Loading...
Bannock Ridge (H-2019-0143) Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for a Modification to the Development Agreement(Inst.#2017- 084176)to Remove the Subject 4.35 Acre Property from the 13.58 Acre Boundary of the Existing Agreement; and Preliminary Plat Consisting of Ten(10)Buildable Lots and Five(5) Common Lots on 4.35 Acres of Land in the R-4 Zoning District for Bannock Ridge Subdivision,by Ryan Recla. Case No(s).H-2019-0143 For the City Council Hearing Date of: April 7 and 14,2020 (Findings on April 21, 2020) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of April 14,2020, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of April 14,2020,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 14, 2020, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of April 14,2020,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67, Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian,which was adopted April 19, 2011,Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of denial in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BANNOCK RIDGE—MDA,PP H-2019-0143 - 1 - Meridian City Council Meeting Agenda April 21,2020— Page 44 of 113 7. That this denial is in accord with the attached Staff Report for the hearing date of April 14, 2020, 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 a modification to the existing Development Agreement is hereby denied on the basis that it's not in the best interest of the City—City Council favored the development plan contained in the existing Development Agreement over that proposed and did not want to allow the property's separation into different development pieces. Further,by denial of the modification to the Development Agreement,the preliminary plat is also consequently denied. D. 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. E. Attached: Staff Report for the hearing date of April 14, 2020 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BANNOCK RIDGE—MDA,PP H-2019-0143 -2- Meridian City Council Meeting Agenda April 21,2020— Page 45 of 113 By action of the City Council at its regular meeting held on the 21st day of April 2020. COUNCIL PRESIDENT TREG BERNT VOTED AYE COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED AYE COUNCIL MEMBER JESSICA PERREAULT VOTED AYE COUNCIL MEMBER LUKE CAVENER VOTED AYE COUNCIL MEMBER JOE BORTON VOTED AYE COUNCIL MEMBER LIZ STRADER VOTED AYE MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison Attest: Chris Johnson City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 4-21-2020 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR BANNOCK RIDGE-MDA,PP H-2019-0143 -3- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 4/14/2020 ����� DATE: Continued from: 41712020 ( e TO: Mayor&City Council =_- FROM: Sonya Allen,Associate Planner 208-884-5533 Bruce Freckleton,Development Services Manager 208-887-2211 SUBJECT: H-2019-0143 Bannock Ridge LOCATION: 2940 S. Mesa Way(Parcel #R4814130225; SE '/4 of Section 29, � �J T.3N.,R.IE.) I. PROJECT DESCRIPTION Development Agreement modification to remove the subject 4.35 acre property from the 13.58 acre boundary of the existing agreement(Bannock Ridge -Inst. #2017-084176)for the purpose of entering into a new agreement consistent with the proposed development plan; and,Preliminary Plat consisting of 10 building lots and 5 common lots on 4.35 acres of land in the R-4 zoning district. Note: The Assessor's data for the subject parcel lists the acreage as 4.26 acres; however, the surveyor's legal description lists the acreage as 4.35 acres, which the surveyor has confirmed is correct. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 4.35 acres per legal description Existing/Proposed Zoning R-4(existing) Medium Low-Density Residential District Future Land Use Designation Low Density Residential(LDR)(3 or fewer units/acre) Existing Land Use(s) One(1)existing single family residential(SFR)home to remain&agricultural land Proposed Land Use(s) SFR Lots(#and type;bldg./common) 10 SFR buildable lots/5 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 10 detached SFR homes of units) Density(gross&net) 2.35 units/acre(gross); 3.96 units/acre(net) Page 1 Meridian City Council Meeting Agenda April 21,2020— Page 47 of 113 Description Details Page Open Space(acres,total 0.82 of an acre(or 11.13%) [%]/buffer/qualified) Amenities Multi-use pathway Physical Features(waterways, The Ten Mile Creek runs along the northern boundary of hazards,flood plain,hillside) the site Neighborhood meeting date;#of 10/16/19; 11 attendees attendees: im History(previous approvals) Lot 3,Block 2,Kachina Estates Subdivision;H-2017-0050 (Bannock Ridge-Development Agreement Inst.#2017- 074176;preliminary plat expired) B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access from S.Mesa Way via a common driveway and E.Loggers (Arterial/Collectors/State Pass St.,both local public streets. Hwy/Local)(Existing and Proposed) Traffic Level of Service E.Victory Rd. -"F"(currently exceeds ACHD's acceptable level of service during PM peak hour—trips generated from this site will contribute less than 2%to the total PM peak hour traffic on Victory) Stub E. Loggers Pass St.at west boundary is proposed to be extended Street/Interconnectivity/Cross through the site and stubbed to the south Access Existing Road Network Local public streets Existing Arterial Sidewalks/ NA Buffers Required Road Improvements Complete S.Mesa Way as a 33' street section with pavement widening, curb,gutter and 5'wide sidewalk within 50'of right-of-way(ROW) abutting the site;and extend E.Loggers Pass St. as a 33' local street section with curb,gutter&5' sidewalk within 47' of ROW to southern boundary of site with a temporary cul-de-sac turnaround. Capital Improvements Plan(CIP)1 Integrated Five Year Work Plan(IFYWP): • An enhanced pedestrian crossing is scheduled in the IFYWP to be installed on Victory Road at Timber Avenue in 2020. • Locust Grove Road is scheduled in the IFYWP to be widened to 5-lanes from Victory Road to Overland Road in 2022. • The intersection of Victory Road and Locust Grove Road is scheduled in the IFYWP to be constructed as a multi-lane roundabout in 2021. • Locust Grove Road and Bridge Number 2087 is scheduled in the IFYWP to be reconstructed/widened in 2022. • Victory Road is listed in the CIP to be widened to 3-lanes from Meridian Road(SH-68)to Locust Grove Road between 2026 and 2030. • Victory Road is listed in the CIP to be widened to 3-lanes from Locust Grove Road to Eagle Road between 2021 and 2025. Fire Service • Distance to Fire Station 1.9 miles Page 2 — Meridian City Council Meeting Agenda April 21,2020— Page 48 of 113 Description Details Page • Fire Response Time 4:00 minutes under ideal conditions from nearest station(Fire Station #4)—can meet response time goals • Resource Reliability 79%-does meet the targeted goal of 80%or greater • Risk Identification 2—current resources would not be adequate to supply service • Accessibility Project meets all required access,road widths and turnaround. • Special/resource needs Project will not require an aerial device;can meet this need in the required timeframe if a truck company is required. • Water Supply Requires 1,000 gallons per minute for one hour,may be less if buildings are fully sprinklered. • Other Resources Police Service No comments submitted Wastewater • Distance to Sewer Directly adjacent Services • Sewer Shed Ten Mile Trunk Shed • Estimated Project Sewer 10 SFR buildings ERU's • WRRF Declining 13.82 Balance • Project Consistent with Yes WW Master Plan/Facility Plan • Sewer Review Concerns The preliminary civil plans submitted with this application do not show sewer and water facilities,therefore conceptual review could not be completed. Water • Distance to Water Directly adjacent Services • Pressure Zone • Estimated Project Water 10 SFR building ERU's • Water Quality None • Project Consistent with Yes Water Master Plan • Impacts/Concerns The preliminary civil plans submitted with this application do not show sewer and water facilities,therefore conceptual review could not be completed. Page 3 — Meridian City Council Meeting Agenda April 21,2020— Page 49 of 113 1 1 1 .NINE u' ■Nog•..•* u•.:oil ■ - uuu II ■on _ --� ■Emso■ uuu �■ Il llll : u0 10 ■■ i .Emmons uu'l'- ■ 1■■■� ■uu1■■ .I■� SIG ■ _■ �■- l■' �-' - III••11111� Y■ • �. 111iiil�■+ 1 IIII 1.1Milli I NO 2 ■ �II��1 i,' - r - l 111 �■ IIII �• i--- �1 �. i''�' r !R NONE■r NONE ONE ' y ■ol NE■■N■ N ! JE•.� SEISMSf` -■ ■a - ■ - ■■l l W� - - � u I �I ■ ■ U11A■ HIME ■ = I1111 -�SEISE ��-_ __-_ I' { - 1 _ in e lull 3' ■u■umn■flul - -` .I _ - - - 1 wN64+ ■III IIRiI:1uu -w � - :.— 1111■11 -uuuw_ +uua•u uuuu --'_' �vuiiu Illl IIIIIIRi IIII -5 Illllllll -�� _ _ }y'� '��M1_y��11I111111I uuuu•er unu - uuu uuuu = -. uElhiGiil ��uu uu ■nSuuw uu■■ �1 � _ - � s SEEMS ■■ mom on■■ Ming u■ Ming■■■ 1■■■■III 1■1■■III ■uuu ■uuu • ■II ■u ■II ■u ■ENEE■- Emmons- ■1■1■1 Emmons ■ IIIIII : u■1■1■ ul son■ ■EEEEE■- Era on - luull- ■ INN N uuuu IS- on INN �I i•'liiiig ■ IN' ■ 1I uwgEll - l■' Y■ 11111111�■+ ' �■+ Illl = 1111 -IN II _ II 7III +�li 7■ 1 ■ ■ •�lilll i 7■ k ■ �u�n Ill,uuuu �■ ■■I■■■ -Ill,uuuu �■ ■■I■■■ i--_ !R ■■■■ wR ■■■■■r uuuu■ A y ..I ■�M■N■ ■u J1 ■: IIIIII �� ■�M■-- : mom ■ 11 I7Caa1: _ 11■1 _ f _ E111 ■ ■ � Ili �- _I � ■ ■ � Ili �- ��_� � I cull , — iE ■■■ y10I 11111111 ,i-111i -SEEN■ � "'1 _--- I -SEEN■ � - I1111"' G L _-- -IIIIII ■EI�EII■ -��_ -IIIIII = II III _�■EI�EII■ - _ �I11r1�_`_ III = I I uuuu 1% o IIIII 3 ■11111111 N�1111 - o lull 0 111'.u■11I.111 N■1111 = lllNy6+�uI:ul■nuuu -uuuw + •u uuuu -uuuw'S� uu uu a -s uuuw -=1 uu uuuullll 111111111E IIIIII �: uuu IIIIII■I uuuuu IIIIII �: uuu IIIIII■' ��1111 111 uuuuu III III ��1111 11111�� uuuuu 1■11■■'03 - Illu El uuuu : - IlluEl uuuu : III. APPLICANT INFORMATION A. Applicant: Ryan Recla—914 S. McDermott Rd.,Nampa, ID 83687 B. Owner: Alan&Rose Marsh—2940 S. Mesa Way,Meridian, ID 83642 C. Representative: Dan Lardie,Leavitt&Associates Engineers,Inc.— 1324 1st Street South,Nampa, ID 83651 IV. NOTICING Planning&Zoning City Council Posting Date Posting Date Notification published in 2/14/2020 3/20/2020 newspaper Notification mailed to property owners within 300 feet 2/11/2020 3/18/2020 Applicant posted public hearing notice on site 2/20/2020 3/20/2020 Nextdoor posting 2/11/2020 3/18/2020 V. COMPREHENSIVE PLAN ANALYSIS(Comprehensive Plan) (Note: This project was submitted prior to the new Comprehensive Plan being adopted; therefore, this project is being evaluated under the previous Plan) The Future Land Use Map(FLUM)contained in the Comprehensive Plan designates this property as Medium Density Residential(MDR). The purpose of the MDR designation is to allow small lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre. The following Comprehensive Plan Policies are applicable to this development: • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities."(3.07.01E) The proposed detached homes will contribute to the variety of residential categories in the City; Staff is unaware how "affordable"the units will be. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City."(3.01.0117) City services are available and will be extended by the developer to the proposed lots upon development of the subdivision in accord with UDC 11-3A-21. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117) The abutting uses are also single-family residential which are compatible with the proposed development. Page 5 Meridian City Council Meeting Agenda April 21,2020— Page 51 of 113 • "Require common area in all subdivisions."(3.07.02F) The proposed plat depicts a total of 0.82 of an acre (or 11.1301o) of common area; because the property is below 5 acres in size, the UDC does not require 10%common area. • "Require all new development to create a site design compatible with surrounding uses through buffering, screening,transitional densities, and other best site design practices." (3.07.01A) The site abuts rural S+/-acre lots to the north and south and urban density residential lots to the west. Staff believes the proposed lot layout, design and density is compatible with surrounding uses. The common area with the multi-use pathway proposed along the south boundary and the common area and creek along the north boundary of the site will provide a buffer between the proposed development and the adjacent rural properties. • "Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods,local collectors, and community destinations.Work with new development, ITD,ACHD,COMPASS,Ada County, and other entities to identify partnership opportunities." (6.02.01A) A segment of the City's multi-use pathway system is designated on the Pathways Master Plan along the Ten Mile Creek along the north boundary of this site. The Applicant has worked with the Park's Dept. to provide the pathway in an alternate location on this site as depicted on the landscape plan. • "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." The proposed urban density subdivision abuts rural S+/-acre residential properties to the north and south; the proposed linear open space areas along the north and south boundaries of the site combined with larger lots (8,000+ square feet) will transition between urban level densities and rural residential densities. • "Encourage infill development."(4.04.01 T) The subject property and adjacent S+/-acre lots in Kachina Estates Subdivision are surrounded by medium low-density residential developments; development of the subject infill property will result in a better provision of City services. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of an existing local stub street(E. Loggers Pass St.) at the west boundary stubbing to the property to the south for future extension. Staff believes the proposed development plan is consistent with the vision of the Comprehensive Plan in regard to land use, density and transportation. VI. UNIFIED DEVELOPMENT CODE ANALYSIS UD A. Development Agreement Modification: The applicant proposes to modify the recorded Development Agreement(Inst. #2017-074176) that governs development of the subject property and the property to the south(Parcel Page 6 Meridian City Council Meeting Agenda April 21,2020— Page 52 of 113 #R4814130200)to remove the subject property from the agreement and enter into a new agreement consistent with the proposed development plan. The existing DA provisions and previously approved preliminary plat and concept building elevations are included in Section VIII.A. The existing preliminary plat depicts 7 (and portions of 3 other)buildable lots on this property with the extension of the stub street from the west to the south boundary and retention of the existing home on the northern portion of the site similar to the proposed plat but with access to the proposed lots from the south and not via S.Mesa Way. Because the proposed development plan is similar to the existing plan and generally consistent with the Comprehensive Plan, Staff is supportive of the request for a modification to the DA. Staff recommends the existing applicable DA provisions are carried over to the new DA(and amended as necessary), as they are still applicable to future development of the site and the proposed plat,landscape plan and concept elevations are also included in the new DA(see Section VIII.C,D&E and Section IX.A). If approved,the modified DA must be signed by the property owner(s)and returned to the City within 6 months of the City Council granting the modification. B. Preliminary Plat: The proposed plat consists of 10 buildable lots and 5 common lots on 4.35 acres of land in the R- 4 zoning district. The minimum lot size in the R-4 district is 8,000 sq. ft. The minimum lot size proposed is 8,001 square feet(s.f.)with a maximum lot size of 30,958 s.f. on the lot where the existing home is proposed to remain. The gross density is 2.34 units/acre. The subdivision is proposed to develop in one phase. Existing Structures/Site Improvements: There is one (1) existing home and accessory structures on the site that are proposed to remain on Lot 10, Block 1. Any structures that do not comply with the minimum setbacks of the R-4 district should be removed or the lot line(s) should be adjusted to comply; the southern- most accessory structure on Lot 10,Block 1 does not comply with the minimum 15 foot rear setback—the plat should be revised to comply or the structure removed. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning district in UDC Table 11-2A-2. Dimensional Standards (UDC 11-2): The proposed development is subject to the dimensional standards of the R-4 district listed in UDC Table 11-2A-5. The R-4 district requires a minimum of 60 feet of street frontage;the street frontage of Lot 2,Block 2 does not appear to be dimensioned correctly,the plat should be revised to demonstrate compliance. The remainder of the lots comply with UDC standards. Subdivision Design and Improvement Standards(UDC 11-6C-3) Development of the subdivision is required to comply with the subdivision design and improvement standards listed in UDC 11-6C-3, including but not limited to streets and common driveways. There are two(2)common driveways proposed; such driveways should be constructed in accord with the standards listed in UDC 11-6C-3D. Staff recommends the common driveway proposed to provide access to Lots 12 and 13,Block 1 be located in a common lot,rather than on Lot 12,Block 1. An exhibit should be submitted with the final plat application that depicts the setbacks, fencing,building envelope, and orientation of the lots and structures accessed via the Page 7 Meridian City Council Meeting Agenda April 21,2020— Page 53 of 113 common driveway; if a property abuts a common driveway but has the required minimum street frontage and is taking access via the public street,the driveway should be depicted on the opposite side of the shared property line from the common driveway. Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum 5-foot wide landscape buffer. A perpetual ingress/egress easement for the common driveways should be filed with the Ada County Recorder,which should include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a recorded copy of said easements should be submitted to the Planning Division prior to or concurrent with submittal of the final plat for the City Engineer's signature. Access(UDC 11-3A-31 Access is proposed via the extension of an existing stub street,E. Loggers Pass St., at the west boundary of the site,which is proposed to stub to the southern boundary of the subdivision for future extension. Two(2)common driveways are proposed to provide access to Lots 12 and 13, Block 1 and Lots 3-5, 7-8 and 10,Block 1 as depicted on the plat. Address signage should be placed at the public street for wayfinding purposes for homes accessed by common driveways. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit.Future development should comply with these standards. Pathways(UDC 11-3A-8): The Pathways Master Plan depicts a 10-foot wide multi-use pathway along the southwest side of the Ten Mile Creek on this site. The Applicant proposes an alternate location for the pathway through the subdivision in general alignment with the creek as approved by the Park's Department. The 10'wide pathway is required to be placed within a public pedestrian easement as required by the Park's Department.Landscape note#6 states the pathway shall be 5' wide; the width should be changed to 10' wide as graphically depicted. There is a short off-site segment(10'+/-) of the multi-use pathway in Glacier Springs Subdivision at the northwest corner of this site that did not get completed with that development leaving a gap in the pathway system.The existing DA contains a provision for the missing section to be completed with this development if approval can be obtained from the Glacier Springs HOA. Staff recommends this provision is carried over to the new DA. Sidewalks(UDC 11-3A-1 : Attached sidewalks are required along internal and adjacent local streets in accord with the standards listed in UDC 11-3A-17. A 10' wide multi-use pathway is proposed along the west side of S.Mesa Way and along the east side of E. Loggers Pass Way in place of the typical 5-foot wide sidewalk. Landscaping(UDC 11-3B): Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. A mix of trees,shrubs,lawn and/or other vegetative groundcover shall be depicted in the common lot adjacent to the multi-use pathway in accord with UDC 11-313-12C.2.The total lineal feet of pathways with the required and proposed number of trees should be included in the Landscape Calculations table on the final plat landscape plan to demonstrate compliance with UDC standards. Page 8 — Meridian City Council Meeting Agenda April 21,2020— Page 54 of 113 Mitigation is required for all existing trees 4"caliper or greater that are removed from the site with equal replacement of the total calipers lost onsite up to an amount of 100%replacement as set forth in UDC 11-3B-1OC.5; mitigation information should be included in the Landscape Calculations table and depicted on the plan. Street buffers are not required along local streets (i.e. E. Loggers Pass St./Way and S. Mesa Way). Qualified Open Space(UDC 11-3G�: Because the area of the proposed plat is below 5 acres in size,the qualified open space standards listed in UDC 11-3G-3B do not apply. However, common area is proposed where a segment of the City's regional pathway system is planned through the subdivision and where the Ten Mile Creek is located totaling 11% of common open space. Qualified Site Amenities(UDC 11-3G1: Because the area of the proposed plat is below 5 acres in size,the qualified site amenity standards listed in UDC 11-3G-3C do not apply. However, a segment of the City's regional pathway system is proposed as an amenity through this subdivision. Storm Drainage: Storm drainage ponds are proposed as shown on the preliminary plat on(common)Lot 1,Block 2 and(buildable)Lot 8,Block 1. Storm drainage ponds should be provided on common lots, rather than buildable lots; the plat and landscape plan should be revised accordingly. Waterways(UDC 11-3A- : The Ten Mile Creek runs along the northern boundary of this site and is required to remain open as a natural waterway and should not be piped or otherwise covered as set forth in UDC 11-3A- 6B.1 and should be protected during construction. Fencing(UDC 11-3A- : All fencing is required to comply with the standards listed in UDC 11-3A-7. The existing fence along the west and south boundaries of the site is proposed to remain;no new fencing is proposed along the subdivision boundary. Wrought iron fencing should be graphically depicted on the plan in accord with Landscape Note#5 and UDC 11-3A-7A.7a which requires the Developer to construct fences abutting pathways and common open space lots to distinguish common from private areas. A 6' tall chain link fence is proposed along the portion of the multi-use pathway that is adjacent to the Ten Mile Creek on Lot 11,Block 1. Staff recommends the type of fencing is changed to wrought iron to match that proposed along the rear of building lots abutting the pathway for consistency. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual elevations of homes planned to be constructed in this development which are included in Section VIII.E. Homes depicted are a single-story and a single-story with a bonus room over the garage with a variety and mix of finish materials consisting of horizontal and vertical siding, and stucco with stone/brick veneer accents; 2-story homes aren't shown but may also be constructed. VII. DECISION A. Staff: Staff recommends approval of the requested modification to the Development Agreement and preliminary plat with the conditions noted in Section IX.A per the Findings in Section X. Page 9 Meridian City Council Meeting Agenda April 21,2020— Page 55 of 113 B. The Meridian Planning&Zoning Commission heard these items on March 5,2020. At the public hearing,the Commission moved to recommend approval of the subject PP request. 1. Summary of Commission public hearing_ a. In favor: Dan Lardie,Leavitt&Associates,Applicant's Representative;Ryan Recla b. In opposition:None c. Commenting: Aneke Binford,Matt Binford, Celeste Blackburn,Jamie Clausen d. Written testimony: Dan Lardie,Leavitt&Associates,Applicant's Representative(in agreement with staff report) e. Staff presenting gpplication: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s)of public testimony; a. Concern from the homeowner's to the south(Binford's)pertaining to lack of substantial buffering between the public walking path and the full length of their property; and the impact on their ability effectively irrigate their land. They request a good neighbor fence &a more substantial vegetative buffer along the pathway to clearly, distinguish the public from private property to discourage trespassing&protect their privacy, and a berm alongtheir heir property to allow them to continue to effectively(flood) irrigate their ro e b. Preference for the multi-use pathway to follow the creek consistent with the pathway in adjacent developments rather than jog through the proposed neighborhood; C. Concern that the proposed development isn't consistent with the existing CC&R's for the subdivision(i.e. Kachina Estates); d. Complaint pertaining to the neighborhood meetingri.e.the time of day it was held when nobody could attend and that it was held in a place where there wasn't much room(in a pub/restaurant)—they didn't provide a space for them to meet as the,, thought hought no one would show upl; e. Concern that the proposed homes in the development won't be compatible with existing homes in the area. 3. Ke. ids)of discussion by Commission: a. The new preliminary plat won't trigger minimum qualified open space & site amenity standards since the site is below 5 acres in size,whereas the existing plat does—would prefer more open space is provided; b. Preference for the three(3)original parcels to develop together as currently platted rather than splitting this one (and possibly others)off into individual developments; c. Preference for a berm, fence and landscaping to be constructed by the Developer along the southern boundary adjacent to the Binford property; d. Preference for Lot 2,Block 2 to be a common area lot rather than a buildable lot for a future retention pond/space. 4. Commission change(s)to Staff recommendation: a. Add a DA provision requiring the Developer to construct a berm no less than 18-inches tall along the southern boundary of the development with fencing on both sides of the pathway and landscaping between the pathway and fence—the Applicant should work with the adjacent property owners(Binford's)on an agreeable berm height/placement and enhanced landscapingprior to the Council meeting for presentation at the Council hearing see Section IX,A.lh,; and, b. Add a condition requiring Lot 2,Block 2 to be converted from a buildable to a common lot(see conditions#2h and Of). 5. Outstandingissue(s)ssue(s) for City Council: a. None Page 10 — Meridian City Council Meeting Agenda April 21,2020— Page 56 of 113 C. The Meridian City Council heard these items on April 7 and 14,2020.At the public hearing on April 14'.the Council moved to deny the subject MDA and PP requests. 1. Summary of the City Council public hearing: a. In favor: Dan Lardie.Leavitt&Associates: Ryan Recla b. In opposition:None C. Commenting: Aneke Binford,Matt Binford d. Written testimony: None e. Staff presenting application: Sonya Allen f. Other Staff commenting on application:None 2. Key issue(s)of public testimony: a. The Binford's would like a 3' tall berm and buffer with additional landscaping and fencing for screeninga=long the full length of their property to Glacier Springs Subdivision(the project's south boundary). 3. Key issue(s)of discussion by City Council: a. The desire for more common area to be provided in this development and the multi-use pathway to continue along the creek rather than through the development: b. Consideration and discussion of the Binford's request: C. Opinion that this property should develop with the adjacent properties as currently entitled so that there is a continuous sidewalk and so that such intense bufferini•e. bermin . fencing and landscaping) isn't necessary to develop the property. 4. City Council change(s)to Commission recommendation: a. The Council voted to deny the MDA application and consequently the PP application in favor of retaining the existingdevelopment plan in the DA and not splitting development area into separate pieces. VIII. EXHIBITS A. Existing Development Agreement Provisions(Inst. #2017-084176) 665. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1.Owner and/or Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and building elevations depicted in the Staff Report attached to Exhibit B, Findings of Fact Conclusions of Law. b. The Owners and/or Developer shall be responsible for all costs associated with the sewer and water service extension. c. All of the existing homes proposed to remain on lots within the subdivision are required to hook up to City water and sewer service within 60 days of it being available to said lots. d. Any and all existing domestic wells and/or septic systems within this project will have to be removed from their domestic service,per City Ordinance 5-7-517,when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. e. The Ten Mile Creek shall be improved as necessary and protected during development. The creek shall remain open as a natural amenity and not be piped or otherwise covered. Page 11 Meridian City Council Meeting Agenda April 21,2020— Page 57 of 113 f. If 2-story homes are constructed on Lots 11 and 12,Block 2,they will be highly visible from E.Victory Road, an arterial street. Therefore,the rear elevations of 2-story homes shall incorporate articulation through changes in two or more of the following: material type,projections,recesses, step-backs,bays,banding,pop-outs,porches,balconies or other architectural elements to break up monotonous wall planes and roof lines. This does not apply to single-story homes. g. A 10-foot wide segment of the City's multi-use pathway system that crosses this site is required to be constructed within a 14-foot wide public use easement in accord with the Pathways Master Plan per the standards listed in UDC 11-3A-8 and 11-313-12C. Submit the easement to the Planning Division with the final plat application for approval by City Council and subsequent recordation. h. If permission can be obtained from the Glacier Springs Homeowner's Association to the west,the developer shall extend and connect the multi-use pathway off-site to the existing pathway which stops short of the property line by approximately 10 feet." Page 12 — Meridian City Council Meeting Agenda April 21,2020— Page 58 of 113 3k { � ji - 1 ON +mlu 6 J A p x • g 15� Z,ol I A? — It, � �. � I � � sp •x S��x� FIR; �a S �-F I' ii F// � ��I IX 4� $ ■ :3� err Z94 ill.$ �0 1 3 y^I 4-I " O P' ■ 8 O P■ b b 41 cEnv17r&Assocln7ES BAF{F{¢C,N RI�C�E$U q�VI$�4N - ENUINEERS,INC; PRELI MINA RY PLAT $s;tc srrwcaLWALu avlt } T"L■EVELOPYIEM LLL $SMVE�'�/AO s{ne Ee�r�•m SMVY.CAOTALPACOOR! 1 C�4r AIM A]}7] REVI9in L_ P..3- In, - Meridian City Council Meeting Agenda April 21,2020— Page 59 of 113 BANNOCK RIDG£ SUMVISIDN PRELIMINARY PLAT \ . § .\ H / ( . _ \ / § - - _ § R � f . - � �■�\ . �; m � \ < SL . wk. � - / �■ . . _ || U, — _ p RJ - f 'E . . - . ®, ! .y Page !4 — Meridian City c«a Meeting Agenda April 2,ym- Page 60ena B. Legal Description&Exhibit Map of Property Subject to New Development Agreement Description For BANNOCK RIDGE SUBDIVISION Lot 3, Block 2 of Kachina Estates Subdivision as filed in Book 35 of Plats at Page 3016 and 3017, records of Ada County, Idaho, located in the Southwest 114 of the Southeast 114 of Section 19,Township 3 North, Range 1 East, Boise Meridian,Ada County. Idaho being more particularly described as follows: Commencing at the$114 corner of said Section 19 from which the SE corner of said Section 19 bears North 89°42'05" East, 2639.98 feet; thence along the South boundary line of said Section 19 North 89°QW'East, 635.81 feet to the SW corner of said I(achina Estates Subdivision; thence leaving said South boundary line and along the westerly boundary line of said Kachina Estates Subdivision Wirth 12"24'22"West, 170.09 feet; thence continuing along said westerly boundary line North 00°1950"East,729.59 feet to the SW corner of said Lot 3, said point also being the REAL POINT OF BEGINNING: thence along the westerly boundary line of said Lot 3 North OGQ19'50"East,444,51 feet to the id1N corner of said Lot 3, thence along the northeasterly boundary line of said Lot 3 South 50°27'35"East,803.01 feet to the NE corner of said Lot 3; thence along the southeasterly boundary line of said Lot 3 the following 2 courses and distances: thence South 39°27'06"Vilest, 76.42 feet: thence 111.27 feet along the arc of a curve to the left, said curve having a radius of 1601 38 feet. a central angle of 39"45'02"and a long chord which bears South 19034'36"West, 109.05 feet to the SE corner of said Lot 3; thence along the southwesterly boundary line of said Lot 3 !North 66'56'33" West. 583.33 feet to the REAL POINT OF BEGINNING. Containing 4.345 acres. more or less, >r % �)J fl �}+F r9�� Page 15 — Meridian City Council Meeting Agenda April 21,2020— Page 61 of 113 CURVE TABLE CURVE R ms LENGTH CHORD >ST D BRA I DELTA g 1�Q 2 r K r 109.s 9 «X¥ 3B�5'a2 UNE TABLE . ENE LENGTH BEARING u 76.42 !D� rw § p § t 44 / G am \ Z [ KACHINA ESWES 7729 m DXCK 2 \Z, e 0 k OF: $ £y POINT 3 rc 2 . 7 KGNN� 3d 4G� �� / X 66. \ 2 A, / • EA CREK j \ mBOAS40N 2 BLOCK � . z I � I I ' f g � k� � 1 19 a&$' _ zzzzz � .._ ... 19 30 N /9' ' E i■j,.' m g BASIS 7 BEARING E. VICTORY R> m ,3 _ se o m 2m SCALE: l" = 120' I#H 0 EXHe17 DRAWING FOR Of. wFRMDr BANNOCK RIDGE SUBDIVISION ST NG. SURVEY 'rA GROUP, [LC _wm«, 4OF�� 19. . �m9 ® mo._ _ C 2123 Page !6 — - Meridian City Council Meeting Agenda April 2,ym- Page 62ana C. Proposed Preliminary Plat(date: 1/3/20) BANNOCK RIDGE SUBDIVISION PRELIMINARY PLAT ® U,; T3N,R.IE,SEC.19,ADA COUNTY,MERIDIAN,IDAHO I'W 201% P PMCEL sere aZ EL NC.R1914130225 w .. �� i Mtfia t \ fid Y .•.e..n a u�xnw wn..mw,a w�wnua.�nuM m:e.u.yr 9�PP u.v/xosmw ms b�dt LINEMLS: Q zp ME w w'� n a a A89REMATIONSo�rxu..cv m •..., �� .�. `` - `` 1 pia -n� ` $E M�e _� Page 17 — Meridian City Council Meeting Agenda April 21,2020— Page 63 of 113 D. Proposed Landscape Plan(date: 12/9/2019) Q_ °w ;a -77 mw.womom mu�iwzwwrs A•l,.u.m.�..��ea_°mn ^€ l �m"E�'r rxw ._.�..V w�w,ax mows-wuic ww ww=.s�sxs TM wrr�ec�r xn wwrz v �' i 11 5 g m o wmwm owe wm.c wo xr.v m�AZ— 0 ...... �.ma�.ue emrnnnn awv.as wmmw uo xx .gym ©Y Za 8 0 ELM dzOz tl LE HUI r j •-o$ O � Wt+w L1.0 Page 18 — Meridian City Council Meeting Agenda April 21,2020— Page 64 of 113 E. Proposed Conceptual Building Elevations w y� b _ E: i �W E� v.VVATION to mq �Sp) a0 zrc os R�z REARREAR E,M� Ww may• i o ----- FR. -----_----- ------ --- -- - ---- -= ai FRONT ELEVATON O6Ys6v^® FRONT ELEVATION --� gcal.vecl'� wU yy �Wg dr Et FRONT ELEVATON REAR ELEVATION ��V1+14' m^ _h Oa W� ig 6I=¢ O f/l W x e 0 g ON oo < _ - o �EwW FRONT ELEVATION scu<.va,ra� ® ® ae e a REAR ELEVATION s o ex-z Page 19 Meridian City Council Meeting Agenda April 21,2020— Page 65 of 113 X. CIT-VAGENCY COMMENTS oc-cvrn�v PLANNING D13,TISION 1 The subject pfopeFty shall no longer-be subjeet to the tefms of the existing Development Agreement nt m A) (hst #201 7 non 176) upon the p pei4.,owfier-(s) of tel:ifi if t agr-eement. The new DA shall be signed by the pfopeFty owner-(s) and r-etumed to the City the f llo plat,a. Futufe development of this site shall be generally consistent with the pr-elifninaFy landscape plan and building elevations depieted in the Staff Report aftaehed to Exhibit B, b. The Ownef(s) an&or-Developer-shall be responsible for-all eosts assoeiated with the sewer-and water-senice extension. seweF „tl,:., tin days of it being available to said lot d. The existing domestie well and/or-s I i , I in Lot 10, Bloek 1 shall be r-emoved e. The Ten Mile Cfeek shall be improved as neeessary and pr-oteeted dufing development. The er-eek shall remain open as a aattif:al amenity and not be piped of:otheowise eover-ed—, f. A 10 foot wide segment of the City's multi use pathway system that efosses this site is required to be eonstfueted within a 14 foot wide publie use easeffient in aeeor-d with the Pathways Master-Plan pef the standaMs listed in UPC 11 3A 8 and 11 3B 12G. S4fflit the easement to the Planning Division with the Ana!plat appliea4ion fOF appFoval by Gity west,the developer-shall &Etend and eonneet the mUlti use pa4hway off site to the l The Deyel. o shall . nstntet ., ber- , no loss than 19 inehes tall .,lonl� the souine.m. 1,,.,,n,1an, f the development with F nei n botl, sides of the ,tl,.,..,...,n !a-ndseapifig 2. The pr-eliminai=y plat ineltided in Seetion NIIII.G, dated 1,13,120, shall be r-evised as follows to submittal f the Anal plat. plie.tiew a. GeFFeet the aefeage depieted Em the plat to be 4.35 instead of 4.26 aer-es per-the legal rather-than a buildable let. e. hot 2, Bleek 2 shall have a minin+afn stfeet frontage of 60 feet in aeeor-d with UDG Table 11 1�T Page 20 Meridian City Council Meeting Agenda April 21,2020— Page 66 of 113 wide rear sethaek, or-shall be removed, in aeeor-d with UPGO Table 11 2A o#1 n• " 1Lots 2 7 4 ,1 bet e�Otc�rro—tee , Eoi�iiAn-zv��o provide-aEE2S:rt;�ivc�-�-8��cncc w4+rrn a eommon loot eoonsisten4 with the sta-adafds listed in UPG 11 6C 3D. g. Revise the ccTypieal Greek"wide mttlti use pathway seefien along Ten Mile Sheet 1 to r-efleet detail on n. Let2, Bleek 2 shallbe Eefwettea ffem a buildable lot to a-Ee eff4et, > dated 12,19,119, shall be r-evised as follows prior-to s4mittal of the final plat appheation! rather-than., 1.,,;1,1able 1 + b. A ealettlations table shall be ineluded on the plan that details the total lineal feet of the multi use pathway with the r-equir-ed and pr-oposed ntimber-of tfees to defflonstr-ate eemplianee with UPC 11 3B 12G; a-ad mitigation infemation for-all e*istiag trees 4" ealiper-Ew greater-that are r-emoved fr-E)m the site that require mitigation as detefmined by the City Arbor-bo with UDC 11 3B 1 nr c ���vmzs, ex3eeSt�atHigC� 6e��czr-vvc�T�v-Tvc� trees, shfabs, WA%and/or-other-vegetaiw gr-oundee3ver-shall be depieted in the pathway in aeeer-d with Landseape Note#5 and UDG 11 3A 7A.7a,whieh requires the Dewloper-to eenstpdet feneing abutting pathways and eenunea open spaee lets to shall a4so > instead of ehain link, be pr-evided along the p.,tb,.,ay.,,];.eent t the Ten Mile e r-eekOn Let 11,BIE)eL 1 fO "Pathway 1 n' wide." n Jta listed i„ Tyr 3CC-3&. 4. Futufe developmefft shall be oonsistent w4h the minimum dimensional standar-ds listed in 5. Off stT-eet par-king is Fequir-ed to be pr-evided in aeeer-d with the standards listed in UDG Table 11 3 C 6 for-single family detaehed dwellings based on the fmmbef Of bedr-ooms per-unit. 6. An exhibit shall be s4mitted with the final pla4 applieation thM depiets the sethaeks, feneing-, building envelope, a-ad orientation of the lots and stmetufes aeeessed3via the eemmen ffentage and is taking aeeess via the publie stfeet,the driveway shali be depieted on the opposite side of the shared pr-epef�y line from the eommen dr-ivewa-y as set fet4h in UDG 11 Page 21 Meridian City Council Meeting Agenda April 21,2020- Page 67 of 113 7. A perpetual iagr-ess/egfess easement feF the eomman dr-iveways shall be filed with the Ada County ReeoFdeF,whieh shall include a Fe"iFeffleHt fOF maintenance of a paved StIFfaee capable Of SUPPOrtiRg fiFe vehicles and woFded copy of said easements shall b-e stibmitted to the Planning Division prior-to or-eonetiffent with subfBittal of the ARA plat fO aeeessed by, n,a-;, o pathway shall be stibmitted to the Planning Division foF the multi ttse pathway that funs th-ough this subdivision p Fe o the final plat by the City FHgifleo, D. PUBLIC WORKS 1. Site Specific Conditions of Approv-W 1.1 The street fiame/addr-ess for-the e*isting home to Femain in this development will most hk4y 1.2 A StFeet light plan will need to be included in the final plat appheation. Stfeet light plan FequiFe'la-on F. Nlietoi=y Road eyefcvnr 1.3 The ffelifflififf�'eivil plans submitted with this appheation do not ShOW SeWeF and wate.F facilities,th ffeF e , 0 ptu l ,00 „l,l not be eompleted.are allowed into a manhole,with a miniffPwn 30 degrees f angle separation). provided to the City of Meridian Bttildiag Offieial for-eaeh lot where ela-y soils afe present at the foundation suppoft eleva4iofi. 2. General Conditions of Appr-oval 2.1 Appheant shall eoor-dinate water-and sewer-main si�e and r-otifing with the P4he IAIMEs. Depat4ment, and e�Eeet4e standard forms of easements for-any mains tha4 are r-equir-ed to pr-Ewide ser-Nliee outside of a publie fight of way. Miniffmm eover-over-sewer-mains is thfee feet, if eover-from top of pipe to s4 grade is less than three feet than alterfia4e materials cr :Ae ti 2.2 Per-Mer-idian Givy Code (NIGG),the applieaR4 shall be r-esponsible to ifistall sewer-and wate agreement astFuEttwe enhaneement per-MCC 8-6 5. 2.3 The applieant shall pr-avide easement(s) for-all publie waterlsewer-mains outside of publie- fight of way(inelude all wa4er-seniees and hydfants). The easement widths shall be 20 feet wide fof a single titility, or-30 feet wide fof two. The easements shall not be dedieated via the plat,but rather-dediea4ed outside the plat pr-oeess using the Gity 4,N414dia-a's standar-d fofms. The easement shali be gr-aphieally depieted on the plat for-r-efefefiee pur-pases. Submit an &Eeettted easement(on the form aNailable from P4he WoAEs), a legal deser-i. Page 22 Meridian City Council Meeting Agenda April 21,2020— Page 68 of 113 the easement(marked EXHIBIT A) and an 81/2"x 11"map with bearings and distances (marked EX141BIT Rl for Both exhibits must be sealed, a and dated by a Professional Land Stwveyor. DO NOT RECORD. Add a note to the plat Fefereneing this doeiirnefit. All easements ffmst be stibmitted,revi&wed, and approved Prior to development „1. appFoN.1 existing suFfaee or well water for the p i I . if a surface or well souree is not available, a single point conneetion to the ettlinary water system shall be required. if assessments for the eom .E)r to prior-to receiving development plan approval. 2.5 All existing stridetureg-thal at -EI tO be FeFRO'VeEI shall be prior-to signattife on the final plat by the City Engineer. Any strw4tres that are allowed to Femain shall be stibjeet to evakiation and possible Feassignment of street addressing to be in eomplianee�with MCC. 2.6 All iffigation ditches, canals, laterals, or drains, exclusive of natural watefw 2.4 The Gity of Mefidia-a Fe"ifes that pressurized iffigation systerns be supplied by a year orossing or laying adjaeent and eontiguous to the area being s4divAied shafll�be -Addressed Per UPC11 3A ti i performing s eh, oFIE the ., ..1:eant shall eomply.with T.1., O Code 42 1207 and any other appheable law of regulation, 2.7 Any existing domestie well system within this projeet shall be removed from domestie used for non domestie purposes such as landscape irrigation if approved by 1da 2.8 Any&Eistifig septie systems within this prej eet shall be removed f+om serviee per Git Ordinanee Seetion 9 1 4 and 9 4 9. Contact Central District Health for abandonment 2.9 Street signs are to be in plaee, sanitary sewer and�water system shall be approved and aetivated,road base appfoved by the Ada County Highway Distriet and the Final Plat for- this subdivision shall be Fee.,,-de Feearded,prior t applying for building permits. 0 ,;will be r-eqtiired for all tmeempleted feneing, landseaping, amenities, ete.,prior-to Srgxatidre earthe final plat. 2.11 All improvements related to publie life, safety and health shall be eompleted oeettpa-mey of the struetwes. Where approved by the City Engineer-, an owner may post-a performanee swe�y for seeh improvements in order-to obtain City Engineer signattire on the final plat as set f rtl, in UPC 11 5C 3—B-. approvalinspeetion fees, as deter-mined during the plan r-evie or to the issiaaaee of a plan lotto 2.13 it shall be the r-esponsibility 4the apphearit to ensure that all development feattires eomp4y with the Amefieans with Disabilities Aet and the Fair Housing A Permitting that .be,- fed by the A,-my Corps of Engineers. 2.15 Developer shall eoordifiate mailbox loeationswith the Meridian-Post Offiee, Page 23 Meridian City Council Meeting Agenda April 21,2020— Page 69 of 113 2..16 All site ofm ee er-manee with N4GG 1-1z 314. material.2.17 Compaction test r-estilts shall be s4mitted to the Mer-idian Building DepaFtment for all building pads Feeeiving engineered baekfill,WheFe footing would sit atop fill 444i4qjM114-�- -Above the highest established peak gi:oundwateF elevatioH. ThisistO eRSUFe that the bottom elevation of the er-avv! spaees of homes is at least 1 foot above. dFainage f4eility within this pr-qj eet that do not fall tmdef the jHfisdietiOR Of aft iffigatio-n- diStFiet or-AC14D. The design engineer-shall provide ceFfification that the facilities have been installed in aecor-danee with the approved design plans. This cer-tifieation will be Fequir-ed before a eei4ifieate E)f eeetipaney is issued for-any stfttetwes within the pr-oj eet. 2.20 At the completion of the pfoject, the applicant shall be responsible to submit record- drawings pef the City of Meridian AutoCAD standards. These rwor-d drawings fRust be Within the PF6+eet-. 2.21 A street light plan will need to be included in the eivil eonsWuetion plans. Street light ph rl'ttp:A-v'Tr"vTr"v .fneFidia-neity.OfW. r-ks.aspx?id--2-72-. amo-ant of 2.22 The City of Mefidian requires that the owner-post to the City a per-foFma vided by the ownef to the City. The surety can be posted in the foFm of an amo,aat of ififfastf+iettife pt:iof:to Ana!pW sigfia4ttfe. This sidfet-y will be vef:ified by a line item eost iaf+as4:uettff e fE)r-&r-ation of two years. This sufety will be ver-ified by a lifie item eE)s vided by the owner-to the Gity. T-ke sw-ety ean be posted in the fel:m of an sur-ety,whieh ean be found on the Community Development Depar-tment website. Please ..tact Land Peyel....,, e+A Se,—nee for-more , fet:..,.,t;..n.,t 997 2 l C. FIRE DEP♦nT-?,4E T- ar;a—nw, =—Me ;a;,nG D. POLICE 71En♦RT-AIEN m E. RK'S DFP,k TA4E T- + ?;a—481241.vat a-0&, —nk,-i ;,. Q4 Page 24 Meridian City Council Meeting Agenda April 21,2020— Page 70 of 113 F. C-(4A.xA46 xmv P1 ♦NNI G A SSOC-I♦TIO Or. SO Txrxx r,cT ID AxxO(f'OAIP A SS) !82430&d id—n&, —n,r r4di RG_ !8!255&azid—n&, —n,r r4di RC_- T DEP♦nTAIENT OF Ti NnTxRONA4ENT♦x Q14♦x xmv(D Q) 1 A1272A_ bid—TlA_r —n.l r4di,nC_- 182001&atid—n&, —nferi ianC X. FINDINGS A. 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: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in general conformance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. However, Council voted to deny the preliminary plat application as a result of denial of the concurrent Development Agreement modification application. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are available to be provided to the subject property with development.However, because City Council did not approve the associated modification to the Development Agreement, the subject property plat is not approved(See Exhibit B of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision would not require the expenditure of capital improvement funds. However, the City Council did not approve the subject plat based on denial of the associated Development Agreement modification application. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers (i.e., Police, Page 25 Meridian City Council Meeting Agenda April 21,2020— Page 71 of 113 Fire, ACHD, etc.). However, the Council did not approve the subject plat based on denial of the associated Development Agreement modification application. (See Section M for more information) 5. The development will not be detrimental to the public health,safety or general welfare; and, The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. However, the Council did not approve the subject plat based on denial of the associated Development Agreement modification application. 6. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. However, the Council did not approve the subject plat based on denial of the associated Development Agreement modification application. Page 26 Meridian City Council Meeting Agenda April 21,2020— Page 72 of 113