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Zebulon Heights Subdivision AZ 05-006 ADA COUNTY RECORDER J DAVID NAVARRO AMOUNT .00 BOISE IDAHO 07/13/06 01:48 PM 49 DEPUTY Palli Thompson 1///11/ CR.ECORDE~ -: REQUEST OF 1111//1111111111111/1111111111 Itv of MerIdian 106111627 '--- ~--,----,.~_... DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Traditions by Amyx II, LLP, OwnerfDeveloper THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this :J5*' day of :Junc..... ,2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY', ami Traditions by Amyx II, LLP, whose address is 4850 N. Rosepoint Way, Suite 103, Boise, Idaho 83713 hereinafter called "OWNERJDEVELOPER". 1. RECITALS: 1.1 WHEREAS, "OWNERlDEVELOPER" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A 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. ~ 67 -6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of rc-zoning that the "Owner/Developer" make a written commitment concerning the use or development of the subject "Property"; and 1.3 WHEREAS, "City" has exercised its statutory authority by the enactment of The Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, "OwnerIDeveloper" has submitted an application for annexation and zoning of the "Property's" described in Exhibit A, and has n:quested a designation of (R-4) Low Density Residential District; and 1.5 WHEREAS, "Owner/Developer" 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 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 1 OF 10 -( 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 19th day of April, 2005, has approved certain Findings of Fact and Conclusions of Law and Decision and Ordcr, 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 "Owner/Developer" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "OWNERlDEVELOPER" 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 "OwnerlDeve1oper" to enter into a development agreement for the purpose of ensuring that the "Property" is developed and the subsequent use ofthe "Property" is in accordance with the terms 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 jurisdiction and from affected property 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 ofthe 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 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 2 OF 10 -f 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context ofthe presentation of the same requires otherwise: 3.1 "CITY": means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organiL.ed and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 "OWNERlDEVELOPER": means and refers to Traditons by Amyx II, LLP, whose address is 4850 N. Rosepoint Way, Suite 103, Boise, Idaho 83713, the party developing said "Property" and shall include any subsequent owners and/or developer(s) of the "Property". 3.3 "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-4 (Low Density Residential District) 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 Meridian City Unified Development Code which are herein specified as follows: Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-4 zone, and the pertinent provisions of the City of Meridialt Comprehensive Plan are applicable to this AZ 05-006 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification ofthis Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: "Owner/Developer" has submitted to "City" an application for conditional use permit site plan dated January 26, 2005, and shall be required to obtain the "City'" approval thereof, in accordance to the City's DEVELOPMENT AGREEMENT (AZ 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 3 OF 10 "'t 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 "Property" that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP /PD application. All future buildings shall require approval of a detailed CUP prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. "Owner/Developer" shall develop the "Property" in accordance with the following special conditions: 1. That the "Owner/Developer" will construct a continuous multi-use pathway from the west property line throughout the site to the south of the property line. Further, the "Owner/Developer" agrees to provide the City with all legal descriptions for any portions of the multi-use pathway that are off-site (under ACHD ownership and church ownership), prior to final plat signature. 2. That the "OwnerlDcvc1oper" 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. 3. 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 nut 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. 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/Developer" or "Owners/Developers" 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, and after the DEVELOPMENT AGREEMENT (AZ 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 4 OF 10 "<. "City" has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67- 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: 8.1 That the "City" provide written notice of any failure to comply with this Agreement to "Owner/Developer" and if the "Owner/Developer" fails to cure such failure within six (6) months of such notice. 9. INSPECTION: "Owner/Developer" shall, immediately upon completion of any portion or the entirety of said development of the "Property" as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the "City" that apply to said Development. 10. DEFAULT: 10.1 In the event "Owner/Developer", "Owner/Developer's" heirs, successors, assigns, or subsequent owners of the "Property" or any other person acquiring an interest in the "Property", fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the "Property", this Agreement may be modified or terminated by the "City" upon compliance with the requirements ofthe Zoning Ordinance. 10.2 A waiver by "City" of any default by "Owncr/Developer" 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/Developer's" cost, and submit proof of such recording to "Owner/Developer", prior DEVELOPMENT AGREEMENT (AZ 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 5 OF 10 "'( to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the "Property" by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 12. ZONING: "City" shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance wning the "Properly" as spt:l.lified herein. 13. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either "City" or "OwnerfDeveloper", or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may he sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 13.1 In the event of a material breach of this Agreement, the parties agree that "City" and "OwnerfDeveloper" shall have thirty (30) days after delivery of notice of said breach to correct 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 cannot with diligence bc cured within such thirty (30) day period, if the defaulting party 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 of the same with diligence and continuity. 13.2 In the event the performance of any covenant to be performed hereunder by either "Owner/Developer" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 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 ~12-5-3, to insure that installation ofthe improvements, which the "Owner/Developer" agrees to provide, if required by the "City". DEVELOPMENT AGREEMENT (AZ 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 6 OF 10 ~ "- 15. CERTIFICATE OF OCCUPANCY: The "Owner/Developer" agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the "City" and "Owner/Developer" has 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 "Owner/Developer" agrees 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 Meridian. 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 certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERJDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Traditions by Amyx II, LLP 4850 N. Rosepoint Way, Suite 103 Boise, Idaho 83713 Meridian, ill 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 17.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 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 DEVELOPMENT AGREEMENT (AZ 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 7 OF 10 '. determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 19. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so [ailing to perform. 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/Developer" 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 "OwnerlDeveloper", to execute appropriate and recordable evidence of termination of this Agreement if"City", in its sole and reasonable discretion, had determined that "Owner/Developer" has fully performed 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 "OwnerlDeveloper" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, betwecn "Owner/Developer" and "City", other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City", 22.1 No condition governing the uses and/or conditions governing re-zoning of the subject "Property" herein provided for can be modified or amended without DEVELOPMENT AGREEMENT (AZ 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 8 OF 10 '- 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 Olf AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER /DEVELOPER TRADITIONS BY AMYX IT, LLP -~~~~ By: CITY OF MERIDIAN Attest: By:~6 ~ ----- \\ \ \" $A..R~ 11. JV"'" d.U, I ,i?re..l /d ~^,,(r ", cJ:- II. , 'I ,,'\ ---( 1;.1 · ;:;~------ $' 'f, (!,~ ~ft1""""ec:G '-2 7-Pb - ~ - - E ~ SEAL ;. 7. ,.Q ~ ~ ~ ,~, ~ \ "'("j -'~r 1<<1 . R ! "+ """f ~ .L'\'f' ,__' II "" " 1111 "f'(, "" fIll \\\' DEVELOPMENT AGREEMENT (AZ 05-006) 2gtiVe8N HEIGHTS SUBDIVISION PAGE 9 OF 10 STATE OF IDAHO ) : ss County of Ada ) On this ~ day of fl. l ~ ^ . , 2006, before me, the undersigned, a Notary Public in and for said State, pe~d I" J J /j- /l.<~ y: OP.-J behalf of Traditions by Amyx II, LLP, known or identified to e to be the SR..e...$, J '- tl -r of said corporatiun, who executed the instnunent on behalf of said corporation, and acknowledged to me that they executed the same. IN WITJ::i1i68'W~REOF, I have hereunto set my hand and affixed my official seal "~t..M ., the day and ~'l\i'it !~lh\~df~te first above written. l"o~ ... ..'"[P~-'" ~().. .. \. i l +o1AR~ \ * \ ! : _.- : : ... va = (SEAL) \~W~I ~'l'B O'f \~ ......... I 1- ',/l Zdl 0 STATE OF IDAHO ) : ss County of Ada ) On this ~.,~ day of 3u ne..... ,2006, before me, a Notary Public, personally appeared Tammy de Weerd and William G. Berg, Jr., know or identified to me to be tht: Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tg.;~~~ year in this certificate first above wriuen .. Il.U At. .. j .. tt~~~---" Q.. ... //~Ol'~"'~.. '- (\M~N uU (SEAr: ... ~~\~~ Notary Public for Idaho . : 1 : Residing at: ell \ d l\ J( \ \ ) 0 ':tn' , · C'" \ ~ \~ l : ommlSSlOn expnes: IG -I -l \ ""', '. ~~"'" Ie .,,/ .. DEVELOP~.~T (AZ 05-006) ZEBULON HEIGHTS SUBDIVISION PAGE 10 OF 10 Jan ~5 2005 11:24AM E9""ineering Solutions 2rQ 938 0941 P _ 1 i I. i Jan 25 05 C: 10s [ dano Survlitl:' Group [2DBl 894-5399 P-f IDAHO SURVEY GROUP . I 1450 EanWatertowe,,!St. Suite 150 ! M6ridiao, Idaho 83642 ! i Phone (208) a*SS?q "wr: (lOB) 881.53" I ;. P'f oect No. 04-162.00 DQCcmber 9, 2004 Revised January 25, 2005 ZEBULON HEIGHTS ANNEXATION D~SCRIPTION A parcel of land located in the Nonhcast Y4 of Section 32, TAN., R.IE., 8.M., County, Idaho, more particularly described as follows: BEGINNING at the v.. er common to Section 29 and the said Section 32, fiom which the Northea51 com~ of Section 32 bears North 89"54'46" East, 2655.65 feet; TheDce North 89"54'46" East, 663_91 feet to the Northeast comer oftbe NW Yt of !4 oftheNE ~~ Thence along the East line of said NW 1,4 ofthe NW y.. of the NE Jj.. South oon 2'11" West. 661.49 feet to the Southwest comer ofthe Northeast y., ofthe Northwest Y40 the Northeast If~ Thence North 89"57'33" East, 664.13 feet to the Southeast comer of the Northeast y. 0 the Northwest Y<i of the Northeast ~ lying on the West boundary of Ma.dison Park No.2 Subdivision, as same is recorded in Book 75 ofP]ats a.t Page 7767. records of Ada Co ty, Idaho; Thecce along said West boundary and the West boundary of Madison Park No.3 'vision. as same is r~orded in Book 77 of Plats at Page 8092, records of Ada Co ty, Idaho, South oon31 '00" West, 662.03 feet to the Northeast 1/16 comer of said See ion 32; Thence continuing South 00031'00" West, 882.72 feet; Thenco South 89051'55" East, 563.40 feet; Thence South 00030'03" West, 441.19 feet to a point on the East~Westmida sect on line, common to the North line of Jasmine Acres, a subdivision recorded in Book 59 plats at Page 5829, records of Ada County, Idaho; Thence along said line North 89049'16" West. 1892.04 feet to the Center of said See on 32; Thence along the Bast line ofHeritagc Su.bdivision No.2, as swne is recorded in 23 of plats at Page 1452, records of Ada County, Idaho, North Ooo30'3T' East, Professional Land S~rveyo,.s E~.ineering Solutions \. Idaho Surve~ Group 20EJ 938 0941 Jan 25 2005 11:24AM , (20BJ 894-5399 Jan 25 05 0:10. 13 0.06 feet to the C-N 1/16 comer, common to the Northeast oomer of said Heritage Su division No.2; Thence along tbe West line of the NW ~ of the NE Yo. North 00D33 '22" East, L3 1.92 feet to the Point of Beginning. Containing 76.29 acres, more or less. RE\lltfi ~$ .., )L--' ~'--,~ ,\~" 1. ~ 1\}\}li N \'l\J\3\..\C \'J\E.RI01p... c oEP". '/'JOB>''' p.2 i I' p.B i' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of a Request for Annexation and Zoning of 76.29 Acres from RUT (Ada County) to R-4 (Low Density Residential) AND Preliminary Plat Approval of One- Hundred.Seventy-Five (175) Single.Famlly Residential Building Lots and Twenty (20) Other/Common Lots AND Conditional Use Permit Approval for a Planned Development with Reductions to Lot Frontage, Increased Block Length and Reduction in Density to Less Than Three (3) Dwelling Units per Acre for Zebulon Heights Subdivision No.2, by Traditions by Amyx II, LLP. Case No(s): AZ-05-006, PP.05-008, CUP.05-019 For the City Council Hearing Date of: April 19, 2005 A. Findings of Pact 1. Hearing Facts a. A nutice 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 April 19, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jwisdiction 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 Commission 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 in8Idaho Code ~67-6S09, 6512, and Meridian City Code ~~ 11-15~5 and 11-17-5 as CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05.006/ Pp.05-008 / CUP.OS-019- 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 application(s), it is hereby verified that the property owner(s) of record at the time of issuance ofthese fmdings is Traditions by Amyx II, LLP. 4. Required Findings per Zoning and Subdivision Ordinl:lI1ce 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.C. ~67. 6503). 2. The Meridian City Council takes judicial notice ofits 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 COlI~prehensive 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 ~ 11-17-9. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the 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 November 23,2004 as shown in Exhibit B, the Site Plan dated November 23, 2004 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 MERJDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-o061 PP.05-008 I CUP-OS..o19- PAGE 2 of 5 C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 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 November 23, 2004 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated November 23,2004 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 pennit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context Ustructures" 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. If the 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 [mal 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 phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that 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 of the final plat. After approval of final 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-OS-006 I PP'()5-008 I CUP-OS-O 19- PAGE 3 of S 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 ~ 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. Legal Description Approved Preliminary Plat (with conditioIl5) Approved Site Plan (with conditions) Annexation and Zoning Comments Preliminary Plat Site Specific and Standard Conditions CUPIPD Site Specific and Standard Conditions Zoning Amendment Findings Preliminary Plat Findings CUPIPD Findings By ~.!!.~p of the City Council at its regular meeting held on the ~iJ\ ,2005. F. Exhibits Exhibit A: Exhibit B: Exhibit c: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: ,q-\h day of VOTED~ VOTED~ VOTED~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED ---4l'L. VOTED . .-. MAYORTAMMYdeWEERD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-O06/ pp-os-OOS / CUP-OS-019. PAGE 4 of 5 ~ (TIE BREAKER) Attest: and City Attorney. By: City Clerk's Office Dated: 4 ~ lq ,.05 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-OO6/ PP.OS-008 I CUP-oS-019- PAGE S ofS '-:, EXIllBIT A Zebulon Heights Subdivision No.2 AZ-OS.006 Legal Description (3 pages) -. . ~,. .- _.~~ .. .._._......._____.... .__ ,,_ .'~__~~ 'h .."..---_._.. I~n e~ eo~~ 1 !:24RP gntln~.rln( ~nl~~le~~ 2(J6 ~'<j !"is., 1 I . ~5 (J'5 lU: ~u.. Irt.ho S~r~.w O-gUP C20B! &8...-~ge5 .J.... r. <. Ii IDAHO SURVEY GROUP I ""Rl ~.. ....'n....""".. S'- Suitt 151 ,......1 ..... Idoh<I ~J&oI) . ..lo...... (_, ~$;>U ,,- ~t M1.U" . - -~- ~.....I~-.. ~rCCI So. 04-162-0>.1 Occcmhr '1, 2C1O<l k.m.=o 1_1It)'25-, ~OO5 u.n.ol'i JD:iCHTS ANNEXATlON VESCIUPTIoN "ptze-' flit 1.,.11 I~_d mill.. Narlheasl V. ofScctioJl 32, t .4N., R IE. S_ M__ ...~ c-.Iy, Jdlha, _ ~.rty .....bold ... lOu......, llECINNL"lG -' 1h~ y, ~",OI' w_n IQ SOCiMl29 .., lbt: DId S=tioc .12; fi'om w.b.icb thOl Norih~all ~<mior Dr I.Illc! SIGIiOll31 beln NorttI 89"$4'46" Ea&, 26S5.6S fer!; I tThmGC Nortb 89"54'46- 8MI, 663.91 foot l<> 1bc NodbGuI c<>me< "r tho; NW I. o{ 11m ~. or !h. 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ACNlI. & _bo4ivl8lon n:oconll!ld b Book 59 -plaia U p. 5U9, l'eGOfdI of Ada ('A)UrJty, Waho. Then=e ~".J! .~d line l\lCIrIb 89"'19'16" We"" 1892.04 fftt lD th~ C.anll'!' or ~"id "1\32; ThDllC8 "IonS IJlC eat 1hz onJenlil~ Sllbdi\'i~IDn No. Ol. &lI_ i~ r~"nr~o-J '" Z3 <!fJ'lats.. p.... J~jz. rto:Qrd. Dr ,ouI&Counly.ldaha. N'O'Ith OO"3ll'17"li!"T, Pr"(,,'.;~n,,,1 t."".' :S"'vc,,,,. ~- 1" 1 '. '. .I,n 2'fi ?O~~ t~;?4t,N 1;"'~I".r"'~n:,. "~clur.~(",~" ,:,ot=! f:r~"'.:t (ItH1J .,.." .2,-> "~ ~ 0, ! 0. ld....c SLII'" ....~ Gr.Ql..If' '2013' S'H - 5."~:; 131O.06 feel to cbc CoN 1/16 camer. cORlmon \<l ~ NQ"heGsl cornc:r ohllid ~'~l'8e SuWj"i~io" No. "2. J Tho","", aJOIIS t~ West line o( lllc; NW '" of 1te~"E ~ NClI'ltt 1l(l"3j ':22w fas~, 13r 92 he! 10 the I'ainl of B"JINlinl!. CetllUnl08 710.10......""" "'OR or I...... ?".'" ~~..\ (Jft-~_.- ~'l .'i. r '~_ ~ ,'II- ..,"' .,1' ~4 ". , --.- . ._-- ~r C' L ;'o-.E ~, -~- -----~-~ LEE"'-' ~":'!!:': ~ .r ", 1 I I t" : J,..U !-L1 ~ ' I ' I .:_ __-'~ ,7::'r"~..L._I-_L.._ 1-- :-lI~: I ! ~ I U .! ! =:~; g- ~ I " Lh_--UlM-'U_U1!' I II ' [ --'1 ~ i r~ ! I!l I I ,. ~ - ~~I ~ _.::: . ,," . , I : I ----I ~ ! @ I "-' 'I ~ ",-', "f~,(1 ~r"""-- I t.~' \~'( - P=--- : i : ., I I I , . ". ;.~\ i'-'j(~l\~ : ~~i .: ._~,' I",;,;:;~,,:_,:,_\'T L..~,_._~ · : II i .:; , '~ I p : LII ,.! r' if , I - y--Lu--.-n-----.----n__.-----.-.-r--~-----J c.,. \ I ; I " i i ~Wl ! I J 'I: I II " I: ; II UHI . . II ~ '1::, . I' I I:IIBULOlII IIIR&IrnI ~.., nBDIVIIIIlCIfI' MIa.:a X ~ S I 'WIIIIr;'I.~==III,"..r...., "'IIIII"~" '" ~ 1'1_,"''''''''' lailliW:J l' .l&e;.>!i.!ll!....!li. ~~ _too._,1,I# ~.""'''_III~. ~~ ...,." ~':;.:!.' ""'1i.t.PX"""..~\ Il~ . ...:ta:.0\._ .~.Nm..__~, ::::.=:~=- : III ~ . .. - n_~ " ,!. Zebulon Heights Subdivision No.2 PP~05-008 .._,.,~~roved Preliminary PI!.~ . ~~. .. '" _.. EXBmIT B Jwtm]1 . ( . I ~I I':" 'T~ .... ... "IIIIIIII....._........~ "'-. ~-~.. - .;:.~._H'J<....._....__ III i . . ~ I fid i ~ II't n'" Ij LL ( -, , - . 1111: \ \. i III : I , II 't: ;' -I , (' 'I 'I I \I, i J'fHHt'HWI ',tlin ~ ;11 I I ' I ~1~1..I:Wllt !1 J IUIH;llIf ~ 'iHHhUU j !~ ! I I I , i l n ii '1 'IJ!, I '. I.lil i I'! I ' h EXHmIT C Zebulon Heights Subdivision No.2 CUP-05-019 Approved Site Plan .-'-I-....-..............._..~. ....-... ,... ., '_ .r" n '..'.r~~~.u -.olft!O~r~ t '!: I:J il!r ~:i; ~H t j,' ~~J i 1[1.' 1", '~J ;!if ; .-:~ l~t" 11"1 .." ;lIh. :11:.1" ,j,;Q : ~''i!:' 'r~e.'i:.f- . , Mio~ ""..:~ , ' , ,'""", I~"'I ,. \ ~~. :lr~ I ' .. I ,', li 1'0<, "1"'" - ,'~!\ ;,';~r \.' ~ , , :,. ~ : ,'t, b! :,. j , ,:_~",'l ,j"l f~L:w " -".. \C~,.."i' " , ; , . ., ~::;i.j __._z: . ~Il:d-:.;.~ ! , lu I ~ I 1': I, II'! I ~ ; i 1\1 ' II ' : 'I j II: I, : I &ig~I~r:'PI. in F', l '\' ,II dP"l,~ ", 'l~n.1 , ; t , I J,tl... [! l' Pj II 11: !l!WWH llf!i~p-ni Lit ~qf l !! :j ;4 ;:; ; '" .l ;. ZIlBvLOti"iGJoan . r-' ...~ ------' IIVBD11'QIIOft !fO. · ~., I IT-._....~ I ~ J.:tf1."'.'cr.'Ct~. I ".. ~~~::-;-I ~ ,'. _ ..t~~" J ,d ~~':~~',,: h.;::';,,:;:~;_~r,~. J ""_"'~'IIr'M . "_ :':=:..~':::"_ r:~~~Ui-r":t _....~~l.,_I.....'I".._. .....~....\I.~,ok.,,_._~Ir,a...' I . .- .~.- - - jp.~~~;~~r.=.~._,.;"_=":'~..:.:... ,. __. i EXHIBIT D Zebulon Heights Subdivision No.2 AZ-05-006 Annexation and Zoning Comments ANEXATION & ZONING COMMENTS 1. The legal description submitted with the application (dated 12-9-04, amended 1-25- 05, stamped by D. Terry Peugh) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved. 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 adoption), and the developer. The aoolicant shall contact the City Attorney. Bill Narv. at 888-4433 to initiate this nrocess. The DA shall incorporate the following: . That the applicant agrees to construct a continuous multi-use pathway from the west property line throughout the site to the south property line. Further, the applicant agrees to provide the City with all 0ooement&-and legal descriptions for tfte any portions of the multi-use pathway that are 0Ull'ently off-site (under ACHD ownership and church ownership), prior to final plat signature. . That the applicant will be responsible for all costs associated with the sewer and water seIVice 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 a.'l 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 to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. EXHIBIT E Zebulon Heights Subdivision No.2 PP-OS-o08 Preliminary Plat Site Spedfic and Standard Conditions SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT) 1. The preliminary plat prepared by Engineering Solutions, LLP, dated 11-23-04, is approved, with the conditions listed herein. All conditions of the accompanying Annexation/Zoning (AZ-OS:'006) and Conditional Use Permit (CUP-05-006) application shall also be considered conditions of the Preliminary Plat (pP-OS- 008). 2. In addition to the street system proposed, construct a public stub street to the S- acre Wagnild parcel (Parcel No. S0532427810) to the south. 3. The submitted 2-page landscape plan prepared by Harvest Design, Inc., dated 1- 19-0S is approved as submitted, with the following modifications: . If allowed by ACHD, install one tree for every 3S-feet of frontage on the McMillan Road right~of-way. Coordinate the license/maintenance agreement with ACHD for any landscaping within the right-of-way. . In addition to sidewalk, construct a minimum 10-foot wide gravel shoulder along McMillan Road and landscape the remaining portion of the right-of-way with lawn or other ACHD approved groundcover. Coordinate the license/maintenance agreement with ACHD for any landscaping within the right-of-way. . The applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection/mitigation plan for the existing trees on site. . All areas being counted toward the open space requirement shall be free of "wet ponds" or other such nuisances. All stonnwater 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. 4. Except for the North Slough (aka Settlers Canal), 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 City Ordinance 12- 4-13. 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't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. 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 inigation 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 smgle-point connection 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. 6. Prior to signature of the final plat by the City Engineer, all structures on this site shall be removed. 7. 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. .8. All portions of buildings located on all lots within the development should be within ISO-feet of a paved swface (as measured around .the perimeter of the building). A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances shall be separated by no less than Y: the diagonal measurement of the project. Prior to issuance of the 51 st building permit, a secondary emergency access approved by the Meridian Fire Department shall be provided. 9. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building pennits. 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 12-4~1O. Fencing adjacent to any section of the multi-use pathway shall be installed in accordance with MCC 12-13-15-9. The applicant shaD construct wrought iron fencing on both sides of the N ortb Slough (for mulU;'use pathway visibility). 10. Maintenance of all common areas shall be the responsibility of the Zebulon Heights No.2 Homeowners' Association. 11. Pennanent sanitary sewer service to this development is to be provided by the undeveloped North Slough Trunk. Temporarily sewer service will be provided by the Lift Station serving Vienna Woods Subdivision. At this time sewer does not exist at the location the applicant has shown on the preliminary plat. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Deparbnent. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide senrice. If this application is approved, it shall be subject to availability of the sanitary sewer. The applicant shall also be responsible for any upgrades to the lift station that may be necessary to increase the capacity to handle this development. 12. Water service shall be from extensions of the existing main in E. McMillan Road, and the future phase of Settlement Bridge. 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 pn)vide service. 13. Direct lot access to McMillan Road is prohibited. A note shall be placed on the final plat restricting access to McMillan Road. 14. The City recommends that the applicant coordinate with the Parkins~Nourse User's Association on coming up with a solution to the existing access problem to the irrigation pipe adjacent to Wainwright Drive in Boise City. GENERAL CONDITIONS {PRELIMINARY PLAn 1. All grading of the site shall be perfonned in conformance 'with MCC 11-12-3H. 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 required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape and fencing 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 tire hydrant placement with the City of Meridian Public Works Department. 6. Two-hundred-ftfty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections andlor fire hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pemrit 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 coD$idered 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 lOO-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall nol 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 normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least l~foot above groundwater. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. 10. Any existing domestic wells and/or 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 buildipg pads receiving engineered backfill, where footing would sit atop fill material. 12. 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 normal groundwater elevation. 13. The applicant shall be required to pay Public Works development plan review, and construction inspection fces, as determined during the plan review pro~s, prior to signature on the final plat per Resolution 02-374. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. . 15. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 16. Staffs failure to cite specific ordinance provisions or tenus of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 17. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2.4. OTHER AGENCYIDEPARTMENT COMMENTS " CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require 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 of 500' 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 ofthe hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. 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 IFC Section 509.5. 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. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. 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 ~ 50 homes. The two <, entrances should be separated by no less than IA the diagonal measurement of the project. 8. The proposed 175-lot subdivision with an estimated 2.9 'residents per household would have a total estimated population of 508 residents at build out. 9. 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 facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the buildmg. 11. ~Je I'erkiag sigHS fU'ld paiHteEl e1:lfBS vlill he FefltiifeEl fer all fire Lan03. 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. 2. Standard for City to asswne 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. ADA COUNTY HIGHWAY DISTRICT SITE SPECIF1C CONDI110NS OF APPROVAL 1. Enter into a cooperative development agreement for the allocation of costs for the sidewalk on McMillan Road abutting the ACHD storm drainage ponds (approximately 66s.feet.) 2. Construct the main entrance. Caroas Creeks Avenue, to intersect McMillan Road in alignment with the main entrance into Austin Creek Located on the north side of McMillan Road. 3. Construct East Wainwright Drive (from the east property line to Lot 20 Block 10) as a residential collector with no access or front-on howing. Construct this segment of Wainwright Drive as a 30-foot street section with vertical curb, gutter and S-foot concrete sidewalks within SOfeet ofright-of-way. as proposed. 4. Construct the remainder of the local streets as 36-foot street sections with rolled curb. gutter and sidewalk within SO-feet or right-of-way, as proposed. 5. Extend Wainwright Drive into the site from the east property line adjacent to the north property line, as proposed. 6. Construct a stub street to the south property line approximately 460-feet east of the west property line, as proposed. Install a sign at the tenninus of the roadway stating. "This roadway will be extended in the future." 7. Extend a previously approved stub street from the west property line approximately 875-feet south of McMillan Road, as proposed. 8. Extend Rochester Drive from the east property line approximately 138-feet south of the north property line, as proposed. 9. Construct a stub street to the east property line approximately 370-feet north of Wainwright Drive, as proposed. Install a sign at the terminus of the roadway stating, "This roadway will be extended in the future." 10. Provide access to the located to the east of this site just north of Wainwright Drive, by constructing Wainwright Drive as a "quasi-stub street" that runs along the north property line of this site, as proposed. Construct Wainwright Drive as a full 36.foot street section and place the right-of-way line abutting 7.260, 1.19, S.O-acre sties to provide them with future access to the public transportation system, as proposed. 11. Construct six (6) cul-de-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 45-feet. 12. Construct an eastbound right turn lane on McMillan Road at the McMillan Road and Camas Creek Way intersection, as recommend by the submitted traffic impact study. Coordinate the design of the turn lane with District staff. 13. Construct a westbound left turn lane on McMillan Road at the McMillan Road and Camas Creek Way intersection, as recommended by the submitted traffic impact study. Coordinate the design of the turn lane with District staff. 14. If the applicant chooses to landscape the storm drainage ponds, the applicant shall obtain a license agreement and have the landscape and sprinkler plan reviewed and approved by the ACHD Drainage Division. IS. Comply with all Standard Conditions of Approval. 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 of Idaho 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 pennits), which incorporates any required design changes. 7. Construction, use and property development shall be in conformance with all applicable requirements of the Ada COWlty 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 all existing utilities within the right-of.way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIG LINE (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 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. MERIDIAN POLICE DEPARTMENT 1. Portions of the proposed . development do not offer natural surveillance opportunities of the public areas. The applicant should meet with the Police Chief to discuss features that increase visibility of the multi-use pathway where natural surveillance is not ideal. 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 adjacent to a pathway. , CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subswface to prevent impact to groundwater and surface water quality. 5. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. SETI'LERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility invo1vcd is the North Slough (Settlers) Canal (60' easement), Little Lateral (20' easement), and the Parkins Nourse lateral (30' easement). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers hrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre-construction meeting. EXHIBIT F Zebulon Heights Subdivision No.2 CUP-OS-OI9 CUPIPD Site Specific and Sbmdard Conditions SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/PD) 1. The PD site plan prepared by Engineering Solutions, LLP, dated 11-23-04, is approved, with the conditions listed herein. The applicant shall meet all of the requirements of the Annexation/Zoning (AZ-OS-006) and Preliminary Plat (PP- OS-08) as a condition of the Conditional Use Pennit (CUP-OS-006). 2. The project shall conform to the R-4 dimensional standards, except as follows: · Minimum frontage: 50-feet (non cul-de-sac lots). · Block 7 is allowed to exceed the I,OOo-foot block length. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this CUP application. , 3. The following amenities are required as part of the Planned Development, per the application: playground equipment on Lot 1, Block 6; a swimming pool with restroom/locker/changing areas and playground equipment on Lot 5, Block 8; a multi-use pathway throughout the development; and, g. Five (5) percent of the site set aside for open space (exclusive of the channel for the North Slough). Said multi-use pathway shall be construct a minimum of lO-feet wide. Prior to signature of the final plat, a permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the multi-use pathway. The easement(s.) shall be sufficient width to cover the lO-wide pathway. Additionally, a note shall be add~ to the face of the fmal plat(s) indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. The applicant shall be required to obtain a Certificate of Zoning Compliance (CZC) from the City prior to construction of any ,pennanent structures on the proposed park lots. 4. The applicant shall work with Meridian Planning & Zoning staff and ACHD staff on striping, signage, or other means to create an efficient multi-use pathway crossing of the public streets. The applicant shall install signs or other means to inform the traveling public (striping crosswalks, etc.) of pathway/street intersections (where deemed appropriate by ACHD staff and City 5tafi). 5. Construction within Zebulon Heights Subdivision No. 2 shall substantially comply with the seventeen '(17) 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 Building Code. OTHER AGENCYIDEPARTMENT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT I. One and two family dwellings will require 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 of 500' 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 comers when spacing permits. 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 providod to meet the requirements of the IFe Section 509.5. 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. Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. 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 two entrances should be separated by no less than !h the diagonal pleasurement of the project. 8. The proposed 175-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 508 residents at build out. 9. The proposed project lies outside the fivC7minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to J enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically. defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 10. All portions of the buildings located on this project must be within 1 SO' of a paved surface as measured around the perimeter of the building. 11. No parking signs and painted curbs will be required for all Fire Lanes. 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. 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. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDITIONS OF ApPROVAL 1. Enter into a cooperative development agreement for the; allocation of costs for the sidewalk on McMillan Road abutting the ACHD stonn drainage ponds (approximately 665-feet.) 2. Construct the main entrance, Camas Creeks Avenue, to intersect McMillan Road in alignment with the main entrance into Austin Creek LOcated on the north side of McMillan Road. 3. Construct East Wainwright Drive (from the east property line to Lot 20 Block 10) as a residential collector with no access or front-on housing. Construct this segment of Wainwright Drive as a 30-foot street section with vertical curb, gutter and 5-foot concrete sidewalks within SOreet of right-of-way, as proposed. 4. Construct the remainder of the local streets as 36-foot street sections with rolled curb, gutter and sidewalk within 50-feet or right-of-way, as proposed. 5. Extend Wainwright Drive into the site from the east property line adjacent to the north properly line, as proposed. 6. Construct a stub street to the south property line approximately 460-feet east of the west property line, as proposed. Install a sign at the tenninus of the roadway stating, "This roadway will be extended in the future." " 7. Extend a previously approved stub street from the west property line approximately 875-feet south of McMillan Road, as proposed, 8. Extend Rochester Drive from the east property line approximately 138-feet south of the north property line. as proposed. 9. Construct a stub street to the east property line approximately 370-feet north of Wainwright Drive, as proposed. Install a sign at the terminus of the roadway stating, "This roadway will be extended in the future." 10. Provide access to the located to the east of this site just north of Wainwright Drive, by constructing Wainwright Drive as a "quasi-stub street" that runs along the north property line of this site, as proposed. Construct Wainwright Drive as a fu1136~foot street section and place the right-of-way line abutting 7.260, 1.19, S.O-acre sties to provide them with future access to the public transportation system, as proposed. 11. Construct six (6) cui-dc-sac turnarounds without center islands within the subdivision, as proposed. Construct the turnarounds to provide a minimum turning radius of 4S-feet. 12. Construct an eastbound right turn lane on McMillan Road at the McMillan Road and Camas Creek Way intersection, as recommend by the submitted traffic impact study. Coordinate the design of the turn lane with District staff. 13. Construct a westbound left turn lane on McMillan Road at th~ McMillan Road and Carnas Creek Way intersection, as recommended by the submitted traffic impact study. Coordinate the design of the turn lane with District staff. 14. If the applicant chooses to landscape the storm drainage ponds, the applicant shall obtain a license agreement and have the landscape and sprinkler plan reviewed and approved by the ACHD Drainage Division. 15. Comply with all Standard Conditions of Approval. STANDARD CONDITIONS OF ApPROVAL 1. Any existing irrigation facilities shall be relocated outside ofthe 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 pennit (or other required permits), which incorporates any n:quirel1 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 all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1 ~ 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 tenns 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 District. The burden shall be upon the applicant to obtain written continnation 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 aU 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. MERIDIAN POLICE DEPARTMENT v. 1. Portions of the proposed development do not offer natural surveillance opportunities of the public areas. The applicant should meet with the Police Chief to discuss features that increase visibility of the multi-use pathway where natural surveillance is not ideal. The site plan andlor 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 adjacent to a pathway. CENTRAL DISTRICT HEALTH DEPARTMENT 1. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Deparbnent of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stonnwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. S. The Engineers and architects involved with the design of the subject project shall obtain cUlTent best management praotices for stormwater disposal and design a stonnwater management system that prevents groundwater and surface water degradation. SEtTLERS IRRIGATION DISTRICT 1. All irrigation/drainage facilities along with their easements must be protected and continue to function. The facility involved is the North Slough (Settlers) Canal (60' easement), Little Lateral (20' easement), and the Parkins Nourse lateral (30' easement). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. ' 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. . 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District y. own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre~construction meeting. EXHIBIT G Zebulon Heights Subdivision No.2 AZ-OS-006 Zoning Amendment Findings According to Meridian City Code (MCC) 11.15-11, General Standards Applicable 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 tenus of the folluwing standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in I 1-15-11 and analysis by City Council: A. Will the new zoning be harmonious with aDd in accordance with the Comprehensive Plan and, If not, has there beeD an application for a Comprehensive Plan amendment; In Chapter VII of the Comprehensive Plan, 'mediwn density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. The applicant is requesting that all the subject site be zoned R-4 (Low Density Residential). The R-4 district allows for a maximum of four (4) dwelling units per acre (MCCll-7-2.C). Although the requested zoning designation, R-4, allows densities consistent with thc medium density Comprehensive Plan designation, the proposed residential density is only 2.4 gross dwelling units per acre. The Comprehensive Plan does allow a one step increase or decrease in residential areas without amending the Comprehensive Plan. Due to the existing one.acre lots in Heritage Subdivision to the west, City Council believes that a step down in density is justified here. If the City approves an R-4 zone (and associated PP and CUP applications), the proposed zoning/density will allow a smooth transition from the estate lot sizes in Heritage Subdivision to the urban lots in Madison Park to the east. Further, City Council finds the following Goals, Objectives, and Action items contained in the 2002 Comprehensive Plan to be applicable to this application (analysis is in italics below policy): . "Develop and maintain greenbelts along waterways."- (Chapter V, Goa11, Objective A, Action item 4) The applicant is proposing to leave the North Slough open abutting this site. In accordance with the Comprehensive Plan. the applicant is proposing to construct a Multi-Use Pathway along the slough and throughout the development, thereby enhancing the natural features and the development. T. · "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal I, Objective C, Action item 4) If the applicant complies with the conditions in this report, the development will meet the standards for landscaping, signage, fences and walls outlined in City Code. . "Require usesbIe open space to be incoIporated into new residential subdivision plats." (Chapter VII, Goal IV, Objective C, Action item 3) The applicant is proposing to set aside approximatel~ 8 percent of the site as open space. In addition. in the applicant's letter (from Shari Stiles) other Comprehensive Plan policies are listed supporting the annexation and proposed residential use of the property. Citv CouncU finds that if the aDDlleant comDlies with the conditions included in this reDO". the overall design of the subdivision would be in Heneral con(ormance with the Citv of Meridian COIIIDrehensive Pltm. B. Is the area included in the ZORing amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat proposing single-family lots on the subject site (Zebulon Heights No. 2 Subdivision, PP-05-008). City Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP 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 Dew zORing -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that the proposed singh~-fami1y development could be allowed within the requested R-4 zone, if the accompanying Conditional Use Pennit for a Planned Development is also approved. D. Has there 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 simllar to the proposed rezone area; City COlUlcil finds that other properties in the area have been developed in a manner similar to the proposed subdivision, with single-family dwelling units. ., Austin Creek Subdivision to the north and Madison Park Subdivision to the east have gross densities of approximately 4 dwelling units per acre. Heritage Subdivision to the south has a residential density of approximately 1 dwelling unit per acre while Settlement Bridge Subdivision has a density of 3.7 dwelling units per acre. There have been no recent street improvements in the area. This section of McMillan Road abutting the site is in ACHD's Capital Improvements Plan (eIP) for road widening in 2015. Locust Grove Road in this area is not currently scheduled within ACHD's Five Year Work Program or Capital hnprovements Plan (CIP) for roadway widening. Other urban services, such as sewer and water, are near to this site and the applicant should be able to extend such services to the site. City Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. E. . Will the proposed uses be designed, constructed, operated. and maintained to be harmonious and appropriate ill 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; City Council finds that the requested zoning and proposed density is within the anticipated range for a lower density urban project. Further, based on the Comprehensive Plan, City Council believes that some of the existing large county parcels in the area (south and east) will redevelop with similar densities in the near future. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious with. and appropriate in appearance with, the existing and intended character of the surrounding area. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. . F. Will the proposed. uses not be hazardous or disturbing to existing or future neighboring uses; The applicant has submitted seventeen (17) front elevations for the proposed dwelling units. City Council believes that the design of the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. City Council does not anticipate that the proposed residential uses will be disturbing or hazardous to existing or :future uses as long as the conditions outlined in this report are complied with and house construction is conducted in a manner consistent with City Code. G. Will the afea be served. adequately by essential public facilities and services such as highways, streets, pollee and fire protection, drainage structures, refuse disposal, water, sewer or tbat the penon responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Pennanent sanitary sewer service to this development is to be provided by the Wldeveloped North Slough Trunk. Temporarily sewer service will be provided by the Lift Station serving Vienna Woods Subdivision. At this time sewer does not exist at the location the applicant has shown on the preliminary plat. The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. If this application is approved, it shall be subject to availability of the sanitary sewer. The applicant shall also be responsible for any upgrades to the lift. station that may be necessary to increase the capacity to handle this development. Water service shall be from extensions of the existing main in E. McMillan Road, and the future phase of Settlement Bridge. The applicant and/or future property owners will be required to pay park and highway impact fees. On March 9, 2005, ACHD approved this development with site-specific and standard conditions. The applicant should comply with all requirements of the ACHD. Please review the ACHD report for additional infonnation regarding this finding. On February 25, 2005, a joint agency/department comments'meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to acconunodate the proposed development. H. Will not create excessive addition~d requirements at public cost for public facilities and serviees and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed annexation and zoning will not be detrimental to the community's economic welfare. 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; ~- According to the Traffic Impact Study (TIS) prepared by Washington Group International the proposed project is anticipated to generate 2,368 (including the office portion approved in Boise City). City Council recognizes that traffic and noise will increase with the approval of this subdivision; however, City Council does not believe that the amount geOl::rated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. City Council finds that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area. J. Will the area have vehicular approaches to the property which shaH be so designed as not to create an interferenee with traffic on surrounding public streets; The applicant is proposing to construct one public street entrance into the site from McMillan Road and extend two other stubs streets from the east. The extension of Rochester Drive from Madison Park Subdivision and Wainwright Drive from Zebulon Heights Subdivision No. I will cause traffic volumes on the , existing portions of the streets to increase. However, the increase in vo1wne is within ACHD acceptable range for local/commercial/collector streets. Please review the ACHD report for this project for additional information regarding this finding. If the proposed vehicular approaches (streets) are approved. and accepted by ACHD, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result In the destruction, loss or damage of a natural or scenic feature of major importance; and City Council finds that there are some existing trees and other mature landscaping on this site. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). The applicant should work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. The applicant is proposing to leave the North Slough open abutting the site. City Council believes that the North Slough is a scenic feature that should be protected. City Council finds that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the existing trees are protected/mitigated and the North Slough is relocated and protected in manner that does not negatively impact its beauty. City Council is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed. zoned and developed with residential uses. 10. ~. L. Is the proposed zoning amendment in the best interest of the City of ~er.idian.(()rd.592,11-17-1991)? The legal description submitted with the application, prepared by Idaho Survey Group, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. The land directly west of the subject property was previously annexed into the City and this is a logical expansion ofthe City bOWldary. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require . unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan. In accordance with the findings listed above, City Council finds that the annexationlzoninJ! of this prooerty would be in the best interest of the City. "'. fl. EXHIBIT H Zebulon Heights Subdivision No.2 PP-OS-008 Preliminary Plat Findings Meridian City Code (MCC) 12-3-31.2 and 12-3-5 D read as follows: "In determining the acceptance of a 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 item "A". B. The availability of pubUc services to accommodate the proposed development; City Council finds that public services can be made available to accommodate the proposed development. See Annexation and Zoning items "Q" and "H" for more details. c. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; See Annexation and Zoning item. "H" and the Agency Comments and Conditions for more detail. E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. ..' ... EXBmrr I Zebulon Heights Subdivision No.2 CUP-05-019 CUPIPD Findings The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenns of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (Il- 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 of the R-4 zone, as required by Meridian City Code. . City Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance 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; City Council finds that the proposed single-family residential subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" (provided the Conunission and Council grant the requested planned development). Please see Annexation & Zoning item "A". C. That the design, eonstrucdon, operation, aud maintenance will be compatible with other uses In the general neighborhood and with the existing or intended character of the general vicinity aDd that such use will not adversely change the essential character of the same area; Please see Annexation & Zoning item "Eot. D. That the proposed use, If it complies with all conditions of the approval imposed, will Dot adversely affect other property in the vicinity; , ...- City COWlcil finds that the proposed use, if it complies with all conditions of approval, will not 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, p,oUce, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Annexation & Zoning items "Oil and "H", the Other Agency/Department Comments and Conditions, 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 pubUc cost for pUblic facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation & Zoning item "H". G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that wiD be detrimental to any persons, property, or general welfare by reasoD of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning item "I". H. That the proposed. use will have vehicular approaches to the property which shan be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation & Zoning item "J". The Couunission and COWleil should review any comments received from the ACHD and/or ITD regarding this project when detennining this finding. I. Tbat the proposed use will Dot result in the destruetion, loss or damage of a natural, scenic or bistoric feature tonsidered to be of major importance. Please see Annexation & Zoning item "K".