagher, Richard Gardner, Ben Miller, Bill Humphries, Jonathan Wadsworth, Kim Hodson, Suzanne Steenkolk, Rchard Pullara, David Raine and Skye Ragland, iv. Written testimony: A petition with several hundred signatures in opposition was received for this project. Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 2 v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Vehicular and pedestrian connectivity with the surrounding Tuscany Subdivision; ii. Appropriateness of the zoning designations for the two outparcel lots (R-15 versus R-8); iii. High density residential developing on Parcel B. iv. Safety of the children using the amenities in the area, walking to nearby schools and waiting at surrounding bus stops. v. Leaving the comprehensive plan in place as is, the residents purchased their homes with the assumption that this would always be low-density residential housing. vi. Increased traffic through the Tuscany Subdivision. vii. Moving forward with the commercial development without having specific development plans for the residential portion of develop (e.g. connectivity, density, and design). c. Key Issues of Discussion by Commission: i. Density of the residential portions of the project that are to be developed in the future . ii. Removing the road connection from the proposed commercial portion of the project to S. Montague Way. iii. Appropriateness of the Comprehensive Plan Map Amendment. iv. Design standards of the TN-R zoning district in lieu of the R-15 zone. v. Prohibiting multi-family developments in the development agreement. vi. Inclusion of a minimum lot size for the residential portion of the proposed development. vii. Restricting the four (4) commercial lots (Block 2) in the northeast corner to the L-O uses. viii. Right-in/right-out accesses to Eagle and Amity Roads. ix. Completing the street frontage improvements along the entire length of S. Montague Way with the first phase of the development. x. R-8 versus R-15 zoning of the Parcel A property. d. Commission Change(s) to Staff Recommendation: i. Modified condition 1.1.1d requiring the construction of the entire S. Montague street improvements (curb, gutter, sidewalk and street buffer) with the first phase of development. ii. Modified condition 1.1.1i removing the requirement for R-15 zoning. iii. Struck condition 1.1.3d since the Commission recommended the R-8 zone for Parcel A and Parcel B. iv. Modified condition 1.1.1.e. based on the modification to condition 1.1.1.d. v. Modified condition 1.1.1.f. requiring the applicant to provide open calculations for the commercial portion with the first CZC or final plat application. vi. Modified condition 1.1.1.h. top reflect the new lot and block numbers of the revised plat. vii. Modified condition 1.1.1.l. to include the street names depicted on the revised plat. viii. Struck condition 1.1.1j ix. Struck condition 1.1.1k x. Struck condition 1.1.3.a. since the development agreement condition 1.1.1n. requires the Parcel A and Parcel B be further subdivided prior to any development occurring the parcels. xi. Struck condition 1.1.3.c. xii. Struck condition 1.1.7, same as condition 1.1.3.d. xiii. Included the revised concept plan/preliminary plat in Exhibit B. xiv. Included ACHD’s conditions in Exhibit B. e. Outstanding Issue(s) for City Council: i. The applicant has requested the Council approve the right-in/right-out accesses to Eagle and Amity Roads. At the December 14th ACHD Commission hearing, the Commission Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 3 denied the applicant’s request for the two access points however, staff has received an updated memo from ACHD staff stating they would evaluate the need for additional access points, if demonstrated to be necessary by a traffic analysis with future development applications (see memo from ACHD dated December 28, 2016). ii. Requiring the frontage improvements across Parcel B’s Eagle Road frontage with the first phase of development. The Meridian City Council heard this item on January 17, 2017. At the public hearings, the Council moved to approve the AZ, CPAM and PP requests. a. Summary of City Council Public Hearing: i. In favor: Tamara Thompson, Steven Stark ii. In opposition: Warren Cays, Suzanne Steenkolk, Sean Peterson, Andrew Gardner, Bill Humphries, Mike Boily, Ken Mutell, Kathleen Gallagher, Ann Stephens, Deanna Johnson, Richard Gardner, Justice Walcott, Romeo Gervais, Kallie Komoda, Connie Maus, Steven Yearsley, Kim Hodson, Brady Johnson, Nancy Boyd, Jonathan Wadsworth, Skye Ragland, David Raine, Jason Davidson, Karena Gardner, Kathy Stark, iii. Commenting: Warren Cays, Suzanne Steenkolk, Sean Peterson, Andrew Gardner, Bill Humphries, Mike Boily, Ken Mutell, Kathleen Gallagher, Ann Stephens, Deanna Johnson, Richard Gardner, Justice Walcott, Romeo Gervais, Kallie Komoda, Connie Maus, Steven Yearsley, Kim Hodson, Brady Johnson, Nancy Boyd, Jonathan Wadsworth, Skye Ragland, David Raine, Jason Davidson, Karena Gardner, Kathy Stark, John Ringert, Justin Lucas iv. Written testimony: Marcella Peterson, and a petition v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Scott Colaianni b. Key Issues of Discussion by Council: i. Whether direct street access from the existing Tuscany subdivision is appropriate. ii. Which residential zoning designation would provide an adequate buffer around the proposed commercial development? III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016- 0102, as presented in the staff report for the hearing date of January 17, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0102, as presented during the hearing on January 17, 2017, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0102 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 on the northwest corner of E. Amity Road and S. Eagle Road, in the SE ¼ of Section 29, Township 3N., Range 1E. B. Owner(s)/Applicant(s): Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 4 Sharryn Ann Clark and David L. Clark 303 Mt. Royal Drive Mt. Pleasant, SC 29464 C. Representative: The Land Group, Inc. 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 D. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, annexation and zoning and a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 10 and October 31, 2016 (Commission); December 30, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: October 14, 2016 (Commission); December 22, 2016 (Council) D. Applicant posted notice on site(s) on: October 19, 2016 (Commission); January 6, 2017 (Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property and agricultural production, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single family homes in Tuscany Subdivision, zoned R-8 2. East: S. Eagle Road and single-family residential property, zoned R-4 and RUT (Ada County) 3. South: E. Amity Road and single-family/agricultural property, zoned RUT in Ada County 4. West: Single family homes in the Tuscany Subdivision, zoned R-8 C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists in E. Mount Etna Drive and in S. Burgo Way. b. Location of water: Water mains intended to provide service to the subject site currently exist in E. Mount Etna Drive, S. Burgo Way, S. Montague Way, E. Amity Road, and S. Eagle Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is a small drainage ditch that needs to be relocated or tiled with the development of the subdivision project. 2. Hazards: Staff is not aware of any hazards that exist on this property. Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 5 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION (CURRENT): This property is designated Low Density Residential (LDR) on the Comprehensive Plan Future Land Use Map (FLUM). The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. See Exhibit A.2 for current FLUM. LAND USE DESIGNATION (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 26.81 acres of land from Low Density Residential (LDR) to Mixed-Use Community (MU-C). The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in Mixed Use— Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to three or four miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted in Figure 3-3 (Below). TRANSPORTATION: The applicant is proposing two public street connections, one to S. Eagle Road and one to E. Amity Road. The applicant is also requesting approval of two (2) drive aisle connection, also one to S. Eagle and one to E. Amity. All of these access points are predicated on ACHD and City Council granting the approval. DESIGN: The design of future structures on this site are required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. The development should incorporate high quality architectural design and materials consistent with the MU-R designation. In order for the development to be considered integrated with the adjacent MDR designated property to the west, the proposed mixed use area (multi-family and future commercial Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 6 development) should be cohesive in site layout and architectural design of the business park to the west. The proposed concept plan depicts a commercial and office development as well as two (2) remainder parcels for future residential development. The commercial portion depicts nine (9) lots, and (4) office lots. These properties vary in size from 8,000 s.f. at the smallest, to 279,000 s.f. at the largest. In reviewing development applications, the following items will be considered in all Mixed Use areas: • Residential densities should be a minimum of six dwellings/acre. The residential portion of the development will be required to be at a minimum of 6 dwelling units per acre. • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. Staff’s recommendation is that the zoning for Parcel B be R-15 to add increased density to the proposed residential portion of the project. • A conceptual site plan for the entire mixed use area should be included in the application. The applicant has provided a concept plan for the entire project, including for the residential portion. • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The site plan does not include the common open space, plaza or green space required by the comprehensive plan. The applicant shall reconfigure the site plan to include common open space or a plaza. • All developments should have a mix of at least three land use types. The development has a mixture of commercial, office and residential uses and meets this requirement. • Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. The residential component consists of over 58% of the development. With the two zoning designations recommended by staff for the residential portion of the development, the overall density is required to be between 6 and 15 dwelling units per acre. • Non-residential buildings should be proportional to and blend in with adjacent residential buildings. The applicant has provided conceptual elevations for both the residential and commercial structures. The conceptual elevations as proposed meet the requirements of the Comprehensive Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 7 Plan. • Vertically integrated structures are encouraged. The applicant has not proposed any vertically integrated structures. • Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square-foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square-foot building footprint. For the development of public school sites, the maximum building size does not apply. The largest building in the development is the proposed grocery store. The mixed-use designation that is requested by the applicant limits the proposed grocery store to 60,000 square feet. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement. The applicant shall be required to provide 5% of the development as public or quasi-public space. • Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. The applicant has not proposed more than 5% public or quasi-public space for the development. Sample uses appropriate in MU-C areas would include: All MU-N categories, community grocer, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and retail shops, and other appropriate community-serving uses. Appropriate zoning districts in the MU-C include: TN-R, TN-C, C-C, L-O, R-15 and R-40. Staff is supportive of the R-8 zoning district with the caveat that the entire residential portion of the development shall achieve a density between 6 and 15 dwelling units per acre overall. The proposed plan depicts future layout, future connectivity to a public road and internal connectivity (vehicular and pedestrian) with the existing and proposed single family developments. In general, staff is supportive of the concept plan however; staff recommends the applicant to modify their original proposal in the following ways: 1. Include the entire project area in the Mixed-Use Community Comprehensive Plan designation. This will provide a greater transition to the existing single-family residential homes in the Tuscany Subdivision. 2. Remainder parcel A shall be zoned R-8 and shall have lot sizes generally consistent with the Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 8 adjacent single-family homes to the north. Staff believes this aligns with the concept plan above. 3. Remainder parcel B shall be zoned R-15 to allow for a greater variety of housing types within the Mixed-Used Community designation as envisioned by the Comprehensive Plan. 4. Include the two (2) remainder parcels (Remainder Parcels A and B) in the preliminary plat. GOALS, OBJECTIVES, & ACTION ITEMS: 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):  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed commercial development will be anchored by a grocery store that will be within walking distance from the surrounding neighborhoods.  “Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets.” (2.01.04B) Landscaping is proposed within planter islands in the parking areas on this site as shown on the landscape plan attached in Exhibit A.5.  “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) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) The UDC (11-3A-3) restricts access to arterial streets when access is available from a local street. The proposed access to Amity and Eagle Roads is predicated on the applicant obtaining a waiver from City Council and obtaining ACHD’s approval. Staff is not supportive of the two access points to the arterials because local street access will be provided with the development. Staff recommends that the local street network is constructed with the first phase of development so residents in Tuscany will have local street access to nearby services. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff finds that the requested Comprehensive Plan Map Amendment, Annexation and Preliminary Plat would not unconstitutionally violate private property rights. A neighborhood meeting was held on May 17, 2016 of which 24 people attended (see sign-up sheet included in application). b. Population Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 9 The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. No comments have been received from the West Ada School District to determine if the school facilities and student transportation in this area are adequate to serve additional residents. Additional input form the School District will be needed if/when the larger residential lots develop. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, medical and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for Low-Density Residential uses. However, because the site is located adjacent to two arterial streets (E. Amity and S. Eagle Roads) and the area is quickly urbanizing, staff believes the MU-C designation proposed by the applicant is needed to provide additional services to nearby residents.. e. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. Staff believes the proposed MU-C designation proposed by the applicant needs to include the entire project area as recommended by staff. f. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. g. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. h. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. i. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. The proposed development will increase traffic within this area of the City; however, the nearby traffic corridors (i.e. Eagle Road/Amity Road) should provide efficient and safe transportation to and from the development. With the development of the commercial project the Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 10 applicant will need to construct an access road that connects the existing single-family development with the proposed commercial development. If approved by Council and ACHD, the access road will also allow direct access the adjacent arterial roadways. The proposed development is also within walking and biking distance of many services. j. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 248 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. k. Special Areas or Sites The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. l. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated for residential uses. The applicant proposes to change the land use designation on a portion of this property to MU-C and develop a portion of the property with commercial development. Staff’s recommends that the applicant modify their proposal to include the entire project area in the MU-C designation. m. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a mixed use commercial and residential development. However, there are no specific uses proposed with this application. To promote quality design, all future structures, except for single -family detached homes, will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. The applicant has provided a materials board and sample elevations that demonstrates the architectural character of the proposed development. n. Agriculture The subject amendment will impact areas being used for farming activities. The development will be constructed on land that was previously used as farm land. o. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. p. National Interest Electric Transmission Corridors This site is not designated for a high-voltage transmission line corridor. Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 11 q. Public Airport Facilities This site is not designated for a public airport facility. SUMMARY: Because this site is located near Eagle Road and Amity Road, major transportation corridors in the City, and is in close proximity to residential uses. Staff believes the MUC designation and proposed development are appropriate for this property. If the change to the FLUM is approved, the proposed development will contribute to the mix of commercial and residential uses in this area. The development will also provide needed services and shopping areas in this area of the city and along Eagle Road and in the general vicinity. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone (C-C): The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Purpose Statement of Zone (R-8 and R-15): 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. C. Schedule of Use: Table 11-2B-2, 11-2A-6 and 11-2A-7 list the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-C, R-8 and R-15 zoning districts. Any use not explicitly listed, or listed as a prohibited use is prohibited. D. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-2 for the C-C zoning district and 11-2A-6 for the R-8 zoning district and 11-2A-7 for the R-15 zoning district. D. Landscaping Standards (UDC 11-3B): The standards for landscaping contained in UDC 11-3B apply to development of this site. E. Common Open Space and Site Amenity Requirements: Landscape buffers are required as part of this project, including those along arterial roads (Eagle and Amity). The standards listed in UDC 11-3G-3 do not apply to the development of this site because the residential component of the project is not being developed with this application. The developer will need to submit a separate application to develop the residential portion of the project. F. Structure and Site Design Standards: Development is required to comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 26.81 acres of land from Low-Density Residential to Mixed Use- Community. A concept plan for a portion of the proposed development area was submitted with the subject application. The concept plan depicts a mixed use development consisting of thirteen (13) Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 12 commercial pad sites ranging in size from 8,000 square feet to 279,000 square feet. The residential portion of the project will be reviewed at a later date. The submitted concept plan indicates that the density for the residential portion will fall between 6 and 15 dwelling units per acre, which is consistent with the requirements of the Comprehensive Plan. In general, staff is supportive of the concept plan; staff would encourage the applicant to modify their original proposal as follows: 1. Include the entire project area in the Mixed-Use Community Comprehensive Plan designation. This will provide a greater transition to the existing single-family residential homes in the Tuscany subdivision. This will provide a greater transition to the existing single-family residential homes in the Tuscany subdivision. For the reasons stated in Section VII above, Staff is in support of the applicant’s request. B. Annexation & Zoning (AZ): The applicant requests approval to annex and zone 40.38 acres of land with C-C and R-8 zoning districts. The C-C zoning district is consistent with the MU-C designation and with a condition to require the density of the residential parcels to between six and fifteen dwelling units per acre, staff can make the finding that the R-8 zoning district is consistent with comprehensive plan. Staff’s recommendations are as follows: 1. Remainder parcel A shall be zoned R-8 and shall have lot sizes generally consistent with the adjacent single-family homes to the north and provide a transitional use between the more intense commercial uses to the south the existing residential to the north. 2. Remainder parcel B shall be zoned R-15 to allow for a greater variety of housing types within the Mixed-Use Community designation. 3. Prior to the City Council the applicant should submit revised legal description for the proposed R-8 and R-15 zoned property. The applicant has indicated that Lots 6-9 will be exclusively used as office designated lots, so the development agreement will reflect a condition that ties the development to only those uses allowed within that zoning designation. 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. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. C. Preliminary Plat (PP): The proposed preliminary plat consists of thirteen (11) commercial lots, two (2) common lots and one right-of-way lot on approximately 16.33 acres of land in a proposed C-C and R-8 zoning districts. The thirteen (13) commercial lots range in size between 8,000 square feet and 279,000 square feet. Staff recommends that the two (2) remainder parcels (Parcel A and Parcel B) be Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 13 included in the plat. Ten (10) days prior to the City Council hearing the applicant shall submit a revised preliminary plat that incorporates the two remainder parcels. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6, 11-2A-7 and 11-2B-3 for the R-8, R-15, and C-C zoning districts. Since the C-C lots are not required to meet a minimum lot size, the proposed commercial lots meet the dimensional standards of the zones. Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required adjacent to E. Amity Road and S. Eagle Road, a 20-foot wide landscape buffer is required along S. Montague Way. Though staff is recommending that the two remainder parcels be included in this plat, the residential portion of this project is not being developed with this application. Compliance with the dimensional standards will be evaluated at the time an application is submitted. In an area designated as Mixed-Use, the residential component of the project shall be between 6 and 15 dwelling units per acre. If the R-8 portion of the project develops with a relatively low density, than the R-15 portion has to make up the difference. Access: Currently, the property has one approved driveway accesses to S. Eagle Road. This access point will be removed as part of the development. The applicant is proposing to extend Mt. Etna Drive to connect with S. Eagle Road approximately 785 feet north of E. Amity Road and 1205 feet south of Zaldia Drive. The applicant is required to provide a cross-access agreement between the commercial lots within the proposed development. The applicant is also proposing to construct a new public street (Bellezza Way) that will connect to E. Amity Road approximately 780 feet west of Eagle Road and 625 feet east of Montague Way. In addition to the two public street connections (one each to Amity and Eagle), the applicant is also proposing to have two right-in, right-out connects (also one ach to Amity and Eagle). The applicant will need to receive approval from both Council and ACHD for the right-in, right-out connections. The applicant is requesting two right-in, right-out access points to arterial roadways. UDC 11-3A-3 limits access to collector and arterial roadways if access to a local street is available. Staff recommends that the applicant construct the local streets with the first phase of development. Revise concept plan to remove access points from the arterial roadways. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.5. The landscape plan depicts the required 25-foot wide landscape buffer adjacent to S. Eagle and W. Amity Roads, and the 20-foot wide landscape buffer adjacent to N. Montague Way. The street buffer landscaping complies with the standards in accord with UDC 11-3B-7C. With the development of the residential portion of the project, the applicant will be required to meet the open space requirements of UDC 11-3B. Existing Trees: The submitted landscape plan notes existing trees on the plan proposed for removal. The applicant is responsible to mitigate all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in accord with UDC 11-3B-10. With the submittal of the final plat, the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Waterways: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 14 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize 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 signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Sidewalk: Five-foot wide detached sidewalks are required along both E. Amity Road and S. Eagle Road. Five-foot wide attached sidewalks are required along both sides of Mt. Etna Drive and Bellezza Way in accord with UDC 11-3A-17. Building Elevations: The applicant has submitted sample elevations to depict the style of homes and proposed for the subdivision. (A reminder that the development of single-family homes is not proposed as part of this application). The proposed homes depict a mix of building materials (lap siding, and batten siding), decorative trim, decorative corbels and stone wainscot. The design features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. The submitted commercial elevations incorporate a glass storefront, block wainscot, variations in roof form, decorative covered entries, and modulation in the wall planes. However, specifics’ regarding the primary building materials is not provided on the submitted plan. Any structures constructed on the commercial lots must comply with the design standards set forth in UDC 11- 3A-19. A recommended DA provision requires compliance with the submitted building elevations. 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 any attached single-family homes as well as for the commercial lots. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. Summary: In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed FLUM 3. Conceptual Area Plan (dated: 4/5/16) 34. Preliminary Plat (REVISED)(dated: 512/215/16) 45. Landscape Plan (dated: 1/29/16) 56. Conceptual Building Elevations (dated: 7/22/16) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary Exhibit A Firenze Plaza – CPAM, AZ, PP H-2016-0102 PAGE 15 D. Required Findings from Unified Development Code Exhibit A - 1 - Exhibit A.1: Zoning & Aerial Maps Exhibit A - 2 - Exhibit A.2: Existing & Proposed FLUM Exhibit A - 3 - Exhibit A.3: Conceptual Area Plan Preliminary Plat (REVISED)(dated: 412/15/16) Exhibit A - 4 - Exhibit A.45: Landscape Plan (dated: 10/12/16) Exhibit A - 5 - Exhibit A.56: Conceptual Building Elevations Exhibit A - 6 - Exhibit A - 7 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 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. The existing home and associated outbuildings shall be removed from the site prior to signature on the first final plat. b. Future development of this site shall substantially comply with the preliminary plat/concept plan, site plan, landscape plan and architectural elevations included in Exhibit A. c. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. d. A 25-foot wide street buffer and a 5-foot detached sidewalk is required to be constructed along the commercial frontage of E. Amity and S. Eagle Roads and construct the street improvements (20-foot wide street buffer, 5-foot wide detached sidewalk and curb and gutter) along the entire frontage of S. Montague Way with the first phase of development and prior to issuance of the first Certificate of Occupancy for the site. Landscaping is required to be installed within the buffer in accord with the standards listed in UDC 11-3B-7C. e. The landscape buffer and sidewalk requirements along Parcels A and B shall be installed with the development of those parcels, excluding the west side of the parcels as identified in 1.1.1d. above. f. In accord with the requirements of the Mixed-Use designation set forth in the Comprehensive Plan, the applicant shall be required to provide 5% of the development as public or quasi- public space. With the first CZC or the final plat application, the applicant shall provide open space calculations for the commercial portion of the development. g. In accord with the requirements of the Comprehensive Plan for Mixed-Use developments; in developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. h. The uses allowed on Lots 1-4, Block 2 6-9 shall be only those uses allowed within the L-O zoning district. The applicant shall work with staff to come up with a trigger to implement the third required land use type. i. Remainder parcels A and B shall be zoned R-8 and shall have lot sizes generally consistent with the adjacent single-family homes to the north. j. Remainder parcel B shall be zoned R-15 to allow for a greater variety of housing types within the Mixed-Used Community designation. k. The combined density of the R-8 and R-15 residential portion of the project shall have a combined density of between 6 and 15 dwelling units per acre. If the minimum of 6 units cannot be achieved on one of the parcels, the other residential property shall make up the difference in density. l. The two proposed local streets (Mt. Etna Drive and Bellezza Way) shall be constructed with Exhibit A - 8 - the first phase of development. The applicant shall revise the concept plan to remove the access points from the arterial roadways, and provide a revised plat to staff at least ten (10) days prior to the City Council hearing. m. One right-in/right-out shall be allowed to Amity Road and one Eagle Road from the proposed commercial portion of the project as proposed in the preliminary plat. No direct lot access to Eagle and Amity Roads shall be allowed as part of this development. n. Parcels A and B shall be further subdivided prior to any development on those parcels. o. In accord with the Mixed-Use designation set forth in the Comprehensive plan, the proposed grocery store is limited to a maximum 60,000 square feet. 1.1.2 The landscape plan included in Exhibit A.5, dated October 12, 2016, is approved with the following changes: a. The landscape plan does not include the required 20 foot landscape buffer on the east side of S. Montague Way. The applicant shall submit a revised landscape plan prior to the Council hearing. 1.1.3 The preliminary plat included in Exhibit A.4, dated December 15, May 25, 2016, shall be revised 10 days prior to the City Council is approved as follows: a. Remainder parcel A and Remainder parcel B shall be included in the subdivision plat. b. Prior to signature on the final plat, the applicant shall provide a copy of a recorded cross- access agreement between the commercial lots within the proposed development. c. Ten (10) days prior to the City Council hearing the applicant shall submit a revised preliminary plat that incorporates the two remainder parcels. d. Prior to the City Council the applicant should submit revised legal description for the proposed R-8 and R-15 zoning designations. 1.1.4 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.1.5 The applicant is required to obtain approval of a Certificate of Zoning Compliance application for establishment of the new use and to ensure all site improvements comply with the provisions of the UDC and the conditions in this report prior to application for building permits, in accord with UDC 11-5B-1. 1.1.6 The applicant is required to submit an application for Design Review concurrent with the Certificate of Zoning Compliance application in accord with UDC 11-5B-8. The site and building design is required to be generally consistent with the elevations and site plan submitted with this application, the conditions of approval noted herein, and comply with the design standards and guidelines in effect at the time of submittal of the application. 1.1.7 The applicant shall provide revised legal descriptions for both the R-8 and R-15 zoning districts prior to the City Council hearing. 1.1.8 The applicant shall obtain a Council waiver for the access to Amity and Eagle Road in accord with UDC 11-3A-3. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. Exhibit A - 9 - 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 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 all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.10 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. 1.2.11 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.12 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Architectural Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3 Ongoing Conditions of Approval 1.3.1 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. 1.4 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 submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit application. 1.4.3 The applicant shall submit revised legal descriptions for the staff recommended R-8 and R-15 zoning districts. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant will need to extend a short sanitary sewer main from the currently proposed terminus near the NW corner of Parcel 13, to the east in order to provide service to parcels 12 and 13. Each parcel shall be required to have a separate service line to the public sewer system. 2.1.2 A street light plan will need to be included in the final plat application. Street light plan Exhibit A - 10 - requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. 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 signature of the final plat by the City Engineer. 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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. Exhibit A - 11 - 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 improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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. 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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 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 Exhibit A - 12 - 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 comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs 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: a. Fire hydrants shall have the 4 ½” 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 ½” 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. 4.2 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. 4.3 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. 4.4 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 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. 4.7 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.8 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. 4.9 There shall be a fire hydrant within 100’ of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.10 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 Exhibit A - 13 - 4.11 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.12 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 5. REPUBLIC SERVICES 5.1 Republic Services has requested details of the trash enclosures. Please coordinate with Bob Olson, Republic Services (208-345-1265 or rolson@republicservices.com) and obtain approval of the trash enclosure prior to submittal of the Certificate of Zoning Compliance application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT A. SITE SPECIFIC CONDITIONS 1. The revised plat layout, dated December 6, 2016 is approved. 2. Enter into a Cooperative Development Agreement with ACHD for the proposed widening of the roundabout at Eagle/Amity, and the proposed widening of Eagle Road. The Cooperative Development Agreement should include the intersection and roadway design and construction, as well as allocation of costs. ACHD will provide reimbursement for eligible project costs of permanent intersection improvements consistent with the CIP. 3. Dedicate right-of-way on Eagle Road to total 48-feet from centerline (outside the influence area of the Eagle/Amity roundabout). The applicant will be compensated for this right-of-way. 4. Construct Mount Etna Drive to intersect Eagle Road, located 785-feet north of Amity Road; and to intersect Montague Way in alignment with San Stefano Drive. 5. Construct one right-in/right-out only driveway to intersect Eagle Road, located 495-feet north of Amity Road. Restrict the driveway to right-in/right-out only with the construction of a 6” raised median on Eagle Road. The median should extend from the roundabout north to 75-feet beyond the north edge of the driveway. 6. Dedicate right-of-way on Amity Road to total 48-feet from centerline (outside the influence area of the Eagle/Amity roundabout). The applicant will be compensated for this right-of-way. 7. Construct one 30-foot wide right-in-right-out only driveway on Amity Road located 435-feet west of Eagle Road, as proposed. Restrict the driveway to right-in/right-out only with the construction of a 6” raised median on Amity Road. The median should extend from the roundabout west to 75- feet beyond the west edge of the driveway. 8. Construct a dedicated right turn lane on Amity Road to accommodate the right-in/right-out only driveway. 9. Construct Bellezza Way to intersect Amity Road, located 780-feet west of Eagle Road, as proposed. 10. Construct a dedicated right turn lane and a center left turn lane on Amity Road at Bellezza Way. 11. Construct Mount Etna Drive, between Eagle Road and Bellezza Way, as a 46-foot street section with vertical curb, gutter, and a 5-foot wide detached concrete sidewalk. If street trees are desired, then the planter strip shall be 8-feet in width. Exhibit A - 14 - 12. Public streets located west of Bellezza may be constructed as 34-foot street sections with vertical curb, gutter, and 5-foot wide concrete sidewalks (attached or detached). If street trees are desired, then the planter strip shall be widened to 8-feet in width. Provide written Fire Department Approval for use of the 34-foot street section. 13. Construct commercial driveways on Mount Etna Drive, as proposed: • Two 30-foot wide driveways, aligned centerline to centerline on the north and south sides of Mount Etna Drive, located approximately 250-feet west of Eagle Road. • One 30-foot wide driveway located approximately 450-feet west of Eagle Road. 14. Construct Bellezza Way as a 46-foot street section with vertical curb, gutter, and a 5-foot wide detached concrete sidewalk abutting the site. Dedicate right-of-way to 2-feet behind the back of curb and provide a sidewalk easement for the detached sidewalk. If street trees are desired, then the planter strip shall be widened to 8-feet in width. 15. Construct commercial driveways on Bellezza Way, as proposed: • One 30-foot wide driveway located approximately 250-feet north of Amity Road. • One 40-foot wide driveway located approximately 360-feet north of Amity Road. • One 40-foot wide driveway located approximately 570-feet north of Amity Road. (May be wider if deemed necessary to accommodate trucks.) 16. Pave all driveways their full width at least 30-feet onto the site beyond the edge of pavement of the adjacent roadway. Driveways on Eagle Road and Amity Road shall be constructed as curb return type driveways. 17. All other driveways on the proposed local streets (future residential areas) will be reviewed with future development applications. 18. Obtain approval from the ACHD Pavement Cut Committee for all cuts to Montague Way. 19. Other than the access points approved with this application, direct lot access to Eagle Road and Amity Road is prohibited and shall be noted on the final plat. 20. Payment of impacts fees are due prior to issuance of a building permit. 21. Comply with all Standard Conditions of Approval. B. STANDARD CONDITIONS OF APPROVAL 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). 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 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. 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. Exhibit A - 15 - 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. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. 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. 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. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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. 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 - 16 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary Exhibit A - 17 - Exhibit A - 18 - Exhibit A - 19 - Exhibit A - 20 - Exhibit A - 21 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT 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 amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Council finds that the proposed changes, as recommended by staff, to the Future Land Use Map are generally consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. Council finds that the proposal to modify the Future Land Use Map to allow for Mixed Use - Community uses will be compatible with existing and future residential and commercial uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Council finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses if the applicant complies with the conditions in Exhibit B. f. The proposed amendment will not burden existing and planned service capabilities. Council finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Council finds the proposed commercial development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject Findings above, Council finds that the proposed amendment is in the best interest of the City. 2. ANNEXATION & ZONING 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 Exhibit A - 22 - Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Council finds that the proposed map amendment to C-C, and R-8 and R-15 are consistent with the proposed MU-C FLUM designation for this site and should be compatible with existing and future uses in the area. Therefore, Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that the proposed map amendment to the C-C and R-8 zoning districts are consistent with the purpose statements of 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; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered any oral or written testimony that was 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, 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). Council finds the proposed annexation of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B and enters into a development agreement. 3. 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; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Exhibit A - 23 - Because City water and sewer and any other utilities will be provided by the development at their own cost, 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; Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered any public testimony that was presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Council is unaware. f. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site.