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Whitebark Subdivision AZ 06-044 ADA COUNTY RECORDER J. DAVID NAVARRO BOISE IDAHO 01/25/07 01:4B PM DEPUTY Patti Thompson RECORDED - REQUEST OF City of Meridian AMOUNT .00 37 1111111111111111111111111111111111111 107011191 DEVELOPMENT AGREEMENT PARTIES: 1. 2. City of Meridian Cindy K. Lewis Trust, Owner/Developer THIS DEVELOPMENT AGREJ:MENT (this "Agreement"), is made and entered into this .2 /I...!:- day of J;r h U,t..~ ' 200i!, by and between City of Meridian, a municipal corporation of the State of Idaho, ere after called "CITY", Cmdy K. LewIs Trust, 2025 E. Chateau Dr., Meridian, Idaho 83646, hereinafter called OWNER/DEVELOPER. 1. RECIT ALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State ofIdaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I.C. S 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 ofland; and 1.4 WHEREAS, Owner/Developer has 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, (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 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 DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION PAGE 1 OF 9 of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the lih day of December, 2006, has approved certain Findings ofF act 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 to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNERlDEVELOPER deems it to be in 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 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. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORA TION 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 ofldaho, organized and existing by virtue oflaw DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION PAGE 2 OF 9 ofthe State ofIdaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 OWNERlDEVELOPER: means and refers to Cindy K. Lewis Trust, whose address is 2025 E. Chateau Dr, Meridian, Idaho 83646, the party developing said Property and shall include any subsequent developer(s) or owner(s) ofthe Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Unified Development Code codified as Meridian City Code Section 11-2A-2, as follows: Construction and development of 48 single-family building lots and 8 common lots on 19 acres in the proposed R-4 zone pertinent to this AZ 06-044 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. 2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. That the applicant will be responsible for all costs associated with the sewer and water service extension. DEVELOPMENT AGREEMENT (AZ 06-044) WHlTEBARK SUBDIVISION PAGE 3 OF 9 4. 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. 5. That the following shall be the only allowed uses on this property: detached single family homes and allowed accessory uses of the R-4 zone. 6. That a maximum of 48 units will be constructed on this site. 7. That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. 8. That a street buffer, constructed in accordance with City Code, be installed along Amity Road prior to occupancy of any new dwelling units. 9. That the Cottswold Village Subdivision (AZ-06-042, PP-06-044) annexation ordinance receives approval and signature from the City Council thereby creating a path of annexation for the proposed Whitebark Subdivision. 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 Ownt:r/Developer or Owner/Developer's 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 9 67-6509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consents upon default to the reversal of the zoning designation ofthe Property subject to and conditioned upon the following conditions precedent to-wit: DEVELOPMENT AGREEMENT (AZ 06-044) WHlTEBARK SUBDIVISION PAGE 4 OF 9 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions ofthis Development Agreement and all other ordinances ofthe City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of anyone or more of the covenants or conditions hereof shall apply solely to the breach and breaches waived and shall not bar any other rights or remedies of City or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at OwnerlDeveloper's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning ofthe Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 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, or by any successor or successors in title or by the assigns ofthe 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. DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION PAGE 5 OF 9 12.1 In the event ofa material breach of this Agreement, the parties agree that City and Owner/Developer 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 be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, 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 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 the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvcmcnts have not been installed, completed, and accepted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer 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) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: DEVELOPMENT AGREEMENT (AZ 06-044) WHLTEBARK SUBDIVISION PAGE 6 OF 9 CITY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER/DEVELOPER: Cindy K. Lewis Trust 2025 E. Chateau Dr. Meridian, Idaho 83646 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 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, tennination 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 ofthe 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 inurc to the bcnefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement ifCity, in its sole and reasonable discretion, had detennined that Owner/Developer have fully perfonned 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 06-044) WHTTEBARK SUBDIVISION PAGE 7 OF 9 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval ofthe 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 DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning ofthe Property and execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. ::~~ ,\\\~~\\O .. . AMMY de WEERD ,,\ A. '\ . /// ~~ ~/ / 7 ! c;~~g ~C~cil /-/o-{} - - ~ - PAGE80F9 STATE OF IDAHO, ) : ss County of Ada, ) On this rzs<1 day of 31 NJo. ~ ' (C{) 'I , before me, the undersigned, a. Notary Public in and ti said State, personally appeared Q Arv\~'i.. lru.51':J , known or identified to me to be the ~e:.J\tlJLnt of CIN K. LEWIS TRUST, and acknowledged to me that he/she executed the same on behalf of said Trust. ~~~9, Notary Public I Residing at: ~1 )"'7:e.. ~(L"y-<> My Commission Expires: q\ ()l STATE OF IDAHO ) : ss County of Ada ) On this I Uth day of Jo..ru 1 Cln+- ,.:JOO"+, before me, a Notary Public, personally appeared Tammy de Weerd..J.md William G_ Berg, Jr_, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ....... · GR '. .~. 1~' ;;" '. .. ,,~.....----!-'.~ . (SEAL)"'~,-C;ctAR~"\ ... ',- ' . · t:.. ~ , \ . .~, , I . 1 · t I . , I . \ , - " ~ /./;2- ... '~~. . " ~/,... t"'... ",';if 1Iit.". '. v,'~~-_.~~. ''IrE ~... to..... ~A(lOU Notary Public for Idaho Residing at: (Y l \ rt I 1 l' l 1 \ I D Commission expires: I C\~ I \ -II DEVELOPMENT AGREEMENT (AZ 06-044) WHITEBARK SUBDIVISION PAGE 9 OF 9 IDAHO SURVEY GROUP /)l~~ >to- ~ C d0aJ~ ~ 1450 East Watertower SL Suite 150 Meridian. Idaho 83642 Phone (208) 846-8570 Fax (208) 884-5399 Project No. 06-135 May 1, 2006 Lewis Annexation Description A portion of the East 1/2 of the NE 1/4 of the NW 1/4 of Section 32, T.3N., R.lE., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 29,30,31, and 32 ofT.3N., R.1E., B.M.; Thence South 89043' 50" East, 1322.60 feet to the West 1/16 corner common to said Sections 29 and 32, said point being the REAL POINT OF BEGINNING. Thence continuing along the North boundary of said Section 32 South 89043'50" East, 500.72 feet; Thence South 00018'40" West, 356.50 feet; Thence South 89043'50" East, 160.50 feet to a point on the North-South mid- section line of said Section 32; Thence South 00018'40" West, 980.66 feet to the C-N 1/16 comer; Thence North 89045'14" West, 661.99 feet to a 3/4" iron pin set in a concrete filled 6"x5' iron post; Thence North 00020'39" East, 1337.43 feet to the Point of Beginning. Containing 19.0 acres, more or less_ Prepared By: Idaho Survey Group, P.e. ~CANNED TO COMPUTER FILE ~OPIED TO PROJECT FILE nYCOPIEO TO: K S REV~W Af'fRQVAJeL ______ BY~ D. Terry Peugh, PLS AUG 1 4 ?006 lVii:.R1DIAN puBLIC WORKS OEPT. Pro f e s 5 ion a I L a. nd Sur v e y 0 r s CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED DEe 0 6 2006 ~., 0 eridian . k Office e:U'oridi'tfn - '\ \ I (MHQ .' ~p J1 ~1~~~' ,. In the Matter of Annexation and Zoning (AZ) from RUT to R-4 AND PreJiminary Plat (PP) approval of 48 building lots and 8 common/other lots on 19 acres, for Whitebark Subdivision, by nan Wood. Case No(s): AZ-06.044 and PP-06-046 For the City Council Hearing Date of: October 17,2006 (continued to October 24, November 8, November 21, and November 28, 2006, with rmdings on the December 12, 2006 City Councll consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) B. Conclusions of Law I. nlt: Cily of Mmillan 8hl111 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. S67-6503). 2. The Meridian City COWlcil 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 8hall be reviewable by the City COWlcil pursuant to Meridian City Code ~ 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-Q46 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian plamringjurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shllll bl: signtd 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 October 17, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S II-SA 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 3,2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 17, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat wilhin twu (2) yt:ars uftht: approval uftht: prt:liminary plat or um: (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 [mal 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- 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 detennined 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 . PAGE 2 of 4 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is herehy 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 final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a fmal action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 17,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / pp-06-046 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the 12 f'~ day of ~"'J ~ ,2006. COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED r VOTED~ VOTED~ COUNCIL MEMBER JOE BORTON COlINCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED -- MA~/ ',:.{'o'.:'" 1\1 \ II \ 111111///111/ ATTEST' ,;,:.-'. "",~ ~ ~II((( ~ . $"'cY~~'('~," ~ ~ ~ ~:P-~ 0-.-, { 0 \ WILLIAM G. BEiG,~~C~Y CLERK.~ ~ SEAL.f? j ~ "'6_~r t5~'" .f f /' "/" ?f ~ $ Copy served upon: V Applicant '''(/(1 On... 'T'" "" ,..."" _ /' II ""'-'1'1 l' 1'\' V Planning Departmefrtll/", ",,'1,1 V Public Works Department V' City Attorney BY:~~ City Clerk's Office Dated: ~-dO-OUl CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NOeS). AZ.06-044 / PP-06-046 . PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 SURJECT: Justin Lucas Associate City Planner Meridian PlaruUng Department 884-5533 Wbitebark Subdivision ~rldi~\ \ ILJ.\HO ". STAFF REPORT TO: Hearing Date: 10/17/06 Mayor and City Council FROM: . AZ-06-044 Annexation and Zoning of 19 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) zone . PP-06-046 Preliminw:y Plat of 48 single-family building lots and 8 common lots on 19 acres in a proposed R-4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dan Wood, has applied for Annexation and Zoning (AZ) of 19 acres from RUT (Ada County) to R-4 (Mediwn Low-Density Residential) and Preliminary Plat approval of 48 single family residential lots and 8 common lots for the Wbitebark Subdivision. The site is located on the south side of Amity Road approximately half way between Locust Grove and Eagle Roads in Section 32, Township 3 North, Rangc 1 East, and is clUTcntly refercnced as Asscssor's Parcel Numb!:r 81132212600. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06.044 and PP-06-046) were submitteu tu the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Whitebark Subdivision (AZ.06-044 and PP-06-046) with the conditions listed in Exhibit B of the Staff Report. Tbe Meridian PI.nnin!! and Zonin!! Commission beard tbese items on SeDtember 21. 2006. At the Dublic bearin!! they moved to recommend aooroval. a. Summary of CommiRRion Puhlic Hearin!!: 1. In favor: Kent Brown. Dan Wood ii. In opposition: None ili. Commenting: None iv. Staff presenting application: Justin Lucas v_ Other staff commenting on application: Caleb Hood b. Kev Issues of Discussion bv Commission: 1. Desie:n of cul.de.sac/hammerhead at the tenninus of the proposed South Limber Pine Street. c. Kev Commission Cbao!!es to Staff Recommendation: 1. None d. Outstandin!! Issuees) for City Council: 1. None The Meridian City Council heard tbe!le items on October 17. October 24. November It November 21. and Novemher 2ft 2006. On November 2R 2006. City Council aooToved the subiect ann!iestlons. with cham~es. Whitebark Subdivision AZ-06-044, PP-06-046 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 .a. Summarv of City Counell Public Hearin~: i. In favor: Kent Brown. Dan Wood ii. Tn onnosition: None iii. Commentinl!: None iv. Written testimonv: N.~ v. Staffpresentinl!: annlication: Anna Borchers Canni~ vi. Other sotaff cllmmentinp' on lInnlicAtion: None ha Kev Issues of Discussion bv Council: i. - DesilPl of the cul-de-sac/hammerhead at the termillJ,lU.lf South Limber Pine ~ ii. - The amount of usable ooen soace orovided in the subdivision. ,y Kev Council ChanfJell to Commisllion Recommendation: i. ~ Removed condition] .2.6. which reouired the aonlic.ant to use a cul-de-sac in- stead of the DrQDOSed hammerhead at the tenninus of South Limber Pine Street. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-044 and PP-06-046 as presented in the Staff Report for the hearing date of October 17, 2006, with the following modifications to the conditions of approval: (Add any proposed modificatiow. ) Demal After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 044 and PP-06-046 as presented during the hearing on October 17, 2006, for the following rca:sunl:i; (S~a~c spt:l,;ifi\; n::~SOlli> for ul;:ll.ial of the all11exa~ioIl amI/ur prdilllrnary plat rC::4ucsL) Continuance After considering all staff, applicant and public testimony, I move to continue File Nwnbers AZ-Q6-044 and PP-06..Q46 to the hearing date of (insert continued bearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2135 E Amity Road Section 32, T3N, R1E b. Applicant / Owner: Cindy K. Lewis Trust 9754 W. Milclay Street Boise, ID 83704 c. Representative: Kent Brown, Bailey Engineers d. Present Zoning: RUT (Ada COlUlty) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 2 CITY Of MERIDIAN PLANNING DEPAR1MENT STAFF REPORT FOR THE HEARING DATE OF OcrOBER 17, 2006 1. Date of Preliminary Plat (attached in Exhibit A): August 3,2006 2. Datt: ufLanUscape Plan (attached in Exhibit A): August 4, 2006 g. Applicant's Statement/Justification: I believe the design of the Whitebark neighborhood meets the needs of the governmental agencies reviewing this application. The neighborhood design provides for quality of life in affordable design. The following design elements are present in the Whitebark Neighborhood: 1. Whitebark has created a pedestrian friendly environment for the future residents with the short block lengths and street design that will not. encourage drive through traffic_ 2. Whitebark has larger lots for homebuyers that may want shops in their back yards. 5. 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: September 4, 2006, and September 18, 2006 (Planning Commission); September 25,2006 and October 9, 2006 (City Council) d. Radius notices mailed to properties within 300 feet on: August 25, 2006 (Planning Commission); September 22, 2006 (City Council) e. Applicant posted notice on site by: September 11, 2006 (planning Commission); October 7, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential/Agriculture b. Description of Character of Surrounding Area: Rural land uses and some single family homes. Much of the land to the north has already been annexed in to the city and zoned for residential uses. This area is in transition from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Rural Residential/Agriculture zoned RUT (Ada County). 2. East: Rural Residential/Agriculture zoned Rl (Ada County). 3. South: Rural ResidentiaVAgriculture zoned RUT (Ada County). 4. West: Rural ResidentiaVAgriculture zoned RUT (Ada County). d. History of Previous Actions:. N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is master planned to sewer to a trunk main located in Messina Meadows. Location of water: This property is proposing water service to future mains installed in Amity Road. Whitebark Subdivision AZ-06-044, PP-06.046 PAGE 3 ClTY OF MERIDIAN PLANNING DEPARTMENT 5T AfF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 Issues or concerns: 1.) Main size and routing. 2.) This property is currently not serviceable. 3.) Depending on the applicants timelines an "Off.Peak Pumping Station" may be required. 2. Vegetation: N/ A 3. Floodplain: N/A 4. Cana1s/DitcheslIrrigation: No major facilities are located on tbis site. 5. Hazards: N/A 6. Proposed Zoning: R-4 7 _ ~i:7.e of Property: 19 acre... f. Subdivision Plat Information: 1. Residential Lots: 48 2. Non-residential Lots: 0 3. Total Building Lots: 48 4. Common Lots: 8 5. Other Lots: 0 6. Total Lots: 56 7. Open Lots: 0 8. Residential Area: 19 acres 9_ Oro:;;:;; Den:;;ity: 2.52 unit:;; per acre 10. Lot Sizes: Lot sizes range from approximately 10,000 square feet to 15,827 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Amity Road. 2. Width ofbuffer(s) between land uses; N/A. 3. Percentage of site as open space: 1.44 acres (7.6%) 4. Other landscaping standards: Landscaping adjacent to micro-path:;; :;;hould comply with UDC 11-3B-12. h. Proposed and Required Residential Setbacks' As per the R-4 70ne for Ringle family dwelling.... i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from the proposed South Whitebark Street which connects to Amity Road. Beyond this access point the applicant has proposed three different stub streets East Bird Pine to the west, East Scrub Pine to the East and South Whitehark to the south. The applicant is also proposing eight foot parkway planters with tour toot detached sidewalks along all of the proposed streets. In general staffis supportive of the street layout. and design. 7. COMMENTS MEETING On September 1, 2006, Planning Staff held an agency 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 Whitcbark Subdivision AZ-06-044, PP-Q6.046 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF OCTOBER 17,2006 and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS 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 residences at densities up to tbret: dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 residential building lots on 19 acres for a gross density of2.52 dwelling units/acre. City Council frods that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehen!\ive Plan policies apply to this application: . Chapter VII, Goal ill, Objective A. Action 1 - Require that development projects 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 to the project at the developer's 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 Libra,y District should suffa no revenue loss as a result of the sub feet annexation. Municipal, feevsupported. services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Mertdtan Planning Department, Meridian Utility Billing &rvir.:e:;, u.nli Sanitary Services Company. . Chapter VI, Goal IT, Objective A, Action 3 . Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in aU land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a 1TUlnner 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 II, Objective A, Action 5 - Require pedestrian access cOIl1lectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Whitebark Subdivi5ion AZ-06.044, PP-06-046 PAGE 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 Staff is supportive of the proposed pedestrian connection to Amity Road via the proposed sidewalks, as well as the proposed stub streets provided to the west, east and south, which will provide for pedestrian connectivity with fUture developments in those areas. . Chapter VII, Goal W, Objective C, Action 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, Aetion 10 - Support a variety of residential catcgorics (low-, mediwn-, and high-density single family, multi.family, townhouses, duplexes, apartments, condominiums, etc.) for the pUIpose of providing the City with a range of affordable housing opportunities. The subject applicatiun includes a reque:;tJur the R-4 zuning designatiun with u prupused density of 2.56 d.u./acre. Stafffinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site and. due to the larger lot sizes.. will add to the variety of housing offered in this area of the city. . Chapter VI, Goal II, Objective ^ Action 6 - Require street connections between subdivisions at regular intervals to enhance c01U1ectivity and better traffic flow. Three stub streets will provide cross-access with the properties to the west, east and south 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.4 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. C01U1ection 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 ean be accommodated within the density range. c. Common driveways: UDC 11.6C-3D describes the standards for common driveways. All conunon drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimwn of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (I 50') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a swface capable uf suppurting firt: vt:hides and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards oftbis Section and shall not be detrimental to the public health, safety, and welfare. 10. ANALYSIS a. Analysis of Facts Leading to StaffRecomrnendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R4 zone is appropriate for this property. Please see Exhibit D for detailed analysis ofthe required facts and fmdings for annexation. While currently this property is not contiguous to the City of Meridian corporate boundary, there is another proposed annexation (Cottswold Village Subdivision, AZ-06-042, PP-06-044) that if approved would create an annexation path for this property. Due to this concurrent application staff was able to process thc request for annexation made by the applicant with the undenltanding that annexation of the property would be contingent upon City Council approval and signature of the annexation ordinance for the Cottswold Village Annexation. The annexation legal description submitted with the application (prepared on May 3,2006, by D. Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City uf Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- 044) annexation application. Special Considerations: Development Agreement UDC 11-5B-3.D.2 and Idaho Code ~ 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) 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 Attomey,' Bill Nary, at 888-4433 to initiate this process. The DA shall incoxporate the following: . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any Whitebark Subdivision AZ-06-044, PP-06.046 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF OCTOBER 17, 2006 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 constructed 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 nnd wnter 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 pwposes such as landscape irrigation. . That the following shall be the only allowed uses on this property: detached single family homes and allowed accessory uses of the R-4 zone. . That a maximum of 48 units will be constnlcted on this site. . That prior to issuance of any building permit, the subj ect property be subdivided in accordance with the City of Meridian Unified Development Code. . That a street buffer, constructed. in accordance with City Code, be installed along Amity Road prior to occupancy of any ncw dwelling units. . That the Cottswold Village Subdivision (AZ-06-042, PP-06-044) annexation ordinance receives approval and signature from the City Council thereby creating a path of annexation for the proposed Whitebark Subdivision. 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 single-family residential development. Please see Exhibit 0 for detailed analysis of facts and findings for a preliminary plat. Land!lcaping: The landscape plan prepared by Jensen Re1t!; A~~oci:lte~, on R-4-0n, is approved with the following modifications/notes: . Per UDC ll-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. . Thc proposed micro pathways shall be constructed in accordance with UDe 11-3Aa8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11~3B-12. . Per UDC 11-3Ga3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. . Per UDC 11-3B-10. 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 ofinsta11ation should apply as listed in uue ll-3H-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Whitebark Subdivision AZ.06-044, PP-06-046 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF OCTOBER 17, 2006 Common Areas I Open Space~ The applicant is proposing to set aside approximately 7.6% (1.44 acres) of the site as conunon usable open space. The majority of this open space is located in the parkways adjacent to the streets and one micro-pathway. Even though the open space provided meets the minimum requirements, Staff is concerned about the lack of a common neighborhood gathering area such as a small park or picnic area. Maintenance of all conunon areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. Stub Streets~ The applicant should be required to provide public stub streets to the Huffman property to the west (parcel #SI132212650), the Warrick Property to the east (Parcel #SI132121100) and the Providence property to the south (parcel #Sl1322447l5) as proposed. Parcel No. S1132211540 and S1132212510~ As proposed, the applicant is not proposing to provide access to the two out parcels to the northeast. ACHD is requiring the applicant to dedicate right-ofwway along the entire length of the out parcels located to the northeast abutting the proposed entry road. Staff is supportive of ACHD's requirements because it will help these parcels redevelop in the future without having to take access off of Amity Road. Existing ResidenceslBuildings~ The site currently contains one out building. All existing buildings shall be removed/re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the fInal plat by the City Engineer. Hammerbead~ Both the Fire Department and ACHD are not supportive of the hanunerhead that is located at the terminus of South Limber Pine. Both of these agencies reconunend a standard cul-de-sac design. Staff supports these other agencies and believes that a standard cul-de-sac would be more appropriate for this location. Pressure Irrigation~ The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing swface 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 cOIlnection is utilize~ 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 undergroWld, 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. FeDcin~ Six foot solid fencing is shown on the landscape plan around the perimeter of the project. Four foot fencing is shown adjacent to micro pathways. The applicant should submit a detailed fencing plan with the final plat application for the 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 perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximwn within 20 feet of all rights-of.way. All fencing shall be installed in accordance with UDC ll-3A- 7. Ditches, Laterals, aDd CaDals... As per UDC 11.3A-6, all irrigation ditches, 1alt:f"d1s ur canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 9 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 b. Staff Recommendation: Based on the above analysis, staff finds that application~ AZ-06-044 and PP_ 06-046 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in ExhibitB. The Meridian PllInnine: and Zooin!! Commission heard these items OD Seutember 21. 2006. At the DubUc hearin!! they moved to recommend IIDDfOVal. The Meridian City Council heard (helle itemll on October 17. October 24. November 8. Novemher 11 and Novemher 2R 2006. 00 November 28. 2006. City Council annroved the suhiect annlicatioo!l. with chanp'e!l. 11. EXHIBITS A. Drawings 1. Preliminary Plat (Dated: August 3, 2006) 2. Landscape Plan (Dated: August 4,2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department S. Parks Department n. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description D. Required Findings from Zoning Ordinance Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 10 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 A. Drawings 1. Preliminary Plat (Dated: August 3, 2006) , , . , <-t --;r' It i! (~~, ~~ I! :.,~ "~t i - ,:, \, j' 'l~ " ' I II: ~ :'" ~ ~ _ , d',iJi i' ! "; ,-' i I ! fIll f -t-: I! : il'! 1;1 !1~Ui; - 1!!1 I, I 1,-. HJ : \ !If -;'; , .~ .~..L I!l fl .-. Ij i;'li;i;n;i/~ !ilii~i5!1 ~!1' !li'..!. : . " ;e'Ehl~ ' ~ " -l'.-/!- I . I H'II'~ ! i " .',il,; . ; I ~l - !.~ I ! \ i' :!" a i I II Ii!!,. ! ':I",!, . !~I!! i ; d ,Iii ,~ ., :1;, ~ ! ~ ~ r-~:2 ~ iii ~~ Ijl" i ~ iI II i I a I , d ~ t : Uii q ~ 'I~.ilf I i ~ H : , t, i r ~ ~ I II. i' ,1 , i . - I ,- ~ I~'l' -i!!iell ! II'! f. I i I I! i ), I i III i !I :iI,lI, I 111:'111 WI II I II" ,!I I II i I i I I I II" 011 )- ;1J1 ~ ~' ZID r ' ~~ Hi ~\? Z i O~);Uil 00 ;1J ~ 'III' < ~ II ! O Vi II.!J - ! D ;lll! ~ ..j ~ i' , II~ ~ hhibit A ~ ,2. f '. ~ ~~ , ; ~ ,', \ I \" , 'I , ii -; .~ ; , , I '-~~-- ~. ... ,(i;1 ,.._, .:.......~ I'IIn....:II'I..-. &.1.tiI" I!II~ I!il!~ '11& Il!i I!III~ I(I~ i, n I!ll il~'lri~"!!!IIIII~ I ~ ~ ~~! I '11'1 . I I I. , CITY OF MERIDIAN PLANNINO DEP AR1MENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER J 7,2006 2. Landscape Plan (Dated: August 4,2006) :71 ~ ml "': -I ;1 J: ~! - _i -I 0, :<>1 ;1:' m 0' I I OJ )> I I '" A .,.r , IV') .C I !0:;7 1 . 0 < (,/') 11;--11\ " 0 Z ~_..........,- i! i~~(\' !li! 'I Sl:l' .j'l= Ili.. M. I~ 1 'i;' Ii ''(: I; u I ~ II. :<1' liD ill ~~~;~ II ~ll Exhibit A .. ,~~J' 1 f ~ i ! " '1 Ii I ll! I ~ : if! 'f j' \ I ~ .I " ~._- I; If I~ 'l~ !- .!nil ~ Ii iil 1" .' I ~,,~I~ j! '''! II ,! I IliE I' ". I" HR~ ~~ :tlr ~~ ! ~" 1'1 , , -< ~ , , ! I '''I \ ..Ii i ~ iii, ~lill ~ I 9.:) ~ ..~ It I~ o lllll'!ll ~ II!! !1m; ~ w ~ II!~ I irllllP I,ll. ill!lh 1'1: ,J!~ IIII~~I Iff! !!!fi! iii Ii I 'lid!lil! ,II! il!l!j Ii Ill' 'il' II I II!!),' : III ji, ;, . 1 ......... I ' ~r't:n 1'1 m" i.;i.i,i,i.l, ;;; 'j .iF,'I"jii HI m I ~ ,. HI) n~~~~ f :~ ~. Ii ~ b...- F .. , . CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 1HE HEARING DATE OF OCTOBER 17,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the aWlexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of 8Wlcxation ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. 1.1.2 The annexation legal description submitted with the application (prepared on May 3, 2006, by D. Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City of Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- 044) annexation application. 1.2 SITE SPECIFIC REQUIREMENTS-PRELJMlNAR Y PLAT 1.2.1 The preliminary plat labeled as Sheet I, prepared by The Land Group, ual~ll August 23, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-044) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-046). 1.2.2 The landscape plan prepared by Jensen Belts Associates. on 8-4-06. 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 shall be constructed in accordance with UDC 11~3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11- 3B-12. · Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. . Per UDC 11-3B.I0, the applicant should work with the City Arborlst, Elroy Hl.lff, un 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. The landscape plan is not to be altered without approval of the Planning and Znning DepartmenL No field changes to the landscape plan are permitted. 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 application(s). 1.2.3 Provide public stub streets to the Huffman property to the west (Parcel #S1132212650), the Warrick Property to the east (Parcel #51132121100) and the Providence property to the south (Parcel #SI132244715) as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER) 7,2006 1.2.4 Provide public street frontage along South White Bark Street abutting parcel nwnbers S1132212540 and Sl132212510. 1.2.5 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. 1.J.8 "FRilllJl,lillMt shall l'llplull the PKj1illHli l'laHllBemllaa 8t the tel'l11imte sf Eo"'1h ];._11 u Pins .>'ith 8 a_dad lllilllilc 886 tnat HUlet!! Fire DllJlftltlftllM twtHn8 falHWi at!lRdM"dll. 1.2.7 Maintenance of all common areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. 1.2.8 Per UDC 11.3A.6 all irrigation ditches, laterals or canals, exclusive of nalural walcrways, 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. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC ll-3A.17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-II. 1.3.3 The City of Meridian requires that pressurized irrigation 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 finlll 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 ll-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 Jar the subdivision with the final plat application. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modification$ a$ proposed by staff. 1.3.5 The applicant shall submit a fencing plan with the fmal plat application for the 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 considered as replacement trees for those trees that have 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. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11.6B.7. Exhibit B CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer :servi\,;~ lu lhis development is being proposed and shall be required to be via extension of an IS-inch trunk main planned in Messina Meadows. This property is currently not serviceable and the City of Meridian does not guarantee sewer-ahility in the tiroelines established in the UDC. 2.2 The applicant shall have to wait to sewer this property (final p1a.t signature) until the Black Cat Trunk COlUlects to the "diverting manhole" at Glacier Springs Subdivision, or be responsible to install a temporary off.peak pumping station in a location coordinated with the Public Works Department. The station design and capacity shaH be coordinated with the Public Works Department. The design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2.3 The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms 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. 2.4 The applicant shall be responsible to install a IS-inch sewer line through this development as shown on the preliminary plat. 2.S Water service to this site is being proposed via extension of mains planned in Amity Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.6 The applicant shall be responsible to upgrade the water main in S. Whitebark Street to 12-inoh. This is necessary to comply with the City of Meridian's policy of l2-inch mains on the mile and half-mile. 2.7 Thc applicant shall be responsible to install sewer and water mains to the end of all stub streets proposed in this development. 2.8 Any potential reimbursement agreements must comply witb all requirements of City Code 9-1-13 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. 2.9 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). No trees shall be allowed within the sewer easement on Lot 7, Block 4. 2.10 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source 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 cOlUlection 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. 2.12 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the [mal plat by the City Engineer. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 2.13 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 requirement and comply with all landscape requirements. 2.14 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 2.15 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non. domestic purposes such as landscape irrigation. 2.16 Per UDC 11.3A.6 all ilTigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or nonwapproval 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. 2.17 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.18 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 fmal plat. 2.19 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. 2.20 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, priur to signaturt: un the fInal plat. 2.21 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fai.r Housing Act. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Prolectiun Agt:ncy. 2.23 Applicant shall be responsible tor application and compliance with any Section 404 Permitting that may be requireu by tht: Army COIl'S of Engint:ers. 2.24 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near siuewa1k Lht: applicanl shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.25 Compaction It::sl n::llults llhal1 be llubmitted to the Meridian Building Depanment for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.26 Tht: t:ngineer llhall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.27 One hundred watt, high.pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium street1ight~, on 10' 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 Exhibit B erTY OF MERIDIAN PLANNING DEPAKlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersection!: and/or fll'e hydrants, and no further than 400' distance in between locations. Final design locations and quantity are detenmned after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 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 Y2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face u street which docs not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants 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 mcct the fcquirexm:nts uf tht:!Fe Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 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 turn around. (The proposed cuI-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 turning radius of 28' inside and 48' outside radius. The hammerhead at the terminus of South Limber Pine shall be converted into a cul-de-sac that meets emergency vehicle road way requirements. 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 rue hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measmed aronnd the perimeter of the building. 4. POLlCE DEPARTMENT 4.1 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site as submitted with the application. 6. SANlTAKY St;RV1l.:I<; COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS Exhibit B 7.1.1 7.1.2 7.1.3 7.1.4 7.1.5 7.1.6 7.1.7 7.1.8 7.1.9 7.1.10 7.1.11 7.1.12 7.2 7.2.1 7.2.2 7.2.3 7.2.4 Exhibit B CITY OF MERIDIAN PLANNING DfP AR1MENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 Dedicate 48-feet of right-of-way, an additional 23wfeet, from centerline of Amity Road along the entire site frontage. Construct a S-foot detached concrete sidewalk not closer t.han 41-feet from t.he centerline of Amity Road and provide an easement to the public for any portion of the sidewalk located outside ofthc public right.of-way. Construct South Whitebark Street as a local roadway located approximately 470-feet east of the northwest property line (measured centerline to property line) as a 50-foot st.reet. sect.ion within 64-feet of right-of-way, complete with vertical curb, gutter and 5-foot attached concrete sidewalk within the proposed right-of-way. Locate a center island in the entry road at the intersection ot. Amity Road and provide 21-[eet of pavement on all sides of the island. Dedicate rightwof-way along the entire out.parcel1ocated to the northeast abutting the proposed entry road. Construct the internal roadways as 36-1'oot street sections within 54.feet of rights-of-way complete with curb, gutter and 4-[00t detached concrete sidewalk. Provide an easement to the public for any portion of the sidewalks located outside oftbe public right-of-way. Construct three knuckles within the development with center islands as proposed, with a minimum 29-feet of pavement surrounding the islands in the knuckles. Construct a standard cuI-de.sac turnaround at the tenninus of South Limber Pine. Construct a stub street to the east, East Scrub Pine Street, located approximately 500.feet north of the southeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the east of this site. A sign shall bc installed at the tcmninus of the stub street stating that, "THIS ROAD WilL BE EXTENDED IN THE FUTIJRE". Construct a stub street to the west, East Bird Finc Street, located approximately 830-feet north of the southwest property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the west of this site. A sign shall be installed at the terminus of the stub street stating that, "TIllS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the south, South Whitebark Street, located approximately 165wfeet west of the southeast. property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the south of this sileo A Sil!\ll shall bt: installed at the terminus of the stub street stating that, "TInS ROAD WILL BE EXTENDED IN THE FUTURE". Amity Road is classified as an arterial roadway; all access points to Amity Road will be closed except the access specifically approved with this application: direct lot access to Amity Road is prohibited and should be noted on the final plat. Comply with all Standard Conditions of Approval. GENERAL REQUIREMENTS Any existing iuig<ltiun facilitit:s shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-uf.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 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, TSPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incoJporates any required design changes. 7.2.9 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. 7.2.10 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. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the rigbt-ofwway. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLmE (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 ACIID conduits (spare or fillod) ate compwrnist:d during any phase of construction. 7.2.12 No change in thc tenns and conditions of this approval shall be valid unless tht:y art: in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confrrmation of any change from the Ada County Highway District. 7.2.13 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 roles, 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 ufits intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B CIlY OF MERIDIAN PLANNING OfP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 C. Legal Description ,"L"" -,"" .c'"' (\ \.i IDi"hO SURVEY~;' GROUP 1.1:10 f"l', 1'1 II".. ' ;":1::;' 1'1\\ j.l- lldldfl. I.'. . " I.~.t:,'" ftIWr1[, (,'\1:'1 ,.,'.I(",S:; /1\ F"x (?Ut:; :":~'i !)~9It Prnil(f N~l, (1(,. I ~.. tl,h:. I, )(lIl<, I ,I.'wis .rf"an"~XJlion ()escrifllioll A poni,," of III" [,,,,t 1/2 or .llt: NE )14 (!f lhc NW Ii'! or S",'1I011 J:!, TJN., 1<.1 E., B.M" Ad<l CO~II1Iy, Idaho, nwrc pat1i"ularly de~cl il"t'd <IS foll<lws: c."I1H)'l:[]"iHg al (11<, comer COJJlflWll1O SC~\jOl1S 29,30.31. and 31 ofTJN,. R.l E., IlM.; TI'L:()cL: SOI1III 89"<13' 50" E,,,st, 1322,60 fnet to tll" W~~l 1116 comer COIIHllnn to sail! .scClion,<; ~') <Inti n, snld pain I bciJlg lh~ REAL POINT OF BE,GINNING. The"c~ "onl;n<l;"1:\ ~Jo"g the Nurth bU"lldary ofs"jd S~<.;li'm :12 Suuth 8')"4) '~()'" East, 500.72 kel; Theme SOUlh 00018'40" We..t, .156,50 reet; Then<.;e SOllth 89043 '50" Ew;/, 160.50 feel 10 a poin! nil thc Nllrlh,Solllh 1111(1. sec\ion line nf' ,.;air! .,>,,"Iinn ,'); Thence SO<l'h 00"18'40" WeSI, 980.66 feet to the C,N I/J6comer; Th(mc~ North S!)045 , 14" West. 66J .99 f.::ello a 3/<1" iron pin $d ill "cuncrelC filled 6"><5' iron post; Thence North 00020'39" East. \337.43 [eel to rhe Point of Beginning. Cimlflininj', 19, U acres, more or leGS. Prepared By: Idaho Survey GrollP, P.C. ~CANNeD TO COMPUTER FILE l3'"COPIED TO pROJECT FILE aYCOPIED TO: K b ProfessIonal L,;and SUr'lEi>,O/'S Exhibit C CITY OF MERIDIAN PLANNING OEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER] 7, 2006 ;I I Q~ I~I ~ !5~ '::I-Ii Ihl ~.I sil .- ~I I ... i I III o :::i~ "'I>. ;lw I>.Q Z'" g~ a;~ ~ ;; -~!/ -= ~ ~~ 'o.ii ~ u c: c:Jiil~ 'S: 5: .. I Z -= S .- C. lID - .fi ~ co: t' Iih _ z~ ~'Ci (; ~ ~~ ~!!: $"' -ll c,,)~ ". SOO.18' 40.W r;---------...B.aQ.~--------1 ,I I S00"18' 40"W '~b I r--~~~~ d I 'c,,~ :3: :w II ~ I~o, <.:> 'lo ~ o - , I-- , '<t ..-- If) N, Z ~ I" (D a 1""-0\ - Z en CD 1')" 0 CO 'Id- 0 Z . 0, a. (3 : Z ~ 10, ...J W I ~ I ~~ , I Ct: 0 , ~1f-----------NOO'20'39=E-----_n___-.-J . CI;I " i}:~ ~ 1337.43 $ Ol N. C'!I '"l~ en 1 (I) 10 ~i ;;) ~ .., .0 (1)1 VlIJ.. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006 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 the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. City 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 compUes with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family residential uses are allowed within the requested zoning district of R4 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 shall Dot be materially detrimental to the public health, safety, and welfare; City 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 detennining this fmding. 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 Dot limited to, school districts; and, City Council fmds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of intend of the City (UDC 11-5B-3.E). City Council finds that all essential services will be provided by the developer to the subject propClty and will not require wlreasonab1e expenditure of pub1il; funu:.>. Tht: 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, City Council fmets that Annexation and Zoning of this property to 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, tbe decision-making body shaD make the fonowing findings: 1. The plat is in conformance with the Comprehensive Plan; City Council fmds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. City Council supports the proposed density and proposed Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006 plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Pleao;;e see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services can be made available 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, City Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public se!vice providers (i.I:., Pulict:, 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 healtht safety or general welfare; and Staff 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 reconunends that the COnmllssion and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staffis unaware. 6. The development preserves significant natural, scenic or historic features. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Conunission and Council reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D