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Messina Meadows Subdivision AZ 05-017 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 02102106 01:57 PM DEPUTY Palli Thompson RECORDED-REQUEST Of Ci IV of Meri di an AMOUNT .00 55 1111111111111111111111111111111111111 106017065 DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. 4. City of Meridian Harold Long & Teressa K. Long, Owners Lynn B. Asay & Suzanne W. Asay, Owners Tuscany Development, Inc., Developer THIS DEVELOPNlifrIT AGREEMENT (this "Agreement"), is made and entered into this ,;rrtn day of ,2006, by and between City of Meridian, a municipal corporation of the State ofIdaho, her after called "CITY', and Harold & Teressa K. Long, and Lynn B. Asay & Suzanne W. Asay, hereinafter called "OWNERS" and Tuscany Development, Inc., hereinafter called "DEVELOPER". 1. RECIT ALS: 1.1 WHEREAS, "OWNERS" are the sole owners, in law and/or equity, of certain tract ofland in the County of Ada, State ofIdaho, described in Exhibit A for each owner, 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, I.C. 9 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or pennit as a condition of re-zoning that the "Owner" 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 Ordinance 11-15-12 and 11-16-4 A, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "Owners" have submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has requested a designation of R-8 Medium Density Residential, (Municipal Code of the City ofMelidian); and 1.5 WHEREAS, "Owners" made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 1 OF 14 1.6 WHEREAS, record of the proceedings for the requested annexation and zoning designation of the subject "Property" held before the Planning & Zoning Commission, and subsequently before the City Council, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 1 ih day of July, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the "Findings"); and 1.8 WHEREAS, the Findings require the "Owners and Developer" to enter into a development agreement before the City Council takes final action on mmexation and zoning designation; and 1.9 "OWNER" deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1.10 WHEREAS, "City" requires the "Owners and 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 tenus and conditions of this development 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 jUlisdiction and from affected propeliy owners and to ensure re- zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6,2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 2 OF 14 3. DEFINITIONS: For all purposes of this Agreement the following words, tenus, 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 ofIdaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNER": means and refers to Harold R. Long and Teressa K. Long, husband and wife, whose address is 2636 E. Amity Road, Meridian, Idaho 83642, Lynn B. Asay mId Suzanne W. Asay, husband and wife, whose address is 4651 S. Asay Lane, Meridian, Idaho 83642, the parties developing said "Property" and shall include any subsequent developer(s) ofthe "Property". 3.3 "DEVELOPER": means and refers to Tuscany Development, Inc., whose address is PO Box 344, Meridian, Idaho 83642, the party developing said "Propeliy" and shall include any subsequent developer(s) of the "Prope11y". 3.4 "PROPERTY"; means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-8 (Medium Density) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Melidian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of either a conditional use permit or a planned development application shall be submitted to the City of Meridian prior to a future development in the R-8 zone, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 05-017 application. DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 3 OF 14 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Developer"has submitted to "City" an application for conditional use penuit site plan dated April 4, 2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the "Propeliy" that require a conditional use penuit. 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the developer will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells maybe used for non-domestic purposes such as landscape ilTigation. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, propeliy or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 3. That development of Phases 1 and 4 located within a floodplain shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundalies presented with this application are not approved by FEMA, the developer shall have two options: 1) remove any lots within the FEMA-approved floodplain boundaries or 2) resubmit for preliminary plat approval of Phases 1 and 4. 4. The developer shall construct multi-use pathways as required by the Comprehensive Plan and presented on the preliminmy plat dated DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 4 OF 14 March 14, 2005. The future crossings of Ten Mile Creek and Ridenbaugh Canal may be accomplished through bridges (Davinci Way stub street) connecting future development with Tuscany Lakes and Messina Hills Subdivision. 5. PARK - Pursuant to the direction of the City Council, the applicant met with the Parks and Recreation Commission regarding the possible dedication of Lot 21 Block 1 to the City for a public park. Despite a positive recommendation from the Parks and Recreation Commission, the City Council has not taken action to approve the City's acceptance of Lot 21 Block 1 as a public park. Accordingly, the applicant may proceed to submit the final plat which shall depict Lot 21 Block 1 as open spacelcommon area to be owned and maintained by the homeowner's association. In the event that applicant and City reach agreement at some time in the future regarding dedication of Lot 21 Block I as a publicly owned and maintained park, the dedication can be accomplished by a separate written agreement and amended final plat. 6. S. BURGO AVENUE - The developer shall cOlmect, as a public street, the S. Burgo Way stub street in Messina Village Subdivision No.2, with the proposed S. Burgo Avenue through the subject property. The applicant shall coordinate with the United States Bureau of Reclamation and the Ada County Highway Distlict on the extension of said public street connection and crossing of Parcel No. S1129142220. 7. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the "Owner" or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, mld after the "City" has complied with the notice and hearing procedures as outlined in Idaho Code 967-6509, or any subsequent amendments or recodifications thereof. 8. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: "Owner/Developer" consents upon default to the reversal of the zoning designation of the "Property" subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 05-0 17 MESSINA MEADOWS SUBDIVISION) PAGE 5 OF 14 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner" and if the "Owner" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owners/Developer" shall, immediately upon completion of any pOltion 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 wlitten approval of such completed improvements or portion thereof in accordance with the tenus and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 . In the event "Owners/Developer", "Owners/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring a11 interest in the "Property", fail to faithfully comply with all of the tenus and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or tenuinated by the "City" upon compliance with the requirements of the Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owners" of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of "City" or apply to any subsequent breach of any such or other covenants and conditions. 11. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Owner's" cost, and submit proof of such recording to "Owners", prior to the third reading of the Meridian Zoning Ordinance in cOlmection 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. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the "Property" as specified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "Owners", or by any successor or successors in title or by the DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 6 OF]4 assigns ofthe parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific perfonuance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the pmiies agree that "City" and <<Owner" shall have thirty (30) days after delivery of notice of said breach to COlrect the same prior to the non-breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cmIDot with diligence be cured within such thirty (30) day period, if the defaulting pmiy shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing ofthe same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owners" or "City" is delayed for causes which are beyond the reasonable control of the pmiy responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfonnance shall be extended by the amount of time of such delay. 14. SURETY OF PERFORMANCE: The "City" may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code f12-S-3, to insure that installation of the improvements, which the "Owners" agrees to provide, if required by the "City". 15. CERTIFICATE OF OCCUPANCY: The "Owners" agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owners" have entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 16. ABIDE BY ALL CITY ORDINANCES: That "Owners" agree to abide by all ordinances of the City of Meridian and the "Property" shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridia11. DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 7 OF 14 17. 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 celiified mail, postage prepaid, return receipt requested, addressed as follows: CITY: DEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian,ID 83642 Tuscany Development PO Box 344 Meridian,ID 83680 with copy to: City Clerk City of Melidian 33 E. Idaho Avenue Meridian,ID 83642 OWNERS: Lynn B. Asayand Suzanne W. Asay 4651 South Asay Lane Meridian, Idaho 83642 Harold R. Long and Teressa K. Long 2636 East Amity Road Meridian, Idaho 83642 17.1 A pmiy 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. 18. 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 detennined by a COUli of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture ofthis Agreement. 19. TIME IS OF THE ESSENCE: The pmiies hereto acknowledge and agree that time is strictly of the essence with respect to each and every tenu, condition and DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 8 OF 14 provision hereof, and that the failure to timelyperfonn any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perfonu. 20. 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" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written.request of "Owner", to execute appropriate and recordable evidence of tenuination ofthis Agreement if"City", in its sole and reasonable discretion, had determined that "Owner" has fully perfonued its obligations under this Agreement. 21. 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. 22. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Owner" 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 "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shan 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". 22.1 No condition governing the uses and/or conditions governing re-zoning ofthe 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. 23. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning DEVELOPMENT AGREEMENT <AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 9 OF 14 Ordinance in connection with the alU1exation and zoning ofthe "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 10 OF 14 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the paIiies have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: OWNERS: ~~~ ~ &~ Lynn B. .. say ~I(~ Harold R. Long a~~? Te essa K. Long CITY OF MERIDIAN I-il-Pb PAGE 11 OF 14 STATE OF IDAHO, ) ss: County of Ada, ) On this 81!.."day of , 2006, before me, the undersigned, a Notary Public in and for said State, personaU ppeared GREG JOHNSON, known or identified to me to be the President of Tuscany Development, the corporation that executed this agreement and the person who executed the agreement on behalf of said corporation, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day ~t1d.~!"'~ this certificate first above written. if. Sc ## ,\ ".... 0 ',+ " .. ~ ~ y -" ~ <!.~. .......5".~~ //.... ~ ~., . .. ""(' ~ (Si~~...~OTAl?~.\ \ f7rls;f;y SCrlJI tL ~ ; .-.- : :: Notary Public for Idaho '<:" .. I~ . c. : . . " 4 . J - J. \. l.P \"" tJ B L \ ....",. I Resldmg a:: ~~~n f,., J r~ ...../:t i;.,..u..... ~~~....~ My COlmmSSlOl1 xpIres: 11/ ;1..9/ t J STAm.~mA,1t~..,) ( , "irUiH;' : ss COUNTY OF ADA ) On this ;)lth day of Jet ns ' in the year 2006, before me, a Notmy Public, personally appeared LYNN B. A Y known or Identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. ,...t"lI u.....~ !it'" :1 '1 S Co ....,#4'#. !t>.f ~S .......... t/:~ #<\ (SINfiJa... "-'O,..'.:: " I : ~OTAl? t; \ \ .... ~ .. . - . 0 . -: . "'0.". . . . . : .. · pC. .. \ ~ UB L\ l $ " <f> .. ..,..... ~ ~ ~ ... .. ~~'V ~ ""'''' ~ l' ....... ~ ~y ,to ####~ li 0 F rp ..,........ ~.......... , rl.~_~ DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 12 OF 14 STATE OF IDAHO ) : ss COUNTY OF ADA ) On this :; 7t+> dayof \ 7dnl,{aAf:f ' in the year 2006, before me, a Notary Public, personally appeared SUZANNE . ASA Y known or identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. r""'~ WITNESS WHEREOF, I have hereunto set my hand and affixed my Offic!$~~~i thG:'~Y a,pd year in this certificate first above wlitten. !"~~&"Gc"*"~:<''''',~~ "\ 1-/ . et 0 VI!/ s l ~OTA;('J" t ~ nns u CO ($At) -a"",. : E Notary Pu lC forIdaho \ \. PUBL\(,! j Residingat:~on ~I ~ \ IF,)> ...... .......:~O l Commission expIres: tI/ a-q> II ~,,"1)> ......... ~y ...... , ( """ li 0 F \\) ~....... STATE 'C?'{49Rtlb ) : ss COUNTY OF ADA ) On this 6l1fh day of \1iIUl~ ' in the year 2006, before me, aN otary Pub lic, personally appeared HAROLD . LONG known or identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this ceIiificate first above written. ..~t~~~ ~ ~r.!>t~t,,; ........ SiY Seo "'~.. ....~j<J;..\. ....G~O"".." v~...... $ .~ ~DO ()~o -i..(" \ (SELiL) ..... \,\OTAi?t \(" ~ :-: r\: : : ....... : : : . : = 'S. ~ POBL\C ". :: 0:. <Jl: .... .. $ .':0 ~ e. .. 0 '" .... "1)> .............. ~ .... '........."l! Op n) ~............ """U""~"" I$u's{(fc S~iJll/ Notary PUO IC for Idaho ~ Residing at: Can. V on t3 I IdctJu; Commission expir~s: ,,/ -;,..4/11 , f DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE ]3 OF 14 STATE OF IDAHO ) : ss COUNTY OF ADA ) On this a 7th day of JttfUL~ ' in tile year 2006, before me, a Notary Public, personally appeared TERESSA K.. ONG known or identified to me to be the person who executed the instrument and acknowledged to me that he have executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my 11{~~~4}J,~ year in this certificate first above written. /';-s 6"HC.,,,~ v/; ~";. "*', ""c: ~ "- ~.. ~ ~ ( ~OTAp' t" ~ ~ '\ -l'.>l' \ = (SElL) /J -.- C : ! '\ .^~" UBL\ l i '" vr~..,,~ :)<>,... ~ 'f.. r' o. :sS .. v ~ '\ "I}> "..UG8 "'!'I>':- "Q"J;12 OF \"0 ~:,i'" 444..nul~~~ J'eoiJ/?{ Notary Pu ic for Idaho Residing at: ~on C:<i.:t I Xda1t.6 Commission expires: , II ~ Cf (If STATE OF IDAHO ) : ss County of Ada ) On this .~ I $1-" day of ,TeLn \1 ('l1 ~ ,2006, before me, a Notary Public, personally appeared Tannny de Weerd and Williat G. Berg, Jr., know or Identified to me to be the Mayor and Clerk, respectively, of the City of MeIidian, 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 ceIiificate first above written. ..~;;A..M..... ; ..~~::;-~...:f).t?. ./\., l l.. I/'~O ~~~~f~.~ \_ JU !lea n~ .~~llfvV (SEAL)" : \Z: Notary Public f?r Idaho ~ \ ; ; Residing at: en \ d U1l J lD " ) L,' f " /7"f / .e. Commission expires: \(j -jl-I } . LIe ~~n ,,* -~ :\\~.'" <0>0 ");".6 tr 1\1 11II II D DEVELOPMENT AGREEMENT (AZ 05-017 MESSINA MEADOWS SUBDIVISION) PAGE 14 OF ]4 REVISED DESCRIPTION CITY OF MERIDIAN ANNEXATION MESSINA MEADOWS SUBDIVISION January 13, 2006 A PARCEL OF LAND LOCATED IN THE S 1/2 AND THE NE 1/4 OF SECTION 29, TOWNSHIP 3 NORTH, RANGE 1 EAST OF THE BOISE MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER THE SE 1/4 OF SECTION 29, T.3N., R.1 E., 8.M., THENCE N 89037'43ilW 25.00 FEET ALONG THE NORTH LINE OF SAID SE 1/4 TO A POINT ON THE WESTERLY RIGHT OF WAY OF S. EAGLE ROAD, THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION; THENCE S 00037'09" W 1321.32 FEET ALONG SAID WESTERLY RIGHT OF WAY TO A POINT ON THE SOUTH LINE OF THE NE 1/4 OF SAID SE 1/4; THENCE N 89039'50" W 1307.62 FEET TO THE NORTHEAST CORNER OF THE SW 1/4 OF SAID SE 1/4; THENCE S 00026'23" W 1297.78 FEET ALONG THE EAST LINE OF THE SW 1/4 OF SAID SE 1/4 TO A POINT ON THE NORTHERLY RIGHT OF WAY OF E. AMITY ROAD; THENCE N 89043'43" W 388.82 FEET ALONG SAID NORTHERLY RIGHT OF WAY TO A POINT; THENCE N 00050'13" E 473.19 FEET TO A POINT; THENCE N 890>50'46" W 274.51 FEET TO A POINT; THENCES 00026'33" W 382.63 FEET TO A POINT ON A CURVE, ALSO BEING THE CENTERLINE OF THE TEN MILE DRAIN; ALONG SAID CENTERLINE AS FOLLOWS: THENCE ALONG A CURVE TO THE LEFT 405.41 FEET, SAID CURVE HAVING A RADIUS OF 1071.91 FEET, A CENTRAL ANGLE OF 21040'13", TANGENTS OF 205.16 FEET, AND CHORD WHICH BEARS N 41030'24" W 403.00 FEET TO A POINT OF TANGENCY; THENCE N 52020'29"W 503.16 FEET TO A POINT ON THE WEST LINE OF THE SW 1/4 OF SAID SE: 1/4 (CENTER OF SECTION LINE); THENCE S 00015'10"W 4.23 FEET ALONG SAID WEST LINE TO A POINT; THENCE N 52015'30" W 254.23 FEET TO A POINT; THENCE N 521)30'30" W 547.61 FEET TO A POINT; THENCE N 33026'3011 W 49.85 FEET TO A POINT ON THE WEST LINE OF THE EAST 1/2 OF THE SE 1/4 OF THE SW 1/4 OF SAID SECTION 29; 31llO-ANNEX-DES.DOC lEAVING SAID CENTERLINE: THENCE N 00"03'53" E 80.47 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF THE EAST 1/2 OF THE SE ~ OF SAID SW 1/4; THENCE CONTINUING N 00003'53" E 1323.69 FEET TO THE NORTHWEST CORNER OF THE E 1/2 OF THE NE 1/4 OF SAID SW 1/4 ; THENCE S 89"38'09" E 669.97 FEET ALONG THE NORTH LINE OF THE E 1/2 OF THE NE 1/4 OF SAID SW 1/4 TO THE NORTHEAST CORNER OF SAID SW 1/4 (C1/4 CORNER); THENCE S 89"37'43" E 1336.57 FEET ALONG THE NORTH LINE OF THE NW 1/4 OF THE SE % OF SAID SECTION 29 TO THE NORTHEAST CORNER OF THE NW 1/4 OF SAID SE 1/4 (CE 1/16 CORNER); THENCE N 00021'39" E 60.00 FEET TO A POINT ON THE SOUTH LINE OF MESSINA VILLAGE SUBDIVISfON No.2, AS RECORDED IN BOOK 89 OF PLATS, PAGES 10280 TO 10281, ADA COUNTY RECORDERS OFFICE; THENCE S 89037'43" E 1311.68 FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF MESSINA VILLAGE SUBDIVISION No.1, AS RECORDED IN BOOK 86 OF PLATS, PAGES 9758 TO 9759 TO A POINT ON THE WESTERLY RIGHT OF WAY OF S. EAGLE ROAD; THENCE S 00"27'45" W 60.00 FEET ALONG SAID WESTERLY RIGHT OF WAY TO THE REAL POINT OF BEGINNING OF THIS ANNEXATION DESCRIPTION, SAID PARCEL CONTAINING 137.96 ACRES, MORE OR LESS. WAYNE K. BARBER, P.L.S.8444 31110-/\NNEX-DES.IJOC CITY OF :MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 136.72 Acres from RUT (Ada County) to R.8 (Medium Density ResidentialAND Preliminary Plat Approval of Four- Hundred-Ninety~One (491) Single- Family Building Lots~ Sixty-Seven (67) Other/Common Lots, ~md One (1) Park Lot AND Conditional Use Permit Approval for a Planned Development Consisting of Single-Family Homes and a Public Park with Reduced Minimum Lot Frontages and Reduced Minimum Lot Sizes, by Tuscany Development, Inc. Case No(s): AZ-05-0 17, PP-05-0 19, CUP-05-026 For the City Council Hearing Date of: July 26, 2005 A. Findings of Fact . 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code ~67- 6509. The matter was duly considered by the City Council at the July 12,2005 and July 26,2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Conunission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code @67~6509, 6512, and Meridian City Code ~~ 11-15-5 and 11-17-5 as CfTY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.05.017 I pp.OS.019 I CUP-05.026. PAGE 1 of 5 evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject appIication(s), it is hereby verified that the property owner(s) of record at the time of issuance ofthese findings are Harold R Long, Lynn B. Assay, Eliza Anne Henry, Paul Warrick, and Tuscany Development, INe. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. 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.e. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, 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 August 6, 2002, Resolution No. 02~382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 1l~17-9. 4. Due consideration has been given to the comrnent(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 Planning and Zoning Department, the Public Works Department and any affected party requesting notice, 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated March 14, 2005 as shown in Exhibit B, the Site Plan as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ-Os-O 17 I PP-05-019 I CUP-05-026- PAGE 2 of 5 C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 14,2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan shown in Exhibit C is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (1.8) months unless otherwise approved by the council. During this time, the permit holder must commence the use as pennitted in accordance with the conditions of approval] satisfy the requirements set forth in the conditions of approval, acquire building pennits and commence construction of penn anent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. lfthe completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future pbases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice tbat after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval ofthe final plat. After approval affinal plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 17 / PP-Os-o 19 I CUP-05-026- PAGE 3 of 5 1. The Applicant is hereby notified that pursuant to Idaho Code 67.8003, the Owner may 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, pursuant to Idaho Code 9 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval 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. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUPIPD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action ofthe City Council at its regular meeting held on the '2-l.P *-' day of :J(;{,Uf ~ 2005. COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED~ VOTED J1a&? VOTED~ COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYORTAMMYdeWbERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-0 17 I PP-05-019 I CUP-05-026- PAGE 4 of 5 (TIE BREAKER) 1 \ ' ~ ~ ; I ~ I I l I I I \\\\ c~' '. " ,.,\\ Or ,'J.-/ ,..........' ~-{ ,."" -~~ -"41~ "": ./ C; _t'l~PORA h "':-......"1.- . '>: ::: ;:.V" ,('() \ " ~. c: J\ \ t-s~,;~ " ." ~.c(; ,,';:, I ::;. wd G'"",,-,L:!',/ ( --::.~ '6 .....-;)7.1S.\ '_' ....io: Copy served upon Applicant, The Plan~itI;.~i..~~g'~partment, Public Works Department Attest: and City Attorney. B)<;.~ Il. . i.cc,. City Clerk Dated: q -ZZ..o:; CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-017 / pp.os-O] 9 f CUP.05-026. PAGE 5 of 5 EXHIBIT A Messina Meadows Subdivision AZ-OS-017 Legal Description (2 pages) .i Lli:~::CIW'rION FOR MESSI~~I\ Mr: AU(iWS SUiJDIVISION tdd,~h E:. 2:)(:5 ;:.. D"'RC.~~ ::ir L4rD LOCA ED Ir', THE ~~ 1.'::: 0= s.:;:':::~',Of\ 2~, A~D ALL OF !...OT 2, 3L.JCI;, ,. (iF :JRCPC:S'::D MES$'N/'. HLS 8U801\.%IO:.. ~JO.: LY1NG!:\ TOIJ-/NSHI::l,:, tJO::TH, RANGE; E..,S: Or: THE :3013;:: ME:RIDiAr\. MER1:liA:\. ::',QA COUNTY, IOAHu, BEING MJRE PART!C~;,,';:\~ Y !')ESCRiB::D AS i=OLI.OW$: COMM:.:r~C,N''::.:'" - T~i~ kORTHEP,8T CORNER T:-iE SE 1 it. OF SECTION 29, T.3N., R ':::" 8- M.. THENCE t'. 50 'Ji'-12" Vv 25 OC FEET ALONG TH:;: NORTH LINE OF SAID SI: ~i~ TO f, PDlf\T Ot~ Tt-iE WESTERL~' RIGHT OF WA)' 0;: S, EAG"-F. ROAD. THE ReAL POINT OF BEGINNING OF TrilS SUBDIVISION; THENCE S (n'.l?,,)g" W ; :;;;132 F::ET ALOt\G SAID WESTERLY RIGHT OF \,VA Y TO {. POINT ON HE SOUTH LlI.JE OF THE N:: ',/J OF SAID SE i':~. THENCE t-J 88'''j~'5:J'< W 130762 FEET TO THE NORTHEAST CORNER OF THE SW 1;'':: OF SAID SE :':4 . THENCE S OC'.26',;;:," W 1297.78 FEET Al.ONG THE EAST LINE OF THE SW 1/4 OF SAiD S: lq TO A ;:JolI.n or~ THE NORTHERL Y RIGHT OF WAY OF E. AMITY ROAD; TH;:NCE N .l3tl'43'L3" Vv 39S.U7 FEET ALONG SAID NORTHERL Y RIGHT OF WAY TO .6. POINT, THENCE ~; 1)0"2f;':~:,!" E 475.00 FEET TO A POII\'T. THENCE N 8~:.:3'43" W 2filCO FEET TO A POIN'7"; THENCE S I)O'::o'Zj" 'lv 38503 FEeT TO A POJNT ON A CURVE, ALSO BEING THE CENTERLI.\JE ():= THE TEN MILE DRAIN: ALONG SA.ID CENTERLINE AS FOLLOWS THENCf A.LONG A CURVE 10 THE LEFT ~C5 41 FEET. SAID CURVE HAVING A RAJIUS OF 107un FEET, k CENTRAL ANGLE OF 21' 40'13". TANGENTS OF 205.16 rEET, AI>,D C:-lORD VVHICH BEARS N 41"30'24" IN 403.00 Fe::T TO A POINT OF TANGENCY. Exhibit A - Messina Meadows :.1:/":"1: ,'" '::'i~.",. ':;:'"Ti::=',:..1I i:~~: TH~.r ~(...= L: ,.,Y( ?:~,~,'- E~ f::.D ~:... FEr:;~ ;:'.L..(X<I~ S,~.Jj 'l.:'.:::~.T L f.J::. T(I T~.:E !>J0F~TnV.lEfT C~=l;-'~~J=::F~ I:'; -....:: =:~,~T ~ .~: ()f 7-fr: Sf ~"~ .j;: .St.JD ,S'I,~. ~~. TH7NCE ee.;:: ;..Ua\(~ I..: ,;,c '(',)'~,J' E 13.2,,&'} FCL'i :C-' THE hOi',TrIIVESc' C,ORN:::t~ OF THE': c -; .: O~ -:-H:; \:: - (" OF SAID SV,/ . ,..: , TH=~~":'= S i:,; ;,.: r.;:- E ~c:~B;' =EET ALONG :-Hi:: UOF:TH UN!:: OF TH:;: E 1}2 OF THr.:: N::: '.': 0= S::'L. S',.".' ',,- TO THE SO lITHINE S-"[:>{:.. y COI~I'!ER Or- LOT:. BLOCK 1 ~ OF ,\'lS:SSI~J/I. -. L3 3UBDP/ISION f\JO :.; /~L()(\;G T-i:?: f,C'U,.[iARY OF SAID LOT :: THE FOI"LO\ViNG THENCE N €'C'43''':[,'' E 3170 FEET TO A P01N-:-, THENCE ALOhG;, CURVE TO THE' LEFT 26C.52 =EET, SAID CURVE HAVING". RADIUS OF 1250.00 FEET. A CEt-.'TRAL ANGLE QF 11'56'29", TANGENTS OF 130.73 FEET. AND Crl'JRD Wrl\C'i pEARS N 54"45'33" E 260,OS FEET TO A POINT; THENCE ALOf..;(; A CURVE TO THE LEFT 54,17 FEET. SAID CURVE HAVING A RADiUS OF 126.00 FEET. A CE'NTRA:../_NGlE OF 24'37'51:". TANGENTS OF 2751 FE::n, AND CHORD WHIC", BEARS S 51)'12'(13" E 53.75 FEET TO {, POIr~T; THENCE s ct '1:::'2.0" W :37.46 FEET TO THE NORTHEAST CORNER OF SAID SW 1/4 (C1i~ COR"!:::RJ. L:::AVING TH:;. 80JNDARV OF SAID l.OT 2 THENCE S i:0'3;"'t,3" E 2646.14 FEET ALONG THE NORTH LINE OF THE SE ~~ OF SAID SECTION 2:;' TO iH:: REAL POINT OF BEGfNNING OF THIS SUBDIVISIQN, SAID PARCEi.. COt, T AI:\JING 136.72 ACRES MOR;;;' OR LESS. W..WNE t< bAR3cR. ~-- ~C~1\.~~~~ / /J;1):~"Sy:,~ l~Wf4 4 ~ ';-5'; P.L.S.8444 \--r\r;.~ J/d'/qf1 Exhibit A - Messina Meadows ..(!a..LlI....IiI..~ 010., t"::::-... 1+ \. ,. .~: <; -::~ ~~~: . -~ ; "'- .. , 1-311'tl, ~;; .,~: ~ ..1>-. . n . . " ..,.. -'- . _.,:"7~-':. :...........:::1:~:>~ ., . '.- . . \ ...... 4" ~.." _ ~ <c.._. ._~ _.._ , .., ....,..,t. !:. ~..~tl .Co),-.c: ~ ,I.'oJj""V~,:,:: ""'i' EXHIBIT B Messina Meadows Subdivision PP-05-019 Approved Preliminary Plat ./.,' A: . , 'f >. I 'l '.::' "1.1'/=.' j" . , .... . ~. ; . I ~ ". .' ~ +t: . ',:. ,. . ,. '. ;-'>::'::""';;~ : - : .': 'i'l c - ,~.-". ~-T"_~~_~J-=---"" ..-.. ",~.. o. (IoI..~"""1 'HI."....~.ll : ...~ -'11~ .... 'I. ,r .~l . . l :', >~, . .{.">: . I ~ "-;- ,~, ';,;" I;, ~ J'll. "' , -I": I' \ . ' ..',' '..~...~.:!,:..:. :~,_: <';., "" ;/ -;':'{~i"~~'-: -.'. - .", ' \ CD . d ., .....o:......~. .......... -.14.'" .....,.. Il:_~.' ,n.u.... (""1- ~ l "It "'ff' ~I ..,..."---<<. t( . .':-1" ~,'. ,:. _..../;~.~.,~~ ,'\ t :[~,;..~.-,:...~ .~\~1.,,; .....~.......!:.....;:I:..~..I '~J'.;..~'.:;:H~... .~.!~.~.., .;::-- . ,. ' '-. . ,1,"'"'1' -. _, lo...+Y('. :f \\ ~ 'I . I ...J .1-":~' . . \ t l' ~ : " . ~ . v - ~, ~~, r ...~-::" ':-./1 \ .~~I:~.'-'~"-;'~'::'::.~:~:;:'~~.~i.!..; rl. ..\\.. t;j/.'",~;q.~~~;'.. ~ ::.f-"ra..~~~:.:~:":': . :"lrl/j:~~.~.t'\.~!.;~:~.![;~~. :;_~ ,.",~, j ''', ...' r ........."- l r .._~.J.... ...,. .~-~-.....\..J,.J......I~ ~...... ~-"......... ---- 1 t" ~', ~; , .' 1<'; . ~, ,;.~ '~k i' ;: !:E-,,; .:. .t,:\:~:.-;' . , ,'. .. .... I;' ,....@- t, .' '." '..,.. "'~ ;;~::~~; ~,J.r{t- ,> <.. ";'.. ,~...;': .....:. ,....~ . .~, ' -- .'F~ , u ... ......+_._.~.....____. . _., ~ __.,' ,.-' -.. . __u.. ... ,~c_." _,,~,".:.......l..... < , :..-.,:~-.. _~.... ~..~":;t-."i:""~::\'- ; ~ I ":, ..... 'N..t~:~' ..r:."~;~.,'. ......... '. <, ~ ~ . ~ ,";-' "':-,.'~.r" i, . .;..::"'\ .- ...<-,'. :1:!':!...~I'_t<r ~-:-:"'II:'( ( \~ ................ ~.... ..-,,~ .~ ~ ~~...... ._.. - '__k .....~ 1-" < ...<_ ....~ .~_..~ ~.- .-- - ^"., ...... ..... , .-- ,. ,.,. ............. "'~._~.n",'" '. __ .... ,__.....__ A L __ _<<~. ,.._ ':~__.:~~,..:..._.;.~_..:;~~.,L.. ..L~. .... ~ ~~.'::..'.;. ~ _.:'~'" .'':'~ '{'.~.":.. ..~': ~"", ~r '.. I~ ..4 ',~. "">' _ A .0< ~ _. , ,_ rL.._ ..".," ........ ".'~'." r-':-;. ~.....~ , ..... >>_...-...... ....... ... ... :~~{ J.~~:~:~~:':;t~;~~;E~:;~~~~~~~~~~~{. ,(..... . 'i" . .,._r:.:.=-..<:-c-:'i'i:'~~4o;,:;:=';:,."i";" _"f'J. '.. .'::~"~~:!;;'~"" ,,- . -~ii: EXHIBIT C Messina Meadows Subdivision CUP~OS-026 Approved Site Plan -. -: ~...:/~:<, "..., . I' ,',' d: <u-~-~_ ::i-- -';M~~'S!N?;~~~~- ~ ;~~\'_;IK1E5!rIT!l\j g;E~ !!: " ...././ i: i-'c', :-rlll~lS-"-'--:- :"_--' / : v[llAGf" ~ I" ;.:' "~-~r>":~'~~r~~' ~-. ': ~T~-~--- '10; fT:i-~~i~~-!I~i~t~=t~1~ ~=tl'i!r J . '! : I' r/ /---......... ,~-' --. " ~. ~"--!"-''T ~ ,.'. ----' itl'; 'I---'-~. ---. -./ :-~'_ r r, I I I . ,"' 'i" h (,: J I' , , I "Efj" ......", "'--:r~ ~ I ' )1 ("'-,,= C '-~->=-'-'-" :-. 1:...l...L-'- :.1 L~i !~ U_c.!..!j , I C' L I ! ) L..:LlT=ijl'll [.. .~-_.! r: ,: -<::( ,'/' /.-....:.. CITY I Ji--:-; , r:- ,.;---, J~-:-, 1-""j""Ti. : I : I 'l ! ' , """ ! ;l:' L. 'I. I ,.~-...-;._----=., '. - " I"" "I ," I~ 1-- - --. - ~--~-'I'" -"-1' -, J. I ,'I ~ i !--' 1 ~_._.:-.-:-,-:~~ ~~--:....~...;J ~. J .. ~ i ; I ~~:; t :-. -L.... : ,~. .----'---~.._.:......J ~--=-: PARK: I' I ' ; . I r: I J.Y; :)' [' I o-"""Tl:: r=-.~ ll! J ;-01111 .::::;, "' '""':"'.:::::..."=, ---::o:~ l.....J II -.' --.'.: . .-,- .- ...L....i.....!1 !--.--;- I: i I I Ii f--' ',i -t-----l ~. ! ~s;?"l' f.':. i : f!~ f';.r~T~, c-~-;-- ~:. ,'"")1 '=M" V" I 14l....J....J......:.JtI'r"$~~.:.~- ',-_.~,,:~::~ ,n "I I I I ..e-. :-..-J I ~..._l.:._. -....!.-..--... ~ ....... I ],-. I j' . I '.. '-J ' t. -,' '--I ... '5-. II \ I ,:-'TlTnTfT'I'i-rl f:";~ ,- I . I . !..J'" Ji;~ -l-- 1.--:....-.. -'-~-l:~ , ..+~....'.:J~ ,---- .~,'~~' ~;5jF 1---, !' ... 1"-" El, r---:.' ~.:-...-? -.-. 'n 0 ~ == ~----r" I ' I: --I i: 'I " ,. . --------i 1-"-::.1 r--:-....;;:;.--~ p:-::.= I ... 1 = ------.! i I I -; -- - ,n ...,. -r' I' ,'. ~. ~ 1 }.~" I I J I j ~ . .. - I ' ; r- ---1 ~ - . I I ~. J! -j ! ;---'-i D~ "'1>::::':/1 ~-".: :....iI )I'--~' t"i3i..- WllI I ! I j: Ii ill: ,~ l-.-; ; _:. I 'L"1Il~/ --A..,r--' i'T'-; -. :-. I-'~ ; : II 'II :I+-r i I I ._-J: J!:: .1 I --- ...,------,. I . . '~.' I \ ,.----'] QT\ \~/. =- I! I I.. I ,]1:1,.' . "" , '.., ".' '",' ,,' -I I " -, II} ,.,','::- , , 'i I.. /' --..... ,.-.":--.-'/.--.--1 -' \ /"\ 'TIT'" "ll .Ii: . --L.><;;:'::,::,: - ..-;,...:----:1.-\---::< ..~~<..-,.(>'i<>:.-.lil.~~' ~:> I i J....J..LLLlJ 1 U i'''.:JJ~:! . . ll...... ............. ~ , ' ...... ~.-\. ,,-' . i '- .' )- '" :;..:h. .. I :- -:: ~ 1-' : . ':'li I j. '," '" ,', " " ,I, " '-.. " I ~'I ---I ;, ___---.---., '" t ......,'~."-- ',.........., ,~. >vf ......... "V/ ~..,,/)~ ': t./'! !,!' \ >- r--=I'r,I:1 . "' " ,,, ." " . "'-.;'-.. ) ,. '.-.-- A!. I . 1 "" '\... .., .....' ,..... '...>..., ~"',,..'./ ~ -, ----..~.....:-. J ~ If I ! t j, ~".,' .-......:<.;. ~~,,' /, 1.:/.." -.; / "....>-;-o..-;-.,----r--] i ~ j ; i'll; /10, ,:..,. ". --..... "'-.../',;//7'...,'<... / ---."..j,' :"N., i ! ) 1 I),.!:., ........V " ~.. ii...~,~~, ....:<. .'........,"'...' +1 i II 't-"l-f--; . LW I H[i: ,f "...,' '''-, SZ' "/ ~'----''':'-:! ! ." I 'I:::) I ---'--'--":"--f' '~~;- ";..'--.....:..<~,;)J-.:. ,,'.")<',. .' "'Tl... ==, (,~ I c::>..,i;.... ,;::. "1" .""'/ /.' ,:-'" .' '^',. L....J I I:!' ... 1 <:( f II' '\ ",.",,',.1 >-.........: /"'~I I 1--1":'--' 1-..-,.1 J- I II:! , ... ........- ,..... ''.:' j ~ " , 11 -C I' i;,' :"'-(>><lJ ~ L_~:l!---~"",'-... )I! !iii~ MEADOWS .~: ','"..... ",,/ ~-:'-l "..-, I L... . 11--,,;::: '.....-. :1:' .', ............... .... 1 " -""~.....:::: -'"""",,- ; '!J ~, ", "'" ", I r--I I I; '...., ,I,.: ", .., '" , ,-=' .---i l """'J It"": ....'....... II;, " , , '" ,. I v I ' :1 'I , ....',"...~ ~ '- "II '! ~ . \. ~ i . ~'-~ I~ Hi. _ .~'_ .. __. H'__ .::: L~=-~_-JJ AMITY ROAD .\\ Ii:: . - - ------....'" -. .'; .-:-:---.-;:.:..::-. ;.... ._:__:; "7 ~~: ~;:~:-:,,-: -:;"-.' - . :.;..::.-=: _'" ....:...:~.:;,.~ ~-_=- ,=-_~-=-~=::. ::- ;,;;,..~~:~~~,:~.~ ~..::<:;:-;:~ ~ uCC; ~(j1J (. , .... !:';:~l EXHffiIT D Messina Meadows Subdivision AZ-OS-017 Annexation and Zoning Comments ANEXATION & ZONING COMl\1ENTS 1. The annexation legal description submitted with the application (stamped by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adop~ion), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888~4433 to initiate this process. The DA shall incorporate the following: · That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5~ 7-517, when services are available from the City of Meridian. Wells may be used for non~domestic purposes such as landscape irrigation. · That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental t-o any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. · That development of Phases 1 and 4 located within a floodplain shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundaries presented with this application are not approved by FEMA, the applicant shall have two options: 1) remove any lots within the FEMA- approved floodplain boundaries or 2) resubmit for preliminary plat approval of Phases I and 4. · The developer shall construct multi-use pathways as required by the Comprehensive Plan and presented on the preliminary plat Dated March 14,2005. The future crossings of Ten Mile Creek and the Ridenbaugh Canal may be accomplished through bridges (Davinci Way stub street) connecting future development with Tuscany Lakes and Messina Hills Subdivision. · Park - +he app1icant-agre~-s-to dedicate the Public Park to the City of Meridian. Exhibit D Messina Meadows .'fhe park shall be eonstructed in cooperation \-vith the Parks Department and a clear title InllS! b@ provided to the City Attorney for re~Fier tD the final plat for that phase being submitted. Pursuant to the direction of the City Council, the applicant met with the Parks and Recreation Commission regarding the possible dedication of Lot 21 Block 1 to the City for a public park. Despite a positive recommendation from the Parks and Recreation Commission, the City Council has not taken action to approve the City's acceptance of Lot 21 Block 1 as a public park. Accordingly, the applicant may proceed to submit the final plat which shall depict Lot 21 Block 1 as open space/common area to be owned and maintained by the homeowner's association. In the event that applicant and City reach agreement at some time in the future regarding dedication of Lot 21 Block 1 as a publicly owned and maintained park, the dedication can be accomplished by a separate written agreement and amended final plat. Exhibit D Messina Meadows EXHIBIT E Messina Meadows Subdivision PP~05-019 Preliminary Plat Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. The preliminary plat prepared by Briggs Engineering, Inc, dated Mar 14,2005, is approvedl with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-0 17) and Conditional Use Pennit (CUP-05-026) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-0 19). 2. In lieu of strict adherence to multi-pathway locations, the applicant may propose an altemative multi-use pathway system in compliance to the 2002 Future Land Use Map if approved by the Meridian Parks Department. 3. Place a note on the face of the final plat stating that all future front garage setbacks shall be 20-feet as measured from the property line or the back of sidewalk, whichever is more restrictive. Exceptions to this requirement would be the lots contained by Blocks 22 and 23. 4. Prior to the City Engineer's signature of a final plat containing an structures not contained on a designated lot shall be removed. 5. The submitted landscape plan prepared by The Land Group, Inc., dated 2-15-05 is approved as submitted with changes. The following should be included in a revised landscape plan: o Depict and construct a lO-foot wide gravel shoulder on Amity Road abutting the site, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. o All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13.15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12- 13-15~9. . All areas being counted toward the open space requirement shan be free of "wet ponds" or other such nuisances. All stOlmwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plan. o Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. Exhibit E -Messina Meadows Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval ofthe Planning & Zoning Department. 6. Construct a micro-path as depicted on the Preliminary plat March 15, 2005 and drawn by Briggs Engineering, rnc. Appropriate signage should be in.cluded in the micropath as to direct pedestrian traffic to the appropriate trail system. 7. All road drainage shall be contained on site in the roadside swales as depicted. No trees shall be placed in such a manner as to interfere with drainage. 8. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Nampa and Meridian Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 9. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point cOlmection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. A detailed fencing plan shall be submitted upon application of the final plat. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3-feet maximum within 20 feet of all right- of-way. All fencing shall be installed in accordance with MCC 12-4-10. Exhibit E -Messina Meadows 11. Maintenance of all common areas shall be the responsibility of the Messina Meadows. Homeowners' Association. 12. Staff is concemed about the potential effects of high groundwater in the proposed project area. Two significant waterways affect this property: the Ridenbaugh Canal along the entire northern boundary and Ten Mile Creek intersecting the project. Conventional wisdom holds that the shallow ground water table recedes once development occurs and agricultural irrigation ceases and watenvays are tiled. However, every year a number of homeowners contact the Public Works Department regarding water in their crawl spaces in developments that have been completely built out. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established seasonal high groundwater elevation. 13. The approval of this proposed development shall be conditional on the applicant being able to obtain a letter of map revision from FEMA for the proposed modified flpod plain boundaries or redesign the development to comply with Meridian City Code 1O~6-5 regarding Provisions for Flood Hazard Reduction. 14. Due to relatively high existing groundwater Levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase of this development. The Master Grading and Drainage plan shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for all houses in this development. c. Elevation of crawl space for all houses in this development. d. Finish grade elevation at each lot comer. e. Drainage flow patterns on all lots. f. Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue montWy ground water monitoring for two years after final approval of each phase and provide information to the Public Works Department. g. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed and submitted to Public Works and the Building Department. h. If slab-on-grade construction is utilized in conjunction with typical footings, builders of each lot shall comply with all requirements contained in the International Building Code regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of Exhibit E -Messina Meadows first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. 1. The Master Grading and Drainage Plan must be approved by the Public Warks Department prior to overall plan approval. Builders must provide finish floor and crawl space elevation certification for each house prior to issuance of certificate of occupancy. 15. All residential constructionl where foundations would be within soil Groups II through IV of the Unified Soils Classification System, shall comply with the International Residential Code R40S.1, pertaining to the requirement of drains around all concrete foundations that retain earth and enclose habitable or usable spaces located below grade. Approved drainage systems shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means to an approved drainage system. The applicant shall provide Public Works and the Building Department with detailed soil classification profile of each test hole as determined by Associated Earth Sciences Incorporated. 16. Sanitary sewer service to the western and southern phases of the development shall be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal, and the northeastern portion shall connect to Messina Village Subdivision. The Subdivision designer is to coordinate main sizing and routing with the Public Works Department to be in accordance with the approved master sewer plan. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 17. Municipal water to this site shall be via extensions from existing mains in the Tuscany Development from the north. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 18, Other than the public street accesses approved by ACHD} direct lot access to Eagle Road and Amity Road are prohibited. A note shall be placed on the final plat restricting access to these roads. 19. All private streets as s/WWlt on the plat shall be a minimum width of 24 feet of improved surface as agreed upon by tire letter dated May 25, 2005 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be perfoImed in conformance with MCC 11-12-3H. Exhibit E -Messina Meadows 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be requited for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. Two-hundred~fifty and one-hundred-watt, higb-pressure sodium streetlights will be required at locations designated by tbe Public Works Department. All streetlights shall be installed at subdivider's expense. Typical1ocations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 8, Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review, Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a lOG-year storm events. Side slopes within drainage areas shall not exceed 3:]. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established nonnal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above peak high groundwater. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. Exhibit E -Messina Meadows 10. Any existing domestic wells andlor septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9~4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 11. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill) where footing would sit atop fill material. 12. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process) prior to signature on the final plat per Resolution 02~374. 13. Staff s failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 14. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-.4. OTHER AGENCYIDEP ARTMENT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will requke a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of5002 apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on corners when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10', g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the lFe Section 509.5. Exh.ibit E -Messina Meadows 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section DI03.6 Signs. 8. fusure that all yet undeveloped parcels are maintained free of combustible vegetation. 9. Fire lanes ~nd streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather swface are required before combustible construction is brought on site. 11. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the (west/east/south). The two entrances should be separated by no less than lIz the diagonal measurement of the full development. 12. Building setbacks shall be per the International Building Code for one and two story construction. 13. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 14. The proposed 491~lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 1423.9 residents at build out. 15. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for Exhibit E -Messina Meadows facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 16. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Optic om Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 17. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter ofthe building. 18. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance reqt:1irement shall be 600 feet (183). a. For Group R~3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). . b. For buildings equipped throughout with an approved automatic sprin1cler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3.2 and 3-3, sections B & C. The pathway should connect through to Bellingham park subdivision. If Bellingham Park Subdivision fails to be approved the applicant shall provide on street connection from Lot 16 Block 16 to the Ten Mile Creek until such a time as an extension is possible. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway, 3. Minimulll acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case~by~case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their Exhibit E -Messina Meadows subdivision that the City does not maintain. Construction fill and grading must be approved by the Meridian Parks Director. 4. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT . 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Cllief andlor Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Central District Healtb Department 1. Run-off is not to create a mosquito breeding problem. 2. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. The Engineers and architects involved with the design oftbe subject project shall obtain current best management practices for stormwater disposal and design a stomlwater management system that prevents groundwater and surface water degradation. SANITARY SERVICES 1. Please contact Bill Gregory at sse (888..3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 2. SSC will not provide trash pick-up services utilizing the connnon driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk The pad shall he of sufficient area to accommodate the receptacles of the residences that take access from the conunon driveway. ADA COUNTY HIGHWAY DISTRICT Exhibit E -Messina Meadows Site Specific Conditions of Approval 1. Dedicate 48-feet of right-of-way from the centerline of Amity Road and construct a 5-foot concrete sidewalk located a minimum of 4l-feet from the centerline of Amity Road. OR Dedicate 38-feet of right-of-way from the centerline of Amity Road and construct a 5-foot concrete sidewalk located within the landscape buffer. Place the sidewalk within an easement. 2. Dedicate 48-feet of right-of-way from the centerline of Eagle Road and construct a 5- foot concrete sidewalk located a minimum of 4 I-feet from the centerline of Eagle Road. OR Dedicate 38-feet of right-of-way and construct a 5~foot concrete sidewalk located within the landscape buffer, Place the sidewalk within an easement. 3. Construct a continuous left-turn lane on Eagle Road at the intersection of Eagle Road and East Mona Lisa Drive. Provide a minimum of 100- feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff 4. Construct a right turn-lane on Amity Road at the intersection of Amity Road and Montague Way. Coordinate the design of the taper with District staff. 5. Construct a left-turn lane on Amity Road at the intersection of Amity Road and Montague Way. Provide a minimum of lOO-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design ofthe turn lane with District staff. 6. Shift East Mona Lisa Drive to intersect Eagle Road approximately 60-feet to the north to directly align with Zaldia Lane. 7, Construct South Montague Way to intersect Amity Road at the east property line, as proposed. 8. Construct East Mona Lisa Drive as an alternative street section that includes two 17-foot travel lanes with 2-foot concrete ribbon curb and an 8-foot drainage swale on both sides of the roadway within a total of 72-feet of right-of-way. Construct a 5-foot sidewalk located outside of the right-of-way within an easement (if it is determined that this development meets the criteria for the alternative street section). Iflt is determined that this site does not meet the established criteria, construct East Mona Lisa Drive as standard residential collector that includes a 36-foot street section with vertical curb, gutter, and 5-foot concrete sidewalk Exhibit E -Messina Meadows within 50-feet of right-of-way. Front on housing and direct lot access is prohibited regardless of the approved street section. 9. Construct Genoard Avenue and Deer Hill Drive as alternative street sections that include two 16-foot travel lanes, 2-foot concrete ribbons, 8-foot drainage swa]es~ 4-foot detached concrete sidewalks, and 2~foot utility easements (if the criteria for the alternative street section can be met) within a total of 64-feet ofIight-of-way or construct Genoard Avenue and Deer Hill Drive as a standard residential street that includes a 36-foot street section with rolled curb, gutter, and 5~foot concrete sidewalk within 50-feet of right-of-way. 10. Construct South Montague Way (from Amity Road to East Santo Stefano Drive) as one half of a 36-foot street section with vertical curb~ gutter and sidewalk located on one side of the roadway and a 3-foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. Create a centerline within the roadway to sheet storm drainage appropriately. Front on housing and direct lot access is prohibited. 11. Construct a portion of East Taormina Drive (abutting the 3.0-acre out parcel) as one half of a 36-foot street section with rolled curb~ gutter and sidewalk located on one side of the roadway and a 3-foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. Create a centerline within the roadway to sheet stonn drainage appropriately. 12. Construct the remainder of the internal streets as alternative street sections that include two 16-foot travel lanes with 2-foot concrete ribbons and 8-foot drainage swales on both sides of the roadway within 52.feet of right-of-way. Construct a 4-foot wide concrete sidewalk that is located outside of the right-of-way within an easement. If it is detennined that this site does not meet the established criteria~ construct the internal local roadways as standard 36wfoot street sections with curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way. 13. Extend East Deerhill Drive from the west property line approximately 21O-feet south of the north property line, as proposed. 14. Shift the proposed stub street (South Zisa Avenue) to the west to serve the 14.7- acres site to the south. Construct the stub street in a location that is conducive to the redevelopment ofthe 14.7-acre site to the south. Provide the District with a road trust for one half of the cost of constructing a bridge over the Ten Mile Creek. Install a sign at the terminus of the stub street that states, "this road will be extended in the future:' 15. Construct a stub street (South Messina Way) to the south property line located approximately 399-feet west ofthe east property line~ as proposed. Install a sign at the terminus of the stub street that states, "this road will be extended in the future. " Exhibit E -Messina Meadows 16. Construct South Montague Way as a "quasi-stub street" abutting the property line, as proposed. 17. Construct a stub street (South Burro Avenue) to the south property line that is located approximately 900-feet west of Eagle Road, as proposed. Install a sign at the terminus of the stub street that states, "this road will be extended in the future. " 18. Extend a stub street (South Burro Avenue) from the north property line into the site approximately 865-feet west of Eagle Road, as proposed. 19. Extend a stub street (South Montague Avenue) from the north property line into the site approximately 1,440-feet west of Eagle Road, as proposed. 20. Extend a stub street (South DaVinci Way) from the north property line into the site approximately 760-feet east ofthe west property line, as proposed. 21. Construct three roundabouts within the subdivision. Design the roundabouts with 21-foot street sections on either side of the center island with splitter islands and adequate signage. Coordinate the size and design of the roundabout with traffic services staff. 22. Construct the islands located within the public right-of-way a minimum of 4-feet wide with a minimum area of 100-square feet and should maintain a 21-foot street section on either side of the island. All proposed landscape islands/medians within the public right.of-way dedicated by this plat shall be owned and maintained by a homeowners association. A note of this will be required on the fmal plat 23. Construct one cul~de.sac turnaround within the subdivision (South Genoard Place), as proposed. Construct the turnaround to provide a minimum turning radius of 45-feet. 24. Construct Decameron Lane, Ragusa Lane and Burro Lane as private roadways (if the City of Meridian approves them as private roadways). Pave the private roadways a minimum of20-feet wide and at least 3D-feet into the site beyond the edge ofthe public roadway and install pavement tapers with IS-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. 25. Other than the access points that have specifically been approved with this application, direct lot access to Eagle Road and Amity Road is prohibited. A note will be required on the final plat stating these access restrictions. 26. Comply with all Standard Conditions of Approval. Exhibit E -Messina Meadows Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387.6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387.6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein, An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify an existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLlNE (1- 800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway Exhibit E -Messina Meadows District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application~ shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit E -Messina Meadows EXHmIT F Messina Meadows Subdivision CUP-OS-026 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERl\1IT I. The site plan prepared by Briggs Engineering, Inc, dated March 14, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-05-017) and PreliminalY Plat (PP_ 05-019) as a condition of the Conditional Use Permit (CUP-05-026)_ 2. The project shall conform to the R-8 dimensional standards, except as follows: 1. Minimum frontage: 40-feet (non cul-de-sac 10ts)(11on common lots) 2. Minimum lot dimensions: 3,600 sq ft. 3. Minimum Setbacks shall be: R 'd fiB old' S tb k est en la UI Ini! e ac s - Front (Living Space) IS-feet Front (Face of Garage) 20- feet Rear 15- feet Rear, side entry garage 5-feet Interior Side* 5-feet Street Side 15- feet * No additional setback per story Exemptions to residential Building Setbacks- For Blocks 22 and 23 the following shall apply: Setback from Parkway - 5-Feet Setback from Private Street - 20-Feet 3. Construction within Messina Meadows Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code, 4. The future home on Lot 6, Block 9 will be a single level, with a bonus room allowance. All dormers would face east and the windows would be designed for first floor only on the west side and the garage will be constructed on the same setback as the driveway (5' to north property line of Lot 6 Block 9). 5. The future homes on Lots 8 and 9 of Block 9 will have all dormers face east and the windows would be designed for first floor only on the west side. ExhibirF - Messina Meadows 6. A six foot solid vinyl fence will be placed on the east, north, and west side of the property in question and the north side will be designed with a berm if needed to mitigate headlights 7. Provide a minimum of one pressure irrigation stub from each side of the Stark's property, which would be the north, east, and west property lines 8. Provide a sewer and water stub to the property line from Messina Meadows to the north property line of the Starks's property. Exhibit F - Messina Meadows EXIDBIT G Messina Meadows Subdivision AZ-05~017 Zoning Amendment Findings According to Meridian Ci ty Code (M CC) 11-15-11, General Standards App Ii cable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in temlS of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11: Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the requested zoning designation, R~8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential". The 3.58 dwelling units per acre proposed with the preliminary plat are consistent with previous Commission and Council actions and generally confoffil to the goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition, the applicant's cover letter (dated March 7, 2005) lists several Comprehensive Plan policies, all of which support the aImexation and proposed residential use of the property. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): After evaluating the original preliminalY plat submittal and the Comprehensive Plan policies regarding hazardous use (floodplain), multi-use pathway, and preservation of natural features areas, staff discussed with the applicants agent the portion of the site within the floodplain and along the Ridenbaugh Canal, the Eight-Mile Drain and Ten-Mile Drain designated for multi-use pathways. Staff expressed concerns that the proposal needed to conform to the purpose statement of the natural features goals and policies and staff can make the findings to recommend approval based on the following: Chapter V A.2 P30 - Hazardous Areas - The purpose of the floodplain District is to guide development in the flood-prone areas of any watercourse that is consistent with the requirements for the conveyance of flood flows and to minimize the expense and inconveniences to the individual property owners and Exhibit G - Messina Meadows the general public through flooding. Uses pennitted in this district are generally associated with open space, recreational, and agricultural land uses and do not hinder the movement of floodwaters. The applicant has submitted a letter from Paul Kunz (April 28, 2005) indicating that the applicant has made the first indications of filing for a Letter of Map Revision to the Federal Emergency Management Agency. The letter indicates that if the farm access roads are removed within the Bellingham Park proposal thell the 1 DO-year floods would be contained within the naturally graded banks of Ten-Mile Creek. As reported soils types closest to the Ten MUe Creek are prone to flooding with seasonal high groundwater levels at 5-10 feet below grade. The submitted plan has seventy (70) lots proposed in the current floodplain designation. The applicant has reviewed a letter from John Anderson, of Nampa Meridian Irrigation District addressing usage along major canal systems. Staff feels the plat dated March 14, 2005 adequately addresses the location of the multi- use pathways which provide a buffer from the creeks to residential lots and will not hinder the movement affloodwaters. Chapter VI C.2 P71 - Multiuse pathways: Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI~3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. The applicant has included multiuse pathways proposed in this development. The Comprehensive Plan indicates in Figures VI -3 and VI-4 the locations of pathways along the Ridenbaugh Canal, Eight Mile Creek, and Ten-Mile Creek. In response to the Nampa Meridian Irrigation District letter indicating the need to have all pathways located away from the interchange of the Ten-Mile Creek and the Ridenbaugh Canal, the applicant has proposed an alternate route for the pathway. Staff supports the pathway system in these locations. With the relocation of the pathways away from the canal systems the applicant has also proposed a more intensive use closer to the irrigation interchange than a pathway. The following goals and policies support the request for additional open space along natural resources.. Exhibit G - Messina Meadows e "Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources."(Chapter V, Goal I, Objective AI) III "Preserve open space for recreation conservation and aesthetics" (Chapter V, Goal I, Objective A2) · "Identify waterways; wetlands, and other natural resources for preservation" (Chapter V, Goal I, Objective A, Action item 1) · "Identify feasible interconnected greenbelt areas along waterways, railroads, etc," (Chapter V, Goal I, Objective A, Action item 2) o . "Develop and maintain greenbelts along waterways" (Chapter V, Goal I, Objective A, Action item 4) · "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout conullercial, industrial, and residential areas" (Chapter V, Goal I, Objective A, Action item 11) Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): · "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25joot wide landscape berm with vegetation along Eagle Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way, and the sidewalk is located outside afthe 25-foot wide buffer (or increase buffer to 40-feet). See Site Specific Condition #5 in the Preliminary Plat section below. · "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The proposal as · "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-S) Figure VI-5 on page 57 of the Comprehensive Plan designates an on-street bikeway mid-mile between Victory Road and Amity Road. The applicant is proposing a 36-foot street section for Wrightwood Way (collector). The applicant has not proposed an onstreet bike path for Locust Grove road between Victory and Amity but the addition of a lO-foot gravel shoulder for future expansions should accommodate bike lanes. Exhibit G - Messina Meadows A portion of the site located south of the quarter section line is locatd in the "Low Density Residential" Designation. In Chapter VII of the Comprehensive Plan, 'Low density' is defined as areas including single-family homes at densities of three dwelling units or less per acre. The applicant is requesting that all the subject site be zoned R-8 (Medium Density Residential) and has made a request for a 'step Upl in density. The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCll-7-2.C). The applicant's requested design provides for larger lots consistent with a lower density transitional area, The comprehensive plan states on Page 104, Objective D- Plan for appropriate uses within rural areas: "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 intel:face between urban level densities and rural residential densities. " There is one approximately 3 acre lot located immediately south of the property classified as Low density residential. The applicant has calculated a residential density of 3.37 dwelling units to the acre for the overa1llow density designated area, however the lots surrounding the southern property are significantly larger and designed in such a matUler as to be least intrusive. Although it would be possible to require an Rw4 zoning designation staff sees the value in allowing one zoning designation on the entire subdivision. Staff SUPPOlis the step up in density for this project. Staff recommends that the Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether the proposed zone and subsequent development is harmonious with and in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit proposing single-family lots on the subject site (PP-05-019 & CUP-05-026). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUPIPD and PP applications are approved. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; The existing proposal is consistent with the Comprehensive Plan, Staff does not anticipate commercial or other uses are planned for the site. Exhibit G - Messina Meadows D. Has thert;~ been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that a substantial portion of the land to the north has been developed (or approved for development) in a manner similar to the proposed subdivision, with single-family dwelling units. The Tuscany Lakes Development (Tuscany Lakesl Messina Hillsl Messina Village) to the north was approved with a gross density of 2.34 dwelling units per acre and a school site. Tuscany Lakes Subdivision is an R-4 subdivision with the lot range from 10,000 sq feet to 301000 square feet. Neighboring Ada County Developments are in the 1 acre to 5 acre size range. This development is proposing significantly smaller lots, but within the acceptable limits for a medium density development bordering a low density residential area. ' There have been no recent street improvements in the area. Further, Eagle Road (south of Victory Road) is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Plan (eIP) for roadway widening. This entire development is not currently serviceable by the City of Meridian's sanitary sewer system. Phase 1 shall be served by a connection in Messina Village Subdivision #2, while sewer service for the western and southem phases ofthe development will be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh CanaL If this development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site in cooperation with Meridian Public Works. Staff finds that the subject site is more dense than surrounding proposals and provides a housing type which has not been utilized in the immediate vicinity (Blocks 22-23). The overall proposal is consistent for development in a fashion similar to other properties in the area. E. Will the proposed uses be designed, constructedt operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; The applicant has submitted several front elevations for the proposed single- family homes. If the homes are constructed in substantial compliance with the submitted elevations, they will be similar in design to other residences in the area. The existing character of the area will, and is; currently changing. However, this is one of the first developments to apply for residential uses south of the Ridenbaugh canal. This development will set the tone for how the rest of this area, particularly the south, develops or does not develop. Exhibit G - Messina Meadows The proposed homes must be designed. constructed, and maintained in sifmificant compliance to the recommendations as listed by the Geotechnical experts report. The houses must be designed in a fashion as to not allow any groundwater to enter the crawlspaces, otherwise the housing products should be constructed without crawlspaces. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be physically hazardous to future or existing uses or neighbors in the area, The floodplain must be engineered as to not hinder any floodwaters leaving the site. If a flood event occurs and bulldings impact the flow of water downstream then the use may become hazardous to the neighboring properties. Staff recommends that the Commission and Council rely on staff analysis, comments from other agencies, and public testimony to determine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; This entire development is not currently serviceable by the City of Meridian's sanitary sewer system. Phase 1 shall be served by a connection in Messina Village Subdivision #2, while sewer service for the western and southern phases of the development will be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal. Iftms development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Water to serve this development is existing or currently under development with Tuscany Lakes Subdivision. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees as well as construct on-site storm water drainage facilities. Exhibit G - Messina Meadows Based on the comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be firel police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare ofthe community. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production' of traffic~ noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke) fumes, glare) or odors. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The applicant is proposing to construct one public street entrance into the site from Eagle Road and a public street connection to the site from Amity Road and a stub street at the ~ section line as outlined by the comprehensive plan. The proposed public street entrances to Eagle and Amity Roads have been proposed to ACHD. If all vehicular approaches (streets) are approved and constructed in accordance with ACHD policies, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review any comments from ACHD for this project for additional information regarding this finding. Exhibit G - Messina Meadows K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The comprehensive plan defines the Ten-Mile Creek and Eight Mile Creek as a natural features of importance, as described in the Annexation and Zoning Analysis A. The applicant should make all attempts at preservation of this natural feature, There are many game species in the vicinity which utilize the drainage systems for habitat. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findings listed above, staff finds that the annexation/zoning of this property, as proposed by the applicant, would be in the best interest of the City. Exhibit G - Messina Meadows EXHIBIT H Messina Meadows Subdivision PP~05-019 Preliminary Plat Findings Sections 12-3-3 1.2 and 12-3~5 D read as follows: "In detenninillg the acceptance ofa proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Analysis "A" above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis '"G" above. c. The continuity of the proposed development with the capital improvement program; Because the developer win be required to install sewer, water, and utilities for the development at their cost, staff fmds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; The development will not require major expenditures for providing suppOliing services. Staff recommends the Commission and Council rely upon comments submitted from the public service providers (Le. police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention; other than the floodway and potential groundwater/soils issues previously discussed, no hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems of which staff are aware. EXHIBIT I Messina Meadows Subdivision CUP-05~026 CUP/PD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11- 17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement and lot size requirement and standard setbacks, as. required by Meridian City Code. See Special Consideration #1 below for detailed analysis. Staff finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Staff finds that the proposed single-family residential subdivision, with a gross density of3.58 dwelling units per acre, is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "Medium Density Residential" and BLow Density Residential" (provided the Connnission and Council grant the requested planned development). Please see Annexation & Zoning Analysis "A" above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation & Zoning Analysis "E" above. D. That the proposed use~ if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Exhibit I - Messina Meadows St~ff recommends that the Commission and Council rely upon public testimony, staff s analysis, and other agency comments when determining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shan be able to provide adequately any such services; Please see Annexation & Zoning Analysis "G" and "H" above, the Other AgencylDepartment Comments and Conditions at the end of this report, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation & Zoning Analysis "H" above. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I" above. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic 011 surrounding public streets; Please see Annexation & Zoning Analysis "J" above. The Commission and Council should review any comments received from the ACHD provide for this project when determining this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation & Zoning Analysis "K" above. SPECI~ CONSIDERA TIONS~CONDITIONAL USE PERl\UT I. Reduced Standards: As stated earlier, the applicant is requesting modifications from standard ordinance requirements for street frontage and lot size. Lot Size: The applicant has requested reduced lot sizes; the submitted preliminary plat has lots below the 6,500 square-foot minimum size. Therefore, a modification Exhibit 1- Messina Meadows to the standard R-8 lot size of 6,500 square-feet is applicable. The proposed lot sizes range from 3,600 square-feet to 30,713 square-feet. Lot Frontage: The minimum requested street frontage is 40-feet. There are lots that have between 40-feet and 168-feet of frontage (65-feet is the minimum for the R.8 zone). The Lots located in Blocks 22 and 23 along the private streets and the lots to be accessed through Common Drives also require relief from the minimum street frontage. Staff is supportive of reducing the frontage for some of the lots as it provides lot diversity. Setbacks: The minimum requested setbacks as defined by the submittal of 3/14/05 is detailed above. Staffreconunends that all street setbacks comply with these requests (See Site Specific Conditions-Preliminary Plat). Side yard setbacks shall be five (5) feet and rear yard setbacks shall be 15 feet. Staff would recommend even greater setbacks for lots along canals and waterways to help mitigate any NMID issues. 2. Amenities: MCC 12w6w2.A.3 requires two or more amenities to be provided as part of each planned development. The proposed amenities for the subject planned development include: a 8.S-acre public park, an extensive open space lot system for multi-use pathways and a common lot with a clubhouse and a pool. The proposed open space makes up greater than 10% of the site, 5% minimum is required and it takes 10% to count open space as an amenity. However, on site parking for the public park has not been addressed by the applicant. On-street parking will be limited adjacent to the 8.5 acre park along the collector roadways_ The applicant is proposing parking for the clubhouse located on Lot 3, Block 1 to be located off of Tusa Street. As proposed, staff believes the proposed park and open space areas provide sufficient amenities relative to the size of the proposed development. Landscaped open space means land exclusive of street rights-of- way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. The applicant states that the total open space areas account for 18.68 acres of which approximately 14-acres count toward open space which meets the open space definition in the PD ordinance. No drainage lots, required street buffers, or canal buffers have been included in this calculation. 3. Elevations: The applicant has submitted several front elevation drawings for the proposed dwelling units. Staff believes that the dwelling units will be compatible with the adjoining uses, ifthe buildings are constructed as shown on the submitted elevations. Construction within Messina Meadows Subdivision should substantially comply with the elevations submitted by the applicant Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. See Site Specific Condition #4 below. Exhibit I - Messina Meadows