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Cabella Creek Subdivision Addendum AZ 06-014ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 54 1 BOISE IDAHO 08123101 04:44 PM III ILII'III'IIII'IIIII'I'I'I'L'Ltl'll ~ j DEPUTY Gail Garrett RECORDED-REQUEST OF 107119576 ~ Meridian City ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. ATM Development, Developer 3. Martin Artis, Owner The following is an addendum to that certain DEVELOPMENT AGREEMENT, entered into on the 14th day of August, 2006 and approved by the Meridian City Council on August 22, 2006. This addendum is made and entered into this ~5+ day of ~quSd , 2007, by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642 and ATM Development, whose address is 660 East Franklin Road, Meridian, Idaho, 83642, hereinafter called DEVELOPER, and Martin Artis, whose address is 9292 W. Pandion Court, Boise, Idaho 83714, hereinafter called OWNER. OWNER and DEVELOPER agree to be bound by the terms of the original Development Agreement (instrument # 106141057), approved on August 22, 2006 on the land described in Exhibit "A", except as specifically regarding the following items: 1. The parties hereto agree that the development of the property described in Exhibit "A" shall be in accordance with the terms of the above described Development Agreement, exhibit "B", or those City ordinances in effect at that time any subsequent conditional use application is filed, whichever are more restrictive. 2. That the original Development Agreement, Instrument # 106141057, approved on August 22, 2006, and recorded on August 31, 2006, be amended by modifying the following: • Page 3, Section 4.1-deleting the allowed uses section as follows: "Construction and development of a Certificate of Zoning Compliance shall be submitted to the City of Meridian prior to a future development in the R-4 zone; and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ-014 application. " • This Section 4.1 shall be replaced with the following allowed uses: "Construction and development of a residential subdivision with 47 single- family residential building lots & 11 common lots on 18.84 acres in the R-4 zone pertinent to this AZ 06-014 application. " 3. That Owner and/or Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner and/or ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE I OF 5 C Developer, or their assigns., heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 4. This addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This second addendum shall be binding on the Owner and/or Developer of the Property, each subsequent owner and any other person(s) 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 hereon 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 and/or Developer, to execute appropriate and recordable evidence of termination of this addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed their obligations under this Addendum. 5. If any provision of this addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 6. This addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum 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. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within 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. 7. This addendum shall be effective as of the date herein above written. ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 2 OF 5 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and Made it effective as hereinabove provided. OWNER: MARTIN ARTIS DEVELOPER: ATM DEVELOPMENT CITY OF MERIDIAN BY: Mayor T de Weerd Attest: \\`,,,.~`~y ~ ~~%,,~~~i ~~T ~~ r ~a ~~~~ William G. Berg, Jr., Ci ler ~ ~' ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 3 OF 5 STATE OF IDAHO, ) County of Ada, ss On this ' S}day of , 2007, before me, the undersigned, a Notary Public in and for said State, persona ly appeared Ao,u-rnc~ ~Qd.ee ~M0.~' {~ t~ RY;~~S known or identified to me to be the O w n er-s of ATM Development, acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. `G ~, N16ROO~, y ~pTARy N ~ ~~ ~ PUBV~~ d`>, O~ STATE OF IDAHO, ) : ss County of Ada, ) otary Public r Idaho Residing at: 5' ~~ 8~o3y My Commission Expires: O ~ ~ On this ~ g+ day of , 2007, before me, the undersigned, a Notary Public in and for said State, personally appeared Martin Artis, known or identified to me to be the above person, acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~.•G~ E. N/F ,~ , R~ •.,~ .~~G OT ~~i~~': otary Public or Idaho ~ ~ ARr ~ $ Residing at: 1'~ . ~~-~~ ~'3G.3G~ ~ ~. _ ~7yC ~, pUB LiC ~ My Commission Expires: 6 ~ 3 ~~~'••~~F 4F 1D~-~I-~~ ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 4 OF 5 STATE OF IDAHO ) County of Ada ss On this ~'4~' day of f~l1AUS~ , 2007, before me, a Notary Public, personally appeared Taminy de Weerd and~Villiam G. Berg, Jr., known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) •' ~• ~~ •• • .F; ~ • . ~ ,. ., . ~ ~ • .. 0- ~o: ~• ~~~ PCI~~~Q'i • ~r -- ~ ~~ •~I`a9TE O •• ~.... • ~~o~~ a tYt.~a 0 >J Notary Public for Idaho Residing at: ~ U~ l_t l1~ Commission expires: ~p-- ~_t ~ ADDENDUM TO DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 5 OF 5 • ~~ ~~ ~~ ws~.ai TH8 L9ND GROUP, IAiC. February 10, 200G Project No. 2700 ~etlc$r. "A >~" Legal Description Cabella Creek Subdivision Annexation & Rezone Area 20.16 Acres A tract of land fox annexation and xeone purposes, being Lots 3, 4, 5 and 6, Block 1, Kachina Estates (a recorded subdivision on file in $ook 35 of Plats, at Pages 3016 and 3017, records of Ada County, Idaho), and a portion of the Southeast One Quarter of Section 19, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, desc~txbed as follows: Commencing at 5/8-inch steel pin monumenting the Southeast Comer of said Section 19 on the centerline of E. victory Road, thence following the southerly line of said Section 19 and said centerline, South 89°42'13" West a distance of 626.18 feet to the POINT OF BEGTIJNING; 'Thence following the southerly line of said Section 19 and said centerhue, South 89°42'13" West a distance of 945.20 feet to a point oa the'ceatedine of Mesa Way; 'T'hence leaving said southerly line and said centerline, and following the centerline of said Mesa Way, North 00°17'47" West a distance of 664.58 feet to a point; Thence 93.92 feet following the are of a circular curve to the right, said curve having a radius of 13538 feet, a central angle of 39°45'01", a chord bearing of. North 19°34'43" East and a chord distance of 92.05 feet to a point; Thence North 39°27'14" East a distance of 261.17 feet to a point; Thence 57.88 feet following the arc of a circular curve to the left, said curve having a radius of 75.00 feet, a central eagle of 44°13'10", a chord bearing of North 17°20'39" East and a chord distance of 56.46 feet to a point on the northerly line of said Lot 6 extended westerly to said centEtliae; Thence leaving said centerline and following the northerly lice of said Lot 6 South 89°24'07" East a distance of 622A3 feet to a point monumeatiag the Northeast Comer of said Lot 6; ?hence leaving said northerly lice and following the easterly line of said Lot 6, South 00°20'54" East a distance of 305.73 feet to a 1/2-steel pin monumentiag the Southeast Comer of said Lot 6; Thence leaving said easterly line and following the northerly line of said I.oc 3, ,(;rr PG:u:u,;x • t.o~:Q~a~ rtrtbihter:rt • lGril f:r.,~esrrri:i~ • Goy'G'orn: Tniga~ian e~ FsN,ia~rrr~g • C:nrpba• ComF,rui.uriur • Snnt7i~~ X62 L. S~oce~Ddre, Sec. 1~)U, Lagln, ltl'.iho 33616 • Y :03.93~).40~1 1' :08.91y.4~iS • v,^vr.thrlmdgroupinc.eom ~C;`,,Ytn;cr4~~.,~\Scl'~:.,.Munn'.'.?OU`,Adm:tt'.L.~GiIs~.Lwts ~{KicC.d:.e • . Febraarq 10, 2006 Page 2 of 2 North 89°38'37" East a distance of 106.46 feet to a 1/2-steel pin monumentiag the Northeast Cower of said Lot 3; 'Fence leaving said northerly line and following the easterly line of said Lot 3, South 00°23'17" East a distance of 690.42 feet to the POIIJT OF BEGINNING. "The above-described tract of land contains 20.16 Acres, more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "A-2" and by this reference is made a part hexeo£ Prepared By: TH>~ LAND GROUP, INC. ' 462 E. Shore Drive, Suite 100 Eagle, Idaho 83616 208-939-4041 208-939-4445 (FAQ aY~ w "~~~ Qr~ f~~ ~ 7 zoos ;.,rRID1AN PUBLIC ~r1~~RK3 DEPT. 1 ' ,filr Alnvrm.~ • 1 eiaJ~r~~ : I,rbiT.zrx • Q.d! F?w.~u; rr.'n,•, ~ ~r~h"C'v:;rn TntigyJraa ~'9' iia~eet-in~ • C+rr~,fti• C.'v~::~rN•r:io~r • .l',t~,.;:i~rl -W2 E. 51ion: i)~i~ r, Ste. lrri~, T:~ele, Jdaho `33616 • P ~OY.Q34.44~1 C ~43.93~.~1a-15 • ..~.~t.0~el;,,,dgTOUpuie.com ADA COUNTY RECORDER J. DpYiD HAYARRO AMOUNT .00 41 BOISE IDaHO o0~31/0B 02;23 PM DEPUTY Vicki Allen RECORDED-REQUE5T OF i©f~141057 City of Meridian DEVELOPMENT AGREEMENT PARTIES: l . City of Meridian 2. Martin Artis, Owner 3. ATM Deve]opment, Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this ~y~t, day of~,~u S ~- , 2006, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called "CITY", ATM Development, whose address is 660 E. Franklin Road, Meridian, Idaho 83642, hereinafter called "DEVELOPER", and Martin Antis, whose address is 9292 W. Pandion Court, $oise, Idaho 63714, hereinafter called "OWNER". 1. RECITALS: 1.1 WHEREAS, "Owner" is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter refereed to as the "Property"; and l .Z WHEREAS, I.C. § 67-6511 A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoni.ag that the "Developer" and/or "Owner" make a written commitment concerning the use or development of the subject "Property"; and I.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, "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, (Mtuucipal Code of the City of Meridian); and 1.5 WHEREAS, "Developer" and/or "Owner" made representations atthe public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject "Property" will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-0I4) CABELLA CREEK SUBDNISION PAGE 1 OF 12 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, inchlde responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received fiarther testimony and comment; and 1.7 WIiEREAS, City Council, the 6`h day of June, 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 "Developer" and/or "Owner" to enter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 "DEVELOPER" and/or "OWNER" 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" requees the "Developer'' and/or "Owner" 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 firam government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re zoning designation is in accordance with the ameaded Comprehensive Plan of the City of Meridian adapted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11 and Title 12. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as. if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 2 OF 12 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 "DEVELOPER": means and refers to .ATM Development, whose address is 660 E. Franklin Road, Meridian, Idaho 83642, the party developing said "Property" and shall include any subsequent developer(s) of the "Property". 3.3 "OWNER": means and refers to Martin Artis, whose address is 9292 W. Pandion Court, Boise, Idaho 8371x, the patty that owns said "Property" and shall include any subsequent owner(s) of the "Property". 3.4 "PROPERTY": means and refers to that certain parcel(s) of "Property" located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be annexed and zoned R-4 (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under "City's" Zoning Ordinance codified at Meridian City Code Section I I which are herein specified as follows: Constrra7lon and development of a Certificate ofZonutg Compliance shag be submitted to the City of Meridian prior to a Jutrtre development in tlieR-4 Zaie, and the pertinent provisions ojthe City ojMeridian Comprehensive Plan are applicable to this AZ Olr014 application. 4.2 No change in the uses specified in this Agreement shalt be allowed without modiftcatlon of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-01.4) CABELLA CREEK SUBDIVISION PAGE 3 OF 12 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. "Developer" and/or "Owner" shall develop the "Property" in accordance with the following special conditions: 5..1.1 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. 5.1.2 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 5.1.3 That the applicant be responsible for all costs associated with the sewer and water service extension. 5.1.4 That any existuag domestic welts 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. 5.1.5 That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory use of the R-4 zone. 5.1.6 'That prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 5.1.7 That the applicant will construct a minimum 10-foot wide multi-use pathway from Victory Road to Mesa Way, along the south side of the Ten Mile Creek. 5.1.8 That a street buffer, constructed in accordance with City Code, be installed along Victory Road prior to occupancy of any new dwelling units. 5.1.9 That one public street access, and no driveways, will be allowed to Victory Road. Existing driveway(s) to Victory maybe utilized until the DEV!~LOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 4 OF 12 internal streets within the plat are constructed and approved by the Transportation Authority (ACID). At such time, direct lot access to Victory Road shall be prohibited. 5.1. ] 0 To mitigate the potential of light from cars exiting this site from entering through the windows of the neighbor's house .across Mesa Way (Binford property), the applicant bas volunteered to, at the developer's expense, provide off-site improvements adjacent to the Binford property to mitigate light intrusion from car headlights. Said improvements may include widening the "U" of the Binford's driveway, as allowed by the Binford's. 5.1.11 That the applicant agrees to install temporary construction fencing around the perimeter of the subdivision. 5.1.12 That the preferred construction traffic route to/from this development shall be from Victory Road and not Mesa Way. 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 "Deve[oper" and/or "Owner" or "Developers" and/or "Owners" heirs, successors, assigns, to comply with Section 6 entitled "Conditions Govemi.ng 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: "Developer" and/or "Owner" 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 "Gity"provide written notice of any failure to comply with this Agreement to "Developer" and/or "Owner and if the "Developer" and/or "Owner" fails to cure such failure within six (~ months of such notice. 8. INSPECTION: "Developer" and/or "Owner" 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 DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUHDIViSION PAGE'S OF l2 thereof in accordance with the terms and conditions ofthis Development Agreement and all other ordinances of the "City" that apply to said Development 9. DEFAULT: 9.1 In the event "Developer" and/or "Owner", or "Developer's" and/or "Owner's" heirs, successors, assigns, or subsequent owners of the "Property" or any otherperson 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 regteirements of the Zoning Ordinance, 9.2 A waiver by "City" of any default by "Developer" and/or "Owner" of any one 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. ] 0. REQUIREMENT FOR RECORDATION: "City" shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at "Developer's" and/or "Owner's" cost, and submit proof of such recording to "Developer" and/or "Owner", prior to the third reading of the Meridian Zoning Ordinance. in connection with the re-zoning of the "Property' by the City Council, If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the "Property" contemplated hereby, the "City" shall execute and record an appropriate instrument of release of this Agreement. 11. ZONING: "City" shall, foI[owing recordation of the duly approved Agreement, eaaet 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 "Developer" and/or "Owner", or by any successor or successors in title or by the assigns of the parties hereto, Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12. i In the event of a material breach of this Agreement, the parties agree that "City" and "Developer" and/or "OWneI" shall have thirty (30) days after delivery of notice of said breach to correct the same prior to DEVELOPMENT AGREEMENT (AZ 06.014) CABELLA CREEK 5l1$DMS10N PAGE 6 OP l2 the non-breaching party's seeking ofany remedy provided forherein; provided, however, that in the case of any such default which cannot with diligence be tuned 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 raay 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 "Developer"and/or "Owner" or "City" is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without liraitadon, 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 §12-5-3, to insure that installation ofthe improvements, which the "Developer" and/or "Owner" agree to provide, if required by the "City". 14. CERTIFICATE OF OCCUPANCY: The "Developer" and/or "Owner" agree that no Certificates of Occupancy will be issued until all improvements are completed; unless the "City" and "Developer" and/or "Owner" has entered into an addendum agreement stating when the improvements will be completed in a phased developed; and in any event, no Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the "City". 15. ABIDE BY ALL CITY ORDINANCES: That "Developer" and/or "Owner" 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 AC3REEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 7 OF t2 Cl'I'Y: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNER: Martin Antis 9292 W. Pandion Court Boise, ID 83714 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: ATM Development 660 E. Franklin Road 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, termination or forfeiture of this Agreement. l 8. 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 io 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 DEVELOPMENT AGREEMENT (AZ o6-014) CABELLA CREEK SUBDIVISION PAGE 8 OF 12 representatives, including "City's" corporate authorities and their successors in office. This Agreement shall be binding on the "Developer" and/or "Owner" of the "Property", each subsequent owner and any other person acquiring an interest in the "Property". Nothing herein shall in any way prevent sale or alienation of the "Property", or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. "City" agrees, upon written request of "Developer" and/or "Owner", to execute appropriate and recordable evidence of termination of this Agreement if "City", in its sole and reasonable discretion, had determined that "Developer" and/or "Owner" has 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 deemedto be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between "Developer" and/or "Owner" and "City" relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or~implied, between "Developer" and/or "Owner" 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 yr their assigns, and pursuant, with respect to "City", to a duly adopted ordinance or resolution of "City". 21.1 No condition governing the usesand/or conditions governing re-zoning of the subject "Property" herein provided far 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 DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the "Property" and execution of the Mayor and City Clerk. DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 9 OF 12 ACKNOWLEDGMENTS 1N WITNESS WI~REOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER ATM Development, LLC By: OWNER Martin Artie h,,,,~ c c~~s CITY OF MERIDIAN ~J BY: MAYOR T de WEERD ,,, Attest: `,~`G~~'~ ~ ''%,~, ' ~v ,~ ~~ ~ /~ T CITY CLERK ~k"'"~' ~ `: ~T ~~' \\= a ,~ ~ .~? . ~ ~~ ~r~'rrrrrrr rr r rr+~`~~~~ DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE IO OF 12 STATE OF IDAHO, : ss County of Ada, ) On this ~ day of 2006, before me, the undersigned, a Notary Public in and for said State, personally appeared •~ : ~~. ,known or identified to me to be the of ATM Development, LLC, acknowledged to me that they executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day.and ye,~~~us certificate first above written. ,,',~~yyQq A. Aly~~yy. . W ~d- (SEAL) ti ~OTAR} O~ # ~~ • pveylG ': ~ ~ •,,~~'+~~~ OP l44'~4''• ~~~111111~~ STATE OF IDAHO, ) : ss County of Ada, Notary Public ~ r ho Residing at: C My Commission Expires: On this ~ day of 2006, before me, the undersigned, a Notary Public in and for said State, pe Wally appeared Martin Artis, known or identified to me and acknowledged to me that he executed the same. 1N WITNESS WHEREOF, l have hereunto set my hand and affixed my official seal the day~dr~,~ this certificate first above written. ~. 4,~ O~~PJ, L .•` v O~ c,y'`~ O'li ~ r (SEAL) ' N ~ ~ ~~• i G ~ pUBti~ O .,',,, sT •a V~~~ '•. A T$ Og ~ ~•' ,,~~~«f1~~IINI~,' Residing at: ~ ~ r My Commission Expires: y DEVELOPMENT AGREEMENT (AZ OS-014) CABEI.LA CREEK SUBDIVISION PAGE 11 OF 12 STATE OF IDAHO ) ss County of Ada ) On this ~ nd day of Auk 2006, before me, a Notary Public, personally appeared Tammy de Weerda d William G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, ofthe 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. ~...... ~.•'~ TAR,q ~'•.~ ~~ ;'~~ NOT G,~ ~, ~~ ~~~~ ~. '`~', ,% 'v~'~ jC---''~~ ~~~ .• otary Public for Idaho Residing at: r ~~ r'li L tP 11 l 11 Commission expires: 10-11-I I DEVELOPMENT AGREEMENT (AZ 06-014) CABELLA CREEK SUBDIVISION PAGE 12 OF 12 1~% %~ n-~ ~' ~a,~ ~w TH$ L.9Nr) GROUP, INC. February 10, Z00G Project No. 2700 $~$~~- aA-1» Legal Descapdoa Cabella Creek Subdivision Annexation & Rezone Area 20.16 Aeres A tract of land fox annexation and xzone puzposes, being Lots 3, 4, 5 grid 6, Block 1, I{achina Estates (a recorded subdivision on file in Book 35 of Plats, at Pages 301G and 3017, records of Ada County, Idaho), and a portion of the Southeast C1ae Quarter of Section 19, Township 3 North, Range 1 East, Boise Mexidian, Ada County, Idaho, described as follows: Commencing at 5/8-inch steel pin monumenting the Southeast Come: of said Section 19 on the centerline of E. Yctory Road, thence following the southerly line of said Section 19 and said centerline, South 89°42'13" West a distance of 626.!8 feet to the POINT OF BEGIlVNING; Thence following the southerly line of said Section 19 and said centerline, South 89°42'13" West a distance of 945.20 feet to a point on the'centedine of Mesa Way; Thence leaving said southerly line and said centerline, and foUotving the centerline of said Mesa Way, North 00°17'47" West a distance of 664.58 feet to a point; Thence 93.92 feet following the arc of a circular cuxve to the right, said cuzve having a radius of 13538 feet, a central angle of 39°45'01", a chord bearing o£ North 19°34'43" East and a chord distance of 92A5 feet to a point; Thence North 39°27'14" East a distance of 261.17 feet to a point; Thence 57.88 feet following the arc of a circular curve to the left, said curve having a radius of 75.00 feet; a central eagle of 44°13'10", a chord bearing of North 17°20'39" East and a chord distance of 56.46 feet to a point on the northerly line of said Lot G extended westerly to said centerline; Thence leaving said centerline and following the northerly line of said Lot 6 South 89°24'07" East a distance of 622.03 feet to a point tnonumenting the Northeast Comer of said Lot G; Thence leaving said northerly line and following the easterly line of said Lot G, South 00°20'54" East a distance of 305.73 feet to a 1/2-steel pin monumenting the Southeast Comer of said Lot G; Thence leaving said easterly line and following the northerly lnae of said Lot 3, f .~rtr PGn,rur~q • i.urd.=rr~ A~rbiiritart • C~ri/ l:r.~r,:rrr.'vg • G•,y Corn.: Tnigara,~ e• Fxirar: •g • C.'nrhbi.• C:oimaruri.ulwa • Srrs~~-i,~ -462 L. S~ore'Dcit•e, See. 9~)U,1?aglr, [d:thu 3361b • p 1il3.919.4~1~1 l' _(I8.~1Sy.4k45 • u~tvv.eheLndgroupinc.eom X;`iYm;c.c.<~.,~f ~ ~::, Asu~ in'.3?IX!`,; ~dm:q`.l_ •~ils vlttncs ~lK acc.dot i i Febzaarq 10, 2006 Page 2 of 2 North 89°38'37" East a distance of 106.46 feet to a 1/2-steel pin monumeating the Noztheast Corner of said Lot 3; Thence leaving said Aorahezly line and Following the easterly line of said Lot 3, South 00°23"17" East a distance of 690.42 feet to the POINT OF $EGINNING. The above-desezibed tract of land contains 20.16 Acres, more of less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "A-2" and by this zeference is made a pare hereof Prepared By: TH>~ LAND GROUP, INC. 462 E. Shone Drive, Suite 100 Eagle, Idaho 83616 208-939-4041 208-939-4445 (FAQ f E~ 17 2006 :..rRIpIAN PU8l1C ~!{•RK3 OEP7, 1 SbC Al.~suil;~ ~ I i+7~4•rN,~t : I srhi.'nxrre ~ Crrl F?a;,lurrr.'a.~ ~ C«~1~ C'o,~rn Irri,~.rliu~e es' Fia~erree~ia~ • Crnr~~ii.• C'vrn~:_.ri,r;iau ~.S',:rk;u~;t ~GZ E. Shoe; !hire, ate. U~i1, f_a~lc,ldaho `53616 • P 20;1.93.4+041 F 20ti.939,~1a~15 ~ ~~~~~r.0u>hndgroupntc.com RECEIVED JUN Q 1 20Q8 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~t3' ° f 'than Office 1:1T- ru: ~~~~~~ l 11)AHA L ~1~ ; In the Matter of Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) AND Preliminary Piat approval of 47 single-family residential building lots and 11 common lots on 18.84 acres, for Cabella Creek Subdivision, by ATM Development, LLC. Case No(s).: AZ-06-014 and PP-06-012 For the City Council Hearing Date of: May 23, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 2. Process Facts {see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 3. Application and Property Facts {see attached Staff Report for the hearing date of May 23, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 23, 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 l 1 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 § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ•Q6-Ol4 / PP-06-O l2 - PAGE l of 4 4. Due consideration has been given to the comment(s) received from the goven~nerital subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning 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 May 23, 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 § 1 l -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 Piat as evidenced by having submitted the Preliminary Plat stamped January 2~, 2006 by The Land Group, Inc. is hereby conditionally approved; The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement In which the applicant agrees: 1. Temporary construction fencing will be installed around the perimeter of the subdivision; 2. That the preferred construction traffic entrance to the development shall be Victory Raad and not Mesa Way; and, 3. To provide off-site improvements adjacent to the Binford property to mitigate light intrusion from car headlights. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of May 23, 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S)• AZ-06-014 / PP-06.012 -PAGE 2 of4 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, maybe considered for final approval without resubmission 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 Duector 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and $naI 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 hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use pernntit 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 final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use pertnit 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 May 23, 2006 CITY OF MERIDIAN F[NDMG5 OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDE[t CASE NO(S). AZ-OC>014 / PP-06-012 -PAGE 3 of 4 ~~ By action of the City Council at its regular meeting held on the ~ r day of _~ , ~ ~ , 2006. ~~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED_ ` J~~' VOTED_~~~~ VOTED_~~~~ VOTED ~r~~'~ VOTED ~~(:Y~ de WEERD ATTEST: ;` ~ ~~ ~ ~''.. 0 ~~~h~ ~ ~p ILLIAM G. BERG, JR., CI C1,~ T ~~.~ ,'~ ~ `, ~ ~ \` Copy served upon: ~ AppliC3rtt''~i~~rl~rr'r r+rN+++++` _~, Planning Department Public Works Department City Attorney By:~~,~~1(L ~ -~4 ~11~ Dated: I.D- $ • ~~ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF I,AW AND DECISION & ORDER CASE NO(S). AZ-06-014 / PP-06-O12 -PAGE 4 of4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 204G STAFF REPORT Hearing Date: 5/23/2006 TO: Mayor & City Council FROM: C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 y`.v y ~n,~HC~ ~i \T ~~jj ~~~~~~ \~`~`"'vLy~[~wwn yr• au~ 'i~"67 SUBJECT: Cabella Creek Subdivision AZ-06-014 Annexation and Zoning of 20.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). PP-06-0 t 2 Preliminary Plat approval of 47single-family residential building lots and 11 common lots on 18.84 acres in a proposed R-A zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, ATM Development, LLC, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 20.16 acres of property currently zoned RUT in Ada County. The site is located oa the north side of Victory Road and on the east side of Mesa Way, appmxirnately 600 feet west of Locust Grove Road. Currently, there are three single-family homes and associated outbuildings on this site. Two of the existing homes are to remain, the third will be removed. The site has been previously platted as is commonly known as Lots 3, 4, 5 and 6, Block 1, Kachina Estates Subdivision. The subject property is within the Urban Service, Planning Area. Z. SCTMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommendingapproval of the g~aosed Cabella Creek Subdivision (,~.Zt-06-014 and j?P-06-012) with the conditions listed in Exhibit B of the Staff Report. The Meridian. Planning and Zoning Commission heard the item on Apri16, 2006. At the ~ublic hearing they moved to recommend approval. NOTE: At the aublic hearin>f on Agri! 6' .the apalicant inquired about Condition a. Summary of Pubtie Hearing: i. In favor: Eric Cronin (Applicant's Representative), Aaron McGee (Applicant) ii. In opposition: Aneke Binford, Matt Binford iii. Commenting; None i ~. •~w : ,~ . rrrr:~F f~~~~y... 'f •-, erz~tcn -f Cabella Creek Subdivision AZr06-014/PP-06-012 PAGE 1 the Council hearins the anuli~pt has submitted revised ouen saace calculations for this Staff has amended Condition 1.1.2 in Exhibit 18 to reflect the revised open suace requirement for this development. CITY OF MERIDLAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARl1VG DATE OF MAY 23, 2006 iv. Staffpresenting application: C. Caleb Hood - v. Other staff commenting on application: Mike Cole, Bill Nary b. Key Issues of Discussion by Commission: i. The location of Novara Way and the impact to the existing home -headlights in their windows and mitigating that impact; and, ii. The design and function of the storm drain/amezuty ponds. c. Key Commisslon Changes to Staff Recommendation: i. Amended the Development Agreement proposed for this site by adding a provision stating that the applicant has volunteered to assist the neighbor across Mesa Way from the first entry road (Novara Way) to this development by widening the "U" of their driveway and providing some berming and landscaping in between the enlarged driveway area. See Section 10 below. d. Outstanding issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-014 and PP-06-012 as presented in staff report for the hearing date of May 23, 2006 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-014 and PP-06-012 as presented in the staff report for the hearing date of May 23, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-014 and PP-06-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location. 2955 S. Mesa Way, 3086 S. Mesa Way, 1252 E. Victory Road; north side of Victory Road, approximately 600 feet west of Locust Grove Road / 3N1E19 b. Owner. Martin Allis 9292 W, Pandion Court Boise, Idaho 837]4 c. Applicant: ATM Development, LLC 660 E. Franldin Road Meridian, Idaho 83642 d. Representative: Eric Cronin, The Land Group, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential with aMulti-Use Cabello Creek Subdivision AZ-06-OI4/PP-06-012 PAGE 2 CITY OF MER1D[AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Pathway ' g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 20.16 acres to R-4 and Preliminary Plat approval of 47 single-family buildable lots and I 1 common lots. All of the homes within the development are proposed to besingle-family detached. All of the proposed lots conform to the dimensional standards of the R-4 zone. The average lot size in the proposed development is 10,341 square feet. The gross density of the project is 2.49 dwelling units per acre. Approximately 22% (over 4 acres) of the site is being set aside for open space. The applicant is proposing to construct a multi-use pathway on the south side of the Ten Mile Creek. 1. Date of preliminary plat (attached in Exhibit A): 1/24/06 2. Date of landscape plan (attached in Exhibit A): 03/1/06 h. Applicant's Statement/Justification: In an effort to address City Council, City Planning Staff and the public testimony represented at council and neighborhood meetings, the preliminary plat is presented to you. Please take notice that a 20-foot wide landscape buffer has been incorporated into the layout along Mesa Way. Larger lots have been provided adjacent to Mesa Way that mirror the tot size requirements found in an R 2 zoning designation. We feel that these items, coupled with restrictions on direct lot access to Mesa Way will aid in the transition from the existing 5-acre parcels within the existing Kachina Estates Subdivision (please see Applicant's Submittal Letter fro more information.) 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 1 I Chapter 5, a public hearing is required before the City Council on this tnatter. b. The subject application will in fact constitute a preliminary plat as determined by Gity Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 20`x' and April 3'~, 2006 (for Planning & Zoning Commission hearing) and Apri124'" and May Su', 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: March 15`h, 2006 (for Planning & Zoning Commission hearing) and Apri121g', 2006 (for City Council hearing) e. Applicant posted notice on site by: March 27w, 2006 (for Planning & Zoning Conunission hearing) and May 6id, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use{s): There are three single-family home and some associated outbuildings on this site. Two of the existing homes are to remain, while the northern-most home will be removed from the site. b. Description of Character of Surrounding Area: This area contains four five-acre lots in Kachina Estates Subdivision. These are the first of the lots in Kachina Fstates to re-develop in the City. There are existing R-4 and R-8 subdivisions to the north and south. This area is rapidly transitioning from Waal to urban. c. Adjacent Land Use and Zoning: 1. North: Single-family lots within Salmon Rapids Subdivision, zoned R-4 Cabellu~Creek Subdivision AZ-06-014/PP-06-012 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 2. East: 5-acre single-fanuly lots within Kachina Estates Subdivision, zoned RUT (Ada County) 3. South: Singh-family lots within Tuscany Village Subdivision, zoned R-8; and Grange Hall, zoned Rl {Ada County) 4. West: 5-acre single-family lots within Kachina Estates Subdivision, zoned RUT {Ada County) d. History of Previous Actions: Three of the five subject parcels were part of an annexation request in 2005 (MeGee Annexation, AZ-05-048). That application was denied by the City Council, primarily because the request for annexation did not have a concurrent development application (plat), there was concern about transitional densities and the proposed zoning, and it was not in the best interest of the City at that time. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: There is currently sewer in E. Victory Road at the Ascaino Way entrance. Location of water: Water is readily available in E. Victory Road. Issues or concerns: A portion of this site is in a floodplain zone AE. Applicant has submitted a letter from MTI stating that they expect groundwater levels to be within 1 to 3 feet from the surface. The need for anoff--peak pumping station for sewerability. 2. Vegetation: There are several existing trees on this property that need to be protected during construction, or be mitigated for. 3. Flood plain: The Ten Mile Creek tloodway bisects the subject site. A portion of this site is within the FEMA 100-year floodplain Zone AE. A majority of this site is in the Zone X. 4. Canals/Ditches Irrigation: As noted above the Ten Mile Creek bisects this property. The Ten Mile Creek should remain open and protected through this site. Any open irrigation ditches, laterals and canals, exclusive of the Ten Mile Creek (a natural waterway} should be tiled when this property develops. S. Hazards: Except for a portion of the site being within the Ten Mile Creek floodway and floodplain, no hazards have been identified on this site. 6. Proposed Zoaing: R-4 (Medium Low-Density Residential) 7. Size ofProperty: 20.16 acres f. Subdivision Plat Information: 1. Residential Lots: 47 2. Non-residential Lots: 0 3. Total Building Lots: 47 4. Conunon Lots: 11 S. Other Lots: 0 6. Total Lots: 58 Cabella Creek Subdivision AZ-06-014/PP-ob-012 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 200b 7. Gross Density: 2.49 units per acre (net density is 3.07 d.u./acre) g. Landscaping 1. Width of street buffer(s): Per UDC (Table 11-2A-4) a 20-foot wide landscape buffer is required adjacent to collector streets. Victory Road is a classified collector roadway. Street buffers are not t~aquired on any of the internal, local streets. 2. Width of buffer(s) between land uses: N!A 3. Percentage of site as open space: 4.17 acres/22% 4. Other landscaping standards: Landscaping adjacent to multiuse pathways should generally comply with UDC 11-3B-12. Common open space lots should include at least one deciduous shade tree per 8,000 square feet (LTDC 11-3G-3E2). See Section 10, Analysis below. h. Amenities: Four acres of open space, parkway strips between khe sidewalks and cwbs, multi- usepathway, and amenity ponds. i. Of£ Street Parking: UDC 11-3C-6 requires single=family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residentia! Standards: Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (ta sidewalk) ] 5 15 Front Accessed Garage {to sidewalk) 20 20 Side 5 5 Rear 15 1S Frontage 60 60 Lot Size 8,000 8,000 k. Proposed and Required Non-Residential: N/A Summary of Proposed Streets and/or Access: The existing home to remain on Victory Road currently takes access to Victory. The applicant is proposing to remove this existing access and provide access to all of the dwellings within this development via the existing Mesa Way and the new proposed internal streets. A new public street access with Victory Road is proposed in alignment with Ascaino Avenue on the south side of Victory Road. Two new public street connections to Mesa Way, an existing local street, are also proposed. All of the internal streets are local streets with 33-feet wide street sections (measured back of curb to back of cwb) and contain sidewalks that are detached from the back of the curb. Staff is generally supportive of the proposed street system. For a detailed report on all of ACHI3's conditions, please see the ACRD report and Exhibit B. 7. COMMENTS MEETING On March 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Cabello Creek Subdivision AZ-06-014/PP-06-012 PAGE 5 CITY OF MERIDIAN PLANNING DirPARTMENT STAFF REPORT FOR THE HEARlN~ DATE OF MAY 23, 2006 Parks Department, Meridian Public Works Department, Meridian Police Department, and~the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COIVIPRE$ENSiVE 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 up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 47 single- family lots on 18.84 acres for a gross density of 2.49 dwelling units/acre. Staff finds that the overall density is within the range of a low density project. Staff finds the following Comprehensive Plan policies to be applicable to dais property and apply to the proposed development (staffanalysis in italics below policy): Chapter VII, Goal III, 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 Ciry Fire Department, who currently shares resoairce and personnel. with the Meridian Rural Fire Department. • The subject lands currently lie withfn the jurisdiction of the Ada County Sherds 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 (ACfID). This service will not change. • The subject lands are currently serviced by the Meridian Schoal 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 &~i/ding 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 II, Objective A, Action 3 -Consider "Accommodating Bicycle and Pedestrian Travel: A Recommender Approach" from the National Center for Bicycling and Walking in all land-use decisions. 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. Cabella Creek Subdivision AZ-06-Ot4/P.P-06-O12 PAGE 6 CITY aF MERIDIAN PLANNINQ DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the north, In addition, two stub streets are being proposed to the eastern S-acre parcels titad stafi`'antlcipates will re-develop in the near future. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providingfor fixture connectivity to the east. Chapter VI, Goal II, Objective A, Action 13 -Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a Moot tall closed fence along Victory Raad and portions of the west and east property lines. Prior to house construction, fencr'ng should be constructed around the perimeter of this site. See Analysis below and .Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 -Requite pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct detached sidewalks adjacend to all of the proposed streets, which connect to adjacent propertdes and Mesa Way. The applicant is also proposing to construct a 1 Q-foot wide multi-use pathway on the sough side of the Ten ale Creek. This pathway will connect with adjacent pedestrian connections to the northwest and to the existing pathway in Tuscany to the south. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal N, Obj eetive C, Action 6 -Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal N, Objective D, Action 2 - Restdet curb cuts and access points on collectors and arterial streets. The existing access to Victory Road, a collector street, should be removed, The new public street connection to Victory Road, has been reviewed and approved by ACRD. City Std'' is also supportive of the location of Ascaino Way; no additional access points to Victory Road should be allowed Chapter VII, Goal N, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. Cabella Creek Subdivision AZ-06-014/PP-06-012 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 The applicant is proposing a residential zone. Staff finds that the existing single family residential properties to the north, socrth, east and west are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residenl'eal densities. Sta~`'recognizes that there are some existing low density residential land uses to the east and west. Stafffinds that the proposed lot sizes provide a good transition between tke larger lots to the east and west and the proposed lots within this development. Sta,,(J'recommends that the Commission and Council rely on any written or verbal testimony provided from neighbors when determining the most appropriate zoning designation for this property. Chapter VII, Goal IV, Objective C, Action. 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condonuniurns, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application Includes a request for rile R-4 zone. Salmon Rapids obtained an R-4 zone and Tuscany Village obtained an R-8 zone. Stp,[J' finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Sta,,~'' believes that the proposed density (2.49 cl.u.'s/acre) and zoning (R-4) for this property is appropriate. Sta,(J'~recommends that the Commission and Council rely on any verbal or written testimony that may be provided ad the public hearing when determining {f the applicant's zoning and development request is appropriate for this property, 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses 'in the R-Gl zoning district. b. Purpose Statement of Zone: R-4 Medium-Density Residential: 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 accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R11 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Cebella Creek Subdivision A~06.014tPP-06-012 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 I . AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see 1?xhibit D for detailed analysis of the required facts and findings for annexation. The annexation Iegal description submitted with the application (stamped on February 15, 2006 by Hugh W. Edwards, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC 11-SB-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 far all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desig~iation and does not negatively irr-pp~l_ nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shalt 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,~litiate this Qrocess. The DA shall incorporate the following: • That all fltture 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 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 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-4 zone. • That a maximum of 47 single-family building lots will be platted on this property. • That prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. • That the applicant will construct a minimum 10-foot wide multi-use pathway from Victory Road to Mesa Way, along the south side of the Ten Mile Creek. • That a street buffer, constructed in accordance with City Code, be installed along Victory Road prior to occupancy of any new dwelling units. Labelle Creek Subdivision ALO(r014/PP-06-012 PAGE 9 CITY OF MERIDIAN P[,ANNING DBPARTMBNT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 That one public street access, and no driveways, will be allowed to Victory Road. Existing driveway(s) to Victory Road may be utilized until the internal streets within the plat are constructed and approved by the Transportation Authority (ACRD). At such time, direct lot access to Victory Road shall be prohibited. To mitieate the potential of light from cars exitintr thts site from 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Rieht-of--way anal Street Buffers: ACRD is requiring the app.[icant to dedicate 35-feet of right-of--way (measured from the centerline of the street) abutting Victory Road. In accordance with UDC Table 11-2A-4 and UDC 11-3B-7 construct a 20-foot wide landscape buffer along Victory Road, as proposed. Pathways: The applicant is proposing to construct a 10-foot wide asphalt pathway along the south side of the Ten Mile Creek. This pathway will tie in with the pathway to the south in and through the Tuscany Development. UDC I1-3B-12C requires a 5-foot wide landscape strip adjacent to multi-use pathways with at least 1 deciduous tree being planted every 35 linear feet (trees may be grouped). Sidewalks and Par avs: The applicant is proposing to construct detached sidewalks with 6-foot wide parkway strips between the curb and sidewalk. UDC ll-3A-17 requires parkways to be at least 8-feet wide and planted with Class II trees. Ilowever, the planter width may be reduced to 6' if there are root barriers installed on the trees. The applicant should either gonstruct 8-fool,,,,wi~e ~arkwavs, or 6- pot wide clarkwavs with root barriers around alt trees within ~e narkway- Landscaping; The landscape plan prepared by The Land Group, Inc., on 3-1-Ob, labeled Sheet 1:,1.0, L1.1 and L1.2 is approved with the following modifications/notes: Cabel{a Creek Subdivision AZ-06-014/PP-06-012 PAGE l0 the Binford's. That. the analicant agrees to install ten-,porarv construction fencine around the perimeter of the subdivision. That the. areferred construction traffic route to/from this development shall be from Victory Road and not Mesa_W.a~v. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 • Construct a 20-foot wide street buffer along Victory Road, exclusive of ACRD right-of--way. Said buffer should be constructed in accordance with UDC 11-3B-7. • Per UDC 11-3A-17E, construct 8-foot wide parkways, OR b-foot wide parkways (as proposed currently) with root barriers around all trees within the parkway. • Per UDC 11-3G-3A, set aside 22% (4 acres) of the site for useable open space and provide a 10-foot wide multi-use asphalt pathway witlun common Lot 1, Block 2, and common Lot 4, Block 3, as proposed. • Maintain at least a 5-foot wide landscape strip on both sides of the proposed multi-use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 351inear feet. • Per UDC l 1-3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. • 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 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). Access: Access to this site is currently provided from Victory Road and Mesa Way. Except for the proposed public street, Aseaino Woy, direct lot access to Victory Road should be prohibited; place a cote on the final plat. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structure on the north part of the development spans across proposed lot lines, this building shall be removed or relocated, prior to signature of the final plat by the City Engineer. Fencing: The applicant is proposing to construct 6-foot solid fencing along portions of the south, east and west property lines. A detailed fencing plan should be submitted upon application of the final plat. If penasanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and nucro-path /multi- use fencing shall be designed according to UDC 11-3A-7. Common A„~,eas: Maintenance of all common areas shall be the responsibility of the Cabella Creek Home Owners' Association. Ditches. Laterals, and Canals: Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek and waterways being used as ametuties, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems Cabella Creek Subdivision AZ-06-014/PP-06-O12 PAGE t 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 be supplied by a year-round source of water. 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, asingle-point connection to the culinary water system shalt be required. if a single-point connection is used, 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 accoxdance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subject apnlicati+ons AZ 06 014 and PP-06-Ol 2 with the conditions listed in Exhibit B of the Staff Report for the hearing date of Aori16, 2006. 11. EXHIBTT$ A. Drawings 1. Preliminary Plat (dated: 1-24-06) 2. Landscape Plan (dated: 3-1-06) $. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department ' 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Cabeila Creek Subdivision AZ-06-014JPP-06-012 PACE l2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 s{.; POOR COPY A. Drawings 1. Preliminary Plat {dated: I-24-06) Exhibit A -Page 1 CITY OF MERIA[AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 Landscape Plan (dated 3-1-06) a C~. POOR COPY ~~! . ~ ue(d edeaspu~~;eld ~tteu~wlla~d ~~~ ~~~' ~ ~~~~f~ I~...I ~~ ~~ ~ a i x~~a0 M1'1Her/D '~ _ l~ I ! ~ ! I ~ ff i ~ ~ I ~ ~ E ~(~, ~ I ~~ ~ ~~ ,~ ~ ~ r r~~~~ ~# ~ ~ ( ~ ~ ~ if ~ 1 ~ i ~ I ! ~ ....~ 1 ~~~ LEi ~- f I ~.a ..., ... . , .,.. ~ .. r.~,r~~ 8 ,$ ~ a ~ ~_ .~ 5I~ , G ~ ~ I ~t~~~ am ~ I ~~ U ~~ ~"~ Q ~ i ~ ° ~ ~1 o ~ ~~~ ;~' ~ I a ~ ~ ~ ~} i ~ ~E -- t ~ ~ r'~: : r~titl ;~jf ~1 r3~~li~~~ N ~ e t1 ~ I~L6 Iul~ ~....... I, at ~~ t it • it d ~ ~ ~ f:1nU { ~:~ II ~ ,~ ~ ~ 1 {! ' x ~~~~ ~~ '~ ; gg i ~ t F' -i ~,,. a a }pp~r~~e+. Ditty: '.~"t IH~L+fIS~ . ' M ~ ti~i ~ idoltt~ ~~~ ~....... Exhibit A -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MAY 23, 2006 POOR COPY #~ : ~ ~ ~Ia eaeaspue-I~®I' d`~,BUIw~~a~~ ~ ~ ! I ~ ~ i~'~ I 1 ~~ i ~ III u~~a~ r>1-~~eid_~_ ~~~_ ~~! ! #'~l~~~ i i:11 ~~ ;~ I ~ I~, it ~ 1 ~ rI~ `~ =~ f- [ _ ~, •'~': i ~ ; a L~ I G~1 ~ ;~9 ~ . % '1 a ...~; ' .{!L s'~ ~ ~~: ~ ~/ i 5tl Iut' U ~ ,,:PP.j. `1 h ti).,. . •i~ e'+ ''~ ~ ~ ~~ 1 J ~• M~r !, A °,'I a~ (• ~~ TJ ~ i~ ~R , ~t ~'Gy' ^t'..~,1. i ~ I :ii• 5 :f' -~ i a ~ '- . ..• / Exhibit A -Page 3 EAE~JG DATE OF ',,/l A~' 23, 2006 PORTKE K PppR Cppli ENT ST~F PORT t , tAN PEANNtNO'DEPARTM ~#I~,t ~;~t F 4i ~3 ~ ~ TY OP M~~D ~~ ~+"i l ~ i ~~~ ~k1~# CI _„~+savs.au~wtle~d sss~ t ~" us-d a ,'' ,~i ~1 4 Exhibit A~pa$e4 _~ - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FGR THE HEARING DATE OF JANUARY l9, 2006 B. Conditions of Approval 1. Planning Department 1.1 STTE SPECIFIC REQUIREMENTS--PRELIM]NARY PLAT (PP-06-012) 1...1.1 The preliminary plat labeled as P1.0, prepared by The Land Group, Inc., dated January 24, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-014) application shall also be considered conditions of the Preliminary PIat (PP-06-012). 1.1.2 The landscape plan prepared by The Land Group, Inc., on 3-1-06, labeled Sheet L1.0, Ll.l and L1.2 is approved with the following modifications/notes: • Construct a 20-foot wide street buffer along Victory Road, exclusive of ACFID right-of--way. Said buffer shall be constructed in accordance with UDC 11.3B-7. • Per UDC 11-3A-17E, construct 8-foot wide parkways, OR 6-foot wide parkways (as proposed currently) with root barriers around all trees within the parkway strip. • Per UDC 11-3G-3A, set aside a,°~efes) 13% (2.5 acres) of the site for useable open space and provide a 10-foot wide multi-use asphalt pathway within common Lot 1, Block 2, and common Lot 4, flock 3, as proposed. • Maintain at least a 5-foot wide landscape strip on both sides of the proposed multi-use pathway on Lot 1, Block 2, and Lot 4, Block 3, and construct trees at a rate of 1 tree per ever 35 linear feet. • Per UDC 11.3G-3E1, at least one deciduous shade tree per every 8,000 square feet of common open space shall be planted,.and common areas shall be improved with lawn, either seed or sod. • Per UDC 11-3$-10, the applicant shall work with the City Arborist, Elroy Hutf, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. • A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation shall apply as listed in UDC 11-3B-14. 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 modifications as proposed by staff. The proceeding modifcations and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.13 Place a note on the face of the final plat that prohibits direct lot access to Victory Road. 1. I.4 Remove the existing structure on the north part of the development that spans across the proposed lot lines for Lots 2 and 3, Block 2. Alt buildings that span across proposed lot lines, or do not conform to the dimensional standards of the UDC shall be removed or relocated, prior to signature of the final plat by the City Engineer. 1.1.5 A detailed fencing plan shall be submitted upon application of the final plat. If penuanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC I 1-3A-7. Exhibit f3-Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR'THE HEARFNG DATE OF JANUARY l9, 2006 1.1.6 Maintenance of all common areas shall be the responsibility of the Cabella Creek Home Owners' Association. I.1.7 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, including the Ten Mile Creek, 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. • 1.1.8 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS PRELIMINARY PLAT (PP-06-012} 1.2.1 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 applications}. i.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. AlI stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. 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 modifications as proposed by staff. If the stormwater detention •facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area..tt is the responsibility of the developer to comply with ACRD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fine hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliuvnary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Victory Road. Since this would cause the property to flow out of shed the applicant shall do one of two options. • The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall 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 Exhibit B -Page 2 C(7Y DF MERIDIAN PGANNtNO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 200b sources, then this condition may be rescinder) by the City Engineer. ~ Install a temporary lift station that discharges to the sewer mains located in Locust Grove Road_ The design shall be coordinated with the Public Works. Z.Z The applicant shall install all sewer mains aeeessary to provide service; 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. 2.3 Water service to this site is being proposed via extension of mains in Victory Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall execute standard forms of easements for any mains that are required to provide service. 2.4 As part of the City of Meridian's "to and through" policy, the applicant shall install water mains in S. Mesa Way along their frontage. This is needed for redundancy of the water system. 2.5 The preliminary plat shows a portion of Lots 26, 27, and 28 being encumbered by the AE floodplain. The applicant shall revise the lots to ensure all buildable lots are out of the AE floodplain. Or, file for a LOMAR with FEMA to remove the floodplain. Or, add a note on the final plat referencing the floodplain map and those tots will have to file elevation certifications. 2.6 No water valves or manholes will be allowed in the landscape islands. If water or sewer .mains are to be routed under the landscape islands then no trees shall be allowed in them 2.7 The applicant shall submit an updated groundwater report concurrent with final plat submittal. If the groundwater report indicates groundwater as shallow as MTI's letter indicates a grading and drainage ptaa will be required, the details of which will be decided at final plat submittal and be required prior to construction plan approval. 2.8 The applicant has not indicated who wsll awn and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.9 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 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. 2.10 The applicant shall be responsible for the payment of assessments and the actual physical hook- up to the houses that are gowg to be retained on site to municipal services. 2.11 All existing structures that do not.meet setbacks shall be removed prior io signature on the final plat by the City Engineer. 2.12 Meridian Public Works specifications do not allow any large landscaping within a five fool radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. Exhibit B -Page 2 CITY OF MERIDEAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19, 2006 2.I 3 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 IO feet of "free and clear" easement past the sidewalk. 2.14 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1 ~ and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.15 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If Iatera! users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2. I6 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 buildingpernnits. 2.17 A letter of credit or cash surety in the amount of 110% wilt be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.18 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, 2.19 Applicant shall be required to pay Public Works development plan review, and construction inspection foes, as determined during the plan review process, prior to signature on the ~fi.nal plat per Resolution 02-374. 2.20 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. 2.21 Applicant shall be responsible for application and compliance with and NPDfiS Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.24 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.25 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 crawl spaces of homes is at least 1-foot above. 2.26 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. Fire Department Exhibit 13 -Page 2 CITY OF MERIDIAN PI.ANNINO DEPARTMENT STAFF REPORT FOR THE HEARTNO DATE OF JANUARY 19, 200b 3.1 One and two family dwellings will require afire-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. lnternational 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 %:" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which doss not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spee-fications. d. Fire Hydrants shall be placed on corners 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 IFC 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 1.50 Feet in length that is not provided with an outlet shall be required to have an approved turn around. 3.5 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Reauirome~}r is for dead-end fire apparatus access roads lhal are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required oust 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed Ioad of 75,000 GVW. 3.7 For all Fire Lanes, provide signage "No Parking Fire Lane". 3.8 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.9 Fire laaes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 3.10 Operational fire hydrants, temporary or permanent street signs and access roads with an atl weather surface are required before combustible construction is brought on site. 3.11 To increase emergency access to the site a nunimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The twa entrances should be separated by no less than i4 the diagonal measurement of the full development, 3.12 Building setbacks shall be per the International Building Code for one and two story construction. 3.13 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FORTHE HEARING DATE OF JANUARY l9, 2006 side. 'these measurements shall be based on the back of curb dimension. The roadway-shall be able to accommodate an imposed load of 75,000 GVW. 3.14 The fire department requests that any future signalization installed as the result of the development of this project be equipped with ppticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.] 5 Provide exterior egress lighting as required by the lntemational Building & Fue Codes. 4. Police Department 4.1 Any interior fencing next to common open space shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Provide a driveable surface to each of the common amenitvpond areas. Coordinate the design of These areas with the Meridian Police Department, Lt. Bob Stowe. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.3 Pathway and Trail standards: The proposed pathway and/or Vail shall be constructed in accordance with the Meridian Park Department's requirements. 5.4 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city wilt assume the maintenance of any section of pathway. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Site Snecifcc Conditions o Approval 7.1.1 Construct East Victory Road as one half of a 46-foot street section with vertical curb, gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 35-feet of right-of way with parking prohibited on both sides. 7.1.2 Dedicate 35-feet ofright-of--way from centerline of East Victory Road, abutting the site. 7.1.3 Locate and align South Ascaino Way, where it intersects East Victory Road, with South Ascaino Avenue located approximately 177-feet west of the southeast property line. Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF IANUARY 19, 2006 7.1.4 Provide ACRD with the plans for the bridge crossing {South Ascnaio Way) of the Ten Mile Creek for review and approval. 7.1.5 Construct South Mesa Way as one half of a 36-foot street section with curb, gutter and sidewalk within 25-feet ofright-of--way from centerline, where it abuts the site. 7.1.6 Construct the internal streets as 34-foot street sections within 50-feet ofRight-0f--Way, as proposed, complete with curb, gutter, planter boxes and 5-foot detached sidewalk. 7.1.7 Construct the three islands, one turnaround and a knuckle as proposed. 7.1.8 Construct the three stub streets as proposed: o Construct a stub street to the north, South Ascaino Way, Located approximately 560-feet east of the north property line (measured property line to centerline). This stub street shall align with East Lake Creek Drive and connect to Salmon Rapids Subdivision #5 to the north of this site. o Construct a stub street to the east, East I.aggers Pass Street, located approximately 125- feetsouth of the north property line (measured property line to centerline). o Construct a stub street to the east, East Sagemoor Street, located approximately 500-feet south of the north property line (measured property line to centerline). 7.1.9 Other than the access speciftcaliy approved with this application, direct lot access to East Victory Road is prohibited and shall be noted on the fwal plat. 7.1..10 Comply with all Standard Conditions of Approval. Standard Conditions ofA,pproval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7Z.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the 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, ISPWC Standards and approved supplements, Construction Services procedures and all Exhibit $ -Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT F~DR THE HEARING DATE OF JANUARY ! 9, 200b applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all ianprovement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior tv issuance of building permit (or other required permits}, which incorporates 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 are required prior to building construction in accordance with Ordinance #200, also latown as Ada County Highway District Road Impact Fee Ordinance. 7.2.I 1 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged 6y 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~f--way. The applicant shall contact ACfID Traffic Operations 387.6190 in the event any ACRD conduits (spare or filled) are compronused during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Aay change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other Legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B -Page 2 CITY OF MERIDIAN PLANNING DEPARTM ENT STAFF REPORT FOR 7HI? HEARING DATE OF JANUARY 19, 2006 C. Legal Description ~q /+.~~. r/ /~ ..., ~~ r~tC ws:vo rttouY. rtrc. f+abnuty 1Q204G l`mj~Yt Na 2700 1.xpsd Dacopdon C:nLcUa Csccit Subdivision :lnnexatioa &Rezone Area ?Q.16 Acxes PwRCet,°~1" ri tact of land foe anne~wtioo and remne pnlposos, being Lots 3, 4, 5 and 6, Block t, I.achina Es<taics (a teeorded subdivision on file In 2300& 35 of Plan, at T'agea 3416 nad 3417, records oEAda~County, Idaho), aced a pnrtioa of the Southeast One Quarter of Section 19, '['~rwnahlp 3 Nasth, Range 1 Nast, 2loiao htcridian, Ada County, Idaho, dnscdbed as follows: t :uttunendngat 9/8~inch SteCl pin monttmcoting the Sautheasc Corner of said Section 1~ an tl~c ceattsluies of & Victocp Road, thence follo~ing the southerly lira of said Section 19 aced said centeiliae,,,South 89°42'!3" West a diatanct of G2G.18 feet ro tBe I'CJINT OF IfEC1NN4~1G; Thence, fallowing the soutbetty tine of said Section 19 acrd said ccntarl[ae, Soiri2i~89°42'!3" West a distance of 945.20 feet co a point on the ees-trsline of Mesa W~iy;:., . 'T'hence leaving snit! southerly line and arud Centediae, and following the ccotetline of said 1vTcsa Wap, North 00°97'47" CVest a distance of 6G4S8 Fcct to a point; Thence 93.92 leer foUowirtg the nrt: of a cirrztlar curve to the right, said curve itaviog a radio of 115.38 feet, a central aag)c of 39°45'01", a dtard beating of North 19°34:43° 1?~st and a chard distance of 9203 Fect to a point; 't7tetice iVostlt 39°27'14" !`;set a distance: a E 261.17 feot to a point, 'iheticc 57.88 feet fo]lvwinij the ate of a cirt:ular ttttvc to the left, said eucve having a tadius;of 75.00 feet, a eeattxl angle of 44°13'10°, a chord bearing of iVotYh 1;7.°20'39" Bast and a cbozd distance of 56.46 feet to a point oa the northerly li,u of siud T.ot d extended wcatcdy to said eeoterliue; Thence lcatiiug acid centerline and foUowiug the nordterly lira of said fat Ct South: 89°?A•'07'' Post a distance. of 622.03 feee tp a pours monttrttenting the Northeast Coma of said 7.ac'd: T'hmcs leaving sad aorthady liuc and following the easoady lira of said I.oc 4, So~li'00°2a'34" Elasc n disWtce of 305.73 feet ton 7/2-atecl pia monumcating the Soutlr`east Camel of said I~ot 6; T6aiie lear~ng said eastedy line and following the oorthecly lint: of said I.ot 3, ,:. J'.: ,:.::. (~ ~IrrRdf.1~,'d.•tKl~l.:i1.4.isrc'1'QI•:,..rr.C.9;y(+~i7t rn{t+~k9S C'r1)F'¢:A.ntr•4L~/-Li; Cn+.u[w•ai.iNrud•1'rs.~~~q; .v.; L Shun Ildre,$4. l+iV.t::.j71,. kC.6u Y3GlA ~ P Vii.?!J39.9~;tt J';ti)KV19.i 4ti • q~ru~.tLrl:unlpluupin~.curn X:\I`nv;:+~t\I:f;.v.,ir.+~:i±"fpi. ta.r.:fi.In;.:LF.1t:.~wa ~Lt:~t.J.n• Exhibit C - Pege I CITY OF MERIDIAN PLANNING DEPARTMENT S'fAFF REPORT FOR THE HEARMG DATE OF JANUARY 19, 2006 f°ebruASy 10, 20UG Page 2 of ? I~~tzh 89°3$'37" Fast n distxtnce of lOG.46 fcei to a 1/2-steel pin monumenting [l-e Nurthcast Carver of ~xitl I..ot 3; ~12lnIICC lcavtttg said 110rtI1CLIy I1ttC and fallOWlltg t)JC CAbtL`rly )lnt Of 9a1~ T.OL 3, SoutlJ 00°23'17" ]?~ st a disutnct: of G90.42 fact to the PO1NT OF HISG1NNTl~rG. 'Ihr, abwade~cn'bed tract of Inad contains 20.1G Aars, more ar less, subject to all existing r~scmcnts cad ~LCa-o[ way. :ttgictted 8ereto is F,xhibit "A-2" and by thin to{erenct is trade apart ltueof- 1•'rt:pxrcd By: 'T>tii LAND GROUP, YNC. •1G2 E. Shore Drive, Suite 100 lime, Idaltp 83G1G zp6.939.4(YF1 :?{l8.934444~ (EIAX) ~ ~°-'~'~S~ - FEB 17 2006 .i~lutAR PueUc qY Hlt~ Ot;pT 1:. .'.' ,, :o • r (d.,lr 1r ..•IrrLr:rt:QY: r'( ll:'r I:<,'u>'; CJ . f.::Q r.:7r: f: (.7~}.ll:~a K> ~Gb,HCiar:e; • ('.VrO~f; {':yelw.7u•.:?':1 ~: • ~rr~~'••~~ .J L . li,.','1;. ~IIpA i~t11 C. St: li;,l, I{;+t•{:. {~t'Ja•> B.,Cf.i t+s It j{I!1!J:t11.M ~a {' .7t)t«)11,.1 }{~ • lt11o,16clattr{t;tc+dpluc.cuN >rxhibit C -Page 2 CITY OF M$RIDIAN PtANN(NG DEPARTMENT STAFF REPORT FOR THE HEARING BATE OF JANUARY 19, 2006 POOR COPY rx P. za a ~^ pyJ~~. l ~~g 5~~ ~~~~ 02 0 N~7 Q o0 N F- Z ~f~ ~dm a v m ~, L" J_ } z U a F Exhibit C-Page 3 CITY OF MER1D{AN PLANNINO DEPARTMENT STAFF REPORT FOR THE HEARING DATE OFlANUARY 19, 2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application.l:n order to great 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. 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 the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement of the R-4 zone. 3. The map amendment shalt not be materially detrimental to the public health, safety, and welfare; 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, Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery o'f services by any political subdivision providing services to this site. 5. The annexation is in the best of interest of the City ([TDC 11-SB: 3.E). The R-4 zoning amendment will provide lots that are similar in nature W existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will'be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds t at ,A,~aexation and Zoning of this property ~0~-4 would be in the best interest of the City if the app~ir~nt entexs into a Development AP_reement tD~ with the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the declaion-making body shall make the following findings: 1. The plat is in coaformance with the Comprehensive Plan; Exhibit D -Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARRVG DATE OF JANUARY 19, 2006 Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please 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; Council finds that public services are available to accommodate the proposed development. ($ee Exhibit B of the Staff Report for more details from public service providers.) 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 cost, 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; The Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding l[tems 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detai{.) 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. ACRD considers road safety issues in their analysis. The Commission and Council should 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 staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Ten Mile Creek is a natural, scenic feature that should be preserved when this property develops. Council is unaware of any other natural, scenic or historic features on this site. Therefore, if the Ten Mile Creek is protected and enhanced, 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. The Commission and Council should reference any public testimony that may be presented to deternnine 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 -Page 2