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Tetherow Crossing Subdivision Development Agreement H-2020-0112 (2021-046529) ADA COUNTY RECORDER Phil McGrane 2021-046529 BOISE IDAHO Pgs=42 BONNIE OBERBILLIG 03/24/2021 09:47 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Dennis Creek, Owner 4. Hayden Homes Idaho, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 23rd day of M,h 2021, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Dennis Creek,whose address is 770 E Clear Creek Dr.,, Meridian, ID 83646,hereinafter called OWNER and Hayden Homes Idaho,LLC,whose address 1406 N. Main St., Ste. 114, Meridian, ID 83642 hereinafter called DEVELOPER. I. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity; of certain tract of land in the County of Ada, State of Idaho;described in Exhibit"A",which' is attached hereto and by this reference incorporated herein as if set forth in full,herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-6511 A provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner and/or Developer have submitted an application for annexation and zoning of 7.58 acres of land to the R-8(Medium Density Residential)zoning district on the property listed in Exhibit "A", under the Unified Development Code,which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMEN'rAGREEMENT TE`IHEROW CROSSING SUBDIVISION(H-2020-0I 12) PAGE I OF 8 Item#13. 1.6 WHEREAS, the record of the proceedings for requested annexation and zoning held before Planning and Zoning Commission and the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 23`d day of February, 2021, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order("Findings"), which have been incorporated into this Agreement and attached as Exhibit"B"; and 1.8 WHEREAS,the Findings require the Owner and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner and/or Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the Cityof Meridian on. December 19, 2019, Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in frill. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER: means and refers to Dennis Creek whose address is 770 E. Clear Creek Dr., Meridian, ID 83646, hereinafter called OWNER, the parties that own said Property and shall include any subsequent owner(s)of the Property. DEVELOPMENT AGREEMENT—TE-THEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE-2 OF 8 Page 302 Item#13. 3.3 DEVELOPER: means and refers to and Hayden Homes Idaho, LLC, whose address is 1406 N. Main St., Ste 114, Meridian, ID 84641 the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit"A" describing a parcel to be annexed and bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS 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 conceptual building elevations for the single-family dwellings included in Section VI of the Staff Report attached to the Findings of Fact and Conclusions of Law attached hereto as Exhibit "B" and the provisions contained herein. b. The rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and Lots 2-3 of Block 4 that face W. Ustick Rd. shall incorporate articulation through changes in two or more of the following:modulation(e.g.projections,recesses,step-backs,pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. c. Lots 2-5, Block 2 shall be limited to one story in height. d. A 6' tall privacy fence shall be constructed along the eastern property boundary, except for areas along common open space that must have visibility per the fencing requirements of UDC 11-3A-7. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 3 OF 8 Page 303 Item#13. 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner and/or Developer's default of this Agreement, Owner and/or Developer shall have thirty(30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default,which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty(180)day period,then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner and/or Developer that is not cured after notice as described in Section 7.2, Owner and/or Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner and/or Developer reserve all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner and/or Developer,or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience,strikes or similar causes,the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner and/or Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 4 OF 8 Page 304 Item#13. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner and/or Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits,certified check or negotiable bonds, as allowed under the UDC,to insure the installation of required improvements,which the Owner and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City, or sufficient surety of performance is provided by Owner and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER: DEVELOPER: Dennis Creek Hayden Homes Idaho, LLC 770 E. Clear Creek Dr 1406 N. Main St. Ste 114 Meridian,ID 83646 Meridian, ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement,the prevailing party shall be entitled,in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent DEVELOPMENT AGREEMENT—TET14FIZOW CROSSING SUBDIVISION(H-2020-01 12) PAGE 5 OF 8 Page 305 Item#13. jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer,each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property,or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owners and/or Developer,to execute appropriate and recordable evidence of termination of this Agreement if City,in its sole and reasonable discretion,had determined that Owners and/or Developer have fully performed their obligations under- this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided,each party shall act reasonably in giving any consent,approval,or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements,condition and understandings between Owner and/or Developer and City relative to the subject matter hereof,and there are no promises,agreements,conditions or understanding,either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns,and pursuant,with respect to City,to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property 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 provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 6 Or 8 Page 306 Item#13. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: Hayden Homes Idaho, LLC Dennis CreekDavid d�dS Its: �j,n-h�ol��✓ CITY OF MERIDIAN ATTEST: By: — — Mayor Robert E. Simison 3-23-2021 Chris Johnson, City Clerk 3-23-2021 DCVC-LOPMEW AGREEMENT—T[TFICROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 7 OF 8 Page 307 Item#13. STATE OF IDAHO } ss: County of Ada ) On this _ day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Creek known or identified to me to be person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires: ORe&0 r) STATE OF-H%kffO } ss: County of r Ada ) On this day of 1N1C , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared _Q3l9 I d W00dF1 known or identified to me to be the O t( of Hayden Homes Idaho,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) OFFICIAL STAMP KIMBERLY DIANE GUTHRIE V irv,y-,:,�\q 0. C.t yung-ie NOTARY PUBLIC-OREGON Y Public Notary for n COMMISSION NO.987928 _ N1Y COMMiSSION EXPIRES A,MY 20,2023 Residing at: Qj?,--110 lc:Z, My Commission Expires: �.oAoa3 S TATE OF IDAHO ) ss County of Ada } On this23rd day of March 2021,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian,Idaho Commission expires: 3-2 8—2o22 DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 8 OF 8 Page 308 Item#13. 22. EFFECTIVE DATE OF AGREEMENT:This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: DEVELOPER: Hayden Homes Idaho,LLC Dennis Creek By: Its: CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 3-23-2021 Chris Johnson, City Clerk 3-23-2021 DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-0112) PAGE 7 OF 8 Page 309 Item#13. STATE OF IDAHO ) : ss: County of Ada ) On this r- day of 0 if ON , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared Dennis Creek known or identified to me to be person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for rAcl o KIAHNI FREEMAN Residing at: V`v j `�.- I n h n COMMISSION#20201674 NOTARY PUBLIC My Commission Expires: �C� -p 7�OZ V STATE OF IDAHO STATE OF IDAHO ) ss: County of Ada ) On this day of , 2021, before me, the undersigned, a Notary Public in and for said State, personally appeared , known or identified to me to be the of Hayden Homes Idaho,LLC,and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Residing at: My Commission Expires: S TATE OF IDAHO } ss County of Ada } On thisday of_ ,2021,before me,a Notary Public,personally appeared Robert E.Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public for Idaho Residing at: Commission expires: DEVELOPMENT AGREEMENT—TETHEROW CROSSING SUBDIVISION(H-2020-01 12) PAGE 8 OF 8 Page 310 Item#13. Exhibit A legal Description Proposed Annexation Tetherow Crossing Subdivision A parcel t ei'rg located in the SW'/a of the SW'/d of Section 36 Township 4 North Range 'i 'West, Boise Meridian City of Meridian.Ada County Idaho and more panic-o[arly described as foli•+-j5 Commenclnig at a grass Cap rnanument marking the southWest cornier of said Section 36, from oih chi a grass Gap monument marking that sotjtheeast corner of the SWN%of said Sectis i 36 gars S 58°43'02" E a distance of 2662 34 feet: Thence alorig tr,e sou'herly 1joundary of said SW'/4 S 83'43 02" E a distance of 665 63 feet to the POINT OF BEGINNING, Thence leaving sand Routheriy I-oundary N 0"17'23 E a distance o7 48 00 feet to a point on the noriberty right-of=Quay of W LJsl& Rood Thence continuing N U l7'23' E a distance of 787 24 feet to ,a paini; Thence N 89*51 54" E a distance of 274_59 feet to a point on the westerly boundary of Woodbum 1NEs1 5ubdiviocn No 2 as shown in Boni( I I I of Flats on Paues 16040 through 16044, record; of Ada CQunly Idaho Thence along said westerly boundary of Wmdbrtrn West Sulbdi,won No- 2 the following de5cri ed courses Thence S 14-45A2" E a distance of 356.68 feet ie a paint, Tt3Lncr-S 81'01'42" E a distance of t2$46 feet to a point: Thence leaving seid westerly boundary S 0'02'28"1!V a distance of 434.45 feet to a point on said northerly rigs t-of-way of W L15tI(-k Road, Tfience continuing S 0°'02'28" W a distance of 48 00 feel to a mint on the southerly boundary of t+ee SYU Y4 of the SW Y of said Section 36 Thence along said southe•ly boundary N MB'43 02"W a distance of A93 39 feet to the POINT OF BEGINNING Ths parcel contains M2 acres and is sal�ect to any eAsements o.,, L LA e'er existlr)g Gr ill use Ciinton W_ Hansen, PLS Land Svlutlons, PC Octacer 8, 2020 �� r 4�� '�� `�• 1� Tetherow Crossing Subdivision H-2020-011 Page 311 EXHIBIT A Item#13. Annexation Legal Description and Exhibit. CITY OF MERIDIAN ANNEXATION TETHEROW CROSSING SUBDIVISION 1/4 L0CATE0 IN THE SW 114 OF THE SW 114 OF SECTION 36,TAN-, R.1 W., B.M. 35- 36 CITY OF MERIDIAN, ADA COUNY, IDAHO I iti c'.r- x 7•� F py125,46]. O L L� o PROPOSED ANNEXATION Z i - - U2 ACRES v 4F S T � I 4 + V11. -� N O o a 11118 w POINT OF BEG04NING 6J' b 35 ?6 I e 65. _ t72 23� _ 1.331 4 35 .pg' 1 W. USPCK I , N88 43'02"W 493,39' w /160 S88'43b2"E 2fisT.34' . ....—•A'SIS 9E01W............. 4' 75' 1 ? 300" LA nd lotion - - --Isnd SumyiK end Cmaulting zm€.bIHSI.$'rE R kCMIAM HS 4JUd2 (z-s12W ZD40 12oEt 29t 25Si 1 : Tetherow Crossing Subdivision H-2020-0112 Page 312 EXHIBIT B Item#13. CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW (:�VEI�ty AND DECISION & ORDER In the Matter of the Request for Annexation of 7.58 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Forty-Six(46)Buildable Lots and Eight(8)Common Lots for Tetherow Crossing Subdivision,Tim Mokwa,Hayden Homes. Case No(s). H-2020-0112 For the City Council Hearing Date of: February 9, 2021 (Findings on February 23, 2021) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of February 9, 2021,incorporated by reference) 3. Application and Property Facts(see attached Staff Report for the hearing date of February 9, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of February 9, 2021, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) - I - Page 313 Item#13. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of February 9,2021, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation,zoning to R-8 and preliminary plat for 46 buildable lots is hereby approved per the conditions of approval in the Staff Report for the hearing date of February 9,2021,attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval(UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period. Additional time extensions up to two(2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -2- Page 314 Item#13. determined and approved by the City Council may be granted.With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of February 9, 2021 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -3- Page 315 Item#9. By action of the City Council at its regular meeting held on the 23rd day of February 2021 COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-23-2021 Attest: Chris Johnson 2-23-2021 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-23-2021 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(TETHEROW CROSSING—FILE H-2020-0112) -4- Page 181 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT 3 H HEARING 2/9/2021 Le gen o 0 DATE: TO: Mayor&City Council FROM: Alan Tiefenbach -21 208-884-5533 I i_ Bruce Freckleton,Development El Services Manager 208-887-2211RED L _� SUBJECT: AZ,PP H-2020-0112 Tetherow Crossing Subdivision k IElm WN LOCATION: The site is located northeast of N. Linder EEF Rd and W. Ustick RdFFFFP L PROJECT DESCRIPTION Annexation, zoning from Ada County RUT to R-8, and preliminary plat to allow 46 building lots and 8 common lots on 7.58 acres of land. II. SUMMARY OF REPORT A. Project Summary Description Details Acreage 7.58 Future Land Use Designation Medium Density Residential 8-12 du/acre Existing Land Use(s) Vacant Proposed Land Use(s) Single Family Residential Lots(#and type;bldg./common) 46 building lots,8 common lots Phasing Plan(#of phases) 1 phase Number of Residential Units(type 46 of units) Density(gross&net) 6.07 Open Space(acres,total 15.12%total, 13.46%qualified open space.This includes [%]/buffer/qualified) '/z of 5,134 sq. ft. of buffers. Amenities 33,457 sq. ft. open space with playground,trash,and pet station. Physical Features(waterways, A ditch parallels the property on the east perimeter. hazards,flood plain,hillside) Neighborhood meeting date;#of October 15,2020—4 attendees attendees: History(previous approvals) There was a previous proposal to annex and rezone to R-8 to allow 35 single family lots in 2006.This was Page 1 Page 317 Item#13. Description Details subsequently denied by the Council(AZ PP H-06-030). Significant reason was listed as"piecemeal development." At the present,City property has been annexed south,east, and west of the property. B. Community Metrics Description Details Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access(Arterial/Collectors/State Direct access from W.Ustick Rd. Hwy/Local)(Existing and Proposed) Traffic Level of Service Greater than E Stub Street/Interconnectivity/Cross 5 points of access—3 stubs,one southern connection to W. Access Ustick Rd and eastern connection to W.Woodpine St. Existing Road Network No existing internal streets,W.Woodpine St.to the east and W.Ustick Rd to the south are existing. Existing Arterial Sidewalks/ W.Ustick improved with 5 lanes,bike lanes,curb,gutter Buffers and 5-foot detached sidewalk. Proposed Road Improvements Applicant will construct all internal roads to 33' in width. Distance to nearest City Park(+ .5 mile to Settler's Park,a 60-acre Regional Park. size) Distance to other key services Fire Service • Distance to Fire Station 1.7 miles to Fire Station 2 • Fire Response Time <5 minutes • Resource Reliability 85% • Risk Identification 2,resources are adequate • Accessibility Yes • Special/resource needs Aerial device will be required • Water Supply 1,000 gpm required • Other Resources None Police Service—No Comments • Distance to Police Station 4 Miles Ada County Schools Impacted Schools Hunter ES— 1.6 Miles Sawtooth MS—.5 Miles Rocky Mountain HS— 1.6 Miles Capacity of Schools Hunter ES—675 Sawtooth MS— 1,000 Rocky Mountain HS— 1,800 #of Students Enrolled Hunter ES—504 Sawtooth MS—905 Rocky Mountain HS—2,412 Estimated#of students generated by development Hunter ES— 15 Sawtooth MS—8 Roc Mountain HS— 10 Page 2 Page 318 Item#13. Wastewater • Distance to Sewer N/A Services • Sewer Shed Five Mile Trunkshed • Estimated Project Sewer See application ERU's • WRRF Declining Balance 14 • Project Consistent with • Additional 88 gpd committed to model WW Master Plan/Facility • Piping coming in/out of SSMH#2 needs to have a Plan minimum angle of 90 degrees. • Since property to the north is not a phase of this project Road number 4 sewer line needs to end in a manhole at the northern end. Water • Distance to Water Services 0 • Pressure Zone 2 • Estimated Project Water See application ERU's • Water Quality No concerns • Project Consistent with Yes Water Master Plan • Impacts/Concerns Water connection to the west must line up with layout of Edington Commons Project Area Maps Future Land Use Map Aerial Map Legend Legend �I F }�o+Luca � �P�aj�+ct L�_:-_ • . . IX .a •c, l i De R Si entica�l Page 3 Page 319 Item#13. Zoning Map Planned Development Map Legend M F� Eio Legend - 5 F-oJec, Lcoa-Fon Y l F=o ec Loco'�ar+ R-4 — P-a.rre-d Far^e;s - RUT LIT R.1 S _ Effm 67C jjl-- ,ail a i { 17 �i s i - TN R RUT p ! ! R-8- z J [ a r � _ RU E2R= oaf Applicant Information A. Applicant Representative: Hayden Homes Idaho, LLC— 1406 N. Main St. Ste 114,Meridian, ID 83642 B. Owner: Dennis Creek—770 E. Clear Creek Dr,Meridian,ID 83646 III. NOTICING Planning&Zoning City Council Posting Date Posting Date Newspaper Notification 1/22/2021 Radius notification mailed to properties within 300 feet 1/19/2021 Nextdoor posting 1/19/2021 Sign Posting 1/25/2021 Page 4 Page 320 Item#13. IV. STAFF ANALYSIS A. Annexation: The proposed annexation area is contiguous to City annexed property and is within the Area of City Impact Boundary. To ensure the site develops as proposed by the applicant, staff is recommending a development agreement as part of the annexation approval. B. Future Land Use Map Designation(hops://www.meridiancity.org/compplan) This property is designated Medium Density Residential on the City's Future Land Use Map (FLUM)contained in the Comprehensive Plan. This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The annexation area is near existing public services and is surrounded on three sides by the City limits. The proposed land use of single family residential is consistent with the recommended uses in the FLUM designation. The proposed project has a gross density of 6.07 du/ac, meeting the required density range listed above. Therefore, Staff finds the proposed preliminary plat and requested R-8 zoning district to be generally consistent with the Future Land Use Map designation of Medium Density Residential. The City may require a development agreement(DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Section IX.A. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the annexation for approval by City Council and subsequent recordation. C. Comprehensive Plan Policies(hops://www.meridiancity.org/compplan): • Encourage a variety of housing types that meet the needs,preferences, and financial capabilities of Meridian's present and future residents. (2.01.02D) The proposed single-family detached homes will contribute to the variety of residential categories in the City; however, there is no variety in housing types proposed within the development. There are other housing types, multi family and attached single-family within the subject square mile. The FLUM recommends densities of between 3 and 8 dwelling units per acre. Given this density recommendation, likely any resulting housing would be single-family. • With new subdivision plats,require the design and construction of pathway connections, easy pedestrian and bicycle access to parks, safe routes to schools, and the incorporation of usable open space with quality amenities."(2.02.01A) The proposed plat depicts 5'sidewalks on both sides of all local roads. A 33,457 sq.ft. open space with playground and seating area is toward the center of the development. A 5'wide pathway connects from the primary internal north—south street(NW 13rh St) across this open space and connects to an existing pathway which runs along a ditch to the east. This pathway is shown to connect to a future pathway to the north of the property that provides access to Sawtooth Middle School. There is also a micro pathway across a common lot connecting to the vacant commercial property to the west. There are multi-modal routes proposed both to the development and within the development. Page 5 Page 321 Item#13. • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D) Attached sidewalks are proposed on both side of all streets. Sidewalks will be completed to the terminus of all stub streets which would connect to any future development.As mentioned, there is a walkway which connects to a pathway along the existing ditch pathway to the east, and another pathway which stubs to any future development to the west. "Permit new development only where it can be adequately served by critical public facilities and urban services at the time of final approval, and in accord with any adopted levels of service for public facilities and services."(3.03.03F) Water will be provided from a connection which is available at each end of W. Woodpine St. Water will be stubbed to the vacant parcel located to the southwest of the site. Sewer will be extended from an existing sewer stub located within the W. Woodpine St.and from an existing gravity sewer located in W. Ustick Rd. • Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction. (2.02.02F) To the northwest of the subject property is Edington Commons, a subdivision of 92 lots averaging 3,700 sq.ft and zoned R-1 S (single-family attached and detached)which was approved in November 2020. To the east of the property is the Woodburn West Subdivision, zoned R-8 with lot sizes in the 5,000—6,000 sq.ft. range. The property southwest of the subject property is zoned C-C(recommended for Mixed Use Community) and was proposed for townhouses in 2018 but was subsequently withdrawn. This development proposes architecture consisting of one-and two-story homes with pitched roofs, stone bases and/or lap siding with gabled roofs and dormers comparable to what has been approved with the Edington Commons Subdivision to the west. Staff believes the proposed average of lot size of 4,000 sq.ft. would provide an appropriate transition from the 6,000 sq.ft. lots to the east(Woodburn West), the 3,700 sq.ft. lots to the west(Edington Commons)and the property at the northeast corner of W. Ustick Rd. and W. Linder Rd which is recommended for Mixed Use Community(meaning higher density and commercial uses could be appropriate). In order to ensure compatibility and quality of design with existing and approved residential uses surrounding the property, staff recommends a condition that rear andlor sides of 2-story structures on Lots 15-22 of Block 3 and 2-3 of Block 4 that face W. Ustick Rd incorporate articulation through changes in two or more of the following:modulation (e.g.projections, recesses,step-backs,pop-outs), bays, banding,porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. • Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads,and promoting local and collector street connectivity. (6.01.02B) The proposal includes five points of access. Three of these are local stub streets, with two connections to existing streets-one of which is W. Ustick Rd, an arterial. An access from W. Ustick Rd to this property already exists via Llama Ln. This proposal would eliminate Llama Ln. and create a new public street, NW 12`h Dr which will align with existing NW 12`h Dr. on the opposite side of W. Ustick Rd. (to the south). ACHD supports this as the road alignment Page 6 Page 322 Item#13. would be better than what exists, and there would be slightly better intersection separation from the intersection off. Linder Rd. and W. Ustick Rd. (See Access, Section G below for more information). D. Existing Structures/Site Improvements: The property is presently vacant. E. Proposed Use Analysis: Single-family detached dwellings are listed as a principal permitted use in the R-8 zoning districts in UDC Table 11-2A-2. F. Dimensional Standards(UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district.All lots proposed meet the minimum 4,000 sq. ft. requirements,and future structures should comply with the minimum setbacks of the district. UDC 11-6C-3-regulates block lengths for residential subdivisions. Staff has reviewed the submitted plat for conformance with these regulations. The intent of this section of code is to ensure block lengths do not exceed 750 feet, although there is the allowance of an increase in block length to 1000 feet if a pedestrian connection is provided. The longest block length(Lots 2- 12,Block 3)is 440 feet. All proposed lots and public streets appear to meet UDC dimensional standards per the submitted preliminary plat. This includes property sizes,required street frontages of at least 40', and required road widths.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, common driveways and block face. One common driveway is proposed with this subdivision. The applicant has provided a common drive exhibit which demonstrates 3 units are served whereas a maximum of 6 units are allowed. The common driveway meets the minimum width of 20' and does not exceed the maximum length of 150'. Solid fencing adjacent to common driveways is prohibited,unless separated by a minimum five-foot wide landscaped buffer. The landscape plan does reflect a 5' wide buffer to the north separating the common driveway from a 4' high solid vinyl fence with 2' lattice top. North of this fence is an approximately 18' wide common lot containing a pathway to the west. G. Access(UDC 11-3A-3, 11-3H-4): This development proposes five points of access. Two points of access are to existing streets. There will be a connection to existing W.Woodpine St.which serves the Woodburn West Subdivision to the east,and there will be a connection to W. Ustick Rd(arterial)to the south. Access from W.Ustick Rd presently occurs via N. Llama Ln,which runs north-south. This proposal would eliminate N. Llama Ln. and construct a new north-south road slightly to the east which would align with existing NW 12'Dr. on the south side of W. Ustick Rd. Although the new access for NW 12'Dr. will not meet ACHD spacing requirements of 1,320 ft. from the N. Linder Rd./W. Ustick Rd. intersection,ACHD supports an exception from this policy. This is because the new road would align with an existing one, and the distance from the intersection is slightly more than what is existing. All internal roads in this development are proposed to be built to ACHD standards with 33-foot wide local street sections with curb, gutter, and 5-foot wide Page 7 Page 323 Item#13. concrete attached sidewalks.W. Ustick Road is already improved with 5-travel lanes,bike lanes, vertical curb,gutter,and 5-foot wide detached concrete sidewalk abutting the site. Three internal stubs are proposed. One stub is proposed to the north to unincorporated vacant property,one stub is proposed to the west to connect to W. Woodpine St. in Edington Commons (final plat approved Nov 4,2020), and a third stub is proposed to the east(existing single-family home and telecommunications equipment which will likely redevelop in the future). The preliminary plat reflects an access easement across to a northern property which is not part of this subdivision, and notes it is unknown whether or not this access easement is granted or recorded.As this northern property is essentially landlocked, as a condition of approval, staff recommends that prior to signature of the City Engineer on the final plat, a new temporary access easement be granted to this property until such time as W.Woodpine St. and N. Llama Way is constructed to the property and dedicated as public right-of-way. ACHD has reviewed this proposal,notes it will generate 434 vehicle trips per day, and supports it as proposed. ACHD requested a note to the plat prohibiting direct access to W. Ustick Rd,which has been added. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table 1I- 3C-6 for single-family detached dwellings based on the number of bedrooms per unit. Future development should comply with these standards. The preliminary plat reflects an additional 30 on-street parking spaces. These would not be used in the calculations for required parking. I. Pathways ( UDC 11-3A-8): Three micro-pathways are reflected on the landscape plan. A 110' micro-pathway is proposed from the internal road to the C-C zoned property to the west.,and there are two micro-pathways connecting from the central park amenity(Lot 1,Block 6)to an existing pathway along a ditch to the east. The ditch pathway is shown to connect to a future east-west regional pathway to the north. All proposed pathways meet UDC 11-3A-8 with at least 15' wide easements(or common lots), at least 5' of landscaping on either side, and one tree per 100 linear feet. Fencing along these micro-pathways is shown to be 4' solid vinyl with 2' lattice open top. J. Sidewalks(UDC 11-3A-17): Five-foot attached sidewalks are proposed along internal streets in accord with the standards listed in UDC 11-3A-17. K. Parkways (UDC 11-3A-17): No parkways are proposed with this development. L. Landscaping(UDC 11-3B): The landscape plan reflects 15.12%of total open space. This includes several small landscaped areas on either side of the N. Llama Way stub,25' buffer along W. Ustick Rd, several pathway common lots, a central open space, and landscaping at the northeast side of the property adjacent to the ditch. UDC 11-3B-7 requires street buffers with detached sidewalks to be measured from back of curb. As measured from back of curb,approximately 13' of the required 25' landscape buffer along W. Ustick Rd is located within ACHD right-of-way. Per UDC 11-3B-7-05,the applicant shall be Page 8 Page 324 Item#13. required to obtain a license agreement with ACHD prior to City Engineer signature on the final plat. There are existing trees that meet the requirements for preservation or mitigation,particularly in the vicinity of the ditch at the northeast portion of the property. The City Arborist has noted he has had preliminary discussions with the applicant regarding which trees should be preserved versus may be removed, although staff as of yet has not received a tree mitigation plan. This will be required with the final plat. M. Qualified Open Space (UDC 11-3G): 13.46%of qualified common open space is proposed. This includes a 33,457 sq. ft. central park feature(Lot 1,Block 6), '/z of the 25-foot-wide buffer along W. Ustick Rd., a 3,867 sq. ft.pet amenity and seating area(Lot 1,Block 3) and a 1,970 sq. ft.pathway common lot(Lot 13 Block 3). N. Qualified Site Amenities (UDC I1-3G): Based on the area of the proposed plat(7.58 acres),a minimum of one(1)qualified site amenity is required to be provided per the standards listed in UDC 11-3G-3. The applicant proposes a 33,457 sq. ft. central park with a playground and two pathway connections. This meets the requirement for a minimum of 50' x 100' to be credited as qualified open space, a recreation amenity(playground), and the additional 20,000 sq. ft. required to be credited as an additional amenity. The central park exceeds the minimum landscape requirements of one deciduous shade tree per eight thousand(8,000) square feet and lawn. It also contains two pathways that connect to an existing pathway along an existing ditch, and these two pathways are landscaped with at least 5' landscaping on either side and 1 tree per 100 linear feet. Because the pathways meet the landscaping requirements, are not required sidewalks and connect to existing pedestrian and bicycle routes outside of the development(pathway along the ditch),these pathways would be also be considered an amenity. The proposal exceeds the requirements of UDC 11-3G-3 and is a located in an appropriate location taking advantage of being central to the development and adjacent to an existing ditch and pathway. O. Waterways(UDC A ditch is adjacent to the property at the NE. This ditch will need to be piped per UDC 11-3A-6. P. Fencing(UDC 11-3A-6, 11-3A-7): The landscape plan reflects existing fencing along the northwestern perimeter of the property. New 6' solid vinyl fencing is proposed along most of the remaining perimeter of the property. 6' vinyl lattice top fencing is proposed along both sides of pathway Common Lot 13,Block 3,most of the periphery of Central Park Lot 1,Block 6 except for the eastern portion adjacent to the ditch, and Common Lot 1, Block 3 (the dog station). The fencing appears to meet the requirements of 11-3A-6 and 11-3A-7. Q. Utilities (UDC 11-3A-21): Water is available from W.Woodpine St. Sewer is available from W. Woodpine St. and from a main in W.Ustick Rd. Water and sewer will be stubbed to the vacant property located to the southwest. Pressure irrigation will serve all lots. The system will be owned and operated by the homeowner's association. Surface water is delivered to the site at the southeast corner of the property along W. Ustick Rd. Page 9 Page 325 Item#13. R. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant has submitted sample elevations of the single-family homes for this project(see Section VI.F below). The single-family homes are depicted as two-story structures with two-car garages, and a variety of architectural elements and finish materials including gabled roofs,dormers, stone wainscoting, lap siding, exposed timber, and scalloped wood shingles. The submitted sample elevations appear to meet design requirements for single-family homes but do not include elevations of the sides or rears of structures. As noted in the Comprehensive Plan section, some of the houses will be very visible from W. Ustick Rd. Therefore, staff recommends a condition that the rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and 2-3 of Block 4 that face W. Ustick Rd. incorporate articulation through changes in two or more of the following: modulation(e.g. projections,recesses, step- backs,pop-outs),bays,banding,porches,balconies,material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. V. DECISION A. Staff: Staff recommends approval of the requested annexation, zoning and preliminary plat with the conditions noted in Section VII.per the Findings in Section VIII. B. The Meridian Planning&Zoning Commission heard this item on January 7, 2021.At the public hearing.the Commission moved to approve the subject annexation and preliminarynlat request. 1. Summary of the Commission public hearing_: a. In favor: Tim Mokwa,Ross Erickson b. In opposition:None C. Commenting: Tim Mokwa. d. Written testimony: None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: Bill Parsons 2. Key issue(s)of public testimony: a. Citizen identified himself as Rick Wagner.the owner of the property directly to the east of the subject property. Expressed concern regarding potential obstructions to the ditch along E. Ustick that he uses for flood irrigation, and the road that is proposed to stub at his property. Requested applicant construct a barrier along the property_ line, such as a fence. 3. Key issue(s)of discussion by Commission: Page 10 Page 326 Item#13. a. The Commission inquired into whether the proposed open space in Lot 1,Block 6 adjacent to the ditch backed directly to existing single family residences, and whether open style fences would be used in this area to preserve visibility. b. The Commission had significant discussion regarding whether access should be provided to the commercial lot at the west and their concerns that if access was not provided, it would further limit commercial viability for this lot. 4. Commission change(s)to Staff recommendation: a. Delete condition lc regarding the temporary easement. as this easement has already been recorded. b. Add a requirement to the development agreement requiring Lots 2-5 of Block 2 to be limited to one-story. C. Add a requirement to the development agreement that 6' vinyl fencing shall be installed alone the perimeter of the property from the common area to the north, and the common area to the south to W. Ustick Rd. 5. Outstanding issues for Council: a. The Commission recommended for the Council to discuss cross-access to the commercial property to the west as it had been a significant issue of concern for them. Following the Planning Commission meeting,the applicant scheduled a meeting with ACHD to discuss this issue. ACHD submitted written correspondence that they did not support this connection. That correspondence has been included in the agency comments section below. C. The Meridian City Council heard these items on February 9,2021.At the public hearing.the Council moved to approve the subject annexation,zoning and preliminary plat requests. 1. Summary of the City Council public hearing: a. In favor: Tim Mokwa Ross Erickson b. In opposition: None C. Commenting: Tim Mokwa d. Written testimony:None e. Staff presenting application: Alan Tiefenbach f. Other Staff commenting on application: None 2. Key issue(s)of public testimony:None 3. Key issue(s)of discussion by City Council: a. Council discussed potential connections to the western property and why ACHD would not allow a connection through that property when they allowed a connection through Edington Commons. 4 City Council change(s)to Commission recommendation: None Page 11 Page 327 Item#13. VI. EXHIBITS A. Preliminary Plat(date: 11/9/2020) I II ti5 5 �a.rh 32, r11. I Rvr I Ire YA MIr�Irr+JeeII,Y�v7eIS.7r -i._ w16lpl�a.r�rsrs,i,�. I "a L - -I - I - - - t. a •.� �� +III �111�4 R-16 PI� I I -- F-- I 31 � � I Y �'I'I I4� I L*• '—+,�s EL tiq r I � - - �� I - -- ir 1 I II 11 1 r l ' I I pl E F I T T DOG Y WkI Aov GI Ar ro—ol Page 12 Page 328 Item#13. B. Landscape Plan(date: 11/9/2020) t ' I I 'I IIIII I I I II II �•"� M1.�,•�� ...:!I. I II II sx� I I III II II I _ __ _ _ - - • * I I Ih I I I F IIIII II � •. � I-�'lll 'I �,•�'� - I'IYYI I _ 1'YI 6 — - -- 1 I � ,1' I I I'.� •� '4 I°I IIII IIII I '7 ri• T I I IIII 11 I 1 II t �T,+'�J C�+�� ' �`� S -3 ;• I IIII I I I I II '�L FATr� I ' •'• IIII. I I I I ;s +e-��r�c�i;' ''• - ' IIIII I III I I I� f'•, IY I I IIIII I I IIU I I IIII I I• I I•III II r•-I 'ti.a:.�F-. _ }. �ti•' I -IIII 1 I �-:.F � _ ti.{t•.S7L''4 '' I11 III 4111-- 171 4.. .',f°?'v' 'I •IIII IIII c 1-3 rd-MTae I rT T 1 t ' -I - --- 9 5 ,_. 11 fix•. I` __ I - I I p s I I I F-H-IFL IIF; I.T !tea .I�` I �11�_1 i += # Iril 1, 'TrF IN r.rIJ4 _ III 11I II' I III I Tv _I�] ll Ir] IE-3 Ph, I xx-F I } I I III II I JIy ' I �I H II .`.IY'..I IIII I L1`•g6S`./5PC IIII I I a 11 Lll IFI I rl' -r1I I I'F I'1' TYF.S i .+ � :�—: .. l ..-• -'T. � S:r S.S.Q. � � Y •�' F !..13 d Page 13 Page 329 Item#13. C. Color Landscape Plan(date: 11/9/2020) i. _ 1 N}J_,IF1f, TAITY7Ff: ��'_ - nax exr+-� a_� � ..a I ,-a I -a .•.�#�'�� trL ul�mcx ram. u. I 'y DVMHGM AMA - � r Tdr?L rLFEOl.�Tom+. IINI 6LA65 I fh-dM5 PictOLaL r I I a-c Ephil b YREES W TQTt `I } L - P�55N f8 axwTC i 1�5 1 545y • .._ - _ �+ .-� IL 7••1 .: 117 TLt.APPA TO ge I ` ,� #ti-Vigil.I.f'TT4GE J S =_�rrx Pw F9i£AD T Tt7 FOR MMUL TO" • I r aft 1 _ PAT'W1+LY TF7 -PRYM 3-3 r'RYM°T9f''R.T-6-rmt i , F GlSCNCis. - GLIJ5''M `ti• r-4 M I 4-5 1 FI N1 , I f �=' I T-7 I II-E 1 T�+P,I 13_j 1 ' Imo} IFe IF-} I In-.5 I li.-] I I JIM } i o _— Page 14 Page 330 Item#13. D. Open Space Exhibit(date: 11/6/2020) TETHEROW CROSSING SUBDIVISION F-1 QUALIFIED OPEN SPACE(11 3C,3-B A) QUALIFIED OPEN SPACE(11-3&3-B.1 A;—1 (5UXl W AND PLAYGROUND AMENITY) F-1 OUALIFIED OPEN SPACE MICRO-PATHWAY(11-3G-3-1) F—] OUALIFIED OPEN.SPACE E.ATI NG, PET STATION AMEN ITY(11-3G NON-01JAUFIED OPEN SPACE F-1 r -,--r-.lMGN-S Ea DWIEWAY F7BUILDING LOT _ � B EjGHT�I WAY COMMON km&RuffEF* QUALIFIED QLIAUFIED ACTUAL OPEN OPEN AREA $PACE SPACE (5F) CkENT I EA(SN MA.LF OF 25-FOOT W.USTICK R'G.BUFFER(11-3G•3,&.41 5,1m 10D.1/o- 5,134 PLAYG ROUND&OPEN SPACE LIST 1-5[50'M 200'MIN,. 33,457 1D7y6 32,457 OPE N SPACE BENCM E5r TRA$1d,,PU STATI ON-LOT 1-3 S,267 10 6 3,967 MICRO-PATNWAYSLOT 13-S 11970 1o19€. 1,970, OPEN SPACE-OTHER NON QUALIFIED' 3.07 CPA SHARED DRIVEWAYS 2,409 01A TOTAL C)P N SPAtF A%a94 $P 44,429L SF QUAVIED-OPENSPACE PWVIDED-, A429 13�46�6 TOTALCIPEN SPACE PROVI€1ED7 49,894 5: r 15-12V Page 15 Page 331 Item#13. E. Common Driveway Exhibit(date: 11/6/2020) i IA71 'F- 0.)NC.RFTF TRASH-lAn 5�.. 4'. a ^ 4•'iTr4 CONCRETE Sh[ARE DRIVEWAY, M Ll FROKT FROST I I I I--9UILCINGSETBACKS I I I ` SETBACKS L: a :Irar; €*� •.�: I 10-F I I 17 F I — s — I I I • ' I I I � +J0 5.[C' I I :s,g ' S,00 5AO' I I I FENCE(TYP,) I I I I rQ _t F Page 16 Page 332 Item#13. F. Building Elevations am I� I w•�:i Page 17 Page 333 Item#13. G. Annexation Legal Description and Exhibit. CITY OF MERIDIAN ANNEXATION TETHEROW CROSSINGUBDI VISI N 1/4 LOCATED IN THE SW 114 OF THE SW 114 OF SECTION 36,TAN-, R.1W.. B.M. 35 3s kTY OF MERIMAN, ADA COUNY, IDAHD I I N89'S1'S4°f 74.55' , S�- I 725.4g. S8r'01'42-E I s � PROPOSED ANNEXATION 8.12 ACRES L L14�1fp S S T 11118 { 106 2 or W. POINT OF c BEMING — I ;723' 1331 2 1 W. tJS'PCK RD, N88'4��02 493,39' w t/1 - I S88'43'02"E 26s?.34'"kSIS OF FEARING Land ofution Surveying and Consulting Z37E 5-1HSI VE A NICpIUIWI U d'JGe� �.kmcmaluj�be {�07!F.��M6 I'?Iltli 39b2}}!lax Page 18 Page 334 Item#13. Legal Description Proposed Annexation Tetherow Crossing Subdivision A parcel being located in the SV4''f of the SW', al S Ec',ian 36 Township 4 North, Range 'i West, Boise Meridian Civj of Merl ian, Ada County. Idaho and more particularly d4'cdbed as!'allows. Commencing at a Brass Cap rnonurnent marking the south west earner of said Section,36, from whrch a Brass Cap montiment marking the soutr,east currie-r of the SW yl of 5ald Soalon 36 tiear5 S 198"43'€12" E a distance of 2662.3+4 feet: Thence along the southerly ttouridary of said SW 1/4 S 88'43M" E a di3tanc& of 665 6 feet to the POINT 4F BEGINNING, Thence leaving said southerly boundary N 0172Y E a distance c1i46.00 feet to a paint art the northerly rigHL-of-way of W. Ustick Road- Thence continuing N U"d 7'23" E a distarce of 787 24 Beet to a poini, Thence N 89`51'5+4" E a distance of 274.59 feet to a point on the westerly boundary of Woo<jburn West Subdivision No. 2 as shown 0 Boots t 1 i of Plats on Pages 16040 through 16044, record$ rsf Ada Cocinty Idah u Thence along said westerly bcunoan) of Woodrum Was[ Subdivision No. 2 the following desrn bed warse5 Thence S 14'45A2" E a distance of 356,68 feat to a Pant, Thence S 8t°01'42" E a distance of t25 46 fast to a p4Fni; Ttlence leaving said wesferty boundary S i}"02'28"VV a distance of 43A.45 feet to a point on sate rtorthiarly right-of-Way of W Ustick Road. Thence continuing S C"02'28" W a distance ct 48 00 ieet to a paint on the sokfi7erly boundary of the S'VV%V of Me SW X of said.Suction 36- Thence along said southerly boundary N BB`43'02"W a distance of 493.39 feet to the POINT OF BEGINNING. This parcel contains B-12 acres and is sijbfect to arty eAsements kp,L LA Na' existing oT in i�se. �5 7€� � 0irf(on W. Hansen, PLS Land Soluttans, PC 10 Cie Octooer 6, 2020 X. �'6: Page 19 Page 335 Item#13. VII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian,the property owner(s) at the time of annexation ordinance adoption,and the developer. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plat, landscape plan and conceptual building elevations for the single-family dwellings included in Section VI and the provisions contained herein. b. The rear and/or sides of 2-story structures on Lots 15-22 of Block 3 and Lots 2- 3 of Block 4 that face W. Ustick Rd. shall incorporate articulation through changes in two or more of the following: modulation(e.g.projections,recesses, step-backs,pop-outs),bays,banding,porches,balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines. Single-story structures are exempt from this requirement. Planning approval will be required at time of building permit. pfopefty to the fiefth. Said easement shall exist w4i! sueh time as W. Weedpi-ne, St. —mid- d. Lots 2-5,Block 2 shall be limited to one story in height. e. A 6' tall privacy fence shall be constructed along the eastern property boundary, except for areas along common open space that must have visibility per the fencing requirements of UDC 11-3A-7. L That City Council to consider cross-access to the commercial property to the west as it was a large concern for the Planning and Zoning Commission. 2. The Preliminary Plat included in Section VI, dated 11/9/20, is approved as submitted. 3. With final plat submittal,the Landscape Plan included in Section V1, dated 11/9//20, shall be revised to reflect a tree preservation and mitigation plan that is approved by the City Arborist as required per UDC 11-3B-10. 4. The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B, as applicable. 5. The applicant shall comply with all provisions of 11-3A-3 with regard to access to streets. 6. The applicant shall comply with the sidewalk and parkway standards as set forth in UDC 1I- 3A-17. Page 20 Page 336 Item#13. 7. The development shall comply with standards and installation for landscaping as set forth in UDC 11-3B-5 and maintenance thereof as set forth in UDC 11-313-13. 8. The ditch to the east shall comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses,as set forth in UDC 11-3A-6. 9. Pathway and adjoining fencings and landscaping shall be constructed consistent with the standards as set forth in UDC 11-3A-7A7, 11-3A-8 and 11-3B-12C. 10. The development shall comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, easements,blocks, street buffers, and mailbox placement. 11. 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. 12. The Applicant shall have a maximum of two (2)years to obtain City Engineer's signature on a final plat in accord with UDC 11-6B-7. 13. The Applicant shall comply with all conditions of ACHD. B. PUBLIC WORKS DEPARTMENT Site Specific Conditions of Approval 1. Additional 88 gpd committed to model. 2. Piping coming in/out of SSMH#2 needs to have a minimum angle of 90 degrees. 3. Since property to the north is not a phase of this project Road number 4 sewer line needs to end in a manhole at the northern end. 4. Water connection to the west must line up with layout of Edington Commons 5. The geotechnical investigative report prepared by GeoTek,Inc. indicate some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations to help ensure that groundwater does not become a problem within crawlspaces of homes. As noted in the Geotechnical Engineering Report, groundwater was encountered in all of the excavated test pits,ranging from 4.8' to 6.9' below ground surface. Particular attention needs to be focused on ensuring that all residences constructed with crawl spaces should be designed in a manner that will inhibit water in crawl spaces. This may include the installation of foundation drains, and the installation of rain gutters and roof drains that will carry storm water at least 10-feet away from all residences. Foundation drains are not allowed to drain into the sanitary sewer system, nor the trench backfill for the sewer and/or water service lines. General Conditions of Approval 6. Applicant shall coordinate water and sewer main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet,if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. Page 21 Page 337 Item#13. 7. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 8. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms.The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A) and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review.Both exhibits must be sealed,signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to development plan approval. 9. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 10. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 11. All irrigation ditches,canals,laterals, or drains, exclusive of natural waterways, intersecting,crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 12. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B.Whitney at(208)334-2190. 13. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 14. Street signs are to be in place,sanitary sewer and water system shall be approved and activated,road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 15. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping,amenities, etc.,prior to signature on the final plat. 16. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer,an owner may post a Page 22 Page 338 Item#13. performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 17. Applicant shall be required to pay Public Works development plan review,and construction inspection fees,as determined during the plan review process,prior to the issuance of a plan approval letter. 18. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 19. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 20. Developer shall coordinate mailbox locations with the Meridian Post Office. 21. All grading of the site shall be performed in conformance with MCC 11-12-3H. 22. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 23. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 24. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD.The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 25. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 26. A street light plan will need to be included in the civil construction plans.Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 27. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond.Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 28. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years.This surety will be verified by a line item cost estimate provided by the owner to the City.The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond.Applicant must file an application for Page 23 Page 339 Item#13. surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. MERIDIAN FIRE DEPARTMENT https://weblink.meridianciU.org/WebLinkIDocView.aspx?id=217408&dbid=0&repo=MeridianC Ly D. COMMUNITY DEVELOPMENT SCHOOLS REPORT https:11weblink.meridianciU.org/WebLink/Doc View.aspx?id=218948&dbid=0&r0o=MeridianC i &cr=1 E. ADA COUNTY DEVELOPMENT SERVICES https://weblink.meridianciU.or lWebLinkIDocView.aspx?id=217397&dbid=0&repo=MeridianC F. ADA COUNTY HIGHWAY DISTRICT (ACHD) https:Ilweblink.meridiancity.org/WebLink/Doc View.aspx?id=218091&dbid=0&repo=MeridianC hty G. ACHD COMMENTS ON SHARED ACCESS https://weblink.meridiancity.org/WebLink/DocView.aspx?id=219871&dbid=0&repo=MeridianCi ty H. WEST ADA SCHOOL DISTRICT https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=218390&dbid=0&repo=MeridianC dy I. SETTLERS IRRIGATION https://weblink.meridiancity.org/WebLinkIDocView.aspx?id=217508&dbid=0&repo=MeridianC iv J. NAMPA MERIDIAN IRRIGATION DISTRICT hyps:11weblink.meridiancity.org/WebLink/Doc View.aspx?id=218520&dbid=0&repo=Meridian C iv VIII. FINDINGS A. ANNEXATION AND/OR REZONE (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application. In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds annexation of the subject site with an R-8 zoning designation is consistent with the Comprehensive Plan MDR FL UM designation for this property, if the Applicant complies with the provisions in Section VII. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Page 24 Page 340 Item#13. Council finds the lot sizes and layout proposed will be consistent with the purpose statement of the residential districts in that housing opportunities will be provided consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning map amendment should not be detrimental to the public health, safety, or welfare. Council considered any oral or written testimony that may have been provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation(as applicable)is in the best interest of city Council finds the proposed annexation is in the best interest of the City if the property is developed in accord with the provisions in Section VII. B. PRELIMINARY PLAT(UDC 11-611-6) In consideration of a preliminary plat,combined preliminary and final plat, or short plat,the decision-making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VII. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City's CIP. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council finds the proposed development will not be detrimental to the public health, safety or general welfare. Page 25 Page 341 Item#13. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The applicant will be required to submit a tree mitigation plan that is approved by the City Arborist prior to final plat. Otherwise, Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 26 Page 342