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PFP-13-001 TWELVE OAKSPlanning Division ALTERNATIVE COMPLIANCE r Appl i cati o n C heckl i s r Project nu*"t fgSdy2. Oarc; File #: Applicant/agent: JLJ, /tte . All applications are required to contain one copy of the following unless otherwise noted: Applicant r{l Description Staff ({) ?rcvla* PVtcdtu Completed & signed Administrative Review Application (lf ulso submittittg .t cuturrent dpplictuion !t u prelintinary plut or conditirttnl use pennit, tlw Altentuiye -Conpliunce rcquest vill he processed ulong s,ith thu applicntiut. Therefore, ur Adninistnuive Review upplicatiur 1 is rrrl nec(.rs(rn' in rhis cilse; just check the Altentativ Complirutce ho-r 0n Comnrission ,9. Council Reyiew Applicdtiot urd suhnit the infonnutiut hekn.) V Narrative fully describing the proposed request including the following: feasible requirements provides an equal or superior means of meeting the intent and purpose of the regulation Fee THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL REQUIRED INFARMATION. 33 E. Broadway Avenue, Suite 102 r Meridian, Idaho 83642 Phone: (208) 884-5533 o Facsimile: (208) 888-6854 r Website: www.meridiancity.org (Rev.02/{)8/2{)12) d{rry IAN Planning Division IDAHOAPPLICATION ADMINISTRATIVE REVIEW Type of Review Requested (check all that apply) E Accessorv Use lp'eltemative Compliance E Certificate of ZoningCompliance E Certificate of Zoning Compliance Verification E Conditional Use Permit Minor Modification E Design Review E Private Sreet D Property Boundary Adjustment E Time Extension (Director) E Vacation tr Other Applicant Information STAFF USE ONLY: File number(s) Auf- rl<r Project ou ", Tvxlw Do-lcs Date filed: Date complete: Assigned Planner: N Related files: ? F?' E &l Applicant name: Applicant'sinterestinproperty:ElownERentEoptionedEother ownername: li-\E-L.Va ClAfEg , LLC pnone |by - Vll - o o7 Lh a* owneraddress:11\{ At, Frt*atEt ial fip dH I Zip: I WZ E-mail: Agent name (e.g., architect, engineer, developer, representative) Firm name: Address: Phone: Fax: E-mail: Primary contact is: '{ Applicant E Owner E Agent E Other Contact name f\vt4 tra-^,t prro"e)A?'7%-0o7fra*. Contact address: zip: E-mail: Zip: Subject Property Information Locatior/street address: lXrt< tv. trO ,*ol/zt, ,rl 2t> Assessor' s parcel number(s) 5 tzr 'l ltrzl o t Township, range, section: -[, 3N, R.l hJ 5 acreage: Current land use: Current zoningdistrict: alJA $ CC 33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642 Phone: (208) 884-5533 o Facsimile: (208) 888-6854 o Website: www.meridiancity.org I (02/08/2013) {tt. /ttt Applicantaddress: it"'5' tJ. Fuv,ttArot D,> frir/)iir, fl?/,qZ Il r,nn TI,/E-/T Project Description Project/subdivision name: le)st)a o+lz-= General description of proposed project/request: Acres ofeach zone proposed: Type ofuse proposed (check all that apply): ,ff Residential BCommercial l$Offrce E Industrial n Other Who will own & maintain the pressurized irrigation system in this development? Which irrigation district does this properly lie within? r\1 Primary irrigation source: Secondary: Cw Square footage of landscaped areas to be irrigated (ifprimary or secondary point ofconnection is City water) il)w Residential Project Summary (if applicable) Number of residential units: Number of building lots: Number of common lots: Number of other lots Proposed number of dwelling units (for multi-family developments only) I bedroom: 2-3 4 or more bedrooms: Minimum square footage of structure(s) (excl. garage): Minimum property size (s.f) Gross density (DU/acre-total land): Percentage of open space provided: Percentage ofqualified open space E Duplexes E Non-residential Project Summary (if applicable) Type ofopen space provided in , landscaping, public, common, etc): Amenities provided with this (if applicable) Type of dwelling(s) Proposed building height: Average property size (s.f.): Net density (DU/acre-excluding roads & alleys): Acreage ofopen space: (See Chapter 3, Article G, for qualified open space) ; tr Single-family Detached tr Single-family Attached D Townhomes E Other Number of building Gross floor area proposed: Hours of operation (days and Percentage ofsite/project devoted to the Landscaping: Total number of employees Total number of provided: Authorization Other lots: ,): w Building height: Building: Paving: Number and ages of students/children (if applicable): Number of compact spaces provided; Print applicant name: Applicant signature out", //hol4 Broadway Avenue, Suite 102 . Meridian, Idaho 83642 o Facsimile: (208) 888-6854 o Website: www.meridiancity.org 2 Phone: Proposed zoning district(s): ai\\fLf CL 'ln1o. of(rn@J u.l rl&+ DIAN Planning Division IDAHO PRELIMINARY PLAT r Application Checklist All applications are required to contain one copy of the following: Note: Only one copy of the above items need be submitted when submitting multiple applications Additional Requirements for Preliminary Plat Applications 33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642 Phone: (208) 884-5533 e Facsimile: (208) 888-6854 r Website: www.meridiancity.org (02/08/2013) Project name: Twelve Oaks Fnrc*f, ff{) -t1- Applicant/agent: JLJ, lnc. Applicant ({) Description Staff ({) {vApplication - Completed Narrative fully & signed describing Commission the proposed & Council project Review {- kgal description of the subject property (Int, Block, and Subdivision name if located in a recorded v Recorded subdivision OR warranty a metes and dged bounds for the legal subject description property of the property if not in a subdivision.) ./ Affidavit of kgal Interest signed & notarized by the property owner (If owner is a corporarion, { submit Scaled a copy vicinity of the map Articles showing of lncorporation the location or other evidence of the subject to show that property the person signing is an authorized agent.) ./ Pre-application meeting notes (All applications that require a public hearing are required to conduct a pre- application .l Neighborhood meeting meeting with the Planning sign-in Department.sheet (Applicants ) are required to hold a neighborhood meeting to provide {_ Commitment an opportunity for of public Property review Posting of the proposed form signed project prior by the to the applicant/submittal agent of an application.) { Parcel verification letter from Development Services (887-2211) ./ Fee (Please call Planning Department to calculate correct fee. Applications with incotect fees will not be accepted.) Applicant ({) Description Staff ({) ./- Include the following additional information in the project narrative: the ordinance describing the particular provision, the variance requested, and the reason thereof v Approval development. of the proposed (e.9.subdivision , larger rear name setback from to the buffer Ada adjoining County Surveyor's properties, office etc.) ./ Preliminary Plat-* I copy (folded to 8 Yz" x I 1" size) The following items must be included on the preliminarv plat: {_ o Proposed subdivision name (Do not use numbers in preliminary plat names.) {_ a Drafting date {v- _ o a North Section arrow location and county (situate statement) { a Scale (not less than l"=100') {, a Name, address and phone number ofowner(s), applicant, and engineer, surveyor or planner who prepared the preliminary plat \/ a Proposed site(s) for parks, playgrounds, schools, churches or other public uses 33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642 Phone: (208) 884-5533 o Facsimile: (208) 888-6854 o Website: www.meridiancity.org { a Proposed common area lots and./or landscape easements ./ a Streets, street names, rights-of-way and roadway widths, including adjoining streets or roadways (details on plan) ./ a Proposed and existing lot lines and blocks showing scaled dimensions and numbers of each { a kgend of symbols N/A a Minimum residential house size (for R-2 and R-4 zones only) "/ a Contour lines shown at 5' intervals where land slope is greater than lOVo and at2' intervals where land slope is l07o or less, referenced to an established benchmark, including location and elevation N/A a Any dedications to the public and easements together with a statement of location, dimensions and purposes of such { a Floodplain boundary as determined by FEMA or measures to amend this boundary N/A a Stub streets to provide access to adiacent undeveloped land or existing roadways N/A a Block faces not more than seven hundred fifty feet (750') in length for residential districts, and five hundred feet (500') in the TN-C & TN-R districts, without an intersecting, street or alley, except as allowed in UDC 1 1-6C-3F.3 NI /A. a Cul-de-sac lengths not in excess of450' { Reduction of the preliminary plat (8 %" x 11") ./- Landscape plan - *I copy (folded to8Yz" x Il" size) Planmust have ascale no smallerthan l" = 50'(1" = 20'isprefened) and be ona standarddrawing sheet, not to exceed 36" x 48" (24" x 36" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on fiuo or more sheets. v The a following Date, scale, items north must arrow, be included and project on the name landscape plan: ./ a Names, addresses, and telephone numbers ofthe developer and the person and/or firm preparing the plan ./ a Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings. ./ a Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. ./ a A statement of how existing healthy trees proposed to be retained will be protected from damage during construction ./ a Existing buildings, structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements. ./ a Existing and proposed contours for all areas steeper than20Vo slope. Berms shall .l_ a be Sight shown Triangles with one-as defined foot contours.in I 1-3A-5 ofthis ordinance. {- a Proposed landscaping { a Proposed screening structures ./_ a Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: > )trees Width Residential of street subdivision buffers, lineal trees feet of street frontage, and number of street IDIAN Planning Division ALTERNATIVE COMPLIANCE r Appl i cati on C heck I i st Project nu^", 1iileJvr. Oclls File #: Applica4tlagent: JLJ, lnA ^ All applications are required to contain one copy of the following unless otherwise noted: Applicant r{t Description Staff ({) ?rpvfuis ?yTtcittt Completed & signed Administrative Review Application (l[ ulso suhutittittg d c(iltcurrenl ctpplicution lor a preliminury plut or conditirttul use pennit, the Altenrutiye -Contpliance requesl will he processctl ttlong with thut applicuitn. Therefitre, un Adninistrutiye Revietv applicotiort ' is not ilecessun, iil this cuse; just check tlt Altemative Compliutce bo.r on Conurissktn &. Council Reyiety 4il!eS!j!!t .t!144!b!1it rhe in oq11141!1tt1 Qg!y4y.) V Nanative fully describing the proposed request including the following: feasible requirements provides an equal or superior means of meeting the intent and purpose of the regulation Fee THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE UNTIL STAFF HAS RECEIVED ALL RESUIRED INFORMATION. 33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642 Phone: (208) 884-5533 r Facsimile: (208) 888-6854 r Website: www.meridiancity.org (Rev. O2/08/2012) Supplementary information at the discretion of the Director or City Engineer may be required to sfficiently detail the proposed development within any special development area, including but not limited to hillside, planned unit development, floodplain, cemetery, manufactured home parks, and/or hazardous or unique areas ofdevelopment. *Once an application is accepted, staff will contact you to let you know how many additional copies of plans are required. All plans are required to be folded to 8 /2" x I l " size. APPLICATION WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKUST ARE SUBMITTED, THIS APPLICATION SHALL NOT BE CONSIDERED COMPLETE (NOR WILL A PUBLIC HEARING BE SET) UNTIL STAFF HAS RECEIVED ALL REQUIRED INFORMATION. 33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642 Phone: (208) 884-5533 r Facsimile: (208) 888-6854 o Website: www.meridiancity.org N/A Written conlrmation that a traffic impact study is not required and/or has been submitted for review to ACHD. Please contact Mindy Wallace at 387-6178 or Christy Little at 387-6144 for more information. N/A Submit two (2) sets of conceptual engineering plans v N/A Electronic Conceptual Submittal elevations of (Separate proposed disks structures, required) including building materials N/A (l) Disk with electronic version of the conceptual engineering plans in a format that complies with the Specifications for Project Drawings found at: http://www.meridiancity.ors/public works/autocad standards/index.asp M7\ ./ ( 1) Electronic version of the preliminary plat & landscape plan in pdf format submitted on a disk with the files named with project name & plan type (i.e. preliminary plat, landscape plan, etc.). We encourage you to also submit at least one color version for presentation purposes. IAN Planning Division I DAHO FINAL PLAT I Application Checklist Project name: Twelve Oaks File #: Applicant/agent: JLJ,lnc. All applications are required to contain one copy of the following Note: Only one copy of the above items need be submitted when submitting multiple applications Additional Requirements for Final Plat Applications: 33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642 Phone: (208) 884-5533 r Facsimile: (208) 888-6854 o Website: www.meridiancity.org (02/08nu3) Applicant (i) Description Staff ({) Y- Completed & signed Commission & Council Review Application { .l Narrative kgal description fully describing of the subject the proposed property project (Lot, Block, and Subdivision name if located in a recorded { Recorded subdivision OR warranty a metes and deed bounds for the legal subject description property of the property if not in a subdivision.) ./ Affidavit of Legal Interest signed & notarized by the property owner (If owner is a corporation, .l submit Scaled a copy vicinity of the map Articles showing of Incorporation the location or other of evidence the subject to show that property the person (If signing this is a is phased an authorized development, agent.) show this phase in relation to previously approved phases.) { Parcel verihcation letter from Development Services (887-2211) ./ Fee (Please call Planning Department to calculate correct fee. Applications with incorrect fees will not be accepted.) Applicant ({) Description Staff ({) ./ Include the following additional information in the project narrative: requirements or conditions thereof. If not in conformance, describe the proposed changes and why they are needed.* surveying practices and local standards. agreement recorded instrument number (if applicable) * Combo Copy of the approved preliminary plat (8 72" x 1 1") N/A Copy of the "final" Ada County Street Name Evaluation Letter N/A Detail of any proposed amenities (tot lot play equipment, etc.) { Submit lot closure sheet for plat N/A Submit two (2) sets of final engineering construction drawings for streets, water, sewer, sidewalks, irrigation and other public improvements with two (2) copies of the final plat attached to Public Works Department for approval (20s-898-5500). These drawings must be stamped and signed by a registered engineer/surveyor in the State ofldaho. N/A Storm drainage calculations must be submitted for pgv4ls drives and parking areas within subdivisions. N/A Applicant's engineer is required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. N/A Submit cross section (civil plan drawing) of private street to planning department (if applicable). 33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642 Phone: (208) 884-5533 r Facsimile: (208) 888-6854 o Website: www.meridiancity.org ./ Final Plat-13 copies (not including copies for P.W. above), dimensions of 18" x 27" per Idaho Code (folded to 8 Vz" x ll" size) The following items must be included on the final plat: { .namet o o Approved Year of platting plat { o Section location and county (situate statement) J_ a North arrow { a Scale of plat (not smaller than l"=100') a Streets and alleys with widths and bearings {_ a Street names {- . Consecutive numbering ofall lots in each block, and each block numbered { a Each and all lengths of the boundaries of each lot including curve and/or line table ./- a Exterior boundaries shown by distance and bearing (heavier lines than streets and lots) including curve and/or line table { a Description of survey monuments ./- a Initial point and tie to at least two public land survey corners or, in lieu thereof, to two monuments recognized by the City Engineer or County Engineer or surveyor. {_ o Common area lots and/or landscape easements Y. a Existing and proposed easements (show graphically on the plat) v_ a Pertinent notes for easements, restrictions, dedications, etc. { a Basis of bearings u-symbols vaddress u { a a a a Land Land Legend Adjacent Surveyor Surveyor of platted business signed subdivision seal name names and {- Reduction of the final plat (8 t/2" v Signature sheet ofthe hnal plat (4 x copies) 11") "/- Landscape plan - 3 copies (folded to 8 Yz" x I 1" size) NOTE: Internal (parking lot) landscaping will not be reviewed with the final plat for commercial developments unless a separate CZC application is submitted concurrently. Planmusthaveascalenosmallerthanl"=50'(1"=20'ispreferred)andbeonastandarddrawing sheet, not to exceed 36" x 48" (24" x j6" is preferred). A plan which cannot be drawn in its entirety on a single sheet must be drawn with appropriate match lines on two or more sheets. The following items must be included on the landscape plan: { a Date, scale, north arrow, and proiect name ./ a Names, addresses, and telephone numbers ofthe developer and the person and/or firm preparing the plan ./ a Stamp/signature of a landscape architect, landscape designer, or qualified nurseryman preparing the plan. ./ Existing natural features such as canals, creeks, drains, ponds, wetlands, floodplains, high groundwater areas, and rock outcroppings. ./ Location, size, and species of all existing trees on site with trunks 4 inches or greater in diameter, measured 6 inches above the ground. Indicate whether the tree will be retained or removed. ./ A statement of how existing healthy trees proposed to be retained will be protected from damage during construction ./ a Existing buildings, structures, planting areas, light poles, power poles, walls, fences, berms, parking and loading areas, vehicular drives, trash areas, sidewalks, pathways, stormwater detention areas, signs, street furniture, and other man-made elements. ./ Existing and proposed contours for all areas steeper than207o slope. Berms shall be shown with one-foot contours. \-/ If the number of buildable lots has increased or there has been an overall reduction in the amount of open space, the final plat shall be determined not to be in substantial compliance with the preliminary plat. If the Director determines that there is substantial difference in the final plat than that which was approved as a preliminary plat or conditions that have not been met, the Director may require that a new preliminary plat be submitted to the Commis sion (U DC I I -68 -3 C2 b ). APPUCATION WILL NOT BE ACCEPTED UNLESS ALL APPLICABLE ITEMS ON THE CHECKLIST ARE SUBMITTED. 33 E. Broadway Avenue, Suite 102 o Meridian, Idaho 83642 Phone: (208) 884-5533 o Facsimile: (208) 888-6854 o Website: www.meridiancity.org { a Site Triangles as defined in I l-3A-3 of this ordinance. ./ Location and labels for all proposed plants, including trees, shrubs, and groundcovers. Scale shown for plant materials shall reflect approximate mature size. a ./ a A plant list that shows the plant symbol, quantity, botanical name, common name, minimum planting size and container, tree class (I, II, or Itr), and comments (for spacing, staking, and installation as appropriate). J a Planting and installation details as necessary to ensure conformance with all required standards. { a Location and drawing/detail of all proposed fencing ./ a Calculations of project components to demonstrate compliance with the requirements of this ordinance, including: > )trees Width Residential of street subdivision buffers, lineal trees feet of street frontage, and number of street ) Acreage dedicated for common open space ) Number of trees provided on common lot(s) ) Mitigation for removal of existing trees { Reduction of the landscape plan (8 Vz" x I l") ./ Electronic version ofthe approved preliminary plat, final plat, & landscape plan in pdf format on a disk with the files named with project name & plan type (i.e. approved preliminary plat, final plat, landscape plan, amenities, etc.). We encourage you to submit at least one color version for presentation purposes. E IDIAN Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba November 27,2013 Mr. Jim Jewett JLJ, Inc. 1735 W. Franklin Road, Ste. 145 Meridian, ID 83642 RE: Twelve Oaks (ALT-13-024) Dear Mr. Jewett This letter is to confirm the Director approved your request for alternative compliance to Unified Development Code (UDC) 11-3B-7C.3b for the subject property based on the required findings listed in UDC i 1-5B-5E as follows: 1. Strict adherence or application of the requirements are not feasible; or The Director finds that ACHD's requirementfor a 50 foot clear distance between trees and stop signs within the street buffer reduces the area in which trees may be planted making strict adherence to the code notfeasible. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Directorfinds the applicant's proposal to plant twelve (12) 4-inch caliper trees instead of the requiredfourteen (14) 2-inch caliper trees provides and equal means for meeting the requirement. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties. The Director finds the alternative means of complying wtth the requirement will not be materially detrimental to the public welfare or impair the intended uses and character of surrounding properties and will actually improve public safety by allowing a greater clear distance between stop signs and trees. The applicant, Director, or aparty of record may request City Council review of a decision of the Director. All requests for review shall be f,rled in writing with the Planning Division of the Community Development Department on or before December 13,2013, within fifteen (15) days after the written decision is issued, and contain the information listed in UDC 11-5A-68. Community Development Department - Planning Division . 33 E. Broadway Avenue, Meridian, lD 83642 Phone 208-884-5533 Fax 208-888-6854 wvwv.meridiancity.org If City Council review of the decision is not requested, the action of the Director represents a final decision on a land use application. You have the right to request a regulatory taking analysis under Idaho Code 67-8003. Thank you for contributing to the success of Meridian. Please help us serve you better in the future. Visit our web-site at www.meridiancity.org/Plannind to fill out a comment card and give us feedback on how we are doing. Sincerely, Justin AI JL:sw Community Development Department - Planning Division . 33 E. Broadway Avenue, lVleridian, lD 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org \ THE LAND GROUP, INC. November 25,2013 Sonya Watters City of Meridian 33 E Broadway Ave., suite 102 Meridian, ldaho 83642 Re: Twelve Oaks - Meridian ldaho Alternative Compliance Narrative Dear Sonya: We are asking for review and approval of an alternative compliance request for landscape along the frontage of Franklin Rd. Code 11-38-7 C.3.b. calls for a minimum density of l tree per 35 linear feet. When removing drive entrances, our calculations show a requirement for L4 trees and we are proposing L2. One obstacle for the L tree per 35'frontage requirement that may need consideration, for this and future projects, is the new ACHD requirement to have 50'clear distance between trees and stop signs. This 'chews up'quite a bit of frontage when you have multiple entrances/exits with stop signs. Our alternate method of compliance will be to provide 3" caliper Oak Trees instead of 2" caliper. This will beanetincreaseof 8caliperinches(L2treesat3"=36",'J-4treesat2"=28".36"-28"=8"over). The spacing shown on the attached plan is 39' instead of the 35' required. This will allow for more full mature growth for this 50' wide tree (at maturity), and will help maintain a theme for 'Twelve Oaks'. Thank you for your consideration. Sin Phil Hull, RLA Principa I The Land Group, lnc. E nclosu re: Alternative Complia nce Checklist Plan sheet 11.00 , Site Planning . Landscape Architecture o Civil Engineering . GolfCourse ltigation & Engineering . Graphic Communication o Sumeying 462 E. Shore Drive, Ste. t00, Eagle, Idaho 83616 . P 208.939.4041 F 208.939 4445 o www thelandgroupinc com eoJV uoururoc qeo e^leMl uEld edecspuel i{i I ol el ll E 0) ml I @ oo r !J i l { E 5 E;gE. E Yb; 6aE E*3 eEV z3a E.E; I gE* iEE. ;668 E THi \EEE I Ejq rEir *E=: isiE E EE= (u 3a a ra 'l: 6 II o =o I ,d I 5 t oIF 2 o , t .! J 3 , , 2 o Item #78: Twelve Oaks Subdivision (PFP.13.001) Application(s): > Preliminary/FinalPlat(combined) Size of property, existing zoning, and location: This site consists of 9.43 acres of land, is currently zoned TN-R & C-C, and is located at 1845 W. Franklin Road. History: This property was annexed in 2005 w/a DA. A CUP for a mixed use development & a preliminary plat was also approved but has since expired. Summary of Request: The proposed preliminary/final plat consists of 2 building lots on 9.43 acres of land in the C-C and TN-R zoning districts. The plat wrll subdivide one parcel into two lots and will divide the majority of the commercial property from the residential property. After recordation of the subject final plat, the applicant intends to submit a shorl plat application to re-subdivide Lot 1 into four lots for commercial pad sites; and eventually submrt a new preliminary plat to re-subdivide Lot 2 for the development of a residential care facihg, an apartment conplex, and singlelamily residential lots. Commission Recommendation: Approval w/conditions in Exhibit B Summary i. ln favor: of Commission Carl Porter Public Hearing: ii. ln opposition: None iii. Commenting: None iv. Written testimony: None Key lssue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Outstanding lssue(s) for City Council: The applicant is requesting removal of condition 1.1.6 related to the covering of the Vaughan lateral. The applicant proposes to cover the Vaughan lateral with the future subdivision of Lot 2 Block 1. Staff is amenable to the applicant's request but rather than striking the condition completely staff recommends modifying the condition to read: 1,1.6 The piping of the Vaughn Lateral shall occur with the re-subdivision of Lot 2, Block 1. No building permits will be issued for Lot 2, Block I prior to the lot being re-subdivided and the lateral being piped in accordance with UDC 1'1-3A-6. Wriften Testimony since the Commission Hearing: Jim Jewett Notes: 6o^A ottJ, Euttfi DA"rytNl' 'Ttt''tua u(u- Otute .fttg QSf ft OrcrY . f?rE- 4/7u".au-- & ,wrcry I-t 13*k cr€ Tttr /1,t/"Vd o( ?ft \>ffttlttvPc ^.ttl,t- Qnnnall-' I Item #7B: Twelve Oaks Subdivision (PFP-13-00,l) Application(s): F Preliminary/FinalPlat(combined) Size of property, existing zoning, and location: This site consists of 9.43 acres of land, is currently zoned TN-R & C-C, and is located at 1845 W. Franklin Road. History: This property was annexed in 2005 w/a DA. A CUP for a mixed use development & a preliminary plat was also approved but has since expired. Summary of Request: The proposed preliminary/final plat consists of 2 building lots on 9.43 acres of land in the C-C and TN-R zoning districts. The plat will subdivide one parcel into two lots and will divide the majority of the commercial property from the residential property. After recordation of the subject final plat, the applicant intends to submit a short plat application to re-subdivide Lot 1 into four lots for comnercial pad sftes; and eventually subml a new preliminary plat to re-subdivide Lot 2 for the developnent of a residential care facility, an apatlment complex, and singlelamily residential lob. Commission Recommendation: Approval w/conditions in Exhibit B Summary i. ln favor: of Commission Carl Porter Public Hearing: ii. ln opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: None Key lssue(s) of Discussion by Commission: None Key Commission Change(s) to Statf Recommendation: None Outstanding lssue(s) for City Council: None Wriften Testimony since the Commission Hearing: None Notes: / fi/ufL tJt(.(- ueTzwtl/*4/Af /e- /r,l Wef ( ,l*t6at466 Zd 7ve z/frqo*rr ftifara-a_ lr) frlr btoc< I 77t€ /rh ap ++7v?+< lecqs . dnw lof Z ,tX Changes to Agenda: . ltems ll4E, F: T}l Creek - Applicant requested continuance to November 21, 20,l3 Item #4A: Victory South Annexation 142.13.0121 Application(s): Annexation Size of property, existing zoning, and location: This site consists of 310,08 acres of land, is currently zoned RUT, R1, R4 and R6 zoning districts in Ada County, and is generally located south of W. Victory Road, east of S. Linder Road and west of S. Meridian Road. Adjacent Land Use & Zoning: No(h: Bear Creek and Strada Bellissima Subdivisions, zoned R-4 (City) East: Future phases of the Cavanaugh Subdivision, zoned R-8 (City) South: County residences and agricultural land, zoned RUT (Ada County) West: County residences and agricultural land, zoned RUT (Ada County) History: The Kentucky Ridge Estates Subdivision and the Meridian Heights Subdivision were approved through the County. The Tewalt, Hansen and portions ofthe Centers properties were previously considered for development, These prolects were withdrawn by the applicant prior to Council action. Summary of Request: The City of Meridian is proposing to annex 310.20 acres of land adjacent to the existing City corporate boundaries and within Meridian's Area of City lmpact (AOCI). The proposed annexation is comprised of the lots in the Meridian Heights Subdivision, the lots in the Kentucky Ridge Estates Subdivision, lands owned by the i/eridian Heights Sewer and Water District, and multiple other parcels owned by Hansen, Tewalt and Centen. The proposed zoning designations for the area are R4 and R-8 which are consistent with the Future Land Use Map designations, The proposed zoning designations are based on the Comprehensive Plan Future Land Use Map designations, the cunent densities and lots sizes within the existing subdivisions, zoning of other properties in the area, and probable suitable future uses and densitres. The proposed annexation is subject to the State of ldaho's rules and requirements of a Category B annexation; the subject lands contain more than one hundred separate private ownerships and platted lots where landowners owning more than fifty percent ofthe area have consented to the sub,ect annexation. Category B annexations require the City to prepare an Annexation PIan which includes, at a minimum, the following elements: (A) The manner of providing tax-supported municipal services to the lands proposed to be annexed; (B) The changes in taxation and other costs, using examples, which would result if the subject lands wee to be annexed; (C) The means of providing fee-supported municipal services, if any, to the lands proposed to be annexed; (D) A brief analysis of the potential effects of annexation upon other units of local govemment which cunently provide tax-supported or fee-suppo(ed services to the lands proposed to be annexed; and (E) The proposed future land use plan and zoning designation or designations, subject to public hearing, for the lands proposed to be annexed. The City prepared an annexation plan as required under State Statute that provides information to property owneB, current and potentially future residents ofthe City of Meridian, and other interested parties about anticipated changes in taxes, fees, zoning, and services should the subject properties be annexed into the City. The main purpose of the annexation is to assist the Meridian Heights and Sewer District in the logical extension of City utilities due to a public safety concems with the existing private systems. There is an executed three-party agreement that outlines the roles, responsibilities and timing of utility extension in this area. The existing residences within the two (2) County subdivisions will connect to the City of Meridian's water and sewer systems. The remaining properties being annexed (Hansen, Tewalt, Centec and the Meridian Heights Water & Sewer District properties) are undeveloped or underdeveloped and will be reviewed with future development applications. ln the interim, owners of the vacant or underdeveloped properties have agreed to not develop the property until such time as the property owners and the City execute a Development Agreement. The Annexation Ordinance will contain a provision prohibiting any development approvals on the Hansen, Tewalt and Centers properties until such time as the property owne(s) and the City execute a Development Agreement. There are likely uses and structures within the proposed annexation area that do not comply with cunent Meridian code. Code enforcement officers have patrolled the proposed developments and noted over 75 properties with code violations. The primary City violations noted on the properties consisted of the following: 1) Accessory structures (e.9. - sheds) in the front and or side setbacks; 2) lnoperable and/or unregister vehicles; 3) Recreational vehicles pa*ed on driveways and; 4) Fencing in disrepair. Any existing structure or activity that is being conducted on properties within the proposed annexation area that is legal under Ada County code will be "grandfathered", if not outright allowed, under City code as an existing non- conforming use or non-conforming structure provided there is not a life/safety hazard. Upon annexation, all existing non-conforming uses and/or structures will need to be documented to form a baseline on what violations are grandfathered so code enforcement can address any new violations that may come up in the future. Post annexation all proposed building additions, expansions, subdivision and the establishment of new uses will require application to the City's Community Development Department. Comprehensive Plan FLUM Designation: LDR and MDR Writlen Testimony: None Staff Recommendation: Approval Notes Item tl4B: Raisin Angels Rezone (RZ-i3-0,l2) Application(s): Rezone Size of property, existing zoning, and location: This site consists of 1.54 acres of land, is cunently zoned l-1, and is located at 1771 E. Pine Avenue. Adlacent Land Use & Zoning: This property is sunounded by industrial and residential property (across Pine), zoned l-L and RUT in Ada County; vacant and developed commercial properties, zoned C-G and L-O (to the east) and industrial properties (to the west and south), zoned l-1. History: ln 2004, the property received combined preliminary/final plat (PFP-04-008) approval to develop a four (4) lot industrial subdivision on approximately 8.02 acres. Summary of Request: The applicant has applied to rezone (RZ) '1.54 acres from the lL (Light lndustrial) zoning district to the L-O (Limited Office) zoning district for the purpose of developing the parcel with a daycare center. ln the l-L zone, daycare centeB are listed as an accessory use in the l-L district. lf the rezone is approved, the future daycare center would be classified as a principally permitted use in the proposed L-O zoning district; subject to the speciflc use standards listed in UDC 11-4-3-9 for daycare facilities. Typically L-O zoning is not recommended within "lndustrial" designated areas on the FLUM. However, in reviewing the sunounding land use designations, this property is situated adjacent to propefi (east) designated ' Mixed-use Community" on the FLUM which encourages a mix of uses and zoning designations including L-O. Staff remgnizes that FLUM designations are not parcel specific and sees merit in'floating'the adjacent Mixed-use Community designation to cover this property which would support the applicants request for L-O zoning. As part of the rezone application submittal, the applicant provided a conceptual site plan, landscape plan and building elevations. Staff has provided a cursory review of the submitted concept plans and finds the plans to be in general compliance with the UDC. However, the future use of the property will not be established until the property obtains CZC and DES from the Planning Division, Comprehensive Plan FLUM Designation: lndustrial Written Testimony: None Staff Recommendation: Approval without the requirement for a development agreement. Notes: Item ll4C & D: Creekstone Subdivision (A2.13.013; PP-i3.029) Application(s): ! Annexation and Preliminary Plat Size of property, existing zoning, and location: This site consists of 6.92 acres of land, is cunently zoned RUT, and is located on the north side of W. Pine Avenue, midway between N. Ten Mile Road and N. Black Cat Road. Adjacent Land Use & Zoning: North: Fuller Park, zoned R-4 East: County residence, zoned RUT (Ada County) South: Chesterlield Subdivision N0.2, zoned R-8 West: CasUebrook Subdivision, zoned R-8 Summary of Request: The applicant submitted a request for annexation of 6.92 acres with an R-8 zoning consistent with the MDR FLUM designation for the site. A preliminary plat is also proposed consisting of 32 building lots & 6 common/other lots. The gross density of the proposed subdivision is 4.62 dwelling units per acre consistent with the desired density in MDR areas of 3 to 8 dwelling units to the acre. Since this is a low impact development and should develop in similar fashion as the sunounding subdivisions, staff is not recommending a development agreement with the annexation of the property. Lot sizes range between 5,000 and 9,255 square feet however consistent with the lot sizes in the R-B district. However, four (4) do not meet the frontage of 30 feet adjacent to the cul-de-sac. With the submittal of a final plat, the lots must meet the dimensional standards of the UDC. Access to this development is proposed from W. Pine Avenue via N. Clearstream Way. An existing stub street (W. Dover Drive) is provided along the west boundary of the subdivision and will be extended with the development of the site. The applicant will also be required to construct a portion of W. Pine Avenue along the south boundary of the subdivision which will stub at the west boundary; eventually connecting to N. Ten Mile Road. A total of '1.01 acres (0114.06%) of open space is proposed with the plat, consisting of linear open space along Ten mile creek, Pine Avenue street buffer and a micro-path lot. The proposed amenity is an integrated pathway system that connects with the pathway system developed with the Castlebrook Subdivision to the west. The poposed subdivision complies with the open space and site amenity requirements in the UDC. Conceptual building elevations were submifted by the applicant. These elevations depict a variety of styles and building materials consistent with existing homes in Castlebook Subdivision to the west and Chesterfield Subdivision to the south. Comprehensive Plan FLUM Designation: MDR Written Testimony: Dave Yorgason, Applicant's representative (response to the staff report - in agreement) Staff Recommendation: Approval dconditions, Notes: Item t4H: UDC Text Amendment (ZOA 13-003) Application(s): > Text amendment to the Unified Development Code Size of property, existing zonlng, and location: City Wide Adjacent Land Use & Zoning: N/A History: City staff periodically brings UDC TextAmendmenb foMard to the t Planning and Zoing Commission for review and remmmendation to the City Council. Summary of Request: The Planning Division of the Community Development Department has applied for a Zoning Ordinance Amendment (ZOA) to amend the text of certain sections of the Unilied Development Code (UDC) pertaining to fencing adiacent to pathways & open space; common driveways; inigation easements; off-street parking; home occupations; definitions for vehicles; vehicle sales or rental landscaping; public hearing notice signs; allowed uses in the lndustrial districts and other miscellaneous clean-up items. Wdtten Testimony: Bmd Miller, Van Auker Companies; Mike Wardle, Brighton Corp. Staff Recommendation: Approval w/ modifications based on public comment. Notes: PARTIES: 1 2 3 FIRST ADDENDUM TO DEVELOPMENT AGRI,EMENT City of Meridian Twelve Oakes, LLC, Owner JLJ, Inc., Developer THIS FIRST ADDENDUM TO DEVELOPMENT AGREEMENT is dated lhis lD day ot a€p+<nn bey , 2013, ('FIRST n DDENDL 4), by and berween City of ttt".idiar\ a municipal corporation of the State of Idaho C'CITY), whose address is 33 E. Broadway Avenue, Mcridiarq Idaho 83642 and rwelve oakes, LLC, an Idaho limited liability company whose address is 1735 w. Franklin Road, Suite 145, Meridiarq Idaho 83642, hercinafter called OWNER and JIJ, Inc., whose address is 1735 W. Franklin Road, Suite 145, Meridian, Idaho 83642, hereinafter called DEVELOPER. RECITALS A. City and FORMER OWNER entered into that certain Development Agreement that was recorded on November 16,2006 in the real property records ofAda county as lnstrument No. 106180812 C'DEVELOPMENT AGREEMENT') as well as an Addendum to the Development Agreement recorded on July 17, 2013 as Instrument No. 1l30g00gl on the parcel of property as described in Exhibit A. This First Addendum replaces that First Addendum which failed to contain languago as approved by city council, resulting in a scribner's error B. City and OWNER and/or DEVELOpER now desire to amend the Development Agreemen! which terms have been approved by the Meridian city council in accordance with Idaho Code Section 67 -6511 . NO% THEREFORE, in consideration of tlre covenants and condifions set forth herein, the parlies agree as follows: 1. OWNER and/or DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended to modifu/add the following: 4. USES PERJ}iITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified as Moridian City Unified Development Code. Application Jbr a CertiJicate of Zoning Compliance sholl be submified to the City of Meridian prior to future development in the C-C ond TN-R zones, and Twelve Oaks (fka Hark's Canyon Creek Subdivision) - MDA-13-008 page I iStfr,rrflJetffirl,chirErolrerD.Rrcr Arrr0uilT .00 0 flE[HLy:8,"1i!&,r iltilililililtflililililililIlt Mofidhn Clty l l3lB3SlS the pertinent provisions of the City of Meridian Comprehensive Plnn are applicable to the MDA-I3-008 applicatiott 4.2 No change in the uses spccified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT: "Owner and/or Developef' has submitted to "City" a Conceptual Site Plan attached as Exhibit "8", and shall be required to obtain tlre "City'' approval thereof, for a preliminary and final plat of the subject property. 6. CONDITIONS GOVERMNG PROPERTY: DEVELOPMENT OT SUBJECT 6.1 "Owner/Developef' shall develop the "Property'' in accordance with the following special conditions: l. That the Owncr and/or Developer will be responsible for all costs associated with the sewer and water service ex0ension. Any existing domestic wells and/or septic systems within this project wilt haye to be removed from their domestic service, pcr City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. That all fuhrre development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at tho time of dcvelopment. All fuhlre uses shall not involve uses, activities, processes, malerials, equipment and conditions of operation that will be detrimental to any percons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. The Owner and/or Developer shall provide a surety agreement for the construction of a multi-use pathway thmrrgh the site from the Ten Mile Creek to W. Fnnklin across the Ten Mile Creek in ancs to Unified Development Code ll-5C prior to thethe rssuance of Iirst certificate of occupancy in this development. 4, The Owner and/or Developer shall coordinate with the Meridian Parks DeparEnent and Nampa Meridian hrigation District to define the location of the multi-use pathway, bridge maintenance, and landscaping along the Ten Mile Creek 5. The public she€t depicted on the concept plan for access to the single- family residences at the southern end of the site shall extend to the west property boundary for future extension. 6. A cross-access/ingress-egress easement or a public street stub (as applicable) shall be recorded to thc properiies to the east (Parcel #'s R8956000010 & R8956000200) and west (Parcel #51214120661) prior to issuance of any building permits for the site. In lizu of access being provided Twclve Oaks (fta Hark's Canyon Crcek Subdivision) - MDA-13-008 PaEa 2 x 3. If any provision of this Irirst Addendum is held not vatid by a court of competent jurisdiction, such provision shall be deemed to be excised from this First Addendum and the invalidity thereof shall not affect any of the odrer provisions contained herein. 4. This First Addendum sets fodh all promises, inducements, agrcements, condition, and understandings between OWNER and/or DEVELOPER and City relative to tlre subject matter herein, and there are no pronisqs, agre€ments, conditions or under-standitrg, either oral or written, express or implied, between OWNER and/or DEVELOPER and City, orher than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this First Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. Except as herein provided, no condition goveming the uses and/or conditions goveming development of the subject Projcct Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions providcd for a mning designation and/or amendment in force at the time of the proposed amendment. a Twclvc Oaks (fta Hark's Canyon Creek Subdivision) - MDA-13-008 PaSe 3 from the subject property to Parcel # R8956000200, a cross-access/ingress- egress easement rnoy be granted instead through the Hark's Corner propettt (to the east of the subject proper,y) v'ith the property oreners consent. In this case, a cross-access/ingress-egress easement shall be recorded, to Parcel # R89560m200 along with consent for a minimum 2}-Joot wide section ol thc concrete fence to be removed for the access lo occur. .- 7. Access to the site via W. Franklin Road is limited to one access point unless otherwise waived by City Council in accord with IJDC 11-3A-3A, C,ry Council approved a waiver for the second access via FranHin Road shown on the sile plan, contingent apon o.pproval by ACHD. 8. The commercial portion of the site is depicted on the concept plan to consist of a two retail pads consisting of 2,9fi) and 1,750 square feet (s.f.); a 3,525 s.f. bank; and a 4,500 s.f. dental office. In determining consistency with the concept plan, building sizes on these pads shall be allowed a 207o increase or decrease in size. 9. Development of the single-family homes shall be consistent with the conceptual elevations included as Exhibit "8" unless otherwise modified through an amendment to this agreement. 2. OWNER and/or DEVELTOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Fimt Addendum and the Project Site shall be subject to de-annexation if the OWNER and/or DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this First Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this First Addendum. EXHIBIT 8 Conccptual DeveloPment Plan I I I Cenbe Commercial SFR Manor I Square Mutti Family SFR Twelve Oaks - MDA 13{08 t..' , i., e City of Meridian Development Review Agency Comments Meeting Planner: 5, iu t Date 1- t3 Date of List Project Name: Fire lne Notes A B C D I 2 J 4 5 6 7 8 9 l0 l1 t2 13 t4 l5 l6 t7 18 t9 20 2t 22 23 24 25 26 27 28 29 30 3r 32 33 34 35 36 3t 38 39 40 41 42 43 44 45 46 47 48 49 Police Notes J, O",rlorn A B C D E 7t 72 t3 74 75 76 77 78 Sani Services Notes: VC o ra A B C I 2 1 98 J 97 6 ,vl Parks Notes: VE: 6 46 47 79 80 81 82 83 84 85 Public Works VC: I 2 J 4 5 6 7 8 9 l0 ll t2 l3 14 l5 16 t7 l8 l9 20 2l 22 23 24 25 26 27 28 29 30 Notes: Rev. 6/6/12 Sonya Watters From: Sent: To: Cc: Subject: 208-884-5533 Justin Lucas Wednesday, December 04, 2013 10:59 AM Jim .lewett 0imj@jljinc.net) Bruce Freckleton; Sonya Watters Vaughan Lateral Jim, I looked at my notes from last night and propose the following condition to be included in the findings document 1.1.6 The Vaughan Lateral runs along the northern portion of the west boundary of the site and is required to be piped in accord with UDC 11-3A-6. The piping of the Vaughn Lateral may occur with this subdivision or with the re-subdivision of Lot 2, Block 1. lf the lateral is piped with the re-subdivision of Lot 2, Block 1 the following stipulations apply: a) No building permits will be issued for Lot 2, Block 1 prior to the lot being re-subdivided and the lateral being piped; b) Prior to city engineers signature of this final plat (PFP-13-001) the applicant is required to post surety for the future piping of the lateral. I think this condition captures the Council's action and gives you the ability to pipe the lateral now or with a future subdivision of Lot 2 (with the stipulations imposed by Council). I do not have the minutes available from last night to determine exactly when the surety requirement was placed. lf you want to challenge the Council's action you would need to go through the City Council Review (Appeal) Process. Once the findings are acted on you would need to submit the City Council Review Application within 1.5 days. Justin Lucas, AICP Pla n ning Supervisor City of Meridian lucas meridianci o 1 Justin Lucas From: Sent: To: Subiect: Jim Jewett <jimj@jljinc.net> Tuesday, December 03,2013 5:10 PM Justin Lucas Re: RE: RE: I agree to the modified condition Sent from my iPhone On Dec 3,2013, at 4:51 PM, "Justin Lucas" <ilucas@meridiancitv.org> wrote Yes - only the residential portion is affected. You will be able to further subdivide and complete the Commercial portion without piping the lateral. From : Jim Jewett [mailto:jimj@iliinc.net] Sent: Tuesday, December 03, 2013 4:49 PM To: Justin Lucas Subject: Re: RE: 1.1.6 The piping of the Vaughn Lateral shall occur with the re-subdivision of Lot 2, Block 1. No building permits will be issued for Lot 2, Block 1 prior to the lot being re- subdivided and the lateral be piped in accordance with UDC 11-3A-6. I hope that works for you Justin Lucas, AICP Planning Supervisor City of Meridian ilucas@ merid ia ncitv.org 208-884-5533 From : Jim Jewett [mailto:iimj@jljinc. net] Sent: Tuesday, December 03, 2013 3:22PM To: Justin Lucas; carl@sawtoothls,com Subject: 1 Justin, So the commercial lot is uneffected? Sent from my iPhone On Dec 3,2013, at 4:05 PM, "Justin Lucas" <ilucas@meridiancitv.org> wrote: Jim, Staff is going to recommend the following modified condition tonight: I have reviewed the attached staff report and I'm in agreement with site specific Conditions of approval with the following exception. 1.1.6 should be a condition of the re-plat of this lot so I'm requesting that it be removed as a site specific condition. <image001.jpg> James L. Jewett, President JLJ, Inc. *Please note change ofaddress* 880 E. 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