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Harpe Subdivision AZ 06-041 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/12/07 09:24 AM DEPUTY Bonnie Oberbillig RECORDED - REQUEST OF Meridian City AMOUNT .00 44 III 1111111111111111111111111111111111 107005526 " ---~~- --~~~~~ DEVELOPMENT AGREEMENT PARTIES: 1. 2. 3. City of Meridian Larry C. Harpe, Ownermeveloper Oliver D. Palmer and Barbara D. Palmer, Owners THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~Ott-o day of ()ej()~ ,2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, Larry C. Harpe, whose address is 1092 W. Shearwater, Eagle, II) 83616, hereinafter called OWNERlDEVELOPER, and Oliver D. Palmer & Barbara D. Palmer, whose address is 1515 E. McMillan, Meridian, II) 83642, hereinafter called OWNERS. 1. RECITALS: 1.1 WHEREAS, Owner/Developer and Owners are the sole owners, 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 re-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 Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re- zoning of land; and 1.4 WHEREAS, Owner/Developer and Owners have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of (R-4) (Low Density Residential District and (R-8) Medium Density Residential District, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer and Owner made representations at the public hearings both before the Meridian Planning & Zoning DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 1 OF 12 Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 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 21 st day of November, 2006, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B. which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Findings; and 1.8 WHEREAS, the Findings require the Owner/Developer and Owners to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERlDEVELOPER and OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer and Owners to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this 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. DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 2 OF 12 NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNERlDEVELOPER: means and refers to Larry C. Harpe, 1092 W. Shearwater, Eagle, II) 83616, the party who owns a portion of the property and is developing said Property and shall include any subsequent owners and/or developer(s) ofthe Property. 3.3 OWNERS: means and refers to Oliver D. Palmer and Barbara D. Palmer, 1515 E. McMillan. Meridian, Idaho 83642, the parties who own a portion of said Property and shall include any subsequent owners of said Property. 3.4 PROPERTY: means and refers to that certainparcel(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) and R-8 (Medium 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 Code Titlell which are herein specified as follows: DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 3 OF 12 Construction and development of a single family development consisting of 22 building lots, and 3 commons lots in the proposcdR-4 and R,-8 zones on 8.95 acres pertinent to this AZ 06- 041 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That 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. That all future development of the subject property shall be eonstructed in accordance with City of Meridian ordinances in effect at the time of development. That the applicant will be responsible for all costs associated with the sewer and water service extension. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-8 zone. That Lot 13, Block I be annexed and zoned as RA. Prior to annexation ordinance approval, the applicant shall provide new legal descriptions and zoning maps for this property that depict the Council-approved zoning for this property. Said legal descriptions shall be submitted to the Planning Department for review and approval. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 2. 3. 4. 5. 6. 7. DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 4 OF 12 6. . 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 Owner/Developer's and/or Owners or Owners' heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code ~ 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer and Owners consents upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and/or Owners and if the Owner/Developer and/or Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer and/or Owners 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. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer' s and/or Owners or Owners' 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 of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer and/or Owners of anyone or more of the covenants or conditions hereof shall apply DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 5 OF 12 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 eovcnants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer and/or Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning ot the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer and/or Owners, or by any successor or successors in LiLle or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach ofthis Agreement, the parties agree that City and Owner/Developer and/or QwmosOwners 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 he cured within sueh 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. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer and/or Owners 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 DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 6 OF 12 time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocahle letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Owner/Developer agree to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Owner/Developer and/or Owners agree 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 thc improvcmcnts will be completed in a phased developed; and in any event, no Celtificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer aftdDeveloper and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16 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) daY5> after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: OWNERlDEVELOPER: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, II) 83642 Larry C. Harpe 1092 W. Shearwater Eagle, ill 83616 OWNERS: Oliver D. Palmer and Barbara D. Palmer 1515 E. McMillan Meridian, II) 83642 with copy to: DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 7 OF 12 City Clerk City of Meridian 33 E. Idaho Avenue Meridian, In lBh42 16.1 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. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent 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. 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. 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 and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Propelty. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer and/or Owners have fully performed its obligations under this Agreement. 20. 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. DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 8 OF 12 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and undcrstandings between Owner/Developer and/or Owners and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing rc-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DA TE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove rovided. DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 9 OF 12 OWNERS O(~ f) -PL OLNER D. PALMER ~L Y), Pa~ BARBARA D. PALMER CITY OF MERIDIAN RY'~/ /1 ~ C/'-Ld' /vVJ CF~ ~ / -- r./?J 7 \ \11111111/ 11// "" //11 <'\'..J cff- ~:III// Attest: ,,' :\--- ::-:--.... ~ ....... $----'- () .... rP\\PDfl.1 h ~ ~~ - ~ f'o ...- J/~p~ll : ELi:.LR 1 WILLIAM G. BERG,JR.,C CLER%:.... ~~\.J '0 ..-" '.f> :-::'":: '" '~. u! 15 \ . ...........':- "'", ~ " ......" 0.-.. .. . ~ ,,,:-:- "'II/-'\.IUNT'<. II"~'" 1111 ,I.' //1111111\\1\11 DEVELOPMENT AGREEMENT (AZ 06-041) HARPE SUBDIVISION PAGE 10 OF 12 STATE OF IDAHO, ) ss IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ............ ~.' w" - ....f) '" --'\~ ,.t1.o';f) .-.,' ~ 't'" 0000'000 ('''0' ,;.... ...~ O.~ o' o' A .. .. o. oOC;) 'I" [r ~ (SfAIf ~OTARY ''0.;, ~ :: : ... ~,tr : : * ~ C 0 = :"0 PITR'" ,~ = ':; 00 G~" 0 ~: " ~ 00. ~opo ....A ..:'" ;', ~.A,. ..o..:~!.'\IO \\ \)..,..y ,,;,....... ',; '~l'p ()\~ \\-1..." tl#l.J ,"~foI.'fj. t"~A1'aH~Il\j.~" ~~/~ Notary Public for Idaho Residing at: M<< ~~ My Commission Expires: -.:l3 -,:).0 II STATE OF IDAHO, ) ss County of Ada, ) On this Jo ~ay ofUGelA.lk 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared Oliver D. Palmer and Barbara D. Palmer, known or identified to me and acknowledged to me that they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -""'"' ..... ~~~,.._ _WIt "',; ''''~~ .......o~O ~'''' Ii::) o....~P-=:. (~A "arARl'" 'i. ;, : . . :: : * : ... :* : \ ',.PVBL1C,: : - . ~ .-.. .....0 0 ~ """ ")j" "'000.,.0- ~ *"~ ~,"4' OF to.....,.. ............'" ~ Not~ PUbli2 Id~O Resldmg at: a~ My Commission Expires: 7 - ~~ - )0 J ( DEVELOPMENT AGREEMENT (AZ 06041) HARPE SUBDIVISION PAGE 11 OF 12 STATE OF IDAHO ) : ss County of Ada ) On this qth day of :Jan\ H\."+- ., 20051 before me, a Notary Public, personally appeared Tammy de Weerd and Willidm G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, at" the City ot" Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ....... ..~II. 01>:'. . ~.. ~~.~ -. (SEAL) ",~~/;fA./i~~$.. .1:."f:,'~O J-. \ . . ~, .... \ . . : ' .. .. . I I . . I I . . I , . . .. :. . \ ' . .. ~\., l:Jr._ ,.,CJ'~' Pee . .....~...-UD~ tI' ~ ~--OV"\V. ll.... .:'0. -" n~ (LW Notary Public for Idaho Residing at: rn l (\ , it L .1 , 10 Commission expires: \C'H 1-' \ DEVELOPMENT AGREEMENT (AZ 06-0-11) HARPE SUBDIVISION PAGE 12 OF 12 ( .{ /: I; . i i I - -.' . - .-- ,- ( - "-{ ,. --.. -.... r _ .,. , ." -l~ .,.. '''""' " .. i)o~ r-:~ Iii -~ RECEIVED DEe 0 5 2006 THn LAND CROUI', INC. City Of Meridian City Clerk Office November 2.1, 2006 Project No. 06018 R-8 Rezone Legal Des~ription HARPE SUBDIVISION 6.29 Acres REZONE LEGAL A tract orland for rezone purposes being a pOltion of Lot 7 of Crest wood Subdivision No, 1 (a recorded subdivision on file ill Book 28 of Plats at page 1757, records of Ada County, Idaholand a p'ortion of the NOJtheast One Quarter ofthe Northeast One Quarter. all located in Section 31, Township 4 North, Range JEast, Boise Meridian, City of Meddian. Ada County. Idaho, qescribed as follows: BEGlNN~NG at a found brass cap lUonumenling. tbe Northeas.t Corner of said Section 31 on the centerline of North L~ust Grove, Road, from which a found SIS.inch steel pin monumenting the East One Quarter of said Section 31 bears South 00033'04" West:a disrance of2,689.66 feet; Thence following the eastel'ly line of said Section 31 and the centerline of &aid North Locust Grove Road. South 00033'04" West a distance of660.00 feet to,a point; Thenc,e leaving said easterly line and said cellterline, North 89046138" West it dbtance of 250.00 feet to a point being the Southeast Corner of said lot 1; TbcJ}ce foHowing the southerly Une of said Lot 1. North 89""58'Z4" West a distallce of340.37 feet to a point being the Southwest Corner of said Lot 7; Thence leaving said southerly line and following the westerly Hne of said Lot 7, North 00033'04" East a distance of319.91 feet to a point; Thence-leaving said westerly line, South 89059'26" East a distance of340.3 7 feet to a point on the easterly line of said Lot-7; Thence following said e~sterly line, North 00033'04" East a qistanceof306.99 feet to the Northeast Cornel' of said Lot 7; Thence leaving said easterly line. North Qo033'04" &at a distance 003.00 feet to a point on the northerly line of said Section 31 and the centerline of East McMillan Road; Thence following said northerly Hne and said centerline, South 89046'35" East a distance of250.00 feet to the POINT OF BEGINNING. , l.J1llt1nif/JI Art!Jit#dlilr " S,Jt PImIIJI,IJ. " CiIi/l'iwnNli"l . G#/f ell"'lt ,,.rWUUII.O" EIIJ/IHN'iI(( " Gmpltit C'lIIJIIuo;mJill.ll 1.10 Itivet Vi~ta Ptllte, Twin It"lIs, Idaho 8J30ll~.7J3"'041.llZ08.7J3."04S. W\V\\I.thdaIKI,,~ ():\C\I)\li.wc 'I'ftlllllet IlilCII\04D18\IU)6f I 21_hDlpc:' wh_D6018.J.8 ..",,,nl'.d.,e.' . ~" -~ ~ I ,,-~ rr.-. 18 .... 1H2 LAND GROUP, INC. TIle above descl'ibed tract of land contains 6.29 acres, more or less, subject to a1l existi'ng easements and rights-of-way. . Pl'eparedJ,ly: THE LAND GROUP, INC. 140 RIVER VISTA PLACE TWIN FALLS, IDAHO 83301 208-733-404 ] 208-73;3-4045 (FAX) B~~VAL NOV 3 0 2006 MERIDIAN PUBLIC WORKS DEPT. , lJUNlltd}t ArditHtR" · Silt P/ruill;,<< . O,,;ll1I1fiNUlin.,( . Gslf CSHI"R IrtitJtlkll 6' F.1Ifi~tti'l.l, . Gf11/1!J;( Cfllfinttll;((/(;Oll loll) Ri.\'l.:t Visl1Il'laCCl. 'I\vill 111111" Jdllbll8})OJ I'Z(I3.7:Jl..1041. FZQ8.733'''04S. \\'\\'W.r1U'lftll!lpr'III"ill~ o:\C,\I)\l':'A1c T/'llII~(C' I'ilcl'\06018\IL06112U\lUllC' SIlb_06018_,.811.'l!Ollc.doe ( '. ( 'AI"_",""!< I'~ ~ ~... nil, 1.~:-':1l1aHII;". I~(~. Novct:nber22, 2006 Project No. 06018 R~4 Rezone, Legal Descriptio)} Harpe Subdivision 2.66 Acres REZONE LEGAL A tract of land being a portion of Lot 1, of Crestwood Subdivision No. 1 (a recorded subdivision on file in Book 28 Page 1151, records. of Ada County. IdahQ)..situated ill the Northeast One Quarter oCtile NOl1heast One Quarter of Section 31. Township 4 North, Range I East, Boise Meri(:ijan, City of Meddian, Ada County, Idaho, described ,as folJows: Commencing at a found brass cap monumenting the N0l1heast Corner of said Section 31 ~ which bears North ,00033'04" East a distance. of 2,689.66 feet from a found 5/8-itlCh steel pin rnonumellting the East One Qual1~1' Cornel' of said Section 31 ; Thence following the northerly line.of said Section 31, and the centerline orE. McMiHan Road. North 89046'35" West a distance of250.00 feet to the POINT OF BEGINNING. Thence leaving said northerly line and said centel'fine South 00033'0411 West a distance of33.00 feet to a point being the NOl1heastComel' of said Lot 7. Thence following the easterly line of said Lot 7. South 00Q33104" West a distance of 306'.99 feet to a point; Thence leaving said easterly line, N011h 89059'26" West a distance of 34037 feel to a point on the westel'ly line of said Lot 7. Thence' following the westerly line of said Lot 7, North 00033'04" Bast a distance 0008.26 feet to a point being the Northwest Cornel' of said ~~ot 1; Thence leaving said westerly line North 00033'04" East a distance of 33.00 feet to 8 point on the llol1herly line of Section 31 and thl; centerline of E. McMillan Road; Thence foHowing the northerly line ofsaid Section 31 and the centerline of said E. McMman Road. South &9046'35" East a distance of 340.36fe~t (0 the POINT OF BEOJNNING. R ~ ~ ..":: ",. "-. ." IE' '. ~' ,. --. .~'. '~." . .. .. ':".~ . ~ i.ll ;' ,I".". J.' .(" ,- - ~ 1:.. - ~ I~-~~. .l'.~;,_ ":. :~ .",1":':1,. '~.~'_.~p;.':;'t_l ~.' i';W ~I '~1; i 1- ',:,.' '.~~. ~ ; ." '.~- _ t~ ='::~'. ~.,~~;~~~~:.:"'", ~ _ .: t- ! ~. -~ ~ ..; ~ . 1".- . . .,- _ " ! I I I I I I ( The above-described legal contains 2.66 acres, mo~ or less. subject to all ex,isting easements and rights-of-way. Prepared By: The Land Group. Inc. 462 E. Shore Drive. Suite 100 Eagle, Idaho 83616 208-939-4041 208-939-4445 (FAX) , B~VII=~VAL Jf' NOV 3 0 2006 MERIDIAN PUBl.IC WORKS DEPT. ". ..... : \' t.:. .; ,. I ;~. : - 4 '. . .~. , :.-1", ". ~,~;",,,,~.;-~"'--Ol.'~'''"t Ii ,~; f .,..' , _ ,~. A". _ ~:~.1II .t _~'... .-.'w ,~_ 0: ,'. ~ ......\. ~~~ '"':.,.~ 'o'" _::~, ;;. .. . - &l.r~ I RECEIVEr NOV 1 Ii 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER c~:,. . ridian (:., ~ ' nffir~f-' ~O /rrlYflf . ~eridian ' - '-~'\ I, IDAHO / ~ ('~ 'll.I...._ 'il In the Matter of Annexation and Zoning of 8.95 aeres from RUT to R-8 and R-4 AND Preliminary Plat approval for 22 residential building lots and 3 common lots for Harpe Subdivision, by Larry C. Harpe. Case No(s). AZ-06-041 and PP-06-042 For the City Council Hearing Date of: November 8, 2006 (Findings on the November 21, 2006 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November M, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 8, 2006 lncorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 8, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 8,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.06.041 and PP-06-042 4. Due consideration has been given to the comment(s) received from the governmental suhdivi!llions 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 Dt:cision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of November 8, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ II-5A 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 August 23,2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That Lot 13, Block 1 be annexed and zoned as R-4 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date ofNovembcr 8, 2006 incorporated by rt:fa-lmct:. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, comhined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and- conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without rcsubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP-06-042 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title II. If the above timetable is not met and the applicant does not receive a time extension, the property shall bc rcquired to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the fmal 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 ~ (;7-(;521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 8, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-041 and PP~06-042 By action of the City Council at its regular meeting held on the 2./ Sf? day of J.0Vi'nt ~, 2006. COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED~"-' VOTED ~ VOTED ~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD --., VOTED ATTEST: Copy served upon: By:...~J\jO~ City Clerk's Office Dated: , '-OI~ -OlP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.06-041 and PP-06-042 CITY UF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THB HBARJN(j OATh U.F NUVEMEBR 8,2006 STAFF REPORT TO: Hearing Date: 11/8/2006 Mayor and City Council Dt{otidi~ '\ \ If.l.-'I.HO · FROM: SUBJECT: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 Harpe Subdivision . AZ-06-041 ~ Annexation and Zoning of 8.95 acres from RUT (Ada County) to R-8 (Medium Density Residential) zone . PP-06-042 Preliminary Plat of22 single.family building lots and 3 eonnnon lots on 8.95 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Larry C. Harpe, has applied for Annexation and Zoning (AZ) of 8.95 acres from RUT (Ada County) to R.8 (Medium Density Residential) and Preliminary Plat approval of 22 single family residential lots and 3 common lots for Harpe Subdivision. The site is located on the south west comer of the intersection of Locust Grove and McMillan Roads in Section 31, Township 4 North, Range 1 East, and is currently referenced as Assessor's Parcel Numbers SOS311101S1 and R16086S0180. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-041 and PP-06-042) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended eonditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Meridian Planning and Zoning Commission heard these item(s) on AUl!Ust 31. 2006 and October 5. 2006. At the Oetober 5th Dublie hearilllz they moved to reconunend anoroval. a. Summa" of Commission Public Bearinl!: i. In favor: Van Elg ii. In oDDosition: None 111. Commentine:: None iv. Written testimony: Oliver Palmcr v. Staff presenting application: Justin Lucas vi. Other staff conunentWl! on annlieation: Caleb Hood. Bruce Freekleton b. Kev Issues of Discussion bv Commission: i. - Overall density of the subdivision: ii. - Future density of Lot 13. Block 1 (lat'gC lot the will retain an existing home) c. Key Commission Chanees to Staff Recommendation: i. - Development Agreement J.in;P.J.in2 Lot 13,....Block I to R4 density for any future subdivision d. Outstandinl! IssueCs) for City Council: i. - None Thp. Mp.ridiaD C.itv C.ouncil heard thelle itp.mll on November K. 2006. At the nuhUc hearing thev annroved the nroied. with chanp-eli. Harpe Subdivision AZ.06-04I, PP-Q6-042 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF NOYEMJ:::BR IS, 2006 .a. Summarv of Citv Council Puhlic Hearinp: ii. In favor: Van Elg iii. In onnO!dti~ None iv. Commenting: None v. Written testimony: None VI. Staff nresenting annlication: Anna Borchers Canninll vii. Other staff commentipll on annlication: None ~ Kev Issues of Discussion bv Council: i. - Overall densitv --Rf the subdivision: 11. ~ Future densitv of T ,nt I 3 RInck 1 (Jarlle lot that will.rJ~lain an existing: ~ J:. Kp.v ('olini'll ('hanpp.1 to C.ommh:!llion Reeommendation: i. -l)..eyelonment A2feement reauirinll that Lot] 3. Block 1 be annexed and zoned as R.4. 3. PROpOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Nwnbers AZ- 06-041 and PP.06-042 as presented in the staff report for the hearing date of November 8,2006, with the iollowing modifications to the conditiorui of approval: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny to the File Numbers AZ.Q6.041 and Pp.06.042 as presented during the hearing on November 8, 2006, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I movc to continue File Numbers AZ~6.041 and PP-Q6..()42 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site AddressILocation: 4715 N. Locust Grove Road Section 31, T4N, RIE b. Applicant I Owner: Larry C. Harpe 1092 W. Shearwater Eagle, ID 83616 c. Representative: Van BIg, The Land Group, Inc. d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: Harpe Subdivision AZ-06-041, PP-06-042 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 1. Date of Preliminary Plat (attached in Exhibit A); August 23, 2006 2. Datc ofLandscapc Plan (attached in Exhibit A): July 25.2006 g. Applicant's Statement/Justification: As discussed with planning staff, this property is being submitted without a eomprchcnsive map amcndment becausc with the approval of the allowed step up in zoning from low density to medium density zoning the property will remain in confonnance with the identified comprehensive plan density. In addition. the 22 proposed lots will be considerably larger than the lots in adjacent developments. S. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11. a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: August 14th, 2006, and August 28th, 2006 (planning Commission); October 16th, 2006 and October 30th, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: August 4th, 2006 (Pl~ Commission); October 13 . 2006 (City Council) e. Applicant posted notice on site by: August 21"\ 2006 (planning Commission); October 30th. 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential b. Description ot Character of Surrounding Area: A mix of single family residential uses and county land. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Rural Residential, zoned RUT (Ada County). 2. East: Future School site with in Settlement Bridge Subdivision, zoned R-4. 3. South: Havasu Creek Subdivision, zoned R,-4 4. West: Rural Residential, zoned RUT (Ada County). d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location ot" sewer: 'l"here is a sewer main stubbed to this property from Havasu Subdivision to the south. Location of water: There is a water main stubbed to this property from Havasu Subdivision to the south. Issues or concerns: None. 2. Vegetation: N/A Harpe Subdivision AZ-U6-041, PP-06-042 rAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORf FOR THE HEARING DATE OF NOVEMEBR 8,2006 3. Floodplain: N/A 4. Canals/DitchcslIrrigation: The Lemp canal runs under the intersection of McMillan and Locust Grove roads adjacent to this site. 5. Hazards: N/ A 6. Proposed Zoning: R-8 7. Size of Property: 8.9S acres f. Subdivision Plat Infonnation: 1. Residential Lots: 22 2. Non-residential Lots: 0 3. Total Building Lots: 22 4. Conunun Lots: 3 5.' Other Lots: 0 6. Total Lots: 25 7. Open Lots: 0 8. Residential Area: 8.95 acres 9. Gross Density: 2.45 units per acre 10. Lot Sizes: Lot sizes range from approximately 7,532 square feet to 8,945 square feet with one large lot of 89,833 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Locust Grove and McMillan Roads. 2. Width ofbuffcr(s) between land uses; N/A. 3. Percentage of site as open space: 0.85 acres (9.9%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should wmply with UDC 11-3B-12. h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family dwellings. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, N. Bright Angel Ave, provided from Havasu Crt::ek. Subdivision. Havasu Cn:ek curn:nlly has appruved din:cL access fWIll Locust Grove Road. A stub street and driveway will be provided to the large lot that contains the existing home. This lot will abandon its access to McMillan Road. Another stub street is provided to the property to the west that includes an emergeney vehicle turnaround. In general staff is supportive of this roadway design. 7. COMMENTS MEETING On August 11, 2006. Planning Staff held an aiency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Hatpe Subdivision AZ-06-041, PP.06-042 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TI:lE HEARING DATE OF NOVEMEBR 8, 2006 This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residenees at densities up to three dwelling units per acre (see Page 9S of the Comprehensive Plan.) The proposed Preliminary Plat includes 22 residential building lots on 8.95 acres for a gross density of 2.45 dwelling units/acre. Although this proposed density is consistent with the "Low Density Residential" designation it is important to note that the applicant is requesting an R-8 zone which is designed to accommodate medium density developments. This zoning would allow the large lot that contains the existing home to re- subdivide and develop lots in the future that are only required to meet the R-8 standards. If in the future this large lot is subdivided and developed with similar lots as proposed in the current subdivision the gross density for the entire area could reach up to 3.7 units per acre. Even if the scenario above played out the potential gross density is still in general compllance with the Comprehensive Plan because of the "step up" provision. This provision described on the Comprehensive Plan Future Land Use Map allows for the city to consider other residential densities than those shown on the future land use map as long as the proposed density is with in one "step" (low to mcdium) of the density shown on the map. Due to this flexibility staff finds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: · Chapter VII, Goal ill, Objective A, Action I ~ Require that developmen.L projccts have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner; · Sanitary sewer and water service will be extended tu the prujer.:t at the develuper '!>' expense. · The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). . The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. · The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company, . Chapter VI, Goal n, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Reconunended Approach" from the National Center for Bicycling and Walking in all land-use decisions. Harpe Subdivision AZ-06-041, PP-U6-042 PAGE 5 CITY OF MERIDIAN PLANNING OEP ARTMENT 5T AFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. . Chapter VI, Goal IT, Objective A, Action 5 ~ Require pedestrian access connecton in all new development to link subdivisions together to promote neighborhood eonnectivity as part of a conununity pathway system. Staff is supportive of the proposed pedestrian connection to McMillan Road and Locust Grove Road via the proposed micro paths, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with the Havasu Creak Subdivision. . Chapter VII, Goal IV, Objective C, Aetion 1 . Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the surrounding developments are compatible with the proposal. . Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential eategories (low-, mediwn~, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiwns, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. The subject property is located adjacent to land.rt zoned R-4. Staffjinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site considering that the applicant is requesting a step up in density. . Chapter VI, Goal II, Objective A, Action 6 w Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Two stub streets will provide cross~access with the properties to the west when they develop. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be aecommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation HlUpe Subdivision AZ-06-041, PP-06-042 PAGE 6 CITY 01' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation, The annexation legal description submitted with the application (prepared on June 15, 2006, by Dennis Lewis, PLS) shows the property as contiguous to the existing cOIporate boundary of the City of Meridi<ln. Special Considerations: Development Agreement: UDC 11-5B-3.D.2 and Idaho Code ~ 65-6711A provides the City the authority to require a Propcrtv owner to enter into a Development Agreement lOA) with the City that may reauire some written conunitment for all future uses. Staff believes that a DA is necessarY to ensure that this oroperty is develooed in a fashion that is consistent with the comprehensive plan desi2I18tion and does not negatively impaet nearby properties. Prior to the annexation ordinance approval. a Develooment Agreement (DA) shall be entered into between the City of Meridian. property owner (at the time of aIUlexation ordinance adoption). and the develooer. The applicant shall contact the City Attomev. Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the following: · That all future uses shall not involve uses, activities. processes, materials. eauipment and conditions of operation that will be detriIllental tu IU1V persons. property or the e.-eneral welfare bv reason of excessive production of traffic. noise. smoke~ ,twnes, glare or odors. · That all future development of the subiect DrODertv shall be constructed in accordance with City of Meridian ordinances in effect at the time of develoJ)ment. · That the applicant will be responsible for all eosts associated with the sewer and water service extension. · That any existine; domestic wells and/or septie svstems within this Droieet will have to be removed from their domestic service. per City Ordinance Section 5-7-517. when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. · That the followine: shall be the only allowed uses on this property: simde~family detached homes and allowed aecessorv uses of the R-8 ~ · That Let U. BlGek 1. IliaD develas iB tile f1lhtFe at a mllB....m af 4 dweIlHU:: BaitS BeF Berel . That I.ot 13. Block 1 he annexed and zoned as R-4. Prior to annp.yation ordinance annrovaL the annlicant !ihall nrovide new leoal delllcrintlon!i and zonin" mans for this nronertv that denict the Council-aooroved zODiD" for this nrooertv. Said le2"al descriotions shaD he submitted to the Plannlno Denartment for review and aooroval. · That prior to issuance of any buildinlZ permit. the subi ect croperly be subdivided in accordance with the City of Meridian Unified Development Code. Harpe Subdivision AZ-06-041, PP-06-042 PAGE 7 CITY Of MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR TIlE HEARING DATE Of NOVEMEBR 8, 2006 PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed singlt:~fcuIlily n::sidt:IlLial development. Please see Exhibit D for detailed analysis of facts and [mdings for a preliminary plat. Lot Size: Ten of the proposed lots in this subdivision exeeed 8,000 square feet. The remaining 12 lots all exceed 7,500 square feet. These lot Ri7.eR are comparable to the neighboring subdivisions which have lots that range from 7,500 to 9,500 square feet. Landscaping:: The landscape plan prepared by The Land liroup, on 7-25-06, is approved with the following modifications/notes: . Per UDC 11-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. . The proposed micro pathways that connect N. Bright Angel Avenue to McMillan Road and Loeust Grove Road shall be constructed in accordanee with UDC 11-3A-8. A111andseaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12 including the requirement for one deciduous tree per 35 linear feet of pathway. . Per UDC 11~3G-3A, set aside at least 9.9% (0.85 acres) of the site for useable open space, as proposed. . Per UDC 11-3B-I0, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. . A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas / UDen Space: The applicant has provided 0.85 acres (9.9%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G~3A-l. The majority of the open space is passive in nature and provided in the form of landscaped parkways. The applicant is also proposing some open space/common area along two micro pathways. Maintcnance of all common areas shall be the responsibility of the Harpe Subdivision Homeowners Association. Pressure hrillation: The City of Meridian requires that pressurized irrigation l'lYl'lteml'l be supplied by a year~round source of water. The applicant should be required to utilize any existing 8w.face or well water for the primary llOurCt:. If it surfacl;; ur well suure!;: is noL available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDe 11-3A.15 and MCC 9-1-28. Harpe Subdivision AZ-06-041, PP-<J6..042 PAGE 8 CITY OF MERIDIAN PLANNING DEP ARlMENT STAff REPORT FOR TIlE HEARING DATE OF NOVEMEBR 8,2006 Stub Streets: The applicant should be required to provide public stub streets to Lot 13 Block 1 of the proposed subdivision and to the Wood property to the west (Parcel #RI608650IS0) as proposed. Existing Residences/Buildings: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings shall be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by Lhe City Engineer. Ememency Vehicle Turnaround: The cUlTent design of the cul-de-sac at the north e.nd of N. Bright Angel Avenue does not meet Fire Department standards for an emergency vehicle turnaround. The applicant should work with the Fire Department to ensure that the cul-de-sac or possible alternative meets Fire Department standards. Fencine;: No perimeter fencing is shown on the preliminary plat or landscape plan. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Feneing adjacent to all micro pathways is also required, and is shown on the landscape plan. All fencing shall be installed in accordance with UDC 11.3A-7. Ditches. Laterals. and Canals: As per ODe 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-041 and PP-06-042 substantially conform to the Comprehensive Plan policies and UDC standards. Staff reconunends approval of said AZ and PP application~ subjt=cL tu Lht: cundiLiuns listed in Exhibit B. The Meridian Planninll and Zonine Commission heard these item( s) on August 31. 2006 and October S. 2006. At the DubHe hearine the Commission moyed_ t() I:~onunend approval. 11. EXHIBITS A. Drawings 1. Preliminary Plat (Dated: August 23, 2006) 2. Landscape Plan (Dated: July 25, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works DepaJ.1111cnt 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Harpe Subdivision AZ-06-04I, rr-06-042 PAGE 9 CITY 01' MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 7. Ada County Highway District 8. Central District Health Department C. Legal Description (not a~J)roved) D. Rcquired Findings from Zoning Ordinance Harpe Subdivision AZ-06-041, PP-06-042 PAGE 10 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THb lftAKlNli VAlli UF NOVEMEBR 8, 2006 A. Drawings 1. Preliminary Plat (Dated: August 23, 2006) OLll<pt 'Ue!P!J;l~ ~elc:l NeUIWllaJcI NOISI1\IOSnS 3d~"H o~ . 2~~$~ OO:li -g ~ ~i~hi ~ i~il~~i'!~ ~ ~ ~h i~" ~ ~h .~I J ~IU; ill! 'I!I I 1 ql L :I 'I i', I IHr,li e;.1 'III ! I ! 'I U lilli" , ilHlifil~lillli I I! ,it I Y , :S;I! 'I , "I qi fi e il : I; il tlllld~ .1. 'In ~ ii I iltl !i 15 ~ alOe w.~' J!'III!I =..1 ..:1;1 .1~II,d ~l .Exhibit A ~ li~b ~nl m ~ t II ~ .:111 II 'iO I : j I ,_""_~_ I: -':1 '''i/~- il 1- 'Ii fi ' '! III :. ..~ !O' I '.. li!j ,I 5 ' , ~ ' II F, I, III _11.1111 id 111,; i~ ;t I · I. II . " .~ a. II ii', 11"1' j · ~ ! I ! I I' J Ii ~ 5 i" II ! "Ho; ~.J ,.5. ~i'g' ili!qiii'~i~11 Situl" till .. II II ~l :H~ ~ 11 !;iill II i I I QI_-.IM:/l71 "'.--- . -.~. ..--'::'.~i i i((' .n I ~ i' ",;.;;..;'.,,/, !I! I i i , , ',- '. . - .-@'t, . '..llill. '.'1 . ~ I: ..<~~f"\\ \'....~~..) l' I I I!II~III~ nlli~l i~~ 11 II! wI ~ 1:\. I IL I ~ ~ ' io n !I iilil '69 I~,~ IlIIIliI laid i1iil CITY OF MERIDIAN PLANNING DEPARlMENT STAFf RbPOKf FOR THE HEARING DAlE OF NOVEMEBR 8,2006 2. Landscape Plan (Dated: July 25, 2006) o4epI 'ue!p~.VlJ u81d ede:.spmn ~eld NBU!WlleJd NOISI^losnS 3d~VH i'_rIBI!lflMII'I!li!/~~ ~~ ; .t r!4'~II!!!III"I.~~i. r I F I I I I I 1G:\=i L!b II IQ'.! 1~1\ . :i I,' I I I __I i \ I r : .../ '-. -"""'!'7'-: , I I. h [lid I ;11'1 F!" !l '!I d. ~if I'ill U II III II,s.. I II ! II I !Ili I'~' / i. i~ '- '" ji I 'j. j! I H . .,' Ij" .' !.! !l! I!! ,II !, I! JI J wll l!! liilii ~ nUl! ~ I.illl ~ i o .1 "'I'!! rl ~ "il_~ 12!1I !II, ;, '. . II ~. '" I l~ I .1 ... I' 'l i i 0' h . I !II iii ! Ii! "II III ~ lilll! I ;0;1 i -till I!-: j ~~ t-i -I hi! i ',I. ill . ~=! . ~ i... I'll,,,' w Ilill,'!l!jl ~~ ll'III' il'lllll j!l:!llh Q ~~I!!~!~!l~! ... I n l<~- j j I j II/Lilli rj!lll"lii If i Il,i ; 1111' ! 1'1 ! ',11111 11111 ! i!l!i !Il' I! III I' II I ! I III fl' !lll "11" .,' ! II :1 . I; . · I ill i 1111";'111 '11111 'i Willi/lIlli/Ill' 11,~111 11,1 :~' . I I Ii!' I I! i i~!!ijr h~li'IJII!III'I~!'11 1111/11:'1111i ill I 'liiillll!lliUill; 11-III,jl '1'1111111 rliJi I, ! 1 Illiif!n!i!!lillllfllllllllr.I,! ,IIIIIJill IllJmm ~ = !,,,~ . Exhibit A Iii 11\ I j lillJl Cl' !lll:!; ~' II I" ! l1 ~ ~ ri""l'!l"! II. ~:ll I W , /Hit, II ~ ,... , '"II l- C) ....u>._t......_..._. NIo -.It* .r.....-..-...Iau:_..~r.. CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR 1HE HEARING DATE OF NOVEMEBR 8, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on June 15, 2006, by Dennis Lewis, PLS) shows the property as contiguous to the existing corporate bOWldary of the City of Meridian. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.1.2 Prior to the annexation ordinance apDroval. a DevelODment Allt'eement IDA) shall be entered into between the City of Meridian. propertY owner (at the time of annexation ordinance adoption). and the developer. The applicant shall contact the City Attorney, Bill Nary. at 888-4433 to initiate this nrocess 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by The Land Group, dated August 23,2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-041) and any future development agreement shall also be considered conditions of the Preliminary Plat (pP-06-042). 1.2.2 The landscape plan prepared by The Land Group, Inc., on July 25,2006, and labeled Sheet Ll.O is approved with the following modifications/notes: . Per UDC 11-30-3B5 parkways that are used as common open spaee shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. . The propolled micro pathways that connect N. Bright Angel Avenue to McMillan Road and Locust Grove Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathways shall meet the requirements outlined in 11-3B-12 including the requirement for one deciduous tree per 35 linear feet of pathway. . Per UDC 11-3G-3A, set aside at least 9.9% (0..85 acres) of the site for useable open spaee, as proposed. . Per UDC 11-3B-I0, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. . Provide a copy of the updated landscape plan showing the ehanges made to the preliminary plat with the final plat application. . A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman rcspo11lliblc for thc landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. The landscape plan is not to be altered without approval of the Planning and 7:oning Department. No field changes to the landscape plan are pennitted. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat apptieation(s). 1.2.3 Provide public stub strocts to Lot 13 Blo",k I of tht; proposro subdivision amI to tht; Wood property to the west (parcel #RI608650150) as proposed. 1.2.4 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. J::xhibit H CITY OF MERIDIAN PLANNING DEP ARTMENT STAff KEPORT FOR TIlE HEARING DATE OF NOVEMEBR 8, 2006 1.2.5 The current design of the cul-de-sac at the north end ofN. Bright Angel Avenue does not meet Fire Department standards for an emergency vehicle turnaround. The applieant shall work with the Fire Department to ensure that the cul-de-sac or possible alternative meets :Fire Department standards. 1.2.6 ACHD is requiring that an access easement be placed across all of Lot 2, Block 2 tor the required temporarY emergency vehicle turnaround. Prior to signature of the final plat the applicant shall work with staff to detennine the most eITecLivt'l way tu address this easement and ensure that Lot 2, Block 2 remains a non build lot until the stub street is extended. This lot shall be maintained weed free until the easement is removed and the lot is developed. .1.2.7 Maintenance of all common areas shall be the responsibility of the Harpe Subdivision Homeowners Association. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to construction plan approvaL If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1_~ GENERAL REQUIREMENTS-PRELlMlNAR Y PLA!' 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-l1. 1.3.3 The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staffhas reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 The applicant shall submit a fencing plan with thc final plat application for thc subdivision. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.6 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 consiuaro as replacement trees [or thost'l trt'lt'ls lhat haVt'l to be mitigated. 1.3.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. l::xhibitH CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATI: OF NOVEMEBR 8, 2006 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer selVice to this development is being proposed via extension of mains installed in Havasu Creek Subdivision to the south. The applicant shedl iU:slcilllllams lo and through this development; applicant shall coordinate main size and routing with the Public Works Department. and execute standard fonns of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is being proposed via extension of mains in Havasu Creek Subdivision to the south. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 23 Any potential reimbursement agreements must comply with all requirements of City Code ~-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.5 The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft eopy" of the operations and maintenance manual will be required prior to plan approval with the "ftnal draft" being required prior to final plat signature on the last phase of this project. 2.6 The City of Meridian requires that pressurized irrigation systems he supplied hy a year-round SOlU'Ce of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.7 All existing houses that are to remain on site shall be required to connect to City selVices. The applicant shall be responsible for the payment of assessments prior to signature on the final plat and the actual physical connection to the services prior to issuance of Certificates of occupancy. 2.8 Prior to signature on the final plat the applicant shall vacate the easements that were dedicated along the interior lot lines of the original Crestwood Subdivision. 2.9 All existing structures not meeting sethacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.10 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation n::quirc=mcut emu comply with all landscape requirements. 2.11 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall bl:: dl::dicaLl::d what; thl;; sidl;;walk. is IOl,;atl;;u p~t thtl right-uf-way. 1111;; auuitioual widUl needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.12 Any existing domestic wells and/or septic systems within this project shall be removed from domestic serviee per City Ordinance Section 9-1-4 and 94-8. Wells may be used for non- domestic purposes such as landscape inigation. Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 2.13 Per UDe 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being subdivided shall be covered. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be approved and activated, feneing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall he recorded, prior to applying fOT huilding permits_ 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.16 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be responsible for application and compliance with and NPDES Pemrltting that may be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Amly Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fU.l material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the erawl spaces of homes is at least l.foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 2S' pole shall be required on all publie residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on me with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distanee in between locations. Final design locations and quantity are determined after power designs are compleled by Idahu Powt::r Company. The slreellighL cunlracLur shall ublaiIl approval from the Public Works Department, and pennit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fire-tlow 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 feet apart. International Fire Code Appendix C. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 3.2 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. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 7'1" 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 specifications. d. Fire HydranLs shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the !Fe Seetian 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the proj ect. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved tum around. (The proposed cul-de- sac at the north end ofN. Bright Angel Avenue does not meet the turnaround requirements.) 3.5 All entrance and internal roads, alleys, and cul~de-sacs shall have a tuming radius of 28' inside and 48' outside radius. 3_6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 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. 3.M The proposed 22-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 64 residents at build out. 3.9 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fIre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R~3 and Group U oeeupancics, the distance requirement shall be GOO feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The sluubbery along the micro-pathways shall not exceed two feet in height at maturity. 4.4 The southern tenninus of the proposed micro-pathway connecting to McMillan road shall tie Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 directly into the sidewalk along North Bright Angel Avenue. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed. 6. SANITARY SERVICE COMPANY 6.1 sse has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS RECEIVED ON 8/21/06) 7.1. SITE SPECIFIC REQUIREMENTS 7 _1.1 Construct the internal streets as 33-foot street sections with rolled curb, gutter, and 8-foot planter strips within 50-feet of right-of-way; and 5-foot detached concrete sidewalks within an easement; and obtain fire department approval for the reduced street sections. 7.1.2 Construct the stub street to the west approximately 160-feet north of the south property line as the internal street section. This street should be signed as follows: "TInS STREET WILL BE EXTENDED IN THE FUTURE." 7.1.~ Construct the second proposed stub street to Lot 13 of Block 1, located 165-feet south of the north property line as the internal street section, with a fully improved turnaround at the tenninus (utilizing a minimum turning radius of 45-feet). Where the right-of-way ends at the property line, the applicant should install signage stating: "TIllS STREET WILL BE EXTENDED IN THE FUTURE," 7.1.4 Obtain fife department approval for the use of the temporary emergency turnaround on Lot 2 of Block 2, and provide the easement across the entire lot prior to signing the final plat. 7.1.5 ConstnJ.ct a 5-foot concrete sidewalk located no closer than 2-feet off of the right-of-way line (back of walk to ROW) for McMillan Road. If the sidewalk is loeated outside of the right-or-way, the applicant should provide a sidewalk easement. Any existing driveway access to MeMillan Road should be closed to match improvements; thereby restricting all of the site's access to the internal, streets. 7.1.6 Dedicate 45-feet of right-or-way from the centerline of McMillan Road from the west property line to 33S-feet east of the west property line by means of a warranty deed. The frontage on McMillan Road from 335-feet east of the west property line to 435-feet east of the west property line should taper to 59-feet from centerline; continued to the intersection with Locust Grove. Note: The original proposed right-of-way for McMillan Road is accurate with the exception of the location of the taper. The taper length is accurate, however it should begin 100-feet from the intersection rather than the proposed gO-feet. This will shift the starting point and ending point of the taper 20-feet to the west, as noted in the diagram below. 7.1.7 Construct a 5-foot eoncrete sidewalk located no closer than 2-feet off of the right-of-way line (back of walk to ROW) for Locust Grove Road. If the sidewalk is located outside of the rigbt-of- way, the applicant should provide a sidewalk easement. Any existing driveway access to Locust Grove Road should be clo::;t:d tu match improvements; thereby restricting all of the site's access to the internal streets. 7.1.8 Dedicate 35-feet of right-of-way from the centerline of Locust Grove Road abutting the parcel by means of a warranty deed, and dedicate the northeast property comer (chamfer the radius) to facilitate the constmction of improvements for the planned signalized intersection (flee attached Exhibit B CITY OF MERIDIAN PLANNING DEPARlMENT STAFF RJ:;PORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 diagram). The exact design of the comer should be determined by the District Development Review. 7.1.9 No direct lot access may be taken from either Locust Grove Road or MeMillan Road. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 7.2.11 7.2.12 7.2.13 Exhibit B GENERAL REQUIREMENTS Any existing irrigation facilities shall be relocated outside of the right-of.way. Private sewer or water systems are prohibited from being located within any AClID roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 :\R7-62RO (with file number) for details. Comply with the District's Tree Planter Width Interim Policy. 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. An d~ign and constmction shall be in accordance with the Ada County Highway Distriet Poliey Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable AClID Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certifY all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incOTporates any required design changes_ 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_ Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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. 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 applieant to obtain written confinnation of any change from the Ada County Highway District. 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 subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect CITY OF MERIDIAN PLANNING OfP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMEBR 8, 2006 at the time the change in use is sought. 8. SETTLERS' IRRIGATION DISTRICT 8.1 All irrigation / drainage facilities along with their easements must be protected and continue to function. The facility is the Parkins Nourse Lateral. Contact SID for additional irrigation requirements. 8.2 A Land Use Change Application must he on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any S.I.D. facilities. 8.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. . 8.5 All storm drainage must be retained on-site. 8.6 A pressure irrigation system must be provided to service aU lots with irrigation water. Exhibit B CITY Of MERIDIAN PLANNING DEPARTMENt STAFF REPORT FOR TIIE HEARING DATE OF JUt Y 20, 2006 c. Legal Description (not ann roved) 1'111; 1.01"0 GI\OUI'. 1:>:1':, June 14,2006 Pmject No. 060 18 AnnelCluon Legal Description J Any C. Harpe 8.95 Acres R~:f\OVAy"i I _, 6V I _."",1__ MERIDIAN PUBLIC WORKS O,,;oT. ANNEXATION LEGAL A rract ona"d .itua,c.! in .'he Nordle:l.sl One Quaner of the Northea.t One QII.rree of Seoot1on 31, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: C:omm""cing at a found bra.. cap ,",UllUmenUng the Northeast Cotnn ot said Section 31 being the POINT OF BEGINNIt':G. .1 'hem;e fnllowlI1g the eastedy line of se<:tio" 31 South 00033'04" Woos. .. di.....""e uf 660.00 feet to point; Thence North 89046'38" West a distance of 250.00 feet to a found Ii, inch steel pin; ThC<lcC )Joerh 81)058'2,1" W".. . di"a""" of 340.37 fce. to a point; - n,cncc No[[h OO~33'04" Ea_r a d1>tance ot 661.18 feet to a poilll 011 the northerly line of said Section 31; Thence following the northerly line of seetion 31 South 89.46'~:;" E... . distance of 590.36 feet to The POINT OF BEGtNNlNG. Prepared By: THE LAND GROUP. INC. 462 E. Shore Drive, Suite ]00 Eagle, Idaho 83616 208-939-4041 208-939-4445 (FAX) , '. I.,:; ",: I"" . ~. .;. .. ":i "I':' I..... Exhibit C CJIT OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF nJL Y 20,2006 SrTUATEO IN THE NORlHEAST 1/4 'OF THE NORT1-EAST 1/4 OF SECTION 31 TOWNSHIP 4 NORTH, RANGE 1 EAST, 8.M.. CITY a= MERlClAN, ADA COUNTY, DAHO \. ~V~W~P~~:L--- ' .... 1'IIEfllbll.e.t-l pUBl.lO WORKSoE.P'\'. LEGEND ~ ~ ~ at A CAlClJLAm> PCINT f'OUIID 1/2- $lEEI, PIN fWNO BRAn fJAP SECllON UNEjSlREET CEN1IMJNE NlHElCA JJOH flOUNOAIlY 1/1 ~ J . I ~ ~ . J. I> t ~ r i I n ...~ ,.....ool!!l 'rim 1"i\ND GROUl', INC. ~ !It... f-' ~ .~nA"'~ i I. j5r~"~'-~ ~ - ..;: ii3tt,e fIIJJ __ , ;: iIIIDF IBm tIIIi lilllOlNElOklSURVI<YOR PROJECT INfORMATION ~'" ( OOIHiOG PROJECT_NO.O~7.' EXHIBIT"W ANNEXATION PROPERTY HARPE SUBOIVISION Exhibit C 1 j:: f {~, ;> G .' '" r ~: "" i ~,' ~' ',' i ~ ~~; c ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE OF JULY 20,2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at tbe public hearing, review tbe application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8, Council fmds that ~ Dortion of this site should be zone R-4. not R-8. Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council fwds that single-family residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment sball not be materially detrimental to the public health, safety, and welfarc; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Couneil finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing serviccs to this site, as eonditioned in the staff report. 5. The annexation is in the best of interest ofthe City (UDC 1l-SB-3.E). Council fmds that all essential services will be provided by the developer to the subj ect property and will not require unreasonable expenditure of public funds. Thc applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan; and this is a logical expansion of the City limits. In accordance with the findings listed above, Council f"mds that Annexation and Zoninl! of this property to R-8 and R-4 would be in the best interest of the City, 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council supports the proposed density and proposed plat layout, Exhibit 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006 with recommended changes, as they eomply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are avallable or can be made available and are adequate to accommodate the proposed development; Council finds that public services ean he made aV311ahle to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 3. The plat is in conformance with SCheduled pUblic improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, staff ftnds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of suPportiD2 services for the proposed development; Staff recommends the Commission and Council rely upun comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may he presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic, or historic features on this site. Therefore, staff fmds that the proposed development will not result in the destruction, loss or damage of any natural. scenic or historic tea1ure(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natwal or scenic feature(s) of major imponance ofwhieh staff is unaware. Exhibit D