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Baraya Subdivision AZ 06-061ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 82 BOISE IDAHO 08/31/07 11:08 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIII II III RECORDED-REQUEST OF 10712289 Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Dyver Development, LLC, Owner/Developer THIS D~VELAPMENT AGREEMENT (this Agreement), is made and entered into this2~/day of '~ , 2007, by and between City of Meridian, a municipal corporation of the State of o, hereafter called CITY, and Dyver Development, LLC, whose address is 1977 East Overland Road, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECTTAIS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State 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 referred to as the Property; and 1.2 WHEREAS, I.C. § 67-651 lA, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developermake awritten commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Ordinance 11-SB-3, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Owner/Developer have submitted an application for annexation and zoning of the Property's described in Exhibit A, and has requested a designation of R-8 (Medium Density Residential District), R-15 (Medium-High Density Residential District)and R-40 (High Density Residential District), (Municipal Code of the City of Meridian); and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Toning Commission and before the Meridian City Council, as to how the subjecx Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 06-061) BARAYA SUBDIVISION 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, include responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 WHEREAS, City Council, the 10'~ day of July, 2007, has approved certain Findings of Fact and Conclusions of Law and Decision and Order, set forth in Exhibit B, which are attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Owner/Developer toenter into a development agreement before the City Council takes final action on annexation and zoning designation; and 1.9 OWNER/DEVELOPER deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at their urging and requests; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and toensure re-zoning designation is in aoconlance with the amended Comprehensive Plan of the City of Meridian adopted. August 6, 2002, Resolution No. OZ-382, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITAIS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. DEVELOPMENT AGREEMENT (AZ 06-061) BARAYA 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 OWNER/DEVELOPER: means and refers to Dyver Development, LLC, whose address is 1977 East Overland Road, Meridian, Idaho 83642 the party that owns and is developing said Properly and shall include any subsequent owner(s) ~ developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-8 (Medium Density Residential District), R-15 (Medium-High Density Residential District) and R-40 (High Density Residential District, attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THLS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2 which are herein specified as follows: 118 single family residential l~s on 26.41 acres in the proposed R-8 .zone; 216 single family residentaiial lots on 38.26 aces and 1 school lot on 14.98 acres in the proposed R-IS zone; 2multi-family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Baraya Subdivision, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 0~6-061 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. DEVELOPMENT AGREEMENT (AZ 06-061) BARAYA SUBDIVISION PAGE 3 OF 12 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developerspall develop the Property in accordance with the following special conditions: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 3. The Applicant will be responsible for all costs associated with the sewer and water service extension. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 5. Each final plat shall substantially comply with the approved preliminary Plat such that a minimum of 334 single family dwellings are constructed on the R- 8 and R-15 portions of the site. No more than fifty (50) dwellings may be constructed until a secondary access is provided to the subject development. 6. The Applicant shall provide amulti-family development within the R-40 zoning district which meets or exceeds a residential density of 16 d.u.'s/acre. ?. Development of the multi-family portion shall be subject to the Conditional Use Permit (CUP} process. If the Ten Mile Specific Area design guidelines are in force at the time of development, then development of the multi-family portion shall be consistent with said guidelines. Otherwise, the owner / developer shallprovidecity-approved sign guidelines far saidmulti-family portion at the time of procurement of a CUP. 8. The rear elevations of the homes visible from public streets and open spaces shall also be subject to the architectural standards established for Baraya. 9. The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads corresponding with phasing, prior to occupancy of dwelling units. 10. The Baraya Residential Design Guidelines are as follows: - Provide for pedestrian connectivity. - Develop guidelines for the future owners of the multi-family property. - All dwellings shall be provided with eaves which project not less than DEVELOPMENT AGREEMENT (AZ 06-061) BARAYA SUBDIVISION PAGE 4 OF 12 twelve (12) inches beyond the side of the exterior wall. - All dwellings shall be a minimum of 1,100 square feet of livable area excluding the garage area. - At least seventy-five (75) percent of the second story of two-story dwellings shall be set back a minimum of three (3) fees (from the wall plane) or set forwazd a minimum of two (2) feet (from the wall plane) when positioned over the garage; or two-story dwellings shall include architectural features such as, but not limited to, roof lines, belly bands, pop-outs, cantilevers, material variations, and / or color variations across the full width of the garage to break the plane of the lower and upper levels. - Elevations of dwellings shall incorporate varied wall planes or roof forms, prominent fascia and overhangs and main entries shall be defined by incorporating architectural elements such as roof gables, dormers, vestibules, lighting, etc. - Elevations of dwellings, including the garage, shall include natural appearing quality materials and distinctive architectural detailing including, but not limited to, stucco, stone, or brick on the side oriented to the street. - The site design shall de-emphasis gazages. As such, at least 64 dwellings, or 19°,6, of the lots shall access garages from public alleys, with the primary front entrance from the public street, as shown on the approved preliminary plat. - Dwellings shall include architectural elements to define entries and windows should be designed to create shadows and give depth be either recessing or protruding. Use trim, sills, easings, mullions, shutters, popouts,and/or other architectural details around windows, entrance doors, sliding glass doors, and garage doors. - Each dwelling shall have a usable covered front porch, balcony and/or courtyard. Recessed entries shall have extended porches, covered entryways, and/or courtyards to at least the front plane of the house. - Provide variety in design and avoid monotony by varying structure types and elevations. 11. Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: 'This Agreement and the commitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Owner/Developer or Owners'/Developers' heirs, successors, assigns, to DEVELOPMENT AGREEMENT (AZ 06-061) BARAYA SUBDIVISION PAGE 5 OF 12 comply with Section 5 entitled "Conditions Governing Development of Subject Property'" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-b509, or any subsequent amendments or recodifications thereof. 7. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: Owner/Developer consent upon default to the reversal of the zoning designation of the Property subject to and conditioned upon the following conditions precedent to-wit: 7.1 That the City provide written notice of any failure to comply with this Agreement to Owner/Developer and if the Owner/Developer fail to cure such failure within six (6) months of such notice. 8. INSPECTION: Owner/Developerspall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Owner/Developer, or Owner/Developers' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Owner/Developer of 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 a~ conditions. DEVELOPMENT AGREEMENT (AZ 06-061) BARAYA SUBDIVISION PAGE 6 OF 12 10. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner/Developer'sccst, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning 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, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 12. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 12.1 In the event of a material breach of this Agreement, the parties agree that City and Owner/Developer shall have thirty (30) days after delivery of notice of said breach to correct the same prior to the non- breaching party's seeking of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to c~rre such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible far such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed DEVELOPMENT AGREEMENT (AZ 06-061) BARAYA SUBDIVISION PAGE 7 OF 12 under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 14. CERTIFICATE OF OCCUPANCY: The Ovvner/Developer agrees that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer/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 OwnerlDeveloper agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Iaw, 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: CITY: c% City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 OWNER/DEVELOPER: Dyver Development, LL.C 1977 East Overland Road Meridian, Idaho 83642 DEVELOPMENT AGREEMIIVT (AZ 06-061) BARAYA SUBDIVISION PAGE 8 OF 12 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 concenning 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 sepazate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. TIME IS OF THE ESSENCE: The parties hereto aclmowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to tidy perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 19. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer ofthe 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 writtenrequest ofOwner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 20. INVALID PROVISION: ff any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between OvvnerlDeveloper 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 DEVELOPMENT AGREEMENT (AZ 06-061) BARAYA SUBDIVISION PAGE 9 OF 12 parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the usesand/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: 'Ibis 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 06-061) BARAYA SUBDIVISION PAGE 10 OF 12 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinatmve provided. OWNER/DEVELOPER DYVER DEVELOPMENT, LLC ATTEST: WILI[.IAM G. BERG, JR. V By: CITY OF MERIDIAN BY: MAYO de WEERD ~~~~ ~~ ~~ 0 ~ ~~ E ~ 1~ \ ~O~~r ~s~ • ~.~,. ~~. ,,,~~``~ DEVELOPMENT AGREEMENT (AZ p6-061) BARAYA SUI3DMSIt)N PAGE 11 OF 12 STATE OF IDAHO, ss County of Ada, ) On .this ~'~ ~ day of t1(~gL~J-F- ~pp7, beforE me, the undersigned, a Notary Public in and for said State, personally appeared - C-°"~`~ ~~^~~ known or identified to me to be the a..,n~,- a rnp --~~T-r~.t~r of DYVER DEVLEOPMENT, LLC and acknowledged to me that he executed the same on behalf of said corporation. I1V WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,(SEAL) 1 ~ r f • • ,,..... Y n !. Y \- i 1 ~ ~ ^ i ~ i ~ ~'. ',ICE OF'ID~•'. •..... Notary Public for Idaho Residing at: IUQI~t~, .Ll~ My Commission Expires: (n - b~- ~j p STATE OF IDAHO ) ss County of Ada ) On this ~ day of 't' ,2007, before me, a Notary Public, personally appeared 'Tammy de Weerd an illiam G. Berg, Jr., know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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. S~.?bl. ~ • •••'•••••4•••••• ~ (S~') ~~ ~,~~~; Public for o z ~ Residing at: ~ :~ , %9 ~~. ,% ; Commission expires: 10-~ 1-1 ~ DEVELOPMENI~ • ,,(,4Z~Q6-061) BARAYA SUBDIVISION ~1 ;IDAHO... ' "' ~ PAGE 12 OF 12 Legal Descriptions ~ ~~~ ~URy~Y ~R~U~, 'Project No. QS-25.6 ~araya Subdixision Annexation, Descrepton 1450 East YVacei'corver St Suite 150 Meridian,ldaEio.83b42 PFiQne :(208) ;846.857.0 Fax ,(20B} 854-534§ Qctober;6~ 2005 The,NE 11'4 cifthe NW 1l4'and the NVY 1~4 t~fthe 1+TE i~4 of Section 15, T,3N,,.. R:i W., B.IVI; Ada Caunty,, Idaho, ani~ a;liortiuii uf.ibe West; 112 `ofthe i?I~JV Il4 ofsairi Secliou I S~ mtzrc parlicuiariy described as follows: BE~iNN~T!~ ai the:ll4 career common to-5ection.l0., and th,e said Section 1S, from' which the NQrfheast"'cort~er.t~#'said Section 1S'bears,South;81°l~'2'1"]~ast,.2~i4b ~3 feet; Thenctr $oith-89°1:5'27".mast,132U:36 feetto-the East 1'/t6`icoruereommori to; Section 1(} and the:said Section 15; Thence.alang the.Esst, iine-nf the h 1~4 of the'NE :1%4 South OQ°2~' 1~F''.~Test; 1329.09°fee# to the NE 1116 comer; Thence.l*Iorth 89°.l5'U4" Wiest, 1317:'75 feet #o "ti'ie f:YN lli 6 comer,; Thence continuing.Noriir89°15'4" Wesf;1~24;68 feettatlie:~TW tlr6"comer; 't'hence along the,East line;of the West 1.12: ©f the NW 114 :South {3n°47'Z5" West, x'.28.56-#'eet Thence'T~artn. 75°4~'.~~': y~'essf, i ~1;0:91`feet Thence North t1t1443i:(l3" East, 2a3;$I fit (recarrl 2t3 SQfeet) Thence?~orth 89°16'57"West, 176.25 feet:toa,pgint~u-:the Westline`ofsad, Section 1`5 Tl'tetaee. aX~~ig saidlrie l~lorth QO°4S'Q3" ~ast,..29965 feet'trecozd 3{?O~.DO feet); Thence slang; the center of~au urigaton ditch South 75°S9'37'° Easf, 621.$8 feet (retard 625;44 feet), . . Theuuice SQUth 7G°12'00'* East, 73?1 88,feet {record X32 $2 feet} to a poinf Qn the 'last line of the I~TW 11'4 of the NW tl4 ofsaiid Section l5; P'rnfessianal Land Survey:ars- fihence, along saiclline North OD~~:I'SI" £ast, 11~6.76:feet- to tl~e West lJ1 corner comtnonto Seefion ~0 mod. the-.said Section 1 Thence,South-:~9°1S'34"~ast,,13'?0.2$'feet tai tke:PhintofBeguiming; :C~ntairiixig., 95,5:7 Wires; more or less. rho Survey Group,. P:C, t~`~'~ "~ ~r~^~f / ,~~ O~ ~a~r~'~/` ~! ~, Terry Peag~ P~..,S ~v ~ ovAr.. BY:_'. ~~ ~ $' M.~.nID6AN P+.1;';I.~C v4~ ~ F~KS 4~ r~T 1450 EastWatertower.St. Suite f 50 Meridian, Idaho 83642 Phone .(208) 846-8570 Fax (208) 884-5399 ;Project No. 06-177 January 17, 2007 Baraya R-8 Zane A pazcel of land located in the NE 1/4 of the NW 1/4, and the NW 1/4 of the NE l/4 of Section'15, T.3N., R1W., B.M., Ada County, Idaho, more particularly described as follows: BEGTiVNING at the North 1/4 corner of said Section .15, from which the Northeast corner of said Section bears South 89°15'27" East, 2640.73 feet; Thence along the North line of said NE 1/4 of the NW 1/4 North 89°15'34" West, 1.190.28 feet; Thence departing said line South, 00°31'51" West, 239.82 feet; Thence. South 5°05'29" East, 51.04 feet; Thence South 00°31'51" West, 406.37 feet; Thence .156.71 feet along the arc of a. curve to the left, having a radius of l OQ.00 feet, a central angle of 89°47'25", and a long chard bearing South 44°21'52" East, 141.16 feet; Thence South 89°15'34" East, 494.25 feet; Thence 51.97 feet along the arc of a curve to the left, having a radius of 100.00 .feet, a central angle of 29°46'33", and a long chord bearing North 75°51'09" East, 51.39 feet; Thence North 60°5T53" .East, 6.8.63 feet; Thence South 29°02'07" East, 223.82 feet; Thence North 60°57'S3".East, 451.21 feet; Thence 64.97 feet. along the arc of a curve to the right, having a radius of 125.00 feet, a central angle of 29°46'40", and a long chard bearing North 75°51' 13" East, 64.24 feet; Thence South 89°15'27" East, 289.25 feet; Thence North 00°27'.13" East, 399.50 feet; Professional Land Surveyors Thence 46.54 feet along the arc of a curye_to the right, having a radius of 100.00 feet, a central angle of 26°39'52", and a long chord bearing North 13°47'09" East, 46.12 feet; 'Thence North 00°44'33" East, 258.57 feet to apoint on the North line of said. Section 15' Thence North 89°15'2?" West, 383.29 feet to the Point of Beginning. Containing .28.17 acres, more. or less. Prepared, By; Idaho Survey D. 'ferry Peugh, PLS REVIE A VAL B~' . a t ~ ? U;ERt ~ IV PUBLIC VJr:3.V~K5 p~,RT, IDAHO SURVEY G ItOUP Project No. 06-177 Baraya R-15 Zone 145.0 East Watertower St Suite ! 50 Meridian, Idaho 83b42 Phone (208) 84b-8570 Fax (208) 864-5399 January 16, 2007 Portions of the NE 174 ,of the NW 1/4, the NW 1/4 of the NE 1/4, and the West 1/2.qf the NW 1./4 of Section 15, T.3N., iZ.1W., B.M., Ada County, Idaho, more particularly described as follows:. Commencing at the ll4 corner common to .Section 10 -and the said Section .15, from which the Northeast corner of said Section 15 bears,South 89°.15'.27" East, 2640.73 feet; Thence South. 89°15'27" East, 1090.49 feet to the REAL POINT OF BEGINNING. Thence South 00°44'33" West, 96.84 feet; Thence 161.93 feet along the arc of a curve to the right, having a radius of 235.00 feet, a central angle of 39°28'49", and a long chord bearing South 20°28'57" West, 158.74 feet; Thence South 40°13'22" West, 262.47 feet; Thence 163.11 feet along the arc of a curve to the lefts having a radius of 235.00 feet, a central angle of 39°46'09", and a long chord, bearing South 20°20' 17" West, 154.86 feet; Thence South d0°27' 13" West, 729.58 feet to a point on the South boundary of said NW 1/4 of the NE 1/4; Thence North 89°.15'04" West, 810.74 feet to the C-N 1/16 corner; Thence continuing North 89°15'04" West, 1.324,68 feet to the NW 1/16 corner; Thence along the East line ofthe West 1/2 of the NW 1/4 South 00°47'25" West, 328.56 feet Thence North 75°42'49" West, 11,80.9I feet; Thence North 00°43'03" East, 263.81 feet (record 263..50 feet); Thence North 89° 16'57" West, 176.25 feet to a point on the West line of said Section 15; Thence along said line North 00°43'03" East, 299.65.feet (record 300.00 feet); Page 1 of 3 Professional land Surveyors 'Thence along the center of an irrigation ditch South 75°59'37" East, 624,88 feet (record 625.04 feet);- Thence South.76°:12'00" East, 734.88 feet (record 732.$2 feet) to a point on the 'East lixie of the. NW 114 of the NW .114 of said Section I5; Thence along said line North 00°31'51".East, 1126.76 feet #o the West 1116 corner common to Section 10 and. the said Section 15; Thence along the North line of said Section 15 South 89°15'34" East, 130.00 feet; :Thence departing said line South 00°31'51" West, 239.82 feet; Thence South 5°05'29" East, 51.04 feet; Thence South 00°31'51" West, 406.37 feet; Thence ,156.71 feet along the arc of a curve to the left, having a radius of 100.00 feet, a central angle of 89°47'25", and a long chord bearing South. 44°21'52" East, 141.1.6 feet; :Thence South 89°15'34".East, 494.25 feet; Thence 51.97,feet along the arc.of a curve,to the left, having a radius of 100.00 feet, a. central angle of 29°4b'33",, anal a long. chord bearing North, 75°51'09" East, 51.39 feet; -Thence North 60°57'53"East, 68.63 feet; Thence South 29°02'07" East, 223.$2 feet; Thence North 60°57'53" East, 451.21 feet; Thence 64.97 feet along the arc of a curve,to the right, haying a radius of 125.00 :feet, a central angle of 29°46'40' ; and a long chord bearing North 75°S 1' 13"East, 64.24 feet; Thence South 89°15°27" East,,289.25 feet; 'Thence North 00°27'.13" East, 399,50 feet; Thence .46.54 feet along the arc of a curve to the right, having a radius of 100.00 feet, a central angle of 26°39'52",;and a long chord bearing North. 13°47'09" East, 46.12 feet; Fage Z of 3 Thence North 00°44'33" East, 258.57 feet to a point on the North line of said Section 15; Thence South 89°15'34" East, 707.20 feet to the Point of Beginning. Containing :54.13 acres, more or less. D. Terry Peugh, PLS .REV} ROV/kl. BY' ~A~ ` ".•r ~E~,IDIA DEpT1c Wt3l~K Page 3 of 3 Prepared By: Idaho Survey Groin, P.C. i .450 Fast Watertower St IDAHO s~,i~ i5o SURVEY Meridian, Idaho 83542 GROUP 'phone {ZOS) eas-e5~o Fax {208) 884-5399 Project No. 06-177 .January 17, 2047 Baraya R-40 Zone .A parcel of land located in the NW 1/4 of the NE 1!4 of Section 15, T.3N., R 1 W., B,M., Ada County; Idaho, more particularly described as follows:, Commencing. at•the North 1/4 corner of said Section 15, from which the Northeast corner of said Section bears South 89°15'27"East, 2640.73 feet; Thence South 89° 15'27" East, 1090.49 feet to the REAI. POINT OF BEGINNING. Thence South 00°44'33" West, 96.84.feet; Thence 161.93 feet along the arc of a curve to the right, having a radius of 235.00 feet, a central angle of 39°28'49", and. a long chord bearing South 20°28'57" West, 158.74 feet; Thence South 40°13'22" a?Vest, 262.47 feet; Thence 163.11 feet along the arc of a curve to the left, having a radius of 235.00 feet, a central .angle of 39°46'09", and a long chord bearing South 20°20'17" West, 159.86 feet; Thence South 00°27' 13" West, 729.58 feet to a point on the South boundary of said NW 1/4 of the. NE 1/4; Thence South 89°15'04" East, 507.01 feet to the NE 1/16 corner; Thence North 00°27'13" East, 1329.09 feet to the West 1/1.6 comer common to Section l0.and the said Section 15; Thence North 89° 15'2T' West, 229.87 feet to the Point of BegiYUUing. Containing .13.26 acres, more or less. Prepared By: Idaho Survey Grou~P.C. ~ -~ REVIE d P VAL D 8Y O qq' t A' a' ~t i~ [,; ~- MERIL ~tN PUBLIC ~ ']~~T.F~ ~F ~~~`~ `WORKS• DEPF, "cf~f~ ~~ Professional Land ~ur~v~'ey~i'sI"' CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ,~ ,~ f~'TV iYF ~•~ ~. i'YL~1'1'~1~}1' '~ IUAHCa ,}~ !° ~,,,. .r..r,,~..~,~_ ~ In the Matter of the Request for Annexation and Zoning of 95.57 acres from RUT to R-8, R-15, and R-40 AND Preliminary Plat eonsisting of 118 single family residential lots on 26.41 acres in the proposed R-8 zone, 21b single family residential lots on 38.26 acres and 1 school lot on 14.98 acres in the proposed R-15 zone, 2 multifamily lots on 13.01 acres in the proposed R-40 zone, and 30 common lots, for Baraya Subdivision by RMR Consulting, Inc. Case No(s). AZ-06-061, PP-06-062 For the City Council Hearing Date of: June 19, 2007 (Continued from Apri13, 2007) Findings on the July 10, 2007 City Council agenda A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 19, 2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code, codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ•06-061 & PP-06-062 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected pazty requesting notice. 7. That this approval is subject to the Legal Description and the provisions of the Development Agreement stated in the attached Staff Report for the hearing date of June 19, 2007, incorporated by reference. The conditions aze 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 § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. A Development Agreement is required with approval of the subject Annexation & Zoning application and shall include the provisions noted in the attached Staff Report for the hearing date of June 19, 2007, incorporated by reference. 2. The Applicant's Annexation and Zoning, as evidenced by having submitted the legal description and exhibit map, stamped and dated January 17, 2007, by D. Terry Peugh, PLS, is hereby conditionally approved with the following modifications to the Development Agreement: a. Condition 1.1.7 shall reflect 334 buildable lots, not 315 lots. b. The Applicant is to comply with the approved elevations and design standards as outlined in the staff report, as well as any additional standards established with the Ten Mile Interchange Specific Area Plan. c. That the rear elevations of the homes visible from public streets and open spaces also be subject to architectural standards established for Baraya. d. Additional design standards for Bazaya aze as follows: - All dwellings shall be provided with eaves which project not less than twelve (12) inches beyond the side of the exterior wall. - All dwellings shall be a minimum of 1,100 square feet of livable area excluding the garage area. - At least seventy-five (75) percent of the second story of two-story dwellings shall be set back a minimum of three (3) feet (from the wall plane} or set C1T'Y' OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 forward a minimum of two (2) feet (from the wall plane) when positioned over the garage; or two-story dwellings shall include azchitectural features such as, but not limited to, roof lines, belly bands, pop-outs, cantilevers, material variations, and / or color variations across the full width of the garage to break the plane of the lower and upper levels. - Elevations of dwellings shall incorporate varied wall planes or roof forms, prominent fascia and overhangs and main entries shall be defined by incorporating architectural elements such as roof gables, dormers, vestibules, lighting, etc. - Elevations of dwellings, including the garage, shall include natural appearing quality materials and distinctive architectural detailing including, but not limited to, stucco, stone, or brick on the side oriented to the street. - The site design shall de-emphasis gazages. As such, at least 64 dwellings, or 19%, of the lots shall access garages from public alleys, with the primary front entrance from the public street, as shown on the approved preliminary plat. - Dwellings shall include architectural elements to define entries and windows should be designed to create shadows and give depth be either recessing or protruding. Use trim, sills, easings, mullions, shutters, popouts, and/or other architectural details around windows, entrance doors, sliding glass doors, and garage doors. - Each dwelling shall have a usable covered front porch, balcony and/or courtyard. Recessed entries shall have extended porches, covered entryways, and/or courtyazds to at least the front plane of the house. - Provide variety in design and avoid monotony by varying structure types and elevations. e. The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads corresponding with the related phase, prior to occupancy of dwelling units. 3. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, labeled Sheets PP-1, PP-2, and PP-3, prepared by Bailey Engineering, and dated January 12, 2007, is hereby conditionally approved with the following modifications: a. That the Applicant address an east-west collector connecting with the north-south collector (S. Glen Canyon Avenue) to be at southeast corner of the subject property, with submittal for [the associated] Final Plat. 4. The Applicant's Landscape Plan, as evidenced by having submitted the Landscape Plan, dated January 22, 2007, and prepared by Jensen Belts Associates is hereby conditionally approved; 5. The site specific and standard conditions of approval aze as shown in the attached Staff Report for the hearing date of June 19, 2007, incorporated by reference. D. Attached: Staff Report for the hearing date of June 19, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). A~06-061 & PP-06-062 By action of the City Council at its regular meeting held on the L7 `~ day of 2007. COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD Copy served upon: ~~ S~~L __ 7 ' ti~ J ., C ~r r psi • ~~.~ ~~~~i~tt,ti~i sir~~',~~`t Applicant Planning Department Public Works Department ~~City Attorney VOTED_~~~~d~'~ VOTED_ `J~ VOTED__~~~(i~"~ VOTED__~~~`' VOTED By; Dated: 1 " ~ 2"~~ i y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-061 & PP-06-062 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 STAFF REPORT Hearing Date: June 19, 2007 Continued From: Apri13, 2007 TO: Mayor & City Council FROM: Amanda Hess, Associate City Planner (208) 884-5533 SUBJECT: Baraya Subdivision • AZ-00061 y ~ ~,~ err~i~n IL'JAHC~ +~ „~v_ ,~ Annexation and Zoning of 95.57 acres from RUT (Ada County) to R-8 (Medium Density Residential - 28.17 acres), R-15 (Medium High-Density Residential - 54.13 acres), and R-40 (High Density Residential - 13.26 acres), by RMR Consulting, Inc. • PP-06-062 Preliminary Plat consisting of 118 single family residential lots on 26.41 acres im the proposed R-8 zone; 216 single family residential lots on 38.26 acres and 1 school lot on 14.98 acres in the proposed R-15 zone; 2multi-family lots on 13.01 acres in the proposed R-40 zone; and 30 common lots for Baraya Subdivision. NOTE: The City Council first heard this proposal on April 3, 2007. Also in April, there was an application for a Comprehensive Plan Map Amendment scheduled before the Planning & Zoning Commission, which affected the subject property, called the Ten Mile Specific Area Plan. City Council elected to continue the subject AZ and PP applications to June 19, 2007, to allow enough time for the CPA proposal to come before the Council. The Council approved the Ten Mile CPA on May 22, 2007. Planning Staff has updated this report to include Council's discussion of the project at the April 3 meeting and the building elevations provided by the Application at said hearing. 1. SUMMARY DESCRII'TTON OF APPLICANT'S REQUEST The Applicant, RMR Consulting, Inc., has applied for annexation and zoning of 95.57 acres, from RUT (Ada County) to R-8 (Medium Density Residential) for 28.17 acres, R-15 (Medium High-Density Residential District) for 54.13 acres, and R-40 (High Density Residential) for 13.26 acres. The Applicant has also submitted a preliminary plat for the subject property which proposes 334 single-family residential lots, 28 common lots, and 1 school lot within the proposed R-8 and R-15 zones; 2multi-family and 2 common lots are also proposed in the R-40 zone. The site has not been previously platted. The subject property is located south of Franklin Road and east of Black Cat Road at 3935 West Franklin Road and 280 South Black Cat Road, in Section 15, Township 3 North, Range 1 West, B.M. The subject property is within the City's current Area of Impact and Urban Service Planning Area. The subject applications, AZ-06-061 and PP-06-062, were heard before the Planning and Zoning Commission on January 4, 2007. Planning Staff recommended denial of the project as Staff believed the project was inconsistent with the goals of the Ten Mile Interchange Specific Area Plan. At the hearing, the Applicant requested a continuance to meet with Planning Staff and allow for redesign of the project to apply the Ten Mile standards. Barays Subdivision - AZ-06-061 /PP-06-062 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP TUNE 19, 2007 The new plan proposes additional building lots which warranted re-noticing the neighboring property owners of the changes and publishing the new notice in the media. Staff believes the revised preliminary plat is more compatible with the goals and policies of the existing Comprehensive Plan, the Ten Mile Interchange Specific Area Plan, and the Unified Development Code. 2. SiJNIlVIARY RECOMMENDATION The subject applications (AZ-06-061 and PP-06-062) were submitted to the Planning Department for concurrent review. Below, Staff has provided a detailed analysis for the requested Annexation and Zoning and Preliminary Plat applications. Staff recommends approval of the proposed Baraya Subdivision subject to the conditions listed in Exhibit B of the Staff Report, if the Commission believes the building elevations provided by the Applicant at the public hearing meet Staffs design requirements, as outlined in Section 10 of this Staff Report. The Meridian Planning and Zoning Commission heard these items on January 4 and March 1, 2007. On March 1. 2007, _the Commission moved to recommend approval to the ity Council. a. Summary of Commission Public Hearing: i. In Favor: Matthew Schultz A licant's R resentative ii. Tn Opposition: None iii. Commenting: None iv. W 'tten Testimony Larry Woodard (Minister Cherry Lane Christian Church) v. Staff Presenti lication: Amanda Hess vi. Other Staff Commentin on A lication: None b. Kev Issues of Discussion by Commission: i. Providinst quality building exteriors to include stucco stone. and brick ii. The A licant's o sal tha densit onion should be subject to the Ten Mile Specific Area design guidelines in effect at the time of development in lieu of the Applicant generating~udelines now. iii. The Applicant Qroviding trees adjacent to the Purdam Drain, if allowed by the Nampa & M 'di Irri ation District. c. Ke Commission Chan es to Staff Re ommendation: i. R~luiring_ the Applicant to construct produ s with quality exteriors to include natural a earin mat ri and architectural d ailin includin but not limited to stucco stone and brick. ii. Not re-guiring the Applicant to~rovide development / desisrl euidelines for the multi-family portion of the proiect• that those issues can be addressed through the CUP process, as all multi-family prof ects must Qrocure d. Outstandins Issue(s) for Citv Council: i. 'TLie Applicant has provided Staff with proposed single family elevations on March 28, 2007, for the benefit of the City_Council_ ii. The Commission did not a rove the m townhouse elevations su lied b the Applicant They directed the Applicant to redesign them to modulate the fronts of the strut es i.e. brin th 1'vin area forty d o that there is not 'ust a strai t street of azages The Applicant has provided Staff with new townhouse elevations on March 28, 2007. for the benefit of the CityCouncil. iii. The Applicant did not supply elevations for the proposed alley-loaded product for the Commission. However A licant rovided Staff with the elevations on M h 28 2007, for the benefit of the City_Council. he Meridian itv ounc'1 her this item on April 3= and Jnne 19. 2(1(17. At the April 3`d public ~xjng~v moved tQ,continue the subiect gRnlicationc to June 14~ a. City Co n it Public Hea 'na on aril3rd: Baraya Subdivision- AZ-06-061/PP-06-062 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF R1~PORT FOR THE HEARING DATE OF JUNE 19, 2007 i. In M tz wn i is R to 'v ii. yn opposition: Ste a Dore iii. Co enting: No e iv. Written testimony: None v. Staffll~enting application: C. C aleb Hood vi. Ot er staff co enting on a lic ation: None b. Kev I c~~,piscussion by Counc il: i. Does thin oror nosal, meet th e Cit y's goal to arterials whipstill conforming to a tran~po tion p lan for the Tel l Mile Area? (Th a nswer is vex ii. .~ ignalized iI tersection on Fran kl"n for a future llector that is to be loc ed nea_r the easy pro boon o the Ba rax~ ubdivision: iii. ertv will be set aside f or a s chool on-site However at Prese t the School District is unsure o the tirnin,p of cons true 'o n of the.s 00 1: iv. Pedestrian pa hwavs wi in the su bdivision for f u children to ac cess the ool• v. t the 'cant 'yes to - tow Dose products: and vi. r'^r*+n»ing t_he public he ing u nY such tim e that the Ten Mil e Specific Area Plan is ted v the Council. c, Outst a d_inQ Issues for City Counc il: i. condition 1 1 7 references 315 b uildable lots. This number is inco rrect. The elan proposes 3341ots This ondition f Approv should be odified to reflect t hat- ii. t~1Lh~ sho ld stat e t_h t the renuired l. ~andsc nine and s'd ewalks are to be instbled a~~ the arterials comes on ding with the relate d phase. Th~DA sh ould also be modified to reflect this c~nge: iii. Con ition 1 1 10 should sta te tha t the Anplic t is to comply with the annrov elevations des' Qn standards as ou t fined in th staff r , ort_ as we 1 as any a. ditional standards establis ed with the Ten Mile tercha~x ~e S Recific Area Plan, a DA should also be modified to r flea this chan ge: iv. ~e ~ e elev~S' for the n r dosed resi ential structures (s 'ngle-family.. townhouse_ alley-1 ad. etc.) are ace ta ble. S t ff has in lu ded h elevatio s proposed at the previous Council a 'ng iI~ his staff eoort Th Applica nt recently ron vide ~an additional townhome rendc-rinw which is also incl uded i n the report: v. The Armlicant provided S ff wit h additional re sidential design eui delines to be include eve t vi. An licant rovided S ff wit h p sed r idential setback the d While *++~~+ oft ese setb cks do m et th e Cit 's stand ards. some do not. S taff recommends that~e Council reaulr' expose d dev el ument to co mply with al UDC set ack reauI emits for eir respective zones. a. i. Ilifavor: Matt Schultz (Anplic is Renres ii. In onnositio :None iii. Commenting: None iv. W 'tten tes imonv: one v. Staff ~3esentin_e arn~lication: supine vi. O her Staff comet tins on nnlieation: None b, Kev ssues of Discuss' o ~n il: i. Tha e r r elevati ns of the ho es visible om public streets and o en sp also ~biect to architee al standards est blished forte +~a' Baraya Subdivision- AZ-06-061/PP-06-062 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 ii. Ho_ w the residents of Barn a a will be notified of future cons ction of the m ulti-family / t - w ~ e i evelonment: iii. a concern that public ser vices s ch a~polic' Q and fire Rrot ection. are not adequate _tQ se~te the area as of e~t~ iv. Whether the road infrastruc re is ,~,gpa ble of servir l~~ as dem ent of this size until Black Cat and F nklin Roa are imnr v. ThP nnesihility of est blishi n¢ IDs to provide for n ub is infras cture: and vi. The Ten Mile P an depicts aneast- es t collector connectin¢ wit h the port - _ (S Glen Canyon Avenue at the s uth east c er of the su iect grope .Coun cil elieves ^ the pplicant address. is issue w't h submittal or Final Pla c. Key C ounc'1 hap es to Co miss ion Recom m anon: i. Co dition 1 1 7 be modif ed to refl 3 34 b ' dabl e lots. not 3151ots: ii. ~I. ol, n 1 1 12 be modifi ed to state t at the requ ired landsca i ns and sirdewal ks are to be inst on son ' with ated e. The Ash be ified o reflect his c an ~e: iii. Co_ ndition 1.1.1.Q be mod' to stat that the nnlicant is to comply with th e avnre atiom standards as ou tli ed in th e tall repo . as we 1 an y add'tional s±,,nla*ds esta .lishs~ with t he Ten Mile Interc Ir e ~pecifio Are a Plan~,'he DA should a ~ be modified to reflect 's chance: iv. t a esi yid Sta the A t included in the prono~d DDe velopment A Bement: v. ~t th ear elevations of the hom visible fro m nubli~stree ts and open spa ces also be to ar vi. T t the Applicant addles „an east-west collector con~in~e wi th the - t collector ~c rlan Canyon Avenue) t be at sout heast comer of the subiect property. with s ubmit or ' at. 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06-061 and PP-06-062 as presented in the staff report for the hearing date of June 19, 2007, with the following modifications to the conditions of approval: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-06- 061and PP-06-062, as presented during the hearing on June 19, 2007: (state specific reasons for denial of the annexation and preliminary plat requests) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Numbers AZ-06- 061 and PP-06-062 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for a continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 3935 West Franklin Road & 280 South Black Cat Road Section 15, Township 3 North, Range 1 West b. Owner: Dyver Development, LLC 1977 East Overland Road Baraya Subdivision -- AZ-06-061/PP-06-062 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Meridian, ID 83642 c. Applicant: RMR Consulting, Inc. 2127 South Alaska Way Meridian, ID 83642 d. Representatives: Matt Schultz, RMR Consulting, Inc., & Kent Brown, Bailey Engineers e. Present Zoning: RUT (Ada County) f Present Comprehensive Plan Designation: Per the 2002 Comprehensive Future Land Use Map, the present designation is Mixed Use Regional and Medium Density Residential (plus amulti-use pathway and a regional park in the vicinity). g. Proposed Comprehensive Plan Designation /Ten Mile Interchange Specific Area Plan: The Ten Mile Interchange Specifrc Area Plan, a document that details land use and transportation plans for the Ten Mile area, proposes future land uses on this site to be: Civic / School Site, Green Space and Parkland, Medium Density Residential, Medium High Density Residential, and High Density Residential. Please see Exhibits A-S and A-6 for the proposed Ten Mile Interchange Specific Area Plan Land Use Map. h. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): January 12, 2007 2. Date of landscape plan (attached in Exhibit A): January 22, 2007 3,~ Proposed Elevations (attached 'n F i it A) i. Applicant's Statement/Justification: The proposed annexation and preliminary plat applications for the Baraya Subdivision carefully considers all aspects of the Meridian Zoning Ordinance, Ten Mile Interchange Specific Area Plan, site location, surrounding neighbors, and the housing market in Meridian. Baraya is a quality residential development that complies with the Unified Development Code and with the intent of the current and future Comprehensive Plans for the area. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 18, 2006, January 1, 2007, February 12, 2007, & February 26, 2007 (P & Z Commission) Mazch 12.2007. & March 26, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: December 8, 2006, & February 2, 2007 (P & Z Commission) March 9, 2007 (City Council) Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 e. Applicant posted notice on site by: February 19, 2007 March 24.2007 (City Councill 6. LAND USE a. Existing Land Use(s): Primarily agriculture; two existing single-family homes with outbuildings b. Description of Character of Surrounding Area: Agricultural /Rural; rapidly urbanizing c. Adjacent Land Use and Zoning: 1. North: Silver Oaks Subdivision, developing with multi-family and a daycare, zoned R-15 & L- O; Residential & Agriculture, zoned RUT and Rl (Ada County) 2. East: Agricultural/Residential, zoned RUT (Ada County) 3. South: Agricultural, zoned RUT (Ada County) 4. West: Agricultural, zoned RUT and Rl (Ada County) d. History of Previous Actions: In late 2005, the Applicant submitted annexation and zoning, and preliminary plat applications for this site. That project was called Bryce Canyon Subdivision. Bryce Canyon included a request for an R-8 zone for 49.27 acres of the site and a TN-R (Traditional Neighborhood -Residential) for 46.30 acres of the site. The preliminary plat proposed 475 single-family residential lots and 62 common and other lots. The applications were withdrawn by the Applicant shortly thereafter. On May 18, 2006, the Applicant again submitted annexation and zoning, and preliminary plat applications for this site. This time the project was called Baraya. The applications for Baraya, AZ- 06-025 and PP-06-024, proposed 406 single-family residential lots, 1 office lot, and 23 common lots within the R-8 and L-O zoning designations. Said applications were brought before the Planning & Zoning Commission on June 15, 2006. At that time, the Commission recommended approval of the project. However, on July 18, 2006, the City Council voted to deny Baraya. Council's basis for denial fell primarily upon the lack of conformance of the proposal with the anticipated outcome of the Ten Mile Area Specific Plan. The Applicant requested reconsideration of City Council's decision to allow for redesign of the project. The Council subsequently remanded the proposal back to the Planning & Zoning Commission. On January 4, 2007, the Meridian Planning & Zoning Commission heazd the subject applications, AZ-06-061 and PP-06-062. Planning Staff recommended denial of the project as Staff believed this revision, too, was inconsistent with the Ten Mile Interchange Specific Area Plan. At the hearing, the Applicant requested a continuance to meet with Planning Staff and allow for redesign of the project to apply the Ten Mile standazds. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: The Black Cat Trunk is currently under construction through this site. Location of water: There is currently water in Franklin Road. Issues or concerns: The location of the seepage beds near the alley loaded product will render the zone allowed 10-foot street side setback to the living area to be 20-foot due to DEQ requirements of 20-feet of separation behveen building foundations and seepage beds. Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 2. Vegetation: Primarily agriculture 3. Flood plain: N/A 4. Canals/Ditches Irrigation: The Purdam Drain, Marvin Canal, and Kennedy Lateral cross or lie adjacent to this site 5. Hazards: N/A 6. Proposed Zoning: R 8, R-15, and R-40 7. Size of Property: 95.57 acres 8. Description of Use: 334 single-family residential dwellings, 2 multi-family lots, and 1 school lot f. Subdivision Plat Information: 1. Residential Lots: 336 (includes two R-40, multi-family lots, to be developed in the future) 2. Non-residential Lots: 1 (elementary school site) 3. Total Building Lots: 337 4. Common Lots: 30 5. Other Lots: 0 6. Total Lots: 367 7. Density Gross Density (d.u./acre) Net Density (d.u./acre) Net-Nct Density (d.u./acre) R-8 4.47 5.72 737 R-15 5.65 7.9 10.48 R-8 + R-15 5.16 6.97 9.12 R-40 20 20 ---- NOTE: The densities for the R-40 district are only estimates, as no development is proposed at this time. R-15 values exclude the 14.98-acre school parcel. Applicable Definitions: • Gross density is the term which describes in a residential development, the total number of dwellings divided by the total number of acres in a project site including those portions of the site which are used for ancillary uses such as streets, schools, parks, and similar facilities. • Net density is the term which describes (in a residential development), the number of dwelling units divided by the acres of land set aside for only those residences, excluding ancillary uses such as major streets (normally major thoroughfares and arterials), schools, parks, and similar facilities. • Net-Net density is a variation on net density which subtracts from the calculation the area devoted to local streets in addition to major streets. g. Landscaping: 1. Width of street buffer(s): 25 feet along Franklin Road, 25 feet adjacent to Black Cat Road, and Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 20 feet along South Glen Canyon Avenue. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as usable open space: 16% (13.01 acres) 4. Other landscaping standards: Landscaping within parkways should comply with UDC 11-3B- 7C. To qualify as open space, parkways shall be a minimum of eight feet (8') in width, measured from back-of--curb to edge-of-sidewalk and shall contain trees (UDC 11-3G-3B-5). Landscaping adjacent to micropathways should comply with UDC 11-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3-E2). h. Amenities: The Applicant proposes several amenities to meet the common opera space requirements of UDC 11-3G-3B. These include amulti-use pathway; parkways; a 20-foot landscaping buffer along South Glen Canyon Avenue, a residential collector street; and two community park areas that include a pool with changing roams and tot-lots. i. Proposed and Required Non-Residential Setbacks: The applicant is not requesting any deviations from the required dimensional standards of the R-8, R-15, and R~0 zones. j. Off-Street Parking: UDC Table 11-3C-2 requires a two car garage and a 20' by 20' parking pad for all single-family dwelling units. k. Summary of Proposed Streets and/or Access: Access to this site is proposed from three public streets that connect to Black Cat Road (1) and Franklin Road (2). A residential collector roadway, South Glen Canyon Avenue, is proposed to intersect Franklin Road near the east boundary of the property and divides the property, east-west, along the proposed zoning designations of R-15 and R-40. S. Glen Canyon Avenue aligns with the public street approved in Silver Oaks Subdivision / Umbria Subdivisian to the north. South Fritts Way, a local street, is also designed to intersect with Franklin Road and provides additional access to this property. Capital Reef Drive is a proposed public street that intersects Black Cat Road. This public street will also serve as the primary access to the future school site. There are several different street sections proposed within this development. Two public alleys are proposed to access the rear-loaded residential products. Internal streets are proposed to have either attached sidewalks or detached sidewalks. Stub streets are proposed to the properties to the south, east, and west. Staff is generally supportive of the proposed street system and access for this development. For a detailed report on the public streets and access points, please see the comments provided by the Ada County Highway District in Exhibit B. 7. AGENCY COMMENTS MEETING On February 9, 2007, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present included: Meridian Fire Department, Meridian 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. S. COMPREHENSIVE PLAN POLICIES AND GOALS a. 2002 COMPREHENSIVE PLAN LAND USES (Current) Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE l9, 2007 The subject site is currently designated "Medium Density Residential" and "Mixed Use -Regional" on the Meridian Comprehensive Plan Future Land Use Map. Approximately half of the subject site is designated for each land use; the western 3/0 of the site, "Medium Density Residential," and the eastern %, "Mixed Use -Regional." In Chapter VII of the Comprehensive Plan, "Medium Density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. As the proposed overall net density for the R-8 and R-15 zones (6.97 d.u./acre) is within minimum target density of 3 to 8 d.u./acre for Medium Density Residential, Staff believes that the portion of the plat which falls within the area designated as "Medium Density Residential" conforms to the Comprehensive Plan stated purpose and intent for this designation. In Chapter VII of the Comprehensive Plan, the "Mixed Use -Regional" (MU-R) designation is defined, in part, as an azea. that is situated in highly visible or transitioning parts of the City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the squaze footage of non-residential uses and is intended to allow a broad range of uses. Within this land use designation, the proposal supplies residential lots ranging in size from 3,500 square feet to over 8,600 square feet and a 10.25-acre area that is being set aside for future multi-family units. b. TEN MII.E INTERCHANGE SPECIFIC AREA PLAN (Pending) September 28, 2006, marked the culmination of a week-long effort, known as the Ten Mile Interchange Specific Area Plan Charette. Design experts, planners, and the general public, met in a series of intense workshops, to craft development concepts and future land uses for the Ten Mile area. Meridian City Staff have already submitted a Comprehensive Plan Amendment which proposes to amend the 2002 Future Land Use Map to reflect those land uses agreed upon at the Charette. These changes will have a significant impact on development of the subject site. Staff has attached the draft Land Use Map created during this process. Please see Exhibit A-S for Land Use Map. Four categories of residential land uses were established through the Ten Mile Charette process: Low Density Residential, Medium Density Residential, Medium High-Density Residential, and High Density Residential. The subject property falls within three of the aforementioned categories. Below is a brief description of these residential categories. Medium Density Residential: Medium Density Residential areas are characterized by relatively low densities and a predominance of single-family and two-unit housing types. Smaller two, three and four unit apartment buildings may be compatible in a Medium Density Residential area; large apartment buildings or apartment complexes are not. In general, Medium Density Residential areas should be protected from encroachments of higher density or higher intensity uses. Medium Density Residential areas should include a mix of houstng types that achieve an overall average target density of 6 dwelling units per gross acre. Generally, densities should range from 3- 8units per acre. Most developments within the area should fall within this range, although small areas of slightly higher density may exist. Higher density housing types within Medium-Density Residential areas generally should be located nearer mixed use or other more intensively developed areas, with a transition to smaller buildings, such as duplexes and single-family detached houses, as the distance from the more intensively developed azea increases. Medium High-Density Residential: Medium High-Density Residential azeas are locations recommended primarily for relatively dense multi-family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. Medium High Density Residential areas should include a mix of housing types that achieve an overall average density target of l2 dwelling units per gross acre. Generally, densities should range from 8-IS units per acre. Most developments within these azeas should fall within or below Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 this range, although small azeas of higher or lower density residential development maybe included. Within "Medium High-Density" areas, the largest-scale, highest-density housing should be located closest to higher intensity uses, commercial or other type of activity center, with a transition to smaller-scale and lower density buildings as the distance from the higher intensity use or center increases. High Density Residential: High Density Residential areas are multiple-family housing areas where larger and taller apartment buildings are the predominant recommended building type. High Density Residential areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre. Most developments within the High Density Residential areas should fall within or below this range, although smaller areas of higher or lower density may be included. Residential densities can be concentrated in multistory projects with up to 50 dwelling units per acre allowed. a COMPREHENSIVE PLAN POLICIES Staff finds the following 2002 Comprehensive Plan text policies to be applicable (Staff analysis is in italics below policy): • Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: • Sanitary sewer and water service will be extended to the project at the developer's expense. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, which currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). • The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACRD). This service will not change. • The subject lands are currently serviced by the Meridian School District #2. This service will not change. • The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Restrict curb cuts and access points on collectors and arterial' streets." (Chapter VII, Goal 1V, Objective D, Action 2) In accordance with this Goal and Action Item, the Applicant has designed the plat so that only three access points, all public streets, intersect the adjacent arterial streets. Staff is supportive of the proposed access to the adjacent arterials and proposed collector. + "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Goal I, Objective B) Sta~`'finds that the site is designated for MAR and Medium Density Residential on the 2002 Comprehensive Plan Future Land Use Map. Staff believes that Baraya Subdivision generally conforms to applicable Comprehensive Plan policies for the current land use designation. However, Staff recommends that the Commission and Council determine whether the subject application provides the appropriate mix of uses as called for under a "Mixed Use -Regional " under the current land use designation. NOTE: The proposed Ten Mile Area CPA does not propose any commercial or retail areas on this property. • "Encourage appropriate land uses along transportation corridors." (Chapter VII, Goal N, Objective D) Because there will be a new interchange at Ten Mile Road, and a potential transit station is anticipated at the intersection of Ten Mile Road and the railroad tracks (just north of this site), Staff believes that the densities /higher intense residential uses of the site, as proposed, are appropriate, particularly east of the Purdam Drain and on the south side of the property. • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, bernis, etc.)." (Chapter VII, Goal IV, Objective D, Action 4) In accordance with the UDC, the Applicant is proposing to construct a 2S foot wide landscape buffer with perimeter fencing along Franklin Road. A 25 foot landscaping buffer is also proposed along Black Cat Road; however, no fencing is proposed. 7'he Applicant is also proposing to construct a 20-foot wide landscape buffer along South Glen Canyon Avenue, a proposed residential collector road Staff is supportive of these landscape buffer widths, as long as the buffers lie outside of the right- of-way and are constructed in accordance with UDC policies. • "Consider `Accommodating Bicycle and Pedestrian Travel: A Recommended Approach' from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, Action 3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Combined with the sidewalks, the additional rights of way for Franklin Road and Black Cat Road should be large enough to accommodate future pedestrian and bicycle movements along the arterial roads. Further, the proposed sidewalks, micropathways, and multi-use pathways encourage bath bicycle and pedestrian travel to and through this development. • "Protect existing residential properties from incompatible land use development on adjacent pazcels." (Chapter VII, Goal N, Objective C, Action 1) Per the 2002 Comprehensive Plan Future Land Use Map, the properties which are north of the subject site are planned for High Density Residential and Industrial uses, east and south of the site for continuations of the Mixed Use Regional designation; and west and south of the site are continuations of the Medium Density Residential uses. Staff believes that this project does propose land uses that are generally compatible with the existing uses in the area. The Ten Mile Interchange Specific Area Plan designates the adjacent land uses to be residential In nature and varying in intensity. Therefore, Staff believes that the project does propose land uses that are compatible with that proposed in the Ten Mile Interchange Specific Area Plan. "Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of Bazaya Subdivision - AZ-O6-061/PP-06-062 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 providing the City with a range of affordable housing opportunities." (Chapter VII, Goal 1V, Objective C, Action 10) As noted above, this project generally complies with the current residential categories anticipated for this property. Additionally, Staff believes that the subject proposal provides the variety of residential uses called for in the proposed Ten Mile Interchange Specific Area Plan. "On-street bikeways should be incorporated on all future collector streets." (Chapter VI, Figure VI-S) Figure YI-S on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. Therefore, the Applicant should be required to provide a bikeway along South Glen Canyon Avenue. d. COMPREHENSIVE PLAN SUMMARY The Applicant has submitted a preliminary plat which Staff believes is generally compatible with the goals and policies of the existing Comprehensive Plan. Staff believes that the portion of the plat which falls within the area designated as "Mixed Use -Regional" generally conforms to the Comprehensive Plan stated purpose and intent for this designation The Applicant proposes to set aside approximately 14.98 acres for an elementary school site, 13.01 acres for high-density residential uses, and the remaining property, 62.87 acres for single family detached and attached residences. This is the first application to be submitted and reviewed under the draft Ten Mile Interchange Specific Area Plan. Staff believes that the first application in the Ten Mile Interchange Specific Area Plan should closely conform to the development plan for the Area, thus setting the tone for development azound the interchange. NOTE: South Ridge Subdivision, located south of the Interstate, was recently approved by the City Council. The Applicant for South Ridge was also held to the proposed Ten Mile Interchange Specific Area Plan standards. Staff proposed, under the previous annexation, zoning, and preliminary plat applications for Baraya, that the Applicant wait on the adoption of the Ten Mile Plan and then design a development that was consistent with the Ten Mile Plan. The Applicant elected to redesign the project and submit new/revised applications. Staff believes that the subject preliminary plat is now consistent with the Ten Mile Interchange Specific Area Plan and the essting land nse designations shown on the Future Land Use Map. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC Table 11-2A-2 lists Single Family Residential (attached and detached) as permitted uses in the R-8 and R-15 zoning districts. UDC Table 11-2A-2 lists multifamily developments as conditionally permitted uses in the R-40 zoning district. b. Purpose Statement of Zane: 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. 10. ANALYSIS a. Analysts of Facts Leading to Staff Recommendation Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF .TUNE ] 9, 2007 ANNEXATION & ZONING ANALYSIS: The annexation legal description submitted with the application (stamped on January 17, 2007, by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. The Applicant is proposing to zone the subject property R-8 (Medium Density Residential}, R-15 {Medium High-Density Residential), and R-40 (High Density Residential). The 2002 Future Land Use Map designates this property as "Medium Density Residential" and "Mixed Use -Regional." Staff fords that the requested zoning of R-8, R-15, and R-40 to be generally consistent with said Comprehensive Plan designations. The draft Ten Mile Interchange Specific Area Plan designates this property as "Medium Density Residential," "Medium High-Density Residential," and "High Density Residential." Per the proposed Ten Mile Plan, Medium Density Residential areas should achieve an overall average target density of 6 dwelling units per gross acre. Generally, densities should range from 3 - 8 units per acre. Additionally, Medium High Density Residential azeas should achieve an overall average density tazget of 12 dwelling units per gross acre. In general, densities should range from 8 - 15 units per acre. Staff finds that the requested zoning of R-8, R-15, and R-40 and net densities for the proposed subdivision of 5.72, 7.90, and 20 dwelling units per acre, respectively, to be consistent with the Ten Mile Interchange Specific Area Plan. A Development Agreement (DA) will be required as part of annexation of this property. Prior to annexation approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney, Bill Nary, at SSS-4433 to initiate this process. The DA shall include, at minimum, the following: • 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 welfaze by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. • The Applicant will be responsible for all costs associated with the sewer and water service extension. • Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. • Each final plat shall substantially comply with the approved preliminary plat such that a minimum of 3~ 344 single family dwellings are constructed on the R-8 and R-15 portions of the site. No more than fifty (50) dwellings may be constructed until a secondary access is provided to the subject development. • The Applicant shall provide a malti-family development within the R-40 zoning district which meets or exceeds a residential density of 16 d.u.'s/aere. • Development of the multi-family portion shall be subject to the Conditional Use Permit SCUP) process. If the Ten Mile Specific Area d sign guidelines are in force at the time of development. then development of the multi-family aortion shall be consistent with said guidelines. Otherwi~ the owner / develo er shall provide city-approved design sidelines for said multi-family portion at the time of procurement of a CUP. Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fi0R THE HEARING DATE OF JUNE 19, 2007 . The Applicant is to comply with the annmved evations and design andardc a. outlined in he staff repo _ a. we ~ ditional _ ds established with the Ten Mile Irate ha _~e Specific urea Plan e rear elevations of the homes visi~,~ from public streets and oven spaces c_hall alcn_ h_e_ subiect to the azchitectural standards established for Barava The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads corresy~ndirL_with p asin,g, prior to occupancy of dwelling units. The Baraya Design Standards are as follows: - Provide a variety of housing types. - Provide variety in design and avoid monotony. Modulate fagades on multi-unit buildings. Incorporate prominent fascia and overhangs. Vary structure types and elevations. - Construct products with quality exteriors to include natural appearing materials and architectural detailing including, but not limited to, stucco, stone, and brick. - Use architectural elements to define entries. Windows should be designed to create shadows and give depth (recessed or protruding). Use trim, sills, and easings. - Incorporate usable front porches where they can be integrated with design. - De-emphasize garages. Provide alley- or side-load products. Design pazking to be in the rear with products fronting landscaping areas and streets. - Provide for pedestrian connectivity. - Develop guidelines for the future owners of the multi-family property. - wellings shall be provided with eaves w ich project not 1~S,s._.lh~twsslve (121 inches beY4nd the side of the exterior wall. - 1 dwellings shall be a minimum of 1 100 square feet of Livable area excluding the gaza a azea. - ,fix ast seventy-five (7S) percent of the second story of twostorv dwellings shall be set back a minimum of three (31 feet (from the wall plane) or set forward a minimum f two (21 feet (from the wall,plane),~~ositioned over the gaza e• or two-story wellings_shal include architectural features such as. but not imit~d to. roof lines. belly bands. pop-outs. cantilevers material vasjations and l or color variations ~~ie full width of the gazase to break_ Lhe plane of the lower and u~~er levels. - Elevations of dwellings shall incorporate varied wa~l,~lanes or roof forms prontinen fascia nd ov apes nd ain en Ties sh 11 be defined bv, i~fpora ine ~ itecttiral elements such as roof gables. do~ners_ vestibules,;~~ighti~g. etc. - Elevations of dwel inQS. includin¢ the gee. shall include natural appear~n_g gua i materials and distinctive architectural detailing including. but not limited to cco. tone. or brick on the side oriented to the street. - The site design shall de-emphasis garages. As such. at least 64 dwe ings. or 19%~_ f e lots shall access.g„az ges from public alleys. with the nrimarv_ front entrance from the public street. as shown on the approve preliminary plat. D lines ll include arc 'tectural elements to define entries windows should be designed to create shadows give death be either recessing or protruding. Use ' ls. easings. mullions. s utters. nopouts. and/or other azcl~itectural details apund windows. entrance doors,~~li ic~g~glass doors. and QaraQe doors. - Fach dwelling shall have a u le covered front porch. balcony and/or courtyard. ecessed entries hall have extended porches covered end and/or courtyards east the front_plane of the hour, Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 19, 2007 1'rgyi~e variet; i_n desi~ and avoid rnonotonv by ruin structure tunes an elevations. • Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a good location for the proposed single-family development. Please see Comprehensive Plan Policies and Goals, Section 8 and Exhibit D for more details and analysis of the required facts and findings for annexation. PRELI~VIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the draft Ten Mile Interchange Specific Area Plan and the Unified Development Code, Staff believes that this is a good location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Access: Access to this site will be provided from both Franklin Road and Black Cat Road. Except for the proposed and approved public streets that interest Franklin Road and Black Cat Road, direct lot access to Black Cat Road and Franklin Road should be prohibited. The Applicant should place a note indicating the access restrictions on the final plat. S. Glen Canyon Avenue: The existing and proposed Comprehensive Plan Map for the area calls for a collector at approximately the '/~-mile mark between Black Cat Road and Ten Mile Road on Franklin Road. The Applicant is proposing to construct S. Glen Canyon Avenue as a north-south residential collector street. This public, residential collector is located closer to the % mile than the %Z mile. However, Staff believes that it will still function as envisioned within the Comprehensive Plan by providing for more efficient traffic movement from neighborhoods to the arterial system. The proposed collector also complies with the transportation plan as developed during the Ten Mile Charette. The Applicant proposes constructing a split street section with landscaping islands within 84 feet of right-of--way which will run the full length of S. Glen Canyon Avenue. Staff is supportive of the design and location of Glen Canyon Avenue. Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. Therefore, the Applicant should be required to provide a bikeway along South Glen Canyon Avenue. Unimproved Right-of-Way: UDC 11-3B-7C-5 requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-0f--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. Franklin and Black Cat Roads abutting this site meet the warrants for the 10-foot wide gravel shoulder requirement listed above. Therefore, the Applicant should construct a 10-foot wide gravel shoulder on Black Cat and Franklin Roads, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. Design Guidelines: At the public hearing for Baraya Subdivision on January 4, 2007, Staff encouraged the Applicant to provide residential product types which meet design standards applicable to the Ten Mile Interchange Specific Area Plan, and also provide Staff with sample elevations. On January 11, 2007, Planning Staff supplied the Applicant with a summarized listing of $araya Subdivision - AZ-06-061/PP-06-062 PAGE 15 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNG 19, 2007 said standards. The Applicant has stated the renderings of housing products will be available to Staff and the Commission at the time of the hearing. The standards are as follows: • Provide a variety of housing types. • Provide variety in design and avoid monotony. Modulate fagades on multi-unit buildings. Incorporate prominent fascia and overhangs. Vary structure types and elevations. • Construct products with quality exteriors to include natural appearing materials and architectural detailing including. but not limited to, stucco, stone, and brick. • Use architectural elements to define entries. Windows should be designed to create shadows and give depth (recessed or protruding). Use trim, sills, and easings. • Incorporate usable front porches where they can be integrated with design. • De-emphasize garages. Provide alley- or side-load products. Design pazking to be in the rear with products fronting landscaping areas and streets. • Provide for pedestrian connectivity. • Develop guidelines for the future owners of the multi-family property. Because the Applicant has not provided Staff with sample elevations as of print deadline of this report, Planning Staff recommends that the Commission and Council rely on the public testimony and exhibits that may be provided at the public hearing when determining if the Applicant's proposal meets the aforementioned design standards. All exhibits provided at the public hearing will be considered part of the Development Agreement, if approved. The Applicant shall comply with these elevations and aforementioned design standards until such time that the Ten Mile Interchange Specific Area Plan design guidelines and/or standards are adopted by Council. Once adopted by Council, all construction within Baraya shall be consistent with the Ten Mile Interchange Specific Area Plan design standazds and/or guidelines. Common Driveways: Two common driveways, one currently proposed by the Applicant and one required by Staff in this report, will be constructed within this development. Because they do not have enough frontage for individual driveways, Lots 62 & 63, Block 6 and Lots 64 & 65, Block 6, should take access from common driveways. Currently, Lot 64, Block 6, does not meet the minimum street frontage requirement of 15 feet for a shared driveway and must be adjusted accordingly. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have atwo-car garage and a 20' x 20' parking pad on the lat. The asphalt/concrete for the common driveway should not count towazds the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6C- 3D. Sidewalks: The Applicant is proposing to construct 4-foot wide detached sidewalks with 8-foot wide parkways along W. Sunrise Point Street. S. Glen Canyon Avenue, a collector roadway, will be required to provide S-foot wide sidewalks. All other sidewalks within the development should also be, at minimum, 5 feet in width. Fencing: The Applicant proposes to construct 6-foot tall vinyl fencing around the perimeter of the development. The Applicant also proposcs constructing wrought iron fencing along the micropathways and internal open spaces. The Applicant further proposes constructing chain-link and/or wrought iron fencing along the Purdam Drain. Staff is supportive of the proposed fencing for this development (see comments from the Police Department below). Baraya Subdivision - A~06-061/PP-06-062 PAGE 16 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 UDC 11-3A-7A7 requires the developer to construct fencing adjacent to Inicropathways to distinguish common from private azeas. All fencing adjacent to micropathways and internal common lots should be restricted to either 4-foot tall solid fencing or 6-foot tall open-vision fencing. Open-vision fencing should be installed along the Furdam Drain, as proposed. A detailed fencing plan should be submitted upon application of the ftnal plat. If permanent fencing is not provided prior to issuance of building permits, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and Jnicropathway / multi-use pathway fencing shall be designed according to UDC 11-3A-7. The Meridian Police Department requests that solely open vision fencing be provided on both sides of the proposed pathway at the south property line. Multi-Use Pathway: The Applicant is proposing to construct the multi-use pathway as depicted on the Future Land Use Map along the south and west sides of the Purdam Drain. The Applicant proposes to construct the pathway 10-feet wide. Staff is supportive of the proposal to construct the multi-use pathway. However, as shown on the landscape plan, the pathway does not connect (stub) to the property to the west. Staff recommends that the multi-use pathway be constricted from the southern property line all the way to the western property line, including a pedestrian crossing on S. Fritts Way. UDC 11-3B-12 requires 5-foot wide landscape buffers along pathways. The submitted landscape plan depicts only a couple of feet of sod on both sides of the pathway with no trees proposed. The Applicant should be required to construct a 5-foot wide landscape buffer (including trees) along the south and west side of the multi-use pathway. Micropathways: The Applicant is proposing to construct several Inicropathways within the development. Staff is supportive of the pedestrian connections between the different subdivision blocks and to/from the sidewalks and multi-use pathway. All Inicropaths shall be constructed at least S feet wide, with trees and 5 feet of landscaping on each side of the path (UDC 11-3B-12). Open Space /Amenities: UDC 11-3G-3A-1 requires at least 5% of the total land azea of a single- family development to be set aside for common open space. Further, UDC 11-3G-3A-2 requires one additional site amenity for each additional twenty acres of land azea. The Applicant states that 13.01 acres (16%) is being set aside for useable open space. Further, the Applicant is providing several other amenities including pathways, two community parks, a pool with a changing area, and a couple of tot lots. Staff is supportive of the proposed amenities. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space aze 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. Staff has concerns about the pedestrian access to the park on Lot 1, Block 12. Specifically, pedestrians trying to get to the park from the north will have to cross Snow Canyon Drive. To facilitate pedestrian movement to/from the park area, the Applicant should constrict crosswalks and signage, as allowed by AC13D, at the intersections of West Snow Canyon Drive and South Sunset Point Way and South Sunset Point Court. Landscaping: Staff is generally supportive of the proposed landscape plan prepared by Jensen Belts Associates, dated 1/22/2007. The plan shall demonstrate compliance with the following standards: A 25-foot wide landscaping buffer should be constructed along the entire length of Black Cat Road Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 17 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ]UNE 19, 2007 and Franklin Road, exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with UDC 11-3B-7. All street buffers shall be contained withal commaoxl lots Landscaping within parkways should comply with UDC 11-3B-7C. To qualify as open space, pazkways shall be a minimum of eight feet (8') in width, measured from back-of-curb to edge-of- sidewalk and shall contain trees (UDC 11-3G-3B-5). Landscaping adjacent to the micropathway must comply with UDC standards. Per UDC 11-3A-8, all micropaths shall be a minimum of 5 feet wide with S feet of landscaping on either side of said path. All common azeas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Bazaya Homeowners Association. Tree Mitigation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that aze removed. The Applicant should coordinate a tree protection/mitigadon plan with Ekoy Huff at the Meridian Pazks Department. Ditches, Laterals, and Canals: The Marvin Lateral and the Purdam Drain, along with other smaller facilities, traverse this site. Historically, the City has not required that the Purdam Drain be piped (as it is a natural waterway). Per MCC 12-4-13, all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided should be tiled. Staff recommends that, exclusive of the Purdam Drain, all irrigation ditches, laterals and canals that intersect, cross, or lie adjacent to this site be tiled (UDC 11-3A-6A). Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing 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 shall be required. ff asingle-point connection is utilized, thc developer will be responsible for the payment of assessments for the common azeas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. Existing Residences/Buildings: The site currently contains multiple buildings. Because the existing structures span across proposed lot lines, all buildings shall be removed or relocated, prior to signature of the final plat by the City Engineer. Public Works: The Applicant shall comply with The Department of Environmental Qualities, Best Management Practice of a minimum 20 feet of separation between an infiltration trench /seepage bed and a building foundation. Specifically, the location of the seepage beds near the alley loaded products will render the standard 10-foot street side setback to the living area to be 20 feet. b. Staff Recommendation: Based on the above analysis, Staff finds that applications AZ-06-061 and PP-06-062 generally conform to the Comprehensive Flan policies, the proposed Ten Mile Interchange Specific Area Plan, and UDC standazds. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit S, if the Commission believes the building elevations provided by the Applicant at the public hearing meet the Ten Mile Interchange Specific Area Plan design requirements, as outlined in Section 10 of this Staff Report. The Meridian Planning and Zoni sr Commission heard these items on January 4.2007. and March 1.2007 At the March 1st hearing. the Commission moved to recommend aonr4val to the City Council. Baraya Subdivision - AZ-06-061/PP-06-062 PAGE 18 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 19, 2007 11. E~~ITS A. Drawings 1. Vicinity Map 2 Preliminary Plat (Dated January 12, 2007) 3. Landscape Plan (Dated January 22, 2007) 4. Lot Mixture 5. Draft Ten Mile Interchange Specific Area Plan 6. Draft Ten Mile Interchange Specific Area Plan with Baraya Overlay ~roD sedgy Building, Elevations B. Agency and Departments Conditions/Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services Company 7. Ada County Highway District ~ 8. Central District Health Department 9. Nampa & Meridian Irrigation District C. Legal Descriptions D. Required Findings from Unified Development Code Baraya Subdivision - AZ-06-061 /PP-06-062 PAGE 19 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19 , 2007 2. Preliminary Plat (dated January 12, 200'n -., ~ - ~ o n ~;... { - - ~.~~~ ~lrll 1 j 1 ' i~ J ~ i 11 1 S ! ~ (1 ~l ?~ o a . . ~ •1 ~ ~1 a~ ;;! ~ h • •...-v..~y. ~ ` ~ i ~~~~ ' T T / ,' ~ Ilil ~ ~' ~ • 1 4 ~ jj ~ SliiE}!1fi~rllr ~ it 4!1 ~~ 1 ?~ ~ + ~ °~ • , • . , • ~ ~ Itr~si~ ll„tr r :ills li ~ i i ..... k........ lfy :~ . ... . ' . .. • ~ ~ ~~I I I ~'t II~ • _ _ _ •• •• • ___ 1 1 _ 1 1 1 !1 • ~o••••••••• 11 li~i.l If rl I i ~ :; • ~ t tt 1 e ~ 'A~ I~i~1~111Ei1~~i~~i a ~ ~ `~ ,1 ~ i ~ ~~ •s • ! . o I ~ ! y :~ 4 •~ , ~ ~ • ~ ~ • ~ • ~ . Ir1 • • • i • • • •I R' ~ •• ~~~ ~ R +1 1 ~'1 ! • ( ~ • • • t ~ ~ 1 t - i Y • • I • ~ ~ 1 i ~ 1 ~- ~ , • • ~ • j ~ • •• •••• J ~ .- ~ , • \_~ • ~ ~ la ~ ~ ~ 1 j • • I ' • 1 ~ • -` • • ~\ ,•i • ~ S • • • • I • ~ • 1 ~ I . ` • 1 • • • . • • • ~ ~ ! • • • I • i • . ~ ~ ~ • I ~ ~ ~ ~ _~1 ~w1 • • • • • • ~ • • y ~ ~p II w 111 • ~ y f ~ ' ~~ ~ • • • s • I • • • 1 1 • • I •• • • .S ~~ . ~ i.~ a 1 ~ • • °~ • ~ • I ~ ~ • e, i ~ ~ $~ ! • • • • • ~. ~J ~ ~ ~ ~ !!! ~ ~ r~ . ,11 ~>; ~~ 2:f~1 Y ~ ~ ~ , _, ~~t. ~~ ,~ ~ ': ~J~ ~ % ~ ~ •iiiiiii tl 1lli l '>n ~ ` r 9 ~ ~ d r' j lli ~~.. . ' - y~.l~f J ~ / ~ ~ . ~: f ~ _ !!!1111! e ~ ~ ~ 1~ i 1 5 ' A S ~~ ~~ ~.. i s P r •' i. i, ~ ~ ~~ i ~ ~ 1 1 , .~ ~.... Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 m '~ I .~i ~ w Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 19, 2007 3. Landscape Plan (dated January 22, 2007) ~ ~ , ~ ~~~ f ~ ~ E i~ ~! M Z, ~~ R~ i ~. 'r ..~, ~ ~~ ~ ~ ~ ~ ~, ^ ry,! ~~'~~ 4~ yy • / p ~~ ~~t f # ~ F 4~~ ~~i •i i, St~~~ I~#~! 1l '1 i 1~~~~i~lE~~~Il~~ti ~~ •I ~ fglittpli~t ~~ ~ ~! ~~~ iI ,~~'r i ~o ;~~ ~~~~~ :~ :~~~~~ E ~+ 11 uirw iCL~ti M ;s ~.~#i~e `~~3'sA ~~ ~ ~~ ~ ~ ~ ~~~ ,~ ~ ~ ~~~; tliit~ ~. ~ ~, t ~~ a~~ EI ~t~ i ~ ~~ . ~~ ~~ --- ., ----, . -- r . _..~ i h~ j fir';.. ~ - • 1 '`j ~1 ~ ~ ~~ ~e - ~ ~I` ~~t ~!~ -~~ ~t ~~ ~_ k ~~ . ~ 4 r~ ~ ~~ ~ R ~~+ I ~r~# ~ ~~~~~ ~~ 4 z t 0 Z 0 ai u~ a ~- a aC al Exhibit A CiTX OF MERIDIAN PC.ANNTNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 19, 200'7 4. Lot Mixture rRAN«cuN Raac 0 0 rc r s U Y U 3 TOWNHOMES LOTS ^ ZONE R40 ^ 40' LOTS ^ 50' LOTS ^ 60' LOTS ^ ALLEY LOADED LOTS . COMMON AREA ZONING LINE Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 5. Exhibit A Draft Ten Mile Interchange Specific Area Plan CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 19, 2007 6 Draft Ten Mile Interchange Specific Area Plan with Baraya Overlay ^ aErr~raRr ^° ~c+~ ^ Luc ^ nwr ^ vet Exhibit A CITY OF MERIDIAN PLANNING AEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2009 Proposed Building Flevations Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP JUNE 19, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7TJNE 19, 2007 ;.~.; ''_ New elevation provided by Applicant. Marginally supported by Staff. Living area should be brought forward. Staff Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Not supported by Staff. Exhibit A CITY OF MERii)iAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 Staff supports this product. Good mix of materials - still garage dominated, though. Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 B. Agency and Departments Comments /Conditions of Approval 1. Planning Department 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (dated January 17, 2007, and prepared by D. Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.1.2 Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of permit submittal. 1.1.3 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. 1.1.4 All future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 1.1.5 The Applicant will be responsible for all costs associated with the sewer and water service extension. 1.1.6 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 aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.1.7 Each fmal plat shall substantially comply with the approved preliminary plat such that a minimum of ~ single family dwellings are constructed on the R-8 and R-15 portions of the site. No more than fifty (SO) dwellings may be constructed until a secondary access is provided to the subject development. 1.1.8 The Applicant shall provide amulti-family development within the R-40 zoning district which meets or exceeds a residential density of 16 d.u.'s/acre. 1.1.9 Develo ment of the ulti-famil ortion shall be subject to the Co ditional Use Permit CUP process. If the Ten Mile Specific Area design guidelines are in force at the time of development then development of the multi-family vortion shall be consistent with said guidelines Otherwise, the owner /developer shall provide design t~udelines for said multi family portion at the time of procurement of a CUP 1.1.11 Prior to issuance of any building permit, the subject property shall be subdivided in accordance with the City of Meridian Unified Development Code. 1.1.12 The five-foot sidewalks and 25-foot landscape buffers, constructed in accordance with City Code, shall be installed along Black Cat and Franklin Roads szorresnonding with~l~ related ace, prime to occupancy of dwelling units. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled Sheets PP-1, PP-2, and PP-3, prepared by Bailey Engineering, and dated January 12, 2007, is approved, with the conditions listed herein. The development agreement for this property shall also be considered conditions of the Preliminary Plat (PP-06- 062). 1.2.2 Dedicate and construct all public internal roadways to meet ACHD's road design standards. 1.2.3 Direct lot access to Black Cat Road and Franklin Road shall be prohibited; place a note on the final plat. 1.2.4 All internal roads and cul-de-sacs shall meet the Meridian Fire Department's requirement of 28' inside / 48'outside turning radius and be constructed in accordance with ACHD's requirements. No parking signs shall be installed azound the cul-de-sacs. Modify all applicable roads / cul-de- sacs to reflect this requirement, if necessary. 1.2.5 Provide one stub street to Assessor's Parcel Number S 1215110055 to the east, two stub streets to Assessor's Parcel Number S 1215131760 to the south, one stub street to Assessor's Parcel Number 51215427800 to the south, and one stub street to Assessor's Parcel 51215223100 to the west, as depicted on the preliminary plat. 1.2.6 Construct 10-foot wide gravel shoulders on Black Cat and Franklin Roads, with the remaining portion of the right-of--way being landscaped with lawn or other vegetative groundcover. 1.2.7 The Applicant shall construct crosswalks and signage, as allowed by ACHD, at the intersections of West Snow Canyon Drive and South Sunset Point Way and at the West Snow Canyon Drive and South Sunset Point Court. 1.2.8 Lots 62 & 63, Block 6; and Lots 64 & 65, Block 6, shall take access from common driveways. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. 1.2.9 Street frontage for Lot 64, Block 6, does not currently meet the minimum requirement of 15 feet for a shared driveway; revise the plat accordingly. 1.2.10 Provide a bike lane on S. Glen Canyon Avenue. 1.2.11 The multi-use pathway along the Purdam Drain shall be constructed from the southern property line all the way to the western property line, including a pedestrian crossing on S. Fritts Way. 1.2.12 South Fritts Way shall be renamed to either South Fritts Avenue or South Fritts Road. 1.2.13 Provide 13.01 acres (16% of the site) for useable landscaped open space, as proposed. 1.2.14 The landscape plan prepared by Jensen Belts Associates, dated January 22, 2007, is approved with the following modifications /notes: A 25-foot wide landscaping buffer should be constructed along the entire length of Black Cat Road and Franklin Road, exclusive of ACHD right-of--way. Said buffer should be constructed in accordance with UDC 11-3B-7. All street buffers shall be contained within common lots. Per UDC 11-3G-3B5 all parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk AND contain one Class II tree for every 351ineaz feet of parkway. Pazkway areas without trees shall not count towards the open space requirement. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 • Per UDC 11-3G-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. • The UDC requires, at minimum, 5-foot wide landscaping strips on both sides of all micropathways and on one side of multi-use pathways. Additionally, trees should be planted along all paths at a rate of 1 tree per ever 35 linear feet. • The Applicant shall provide open vision fencing only along [both sides ot] the proposed pathway at the south property line. • Excepting the aforementioned requirement, all fencing constructed on site shall be in accordance with that depicted on the landscape plan. • Per UDC 11-3A-7A-7b, all fencing adjacent to micropathways and common areas shall be either four feet (4') in height, if closed vision, or six feet (6') tall if open vision fencing is used. Modify the applicable areas within the landscape plan to reflect this requirement. • All 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. • 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. • The Meridian Planning Department requires a written certificate of completion to 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. 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 modifcations as proposed by Staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). 1.2.15 All buildings shall be removed or relocated prior to signature of the final plat by the City Engineer. 1.2.16 Maintenance of all common areas shall be the responsibility of the Baraya Subdivision Homeowners Association. 1 1 17 The Applicant shall provide an east west collector ~nnnerr;n~s with the north south collector (S len Canyon Avenl~el to b at o ~theast corner of the subject property wi h Sl.Ihrlittal for the associat 1 Final Plate 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Black Cat and Franklin Roads pursuant to UDC 11-3A-17. 1.3.2 All lot lines common to a public right-of--way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Exhibit B CITY OF MERIDIAN PLANI~iING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 1.3.5 A detailed landscape plan, in compliance with the landscape and subdivision ordinance, and as noted in this report, shall be submitted for the subdivision with the final plat application. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.6 The Applicant shall submit a fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of--way. All fencing should be installed in accordance with UDC 11-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.8 Staffs failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Franklin Road, and lateral mains off of the Black Cat Trunk which is being currently installed on this site. The Applicant shall install mains to and through this development; Applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 No manholes or water valves shall be allowed within the proposed landscape islands.l`f mains are routed under them they shall be sleeved per City of Meridian Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Franklin Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The Applicant shall be required to install a pressure reducing vault in a location coordinated with. the Public Works Department. The location shall be generally west of the western most connection to W. Franklin Road. 2.5 The Applicant shall be responsible to install a flushing station in a location coordinated with the Public Works Department (it should be near the Purdam Drain). All applicable permits with the receiving body for this facility shall be acquired by the Public Works Department. 2.6 The Applicant shall be required to extend a 12-inch water main down Glen Canyon Avenue as part of the City of Meridian's to and through policy. 2.7 The Applicant shall be required to install 12-inch water main down S. Black Cat Road as depicted on the preliminary plat. This is needed to ensure adequate fire flows for this development. 2.8 Per Meridian City Code 9-4-8, the Applicant shall be responsible to install sewer main in W. Capitol Reef Drive. 2.9 Per Meridian City Code 9-1-26, the Applicant shall install water main in W. Capitol Reef Drive, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 and W. Snow Canyon Drive. 2.10 Plat note #2 states that a 4-foot wide Public Utilities, Drainage and Irrigation easement will be dedicated along interior lot lines. This shall be changed to 5-feet. 2.11 With the final plat, the Applicant shall dedicate a 5-foot wide Public Utilities, Drainage and Irrigation easement along interior lot lines not being spanned by an attached unit. 2.12 The Applicant shall comply with The Department of Environmental Qualities, Best Management Practice of a minimum 20 feet of separation between an infiltration trench and a building foundation. 2.13 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.14 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.15 The Applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be submitted prior to scheduling of apre-construction meeting. 2.16 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, asingle-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. 2.17 All existing structures spanning lot lines or not meeting dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.18 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.19 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- damestic purposes such as landscape irrigation. 2.20 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 lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.21 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.22 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amervities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the fixlal plat. 2.23 All development improvements, including but not limited to sewer, fencing, micropaths, Exhibit B CtTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.24 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.25 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. 2.26 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.27 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.28 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.29 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. 2.30 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. 2.31 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25 feet, height for 250 watt fixtures is 30-feet. 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 3.1 SITE SPECIFIC COMMENTS 3.1.1 The pathway proposed along the south property boundary shall accommodate the Fire Department's load bearing requirements. 3.1.2 This project will require a 20' wide swing or rolling emergency access gate at the entrance to the ditch access road. Said access gate shall be located a distance of 30 feet from Franklin Road. The gate shall be equipped with a Knoxbox Padlock which shall be ordered thra the Meridian Fire Department. 3.1.3 No parking shall be allowed on either side of S. Glen Canyon Avenue. 3.1.4 No parking shall be allowed around or near the proposed roundabout. 3.1.5 No parking shall be allowed on either-side of S. Fritts Way from Franklin Road to W. Sunrise Point Street. 3.1.6 No parking shall be allowed along the alleys. All parking shall be restricted to garages or on the required parking pads. Sign and stripe accordingly to indicate the alleys are considered fire lanes. 3.2 GENERAL COMMENTS Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 3.2.1 One and two family dwellings not exceeding 3,600 square feet 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. International Fire Code Appendix C. 3.2.2 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. 3.2.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire 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 1 S" 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. 3.2.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. phasing of the project may required a temporary approved turnaround on streets greater than 150' in length with no outlet. 3.2.5 All entrance, internal roads, and alleys shall have a turning radius of 28 feet inside and 48 feet outside. 3.2.6 All common driveways shall be straight or have a turning radius of 28 feet inside and 48 feet outside, shall have a clear driving surface which is 20 feet wide, and be capable of supporting an imposed load of 75,000 GVW. 3.2.7 For all Fire Lanes provide signage "No Parking Fire Lane." 3.2.8 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.2.9 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than % the diagonal measurement of the full development. 3.2.10 Building setbacks shall be per the International Building Code for one and two story construction. 3.2.11 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a cleaz driving surface. Streets with less than a Z9' street width shall have no parldng. Streets with less than 33' shall have parking only on one 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. 3.2.12 The attached residential units within the proposed development will require afire-flow consistent with the International Fire Code to service said units. Fire hydrants shall be placed per Appendix D. 3.2.13 The proposed 334 building lots within the R-15 zoning designation, with an estimated 2.9 residents per household, would have a total estimated population of 969 residents at build out. The number of residents at build out is unknown at this time for the two proposed multifamily lots. 3.2.14 The Meridian Fire Department requests that any future signalization installed as the result of the development of this project be equipped with Opticom 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF TUNE 19, 2p07 3.2.15 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.2.16 A portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.2.17 The entrance to the alleys from the public streets shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside honing radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum rear setback for alley accessed properties shall be 20 feet to the garage if the alley width is 16 feet or 18 feet to the garage if the alley width is 20 feet. 4. Police Department 4.1 The proposed development /plat does not offer natural surveillance opportunities of the public areas, including the tot lot. Prior to the next public hearing, the Applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. If necessary, the site plan and/or landscaping plan shall be revised in accord with said discussion. 4.2 The proposed plat and/or site design encourages high-speed, cut-through traffic, especially along Snow Canyon Drive, S. Iceberg Lake Way, and S. Sunset Point Way. The Applicant shall provide 4-way stops at the intersections of W. Snow Canyon Drive and S. Iceberg Lake Way, W. Snow Canyon Drive and S. Echo Canyon Avenue, and W. Snow Canyon Drive and S. Riggs Spring Avenue. The Applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on the internal. 4.3 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.4 The Applicant shall supply only open vision fencing along both sides of the pathway at the south property line. 4.5 Provide adequate lighting adjacent to pathways, within parks, and within parking lots. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathways and/or trails shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 The 10-foot wide regional pathway shall be constructed to intersect with Franklin Road. 5.4 The parkways shall comply with the City of Meridian's Unified Development Code. Exhibit B C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 6. Sanitary Services Company 6.1 SSC will not provide trash pick-up services for properties utilizing common driveways. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.2 Trash collection for all residences need to be from a local street, not from a collector or arterial. 6.3 Provide a minimum 28' inside and 48' outside radius for all alleys, where they intersect a public street. 6.4 The Applicant shall provide a 35-foot concrete apron at all entrances to alleys. 7. Ada County Highway District {$l~} 7.1 SITE SPECIFIC REQT.,JIREMENTS 7.1.1 Construct a S-foot detached sidewalk a minimum of 41 feet from the cente_rli_ne of Franklin Road abutting the site. Provide an easement for any segment of the sidewalk located outside of the right-of--way. 7.1.2 Construct separate left-turn bays, right-turn lanes and ri t-turn taQers for both site approaches on Franklin Road. 7 1 3 Dedicate a total of 48 feet of right-of-wan from the centerline of Black Cat Road abutting the site Construct a 5-foot detached sidewalk a minimum of 41 feet from the centerline of Black Cat Road. Provide an easement for segment of the sidewalk located outside of the right-of-waY 7.1.4 Construct a separate left-turn bad t-turn taper on Black Cat Road at the site approach. 7.1.5 Construct S. Glen Cannon Avenue as a 46-foot street section with vertical curb gutter and 5-foot detached (or 7-foot attached) concrete sidewalk within 70 feet of right-of wax 7.1.6 Remove the proposed center landscape island on S Glen Cannon Avenue near its intersection with Franklin Road. 7.1.7 Provide the District with a road trust for one-half the cost of the s,~nal at the intersection of Franklin Road and S. Glen Canyon Avenue. 7.1.8 Remove the proposed center landscape island on S. Glen Cannon Avenue near its intersection with Franklin Road. 7.1.9 Provide a 21-foot street section on both sides of the center landscape islands on S. Glen Can,+~ Avenue. _7.1.10 Construct the first 200 feet of S. Fritts Wav with a 21-foot street section on both sides of the center landscape island. Construct the rest of S. Fritts Way as a 36-foot street section with curb, gutter. and S-foot attached concrete sidewalk. as proposed. 7.1.11 Construct Sunrise Point Court as a 36-foot street section with curb, gutter. and 5-foot concrete sidewalk within 50 feet of ri t-of--way. 7.1.12 Construct W. Snow Canyon Drive as a 46-foot street section with vertical curb, gutter, and 5-foot detached (or 7-foot attached) concrete sidewalk within 70 feet ofright-of--way. 7.1.13 Construct W. Capital Reef Drive as a residential collector roadway as a 36-foot street section with curb Butter, and 5-foot wide concrete sidewalks within 50 feet of right-of--way. Parking will be restricted on this roadway. Coordinate the location of "NO PARKING" signage with District Traffic Services Staff: Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 7.1.14 Construct all internal local roadways as 36-foot street sections with rolled curb, stutter, and 5-foot attached sidewalk, as~pronosed. 7.1.15 Construct a traffic circle at the intersection of S. Glen Can on Drive and W Snow Canyon Drive, gs propos Coordinate the location and design of the traffic circle with District Traffic Services Staff. 7.1.16 Construct a traffic circle at the three-wa in rsection of W. Sn w Can on Drive and $. Sunset Point Court. Coordinate the location and design, of the traffic circleabout with District Traffic Services Staff. 7.1.17 Construct the following stub streets as proposed Install a sign at the terminus of each stub streets stating, `"THIS ROAD WILL BE EXTENTED IN THE FUTURE " • Stub street to the east W Snow Canyon Drive located ap proximately 610 feet (measured pr,~pg~y line to centerline) south of the north property line • Stub street to the sout S. Glen Can o Av ue located a roximatel 480 feet measured property line to centerline) west of the east property line. • Stub street to_the south, S. Echo Cannon Avenue located ap proximately 900 feet (measured property line to centerline) west of the east property line. • Stub street to the south S. Sunset Point Court. located appr oximately 1420 feet (measured property line to centerline) west of the east property line. . • Stub street to the southeast. W. Capitol Reef Drive, located ap proximately 200 feet (measured , propgrty line to centerline) north of the south property line • Stub .street to the west, W. Jagged Rock Drive. located ap proximate) r~460 feet (measured property line to centerline) south of the northpropert • Stub street to the north. located approximately 690 feet measured property line to centerline) east of the west property line. Provide design and cost estimates to District Staff for the construction of the north stub street. and canal crossing. Road trust for the construction of one-half of the canal crossing and curb Qutter, and sidewalk on the south side of the crossing Coordinate with Development Review Staff in regards to the design of the crossing. 7.1.1 S Construct a roadway to intersect Black Cat Road, W. Capital Reed Drive, located approximately 100 feet south of the north property line. 7.1.19 Construct a roadway to intersect Franklin Road, S. Fritts Way, located approximately 130 feet east of the west property line. 7.1.20 Construct a roadway to intersect Franklin Road S Glen Canyon Avenue located aDDroximately 220 feet west of the east property line. 7.1.21 Submit bridge plans for the crossing of the Martin Lateral (W Captial Reef Drive and S Fritts Way) and for the crossing of the Purdam Drain (W. Snow Can own Drive) for review and approval prior to thepre-construction meeting and plat approval. 7.1.22 Construct three 20-foot strai hgkt public alle s, as proposed. 7.1.23 Other than the access specifically approved with this application, direct lot access is prohibited to Black Cat Road and Franklin Road. and shall be noted on the final plat. 7.1.24 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2009 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD 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 may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 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. 7.2.6 Comply with the District's Tree Planter Width Interim Policy. 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 applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The Applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which 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 known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The Applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The Applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised 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 Any change by the Applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERiD1AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 9. Nampa & Meridian Irrigation District 9.1 Applicant shall apply for a land use change application prior to final platting. 9.2 All laterals and waste ways must be protected. 9.3 The District's laterals course through this proposed project. These easements must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 9.4 All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa 8t Meridian Irrigation District must review drainage plans. 9.5 The Developer must comply with Idaho Code 31-3805. 9.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Exhibit B CITY pF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 C. Legal Descriptions 1 DA H O ~ ~+50 [rst waiertowar• Sc .Suite 150 SURVEY Meridi~,, itl~ sa~Iz GROUP Ptwne (208) $4.6.,8SZ0 Faz (208y 98~-5399 ProjeckNo. OS-256 October.6, 2005 Barel+a $ObdfVltsiOp Anna>rfiition Description The NE 1/4 of the NW 114 and the NW 114 of the I1E lY4 of Section 15, T,3N., R 1 W., B.M., J~ County, Idaho, and a partian' of thq Weet 12 of the NW 1 /4 of said Section ]5, more particularly de8cribed as 1:oAows: BEGINNING at the.114 corner connmatt W Section 10 and the said Section 15, from.whch the Northeast correct of said 3ec#art 15 bears South 89° 15'27" Eest, 2b40 ~3 feet; Thdece South $9°15'2T' Bast, 1320.36 feet to the P.asl 1/16 corner common to Sectiop 10 and the said Section 15; Thence along the East line of the NW ll4 of the NS 1/4 South 00°27'13" West, 1329.09 $oet to the NE U16 carnet; Thetlce North 89°15'Od" West, 1317:75 feet to the trN 1J16 comer;. Thence continuipg North 89°15'04" West,1 X24.68 feat to the NW 1 /IG comer; Thence along t3ee East liaa of the West 2 /~ of the: NW 114 South Q0°47'ZS" West, 328.56 feet Thence North 75°42'49" West, 1180.91 'Thence: North 00°43'03" Bast, ?.63.81 feat. {record 263.5f1 fed): T~eaet:e North 8$°i6'3T' West, 176.25. fett,ta apoiret oa tha West liae of said . Sedi~ 15; Thstice along said line North 00°43'03" East, 299.65 feet (rerosd 300.00 feet); Thence along the center of an irrigation ditch South 75°59'3T' East, 624.8$ feet (iecorz162S.04 feel); 'Thence South 76°12'00" East, 734:88 feet {recotd 732;82 fed} to's. poiuf nn tTie line of the NW. l /4 of the NW 1/4 of said Section 1~5; Profeelslaeial Land S.urveyoe•s Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 The~ce.alanS said liae N+atth t10°33'Sl" East, i 16.76 feet tv the West 1.116 cornet co~tnmon tiI Seciipa iQ end the said Sectjon 15; Tliex~ce Saudi S~°Y3'34" F.ast,132Q,28 feet by the Point ofBe~il~.ning. Cantaiaing Q5.57 acres, mare ar less. Preparod By. Idn1w Su>~r-ey Grnup,.P.C. r: ..o . ~~~~ , . ~. Y, D. Tarty Peug~y PLS .OVAL BY : . ~4~ M~VRQRl45 DFP*~C Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 EascVVatercower Sc. ~450 IDAHO . Suite 150 SURVEY "~'~'''~''° aa~z GROUP Phone.(2oe) e~-es~o . t=ax ~zo~ eea-s3~ Project No. 06-177 January 17, 2007 Banya R~8 Zonc A parcel of land located in. the NE 1/4 of the NW 1/4, and the NW 1/4 of the NE 1/4 of Section 15, T.3N., R 1 W., B.M., Ada County, Idaho, mote particularly described as follows: BEGINNING at the North i/4 corner of said Section .15, from which the Northeast corner of said Sectiom bears South 89°15'27" East, 2640.73 Thence along the North line of said NE 1/4 of the NW 1/4 North 89°15'34" West, 1.19o.2s feet; Thence. deQarting said line South 00°31'51" West, 239.82 feet; Thence South 5°05'29" East, 51.04 i'eet; Thence South 00°31'51" Wrst, 406.37 feet; Thence 156.71 feet slung the arc of a. curvc to the left, having a radius of 100.00 feet, a central angle of 89°47'25", and a long chord bcaring South 44°Z 1'52" East, 141.16 feet; Thalce South 89°15'34" Bast, 494.25 fcet; Thence 51.97 feet along the arc of a curve to the left, having a radius of 100.00 .feet, a central angle of 29°46'33", and a long chord bearing North 75°51'09" East, 51.39 feet; Thence North 60°57'53" Fast, 68.63 feet; Thence South 29°02'07" East, 223.82 feet; Thence North 60°S7'S3" East, 45.1,21.fed; Thence 64.97 feet along the arc of a.etuve to the right, having a radius of 125.00 feet, a central angle of 29°46'40", and a long chord bearing North 75°51'13" bast, 64.24 feet; Tklence South 89° 15'27" East, 289.25 feet; Thence North 00°27' 13" East, 399.50 feet; Proiesslona! Lind Surveyors Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE ]9, 2007 'Thence 46.54 feet along the arc of a curve to tho i~igbt, having a radius of 100.00 feet, a central, angle of 26°39'52", and a long chord bearing North 13°47'09" East, 46.12 feet; Thence North 00°44'33" East, 25$.57 feet to apoint on the North. line of said Section 15; Thence North 89°15'27" West, 383.29 feet to the Point of Beginning. Containing 28.17 acres, more or less. ~e~.BY: . Idaho Survey CxrauP, P.C. L d 4431 ~ ~ t' ~~"°~ o ~~ of ~°* ~nr D. Terry Peugbl, PLS 12EVIE A VAL BV Y ~ ~~.~~ ~ r` Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 IDAHO i45o rascwkceroowe~ Sc Suiee 150 SURVEY M.~;aa~.Ia~ a3wz GROUP t l~o~) X70 ~ (20~ t~-s3~ Project No. 06-177 January 16, 2007 Bxraya R 15 Zone Portions of the NE. 1/4 of the NW 1/4, the, NW 1/4 of the NE 1/4, and the West 1/2 pf the NW 1/4, of Section 15, T.3N., R.1 W., B.M., Ada County, Idaho, mare particularly described as follows: Comm~encing at.the 1/4 comer common to Section 10 and the said Section 15, from which the Northeast coiner of said $eetion 15 bears.South 89°15'2T' East, 2640.73 feet; Tharce South 89°15'27"East, 1090.49 f4et to the REAL POIlVT OF BEGINNING Thence South 00°44'33" West, 96.84 feet; Thence 161.93 feet along the arc of a curve to the right, having a radius of 235.00 feet, a central angle of 39°28'49", and a long chord bearing South 20°28'57" West, 158.74 fact; Thence South 40°13'22" West, 262.47 fist; 'X'hence 163.11 feet along the sic of a curve to the left, having a radius of 235.00 feet, a central angle of 39°46'09", and a long chord bcaring South 20°20'.l.T' West, 159.86 feet; Thence South 00°27'13" West, 729.58 feet to a point on the.South boundary of said NW 114 ofthe NE 1/4; Thence North 89°15'04" West, 810.74 feet to the C N 1/16 corner; Thence continuing North 89°15'04" West, 1324.68 feet to the NW 1/16 corner; Thence along the East line of the Weat 1/2 of the NW 1/4 South 40°47'25" West, 328.56 Poet TheneaNorth 75°42'49" West, 1.1$0.91 foet; Thence North 00°43'03" East, 263.81 feet (record 263.50 feet); Thence North 89°16'57" West, 176.25 feet to a point on the West line ofsaid Sectio>l 15; Tharce along said line North 00°43'03" East, 299.65 feet (record 300.00 feet); Protesslona! L:nd Surreyars Page 1 of 3 Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 'Thence along the center of an irrigation ditch South.75°59'37" East, 624.8$ feet (record 625.04 feet); Thence South 76°12'p0"East, 734.88 feet (record 73x.$2 feet) to apoint on the East line of the NW 1/4 of the NW 1/4 of said Section 15; Thence along said line North 00°31'51"East, 1126.76 feet to the West 1/16 comer common to Section 10 and tha said Section 1 S; Thence.along the North line of said Section 15 South 89°15'34"East, 130.00 feet; Thence departing said line South 00°31'51" West, 239.82 feet; Thence South 5°05'29" East, 51.04 feet; Thence South 00°31'51" West, 406.37 feet; Thence 156.71 fee# along the are of a curve to the left, having a radius of 100.00 feet, a central angle of 89°47'25", and a long chord bearing South 44°21'52" East, 141.16 feet; Thence South 89°1S'34" East, 494,25 feet; Ther<ce 51.97.feet slang the arc of a. curve to the left, having a radius of 1,00.00 feet, a central angle of 29°46'33' and a long chord bearing North. 75°S 1'09" East, 51.39 feet; Thence North 60°57'53"East, 68.63 feet; Thence South 29°02'07" East, 223.82 feet; Thence North 60°S7'S3":East, 451.21 feet; Thence 64.97 feet along the arc of a curve to the right, having a radius of 125.00 feet, a central angle. of 29°46'40' ; and a long chord bearing North 75°51' 13"East, 64.24 feet; Thence South 89°15'.27" East, 289.25 feet; Thence North 00°27'.13" Fast, 399.50 feet; Thence 46.54 feet along the arc of a curve to the right, having a radius of 100.00 feet, a central angle of 26°39'52", and a long chord bearing North 13°47'09" East, 46.12 feet; Page 2 of 3 exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR 'THE HEARING DATE OF JUNE 19, 2D07 Thence North 00°4.4'33" B»st, 258.57 feet to a point on the North, line of said Section 15; Thence South 89°15'34" East, 707.20 feet to the Point of Beginning. Containing 54.13 acres, more or less. ~~ By: Idaho Survey Group, P.C. D. Terry Peugh, PLS ~r-I ii01p11. >~r JAN ~ - ,~~ •.~.r= MERIDI NLPUeL~G WORKS DEpY- Page 3 of 3 Exhibit C CITY OF MERIDIAN PLgNNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 fDAHO SURVEY GROUP i4sa ~,scvrraroc~ sz s~ iso Meridian, Idaho 83642 p~ ~oe~ e~6-esm . ~ 'Fax 120 881-5399 I~+aject No. 06-1.77 January 17, 2007 Barraya R-40 7.one A parcel of lead located in the NW 1/4 of the NE 1/4 of Section 15, T.3N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: Comineneing at the 1Vorth 1/4 corner of said_$ection 15, firom which the Northeast corner of said Section bears South 89°15'27".Bast, 2640.73 feet; Thence South 89°15'27"East, 1090.49 feet to "° the REAL POINT OF BEGINNING. Thence South 00°44'33" West, 96.84 feet; Thence 161.93 feat along the arc of a curve to the right, having a radius of 235.00 feet, a ceartrsl angle of 39°28'49", and a long chord bearing South 20°28'57" Nest, 158.74 feet; Thence South 40°13'22" Wort, 262.47 feet; Thence 163.11 few along the arc of a curve to the le$, having a radius of 235.00 feat, a ceDtral angle of 39°46'09'", and a long chord boating South 20°20' 17" West, 159.$6 feet; Thence South 00°27' 13".West, 729.58 feet to a point on the South boundary of said NW 1/4 ofthe NE 1/4; Th~ICC South 89°15'04" East, 507.01 feet to the NE 1/16 corner; J Thence Narth 00°27'13" East, 1329.09 feet to the blast 1/16 corner common to Section 10 and the said Section 15; Thence North 89°15'2T' West, 229.87 feet to the.Point of Beginning. Containing 13.26 acres, more or less. ~~ BY~ Idaho Survey Groin, P.C. Zvi ~ . ~' 443' JA ~~ 2~(l~ ,~„ I- i7-e M worms ~~ O'~I~ev~ ~ Professlona/ Land ~it~~i>i~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNG 19, 2007 a~ ~, ~~~ ~~ Exhibit C CTTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7UN)r 19, 2007 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. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property to R-8 (Medium Density Residential), R-15 (Medium High-Density Residential) and R-40 (High Density Residential). The 2002 Future Land Use Map currently designates this property as "Medium Density Residential" and "Mixed Use -Regional." The Council finds that the requested zoning of R- 15and R-40 to be generally consistent with said Comprehensive Plan designations. The proposed Ten Mile Interchange Specific Area Plan designates this property as "Medium Density Residential," "Medium High-Density Residential," and "High Density Residential." Per the proposed Plan, Medium Density Residential areas should range between 3 - 8 units per acre. Additionally, Medium High Density Residential areas should have a range of 8 -15 units per acre. The Council believes the mixed zoning designation of R-8, R-15, and R-40 for this site is appropriate; R-8 for detached single-family units, R-15 for attached townhouses and other single-family units, and R-40 for multi-family development. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. Therefore, the Council finds that the requested zoning of R-8, R-15, and R-40, and overall gross density of 5.48 dwelling units per acre for the proposed subdivision to be generally consistent with both the current Comprehensive Plan and the draft Ten Mile Interchange Specific Area Plan, which, if adopted, will amend the current Futare Land Use Map designations for this site. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis - Annexatian Analysis, Section 10, of this Staff Report. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that, if approved, the proposed map amendment will not be detrimental to the public health, safety or welfare. Staff and the Commission recommend the Council rely on any oral or written testimony that may be provided when determining this finding. d. 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, The Council does not believe that the proposed zoning amendment will result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (LTDC 11-5B-3.E). The Council finds that all essential services are available or will be provided by the developer Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 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 2002 Future Land Use Map and the City's Comprehensive Plan and the draft Ten Mile Interchange Specific Area Plan. Therefore, the Council finds that Annexation and Zoning of this property would be in the best interest of the City at this time. 2. Preliminary Plat Findings In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; If the Applicant complies with the conditions in Exhibit B of the Staff Report, the Council finds that the plat will be in conformance with the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section S, and Analysis, Section 10, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. 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, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACRD, etc.) to determine this fording. (See Finding Items c and d above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff and the Commission are not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. Staff and the Commission recommend the Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety, or environmental problems of which Staff and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Purdam Drain bisects this property. The Council finds that the Purdam Drain is a waterway which should be preserved during development of this site. Staff and the Commission are unaware of any other natural, scenic, or historic features on this site. Therefore, Staff and the Commission recommend the Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JUNE 19, 2007 are unaware. If the Purdam Drain is preserved, the 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. Exhibit D