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Belhaven Subdivision AZ 07-011~ ADA COUNTY RECORDER J. DAYID NAVARRO AMOUNT .0 40 5 ~ BOISE IDAHO 05/16/08 12:59 PM ~ { DEPUTY Danielle Boulette III IIIIIIIIII~II~I~I~IIIIIIIII~ III III I RECORDED-RE~UEST OF j CITY OF MERDIAN 1@8057324 ~ i DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Ryan Arnold and Don Roberts, Owners 3. Pole Creek Properties, Inc., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this~ day of ~ ~ , 2008, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CTTY, Pole Creek Properties, Inc., whose address is PO Box 190073, Boise, ID 83701, hereinafter called DEVELOPER, and Ryan Arnold and Don Roberts, whose address is PO Box 190073, Boise, ID 83701, hereinafter called OWNERS. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit A for each owner, which is attached hereto and by this reference incorporated herein as if set forth in full, herein after refened to as the Property; and 12 WHEREAS, I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Developer and/or Owners make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of the Meridian Unified Development Code, which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS, Developer has submitted an application for annexation and re-zoning of the Property described in Exhibit A, and has requested a designation of R-4 (Low Density Residential District), Municipal Code of the City of Meridian; and 1.5 WHEREAS, Developer and/or Owners made representations at the public heanngs both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDNISION) PAGE 1 OF 11 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 4`h day of March, 2008, 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 foRh in full, hereinafter referred to as (the Findings); and 1.8 WHEREAS, the Findings require the Developer and/or Owners to enter into a development agreement with relation to the R-4 (Low Density Residential District) before the City Council takes final action on annexation and zoning designation; and 1.9 DEVELOPER and/or OWNERS deem it to be in their best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntanly and at their urging and requests; and 1.10 WHEREAS, City requires the Developer and/or Owners to enter into a development agreement for the purpose of ensuring that the PropeRy is developed and the subsequent use of the Property is in accordance with the terrns and conditions of this development agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure re-zoning designation is in accordance with the amended Comprehensive Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-382, and the Zoning and Development Ordinances codified in Meridian City Code Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 2 OF 11 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a rnunicipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Idaho Avenue, Meridian, Idaho 83642. 3.2 DEVELOPER: means and refers to Pole Cr~ k Properties, Inc., whose address is PO Box 190073, Boise, ID 837~"the party developing said Property and shall include any subsequent developer(s) of the Property. 3.3 OWNERS: means and refers to Ryan Arn ~i and Don Roberts, whose address is PO Box 190073, Boise, ID 83~, the parties that owns said Property and shall include any subsequent owner(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the parcels to be re-zoned R-4 (Low Density Residential District) attached hereto and by this reference incorporated herein as if set forhh at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian City Code Section 11-2-A which are herein specified as follows: Construction of l6 single family residential building lots and 5 common lots in the proposed R-4 zoning district on 6.84 acres, and the pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 07-Oll application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Developer/Owner and/or Owner shall develop the Property in accordance with the fol'lowing special conditions: The developer should construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ-07-O11). The applicant shall construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant shal'1 construct homes on the site that DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDNISION) PAGE 3 OF 11 contain the following building materials: wood lap siding and/or stucco with rock/stone accents along the front facade. 2. A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: This Agreement and the cornmitments contained herein shall be terminated, and the zoning designation reversed, upon a default of the Developer and/or Owner or Developers and/or Owners heirs, successors, assigns, to comply with Section S entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearing procedures as outlined in Idaho Code § 67-6509, or any subsequent amendrnents or recodifications thereof. CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNA'TION: Developer and/or Owners consent upon default to the reversal of the zoning designation of fhe 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 Developer and/or Owners and if the Developer and/or Owners fails to cure such failure within six (6) months of such notice. 8. INSPECTION: Developer and/or Owners shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Development Agreement and all other ordinances of the City that apply to said Development. 9. DEFAULT: 9.1 In the event Developer and/or Owners, or Developer and/or Owners' heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property, fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be modified or terminated by the City upon compliance with the requirements of the Zoning Ordinance. 9.2 A waiver by City of any default by Developer andJor Owners 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 DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDNISION) PAGE 4 OF 11 or apply to any subsequent breach of any such or other covenants and conditions. 10. REQUIREMENT FOR ItECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Developer and/or Owners' cost, and submit proof of such recording to Developer and/or Owners, prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrurnent of release of this Agreement. 11. ZONINGe 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 the City or Developer and/or Owners, 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 Developer and/or Owners 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 comrnence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 12.2 In the event the performance of any covenant to be performed hereunder by either Developer and/or Owners or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or sirrular causes, the time for such performance shall be extended by the amount of time of such delay. 13. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code, to insure that installation of the improvements, which the Developer and/or Owners agree to provide, if required by the City. DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDNISION) PAGE 5 OF 11 14. CERTIFICATE OF OCCUPANCY: The Developer and/or Owners agree that no Certificates of Occupancy will be issued until all improvements are completed, unless the City and Developer and/or Owners have 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 acce.pted by the City. 15. ABIDE BY ALL CITY ORDINANCES: That Developer and/or Owners agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de- annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States MaiT, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CTTY: c/o City Engineer City of Meridian 33 E. Idaho Ave. Meridian, ID 83642 OWNERS: Ryan Arnold and Don Roberts PO Box 190073 Boise, ID 83701 with copy to: City Clerk City of Meridian 33 E. Idaho Avenue Meridian, ID 83642 DEVELOPER: Pole Creek Properties, Inc. PO Box 190073 Boise, ID 83701 16.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 17. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to couR costs and reasonable attorney's fees as DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDNISION) PAGE 6 OF 11 determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement.~ I 18. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breacti 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 Developer and/or Owners of the Property, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way p'revent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon~written request of Developer and/or Owners, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Developer and/or Owner have fully performed its obligations under this Agreement. I 20. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. I 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Developer and/or Owners and City relative ito the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Developer and/or Owners and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resoliution of City. 21.1 Noi condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in aceordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. DEVELOPMENT i GREEMENT (AZ 07-O11 BELLHAVEN SUBDNISION) PAGE 7 OF 11 I ~ 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. i ACKNOWLEDGMENTS ~ IN WTTNESS WHEREOF, the parties have herein executed this agreement and made it effecti~~e as hereinabove provided. I DEVELOPER: POL K PROPERTIES, INC. ~or1 I~c)b P `~ ~~Y r s d 0~ e~ OWNERS: RYAN ARNOLD R i DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDNISION) PAGE 8 OF 11 ~ CITY OF MERIDIAN By: MAYOR TA de WEERD Attest: JAYC~ HOLMAN, CITY `\\\\\`\\~``~„~u~~-~~~~r~,i.,~~~''/'. . ~'~y ~ ~~ <~ ~, ~• O = _ ~ ~ ~LE K SEAL = " ~ ,~ ` '%,9 `~Tis~• P~~~`. ~ ~ . ~~'tY '/'/''~~''~~ir~~i~ n i~t~~~~~``~`~```, DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 9 OF 11 STATE OF IDAHO, ) County of Ada, ss On this ~~ of /' N Y 1 1 , 2008, before me, the undersigned, a Notary Public in and for said State, personal_ 1 appeared l~ D Y1 ~ V C~ t~l QC~ ~O-P,li`~ , known or identified to me to be the ~~ ~ l~~.°~" of Pole Creek Properties, Inc., acknowledged to me that they executed the same on behalf of said corporation. IN WTTNESS WHEREOF, I have hereunto set rny hand and affixed my official seal the day and year in this certificate first above written. ,~~~ .............~. ~. L • t L •. ~.• Ot; ..... js' '•. : ti.• •• '• . .• ~ ~~~~' ••: ,~ ~_ ~~ ~Q.~S,~ .~i~-o ~ ~ ~•~ Notary Public for ldaho _ '; p U BL1G 0 Residing at: P~ ~ '., 1,9 ••.. ' J' ~' ~Q- My Comrnission Expires: O a~T U '•.,~~~TF Op 10 S~ OF IDAHO, ) : ss County of Ada, ) On this 3D day of V( , 2008, before me, the undersigned, a Notary Pu b lic in an d for sai d State, persona l ly appeare d Ryan Arno l d, k nown or i denti f ie d to rne to be the person who signed above and acknowledged to me that he executed the same. IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ~~~.•~•......,~~ ~~ ~$~,~LL ~~'' `-C.(~ . ,,~~.~y.~N~ ...~js' '•,~~ ~ , ~, as ~ Notary Public for ldak~o - ;~yOT AR y°; ~ Residing at: /~ ~ I *, ~ ~•~ ~ * ~ My Commission Expires: ~ ~ =~ ~ b :~ pUBti1G ~; ~~ /, J ~~• ~~ 0 ,,~ . T ••.•...•~' `~ • ,''•.q?'E oF l9~•''~ DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 10 OF 11 STATE OF IDAHO, ) : ss County of Ada, ) On this .3~ay of ~~, 2008, before me, the undersigned, a Notary Public in and for said State, personally appeared Don Roberts, known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WTTNESS WHEREOF, I have hereunto set my hand and affixed rny official seal the day and year in this certificate first above written. ~~~~........,,,~~ .•`' 4l ELLIS ~'•. ~ ~~~~~~~~se •,~i ti . ._ . . ~ ~aQ~S~ALY) ~; * : ~~~ G : ~ ~~ PvBti~ f~o . %, .P1,'•••....•• Q~' ~.` .,~~~,~ rE ~g 1'~~~. STATE OF IDAHO ) ss o~ ~'.~,~ Notary Public for ldaho , Residing at: ~1 ~U' 7 My Commission Expires: D ao Ib County of Ada ) h ,~~,, ' / On this .~ day of ~ l~'K , 2008, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee Holman, know or identified to me to be the Mayor and City Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WTTNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. •~'"~'•• .'~SQ'R'A M :Cr~ ~i ~' ; - ~O 2~,q •.;' y. (SEAL), ; ,~ ,~,~~ . , • ; ~ ~~i ~ ~ ~ • ~~~ ~ ~ . ~ : ~ ' ~~'.9~ ~ ~LIC . ~ ~.•~ •.~F Y~Q+ •~~ID ~,• otary Public r ldaho Residing at: n~}e.L~ (1~ Commission expires: ~ 0-l I-(..~ DEVELOPMENT AGREEMENT (AZ 07-011 BELLHAVEN SUBDIVISION) PAGE 11 OF 11 PARCEL DESCRIPTION December 15, 2006 vt~Q, ~~r; Pole Creek Prooerties PARCEL NO.: BeRhaven Subdivision Boundary Legal A patcel of land being a portion of xhe N%: of the SW `/. of Secrion 27, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly descnbed as follows: COMMENCING at a found brass cap mazking che southwest comer of said Section 27; Thence North 00°31' 13" East coincident with the west line of the said.SW '/. of Section 27, a distance of 1545.16 feet; Thence South 89°06' 10" East, 25.00 feet w the POIIVT OF BEGINNING; Thence North 00°31' 13" East parallel with the west line of the said SW '/< of Section 27, a distance of 255.39 feet; Thence South 89°34'39" East, 266.73 feet to a found'/:" rebaz/no cap; Theace South 19°42'49" East, 111:64 feet to a found'/2" rebaz/no cap; Thence South 34°19'34" East, 79.58 feet to a found'/:" rebaz/no cap; Thence South 50°50'S5" East, 891b feet to a found'/:" rebaz/no cap; Thence South 88°l l'S1" East, 896.87 feet; Thence South 12°44'38" East, 20631 feet to a found'h" rebaz/no cap on the south line ofthe N'/: ofthe SV/'l, of Section 27; Thence North 89° 1T50" West coincident with the south line of the said N'h ofthe SW '/. of SecAOn 27, a distance of 1047.96 feet; Thence North 00°27'.47" Bast, 155.35 feefi Thence North 44°19'22" West, 42.58 feet; Thence North 89°06' 12" West, 286.32 feet to fhe POINT OF BEGINNING. The parcel above described contains 6.84 acres more or less: Togeiher with and subject to covenants, easemenu and res~ictions of record Basis of bearings for this pazcel is North 00°31' 13" East between the found brass cap mazldng the southwest corner of said Section 27, and the found 1/2" rebaz (comer record #99113295) marldng the west'/. comer of said Sectioa 27, both in T. 4 N., R 1 W. ~~~ 2 ~ eQ~~ ;i =RIDiAN FUBLIC 'NORKS DEPT• P:~P61e Creek Prop~Drawin~lSucveylLegallSub Leget DSS/cp 17J15/06 ~~~~~~~ FEB 2 ~ 2008 City Of Meridian City Clerk Office ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ; . .. . . . _ .. , : E ~ ID.IAN~~ l.DAHO : In the Matter of Annexation and Zoning of 6.99 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district AND Preliminary Plat of 16 single-family residential building lots and 5 common lots on 6.84 acres in a proposed R-4 zoning district, for Belhaven Subdivision, by Pote Creek Pr.operties, Inc. Case No(s). AZ-07-O11 and PP-07-016 For the City Council Hearing Date of: February 19, 2008 (Findings on the March 4, 2008 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 19, 2008 , incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 19, 2008 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 19, 2008 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 1Vleridian has, by ordinance, established the I~mpact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolurion No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION 8c ORDER CASE NO(S). AZ-07-O11 & PP-07-01•6 4. Due consideration has been given to the comment(s) received frorn 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 si~gned by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Pianning Department, .the Public Works Department and any affected party requesti.ng notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. The conditions aze concluded to be reasonable and the applicant shall meet such requirements as a condition of ap.proval 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, i.t is hereby ordered that: 1. The applicant's Prelirninary Plat as evidenced by having submitted the Preliminary Plat dated 11./07 is hereby conditionally approved; and, 2. The site specific and standazd cond~itions of approval are as shown in the attached Staff Report for the hearing date of February 19, 2008 incorporated by reference. 3. A Development Agreement is required with approval of the subject Annexation & Zon.ing application and shall include the provisions noted in the attached Staff Report for the hearing date of February 19, 2008, i•ncorporated by reference. D. Notice of Applicable Time Li~mits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the prelirn~inary plat or one (1) yeaz of the combimed prelirninary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if subrn~itted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary piat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of tirne to record the final plat not to exceed eighteen (18) months. Additional CITY OF MERIDIAN FINDI~TVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-O1 l& PP-07-016 -2- time extensions up to eighteen (18) months as determined and approved by the Ci~ty Council may be granted. With al.l extensions, the Director or City Council may req.uire the preliminary plat, combined preliminary and final plat or short plat to cornply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Attached: Staff Report for the hearing date of February 19, 2008. By action of the City Council at its regular meeting held on the `'~'~ day of (~~(1 , 2008. COUNCIL MEMBER DAVID ZAREMBA VOTED_~t e d~+ COUNCIL MEMBER JOE BORTON VOTED wt_ n_ a COUNGIL MEMBER CHARLIE ROUNTREE VOTED~ COiJNCIL MEMBER KEITH BIRD VOTED~ MAYOR TAMMY de WEERD VOTED ('I'IE BREAKER) ,, ~ `~~%u/. ~~G~ .~ .~h.At _DE WEERD A'I'TES'I': JAYCEE 1~'OLMAN, CITY Copy served upon Applicant, Attorney. ,. .°~ -; ~`'o - - S~AI, _ ;LER3C 1~ ; ',,, -~ ~T ~~~ • ~~,~~` .,~~~~ ~Y ~~` ~,. The Piannirig~Dapartcan~~it, Public Works Department and City Dated: 3- ~ Z..' ~~ ~ City Clerk's Office CITY OF MERIDIAN FINDIIVGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-07-U1 l& PP-07-016 -3- CITY OF MERIDIAN PLANNING DEPARTM£NT STAFF REPORT FOR TWE HEARING DATE OF FEBRUARY F9, 2008 STAFF REPORT Hearing Date: February 19, 2008 "I'O: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: Belhaven Subdivision • AZ-07-O11 ' ~ E~ IDIAN~- I.DAHO Annexation and Zoning of 6.99 acres from RUT (Ada County) to R-4 (Medium low-density residential) zoning district, by Pole Creek Properties, Inc. • PP-07-016 Preliminary Plat of 16 single-family residential building lots and S common lots on 6.84 aeres in a proposed R-4 zoning district 1. SUNIIVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Pole Creek Properties, Inc., has applied for Annexation and Zoning (AZ) of 6.99 acres frorn the RiTT (Ada County) to the R-4 (Medium low-densiCy residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential building lots and 5 common lots on 6.84 acres of land for Belhaven Subdivision. The site is located at 5230 N. Black Cat Road, on the east side of N. B'lack Cat Road, approxunately `/< mile north of W. McMillan Road, in the southwest '/o of Section 27, Township 4 North, Range 1 West. This property is currently referenced as Assessor's Parcel Number SO427325700 and has not been previously platted. This property is within the Ciry's Urban Service Planning Area and Area of Impact. The Ciry's Cornprehensive Plan Future Land Use Map designates the subject properry as medium-densiry residential. NOTE: The Planning and Zoning Commission continued these items to allow the applicant time to work with Public Works regarding City water and sewer services to the Poorman property. Since the October hearing the applicant has worked wifh City Staff to remedy the issue. At the time of final platting of Lots 1-4 of Block 2, the applicant will be responsible for stubbing City Services to the Poorman property. The applicant has also submitted a new preliminary plat and landscaping plan for Staff's review and analysis. The revised plat and landscaping plan illustrates the shortening of the cul-de-sac, adding Lot S to Block 3 with a 95 foot elctension of the pathway adjacent to the northern boundary of the lot (note: the total number of lots has not increased). The applicant has also provided additional open space east of Lot 3, Block 2 however, the amount of open space for the site has not increased. New information is provided in strike-through and underline format througtiout the report. 2. SUMMARY RECOMMEN.DATION The subject appIications (AZ-07-O11 & PP-07-016) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the AZ & PP applications. Staff recommends approval of A~07-O11 and PP-07-016 for Belhaven Subdivision, as presented in the Staff Report for the hearin.g date of December 20, 2007 and continued from October 4, 2007, subject to the Findings of Fact listed in Exhibit D and subject to Belhaven Subdivision AZ-U7-Ol 1& PP-07-016 PAGE 1 CiTY OF M°ERIDIAN PLAi~T~N~ING DERARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 the conditions of approval listed in Exhibit B. The Meridian Planning & 7.flnine Commission heard these items on October 4. 2007 and DecetrAber 20 2007. At the public hearing t6e Commission moved to recommend approval of the subiect AZ and PP request. a. Summarv of Commission Public Hearing: i. In favor: Shawn Nickel (Aaplicant's Rearesentative) ai, In onposition: None iii. Commenfing: Paul. Poorman ly. Written testimonv: None y. Staff nresenting apulication: Bill Parsons ~. Ottier staff commentin~ on aaulication: Caleb Hoodt Scott Steckline. Ted Baird b. Kev Issue(s) of Discussion bv Commission: i. Tfie perimeter fencinQ for the develoament. ii. Mitigation for the existin~ mature trees on the site. iii. StubbinQ Citv Services to the Poorman arouertv. iv. Removal of the existing septic tank drain field on t6e sub.iect site and relocatin~ the drain field on the Poorman's propertv. v. The location of the re4uired trees outside the Settler's Canal Easement. vi. Compatibilitv and connectivitv with t6e Volterra Subdivision to the north. c. Kev Commission Change(s) to Staff Recommendation: i. Modified Condition 1 2 2 to require that if four mature (existing) trees are not retained on each lot. t6e develoaer will miti~ate those four trees with six 2" caliper trees. d. OutstandinQ Issue(s) for Citv Council: i. None known. ~ ~ L ~ In favor: Shawn Nickel (~~nlicant's Renresentative) ~ In oanosition: None ~iiy Commentin~: Gale Poorman ~v Written testimony: None y, taff nresentinQ a~~lication• nna CanninQ yjL I~lther ctaff cnmmenNp,~QggDDilCBhOII: None ~~ey Issues of Discussion bv Council: ~, AIiQn~ment ~f thp S-fnnt cidewaLk with the Volterra Subdivision. along Black Cat Road. ~ Ala~nment of the st~b street with the Volterra S bdivision to the north ~, ~y o~ne'1 han ec to 4taff/ .ommiccion Recommendafion L LYQII~ 3. PROPOSED MOTIONS Approval After considering al'1 staff, applicant and public testimony, I move to approve File Numbers AZ- 07=011 and PP=07-016 as presented in the staff report for the hearing date of February 19, 2008 with the following modifications to the eonditions of approval•: (Add any proposed modifications.) Belhaven Subdivision AZ-U7-011 & PP-07-016 PAGE 2 CITY OF M£Rl'DIAN PLANNING DEPARTMENT STAF~F REPORT FOR THE HEARING DATE OF FEBRUARY 19, 20U8 Denial - After eonsidering all staff, applicant and pubTic testirnony, I move to deny File N.umbers AZ-07- O11 and PF-07-016 as presented during the hearing on February 19, 2007, for the following reasons: (State specific reasons for derual of the annexation ancl/or preliminary plat reqwest.) Continuance After considering all staff, ap.plicant and public testimony, I move to continue File Numbers AZ-07-O11 and PP-07-016 to the liearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION A1VD PROPERTY FACTS a. Site Address/Location: 5230 N. Black Cat Road SW '/< of Section 27, T.4N., R.1 W. b. Appl:icant: Pole Creek Properties, Inc. P.O. Box 190073 Boise, ID 83719 c. Owner: Ryan Arnold and Don Roberts P.O. Box 190073 Boise, ID 83'719 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Ap.plicant's Request: The applicant has applied for Annexation and Zoning (AZ) of 6.84 acres from the RUT (Ada County) to the R-4 (Mediurn low-density residential) zoning district and Preliminary Plat (PP) approval of 16 single-family residential bui~lding lots and 5 common lots on 6.84 acres for Belhaven Subdivision. The applicant is proposing to set aside 0.80 of an acre; or 11.7% of the site for comrnon open space, with 10% of usable open space. The proposed gross density for the subdivision is 2.34 dwelling units per acre with a net density of 3.99 dwelling units per acre. 1. Prelirninary Plat, labeled Sheet P-1, prepared by Treasure Valley Engineers, dated ~'~11/07 (New plat inserted in the staffreport). (attached in Exhibit A) 2. Landscape Plan, labeled Sheet LP 1.0, prepared by Treasure Valley Engineers, dated 8/~'~11/U7 , ew landscape nlan inserted in the staff report). (attached in Exhibit A) h. Applicant's StatemendJustification: The ap.pl.icant is requesting approval to annex and zone the subject property to the R-4 zone and plat the property with 16 single-family residential building lots and 5 comrnon area lots. The proposed net density is 3.99 dwelling units per acre with a gross density of 2.34 dwelling units per acre. The applicant is proposing 0.80 of an acre or 11.7% of the site for common open space with 10% of usable open space. The proposed density is in compliance with the intent of the cunent Comprehensive Plan Future Land Use Belhaven Subdivision AZ-07-Od l& PP=07-016 ~ PAGE 3 CITY OF MERIDIAN PLANNING DE•PARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 Map, which designates this area as Med~ium Density Residential. Belhaven Subdivision will be a quality and compatible addition to this area of Meridian. The development is adjacent to sirnilar residential developments, and the requested zoning to R-4 is in compliance with the City's Comprehensive Plan and will benefit the public interest by providing a rnix of desirable housing needs to this area of the City while al'lowing for the continued improvement and expansion of city services and an increase in the City's tax base. 5. PROCESS FACTS a. The subject application wil~l, in fact, constitute an annexation and/or rezone as deterrnined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the Commission and City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as deternuned by City Ordinance. By reason of the provisions of the Meridian City Code 'I'itte 1 l, a public hearing is required before the Commission and City Council on this rnatter. c. Newspaper notifications published on: September 17, 2007 and October 1, 2007 (Planning and Zoning Cornmission); January 28. 2008 and Februarv 11, 2Q08 (Citv Council) d. Radius notices mailed to properties within 300 feet on: September 7, 2007 (Planning and Zoning Comrnission); January 25, 20.08 e. .Applicant posted notice on site by: September 25, 2007 (Planning and Zoning Commission); Februarv 9. 2008 (Citv Council~ 6. LAN'D USE a. Existing Land Use(s): Commerciai tree farm is currently on the site. The existing residential was separated by pcoperty boundary adjustment approved by Ada County. b. Description of Character of Surrounding Area: Single-farruly rural residential uses with associated agriculhuaUpasture land. This area is rapidly transitioning &om nual to urban. c. Adjacent Land Use and Zoning: 1. North: Agricultwal land (proposed Volterra Sub.), zoned R-4 2. East: Agricult~ural land (proposed Volterra Sub.), zoned R-4 3. Soufh: Single-farnily niral residential hornes and land, zoned RUT (Ada County) 4. West: Single-family rural residential horne/agricultural land, zoned RVT (Ada Countyj d. History of Previous Actions: A property line adjustment was recently approved for this property in Ada County, recorded on January 31, 2007 as Record of Survey No. 7768: A preluninary plat and annexation request was withiirawn earlier this year. e. Existing Constraints and .Opportunities: 1. Public Works Location of sewer: This property is currently not severable. This property will sewer to the future North Black Cat Trurik. Location of water: There currently is no water service to this property. This property wi•tl ultimately get water service from mains installed in Black Cat Road. Issues or concems: 1.) None. . Belhaven Subdivision AZ-U7-U1 I& PP=07-016 PAGE 4 CITY OF M£RIDIAN PLANNING DERARTM'ENT STAFF RERORT FOR TME HEARING DATE OF FEBRUARY 19, 2008 , . ~ ~ 2. Vegetation: There aze many existing trees that are part of the tree farm that are to be removed and transplanted off site. Other trees, azound the existing house at the southwest corner of the property, will be rernoved and replanted, per the landscape plan. 3. Floodplain: NA 4. Canals/Ditehes/Irrigation: The Settlers Canal exists along the north and east b.oundaries of the subdivision and meanders between the subject property and the approved Volterra Subdivision to the north. Per city c.ode both properties are required to tile the portion of the canal that is within their property, but for all practicai purposes the property that plats first will be required to tile the ditch. All ditches, laterals and canals on this property shall be tiled per city code. See Exhibit B below. 5. Hazards: None lrnown 6. Proposed Zoning: R-4 7. Size of Property: 6.84 acres f. Subdivision Plat Information: 1. Residential Lots: 16 2. Non-residential Lots: 0 3. Total Building Lots: 16 4. Common Lots: 5 5. Other Lots: 0 6. Total Lots: 21 9. Open Lots: 0 8. Residential Area: 6.84 acres 9. Gross Density: 2.34 units per acre (Net density: 3.99 units per acre) lU. Lot Sizes: Lot sizes range from ~$~ 8.096 square feet (or 0.20 of an acre) to '^~ 14,719 square feet (or 0.34 of an acre). g. Landscaping: 1. Width of street buffer(s): A 25-foot wide buffer is required aiong N. Black Cat Road. Landscaping shall be provided in accordanee with LTDC 11-3B-'7, Landscape Buffers Along Streets. 2. Width of buffer(s) between land uses: N/A 3. Percentage of site as open space: 11.7% or 0:8U of an acre (10% wsable open space) 4. Other landscaping standazds: Landscaping must be provided within the common area Belhaven Subdivision AZ-U7-01 I 8i PP-07-U16 PAGE S CITY OF MERIDIAN RLANNING DERARTMENT STAFF REPORT FOR TME HEARING DATE OF FEBRUARY 19, 2008 lots in accordance with UDC 11-3G, Common Open Space and Site Amenity Requirernents. h. Proposed and Required Residential Setbacks: As per the R-4 zone for single family dwellings. Minimum Dirnensional Standards (in feet unless otherwise noted) Proposed Required Front living area setback (from back of sidewaik) 15 15 Side accessed garage setback (from back of sidewalk) 15 15 Front accessed garage setback (frorn back of sidewalk) 20 20 Side setback 5 5 Rear setback 15 15 Frontage (detached, with garage facing street) 60 60 Frontage (cul-de-sac or at ap.prox. a 90° angle) 30 30 Minirnurn property size 8,000 (s.f.) 8,000 (s.f.) Maximum building height 35 35 Minimum living area (detached) 1,400 (s.f.) 1,400 (s.f.) Minimum ground floor area for multi-story units 800 (s.f.) 800 (s.f.) (No changes to the dimensional standards in UDC Table I1-2A-S were requested or approved with this application.) i. Sumrnary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to this development will be provided from a publ.ic street to/from N. B1ack Cat Road, a rninor arteriai roadway. Internal pubTic streets are proposed with 36-foot wide street sections within 50 feet of right-of-way with curb, gutter and 5-foot wide attached concrete sidewallc; with the exception of E. New Haven Street. For New Haven Street., the applicant is proposing a 40 foot right-of-way to be dedicated to ACHD. Within this right-of way cwb, gutter, sidewalk, and tw:o travel lanes will be constructed. Any future development to the south of the subject site will be responsible for constructing the additional 10 feet of road improvements. One stub street for future connectivity is provided at the north boundary from N. Fir Haven Avenue to Volterra Subdivision. City Staff and ACHD are supportive of the proposed access point to the subdivision frorn N. Black Cat Road and the stub street being proposed to Voltema Subdivision to the north. Rlease see the conditions listed in Exhibit B of the staff report for further details. Direct lot access to N. Black Cat Road is prohibited except for the public street access approved with this subdivision, 7. COMMENTS MEETIlVG On Septernber 14, 2007, Planning Staff held an agency comments meeting. The agencies and departrnents present include: Meridian Fire DeparEment, Meridian Police Department, Meridian Farks Department, Merid`ian Public Works Department, and the Sanitary Services Company. Staff has included ail comments and reeomrnended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICI`ES AND GOALS This property is designated "Mediurn Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas aze anticipated to contain three to eight Belliaven Subdivision AZ-07-U•11 & RP-07-016 PAGE 6 CITY OF MERIDI.AN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 dwelling units per acre (see Page 99 of the Cocnprehensive Plan). The proposed Prel~irninary Plat includes 16 si~ngle-family residential bwiiding lots on 6.84 acres for a net density of 3.99 dwel'Iing units/acre. The proposed ~density is within the anticipated density of the Comprehensive Plan for this area. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy); • Chapter VII, Goal III, Objective A, Action 1- Require that development projects have planned for the provision of al.l public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer's expense. . - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Ciry Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sheriffs Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACKD). This service will not change. - The subject lands are currently serviced by the Meridian Schoo! District No. 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 annezation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utiliry Billing Services, and Sanitary Services Company. ~ Chapter VII, Goal N, Objective C, Action 1- Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Sta,~`'finds that the proposed development is compatible with the existing residentia! and agricultural uses that surro.und the property, • Chapter VII, Goal I, Objective C, Action 4- Require new residential developrnent to meet developrnent standards regarding landscaping, signage, fences and walls, ete. Landscaping is proposed and will be provided on the site in accordance with UDC 11-3B and UDC 11-3A-7 as shown on the landscape plan submitted with the application. Staff believes additional trees should be planted within those common lots that are not encumbered by the irrigation easement (see Analysis below). Signage for the subdivision should comply with UDC 11-3D and will reguire separate sign permit approval. Staff is requesting the applicant to clar~, at the public hearing, if any jencing is proposed around this site. • Chapter VII, Goal IV, Ob;jective D, Action 2- Restrict curb cuts and access points on collectors and arterial streets. Belhaven Subdivision AZ-07-U1 }& PP-07-O1b PAGE 7 CITY OF MERIDIAN PLANNING DERARTMENT STAFF REPORT FOR THE HEARINC DATE OF FEBRUARY 19, 2008 The applicant is proposing one public street access to N. Black Cat Road, a minor arterial roadway. No driveways or other access is proposed. Other than the public street access shown on the plat, access to N. Black Cat Road will be prohibited. Chapter VII, Goal I, Objective D, Action 9- Require new residential develo.prnent to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. Ezisting fencing is shown on the landscape plan; however prior to construction of any buildings, fencing should be constructed around the perimeter of this site If no fencing is proposed than temporary will be req.uired to contain debris on site. (Note: Fencing is required to be constructed along the north & east boundaries with Volterra Subdivision.) Chapter VII, Goal N, Objective C, Action 10 - Support a variety of residential categories (low-, mediuxn-, and high-density sin.gle family, multi-farnily, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subj.ect application includes a request for the R-4 medium low-density zoning designation. The applicant is proposing sing[e family detached homes on lots ranging from ~4 8..096-14.719 square feet in size, which Sta,ff believes will provide the City with a variety of housing opportunities. Stafjfinds that the req.uested zoning designation is consistent with the Comprehensive Plan designation for this site. • Chapter VII, Goal N, Objective C, Action 3- Require usable open space to be incorporated into new residential subdivision plats. The applicant is providing 10% usable open space within the development. • Chapter VI, Goal II, Objective A, Action 6- Require street connections between subdivisions at reguiar intervals to enhance connectivity and better traffic flow. One stub street is proposed at the north boundary. Staff believes that the proposed stub streets provide good connectivity to the approved Volterra Subdivision to the north. Future connectivi .ty from developments to the south will be along E. New Haven Street. Any future development will be responsible for the 10 feet of road improvements at the point the development stubs to Belhaven Subdivision. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-fami~ly dwellings as principal perrnitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirernent for all residential districts. ~ Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accornmodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Belhaven Subdivision AZ=07-011 & PP-U7-016 PAGE 8 CITY OF M£RIDIAN PLANN•lNG DEPARTMENT STAFF REPORT FOR TH~E MEARfNG DATE OF FEBRUARY 19, 2008 ANNEXATION AND ZONING ANALYSIS: Based on the policies .and goals contained in the Comprehensive Plan, Staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on December 15, 2006, by David Sanford Short, Jr., PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. . Out Parcel: There is a 1-acre out parcel (Parcel #50427325825) located at the southwest corner of this site, owned by Paul & Gayle Poorman. This parcel was legally created through a one acre division in Ada County prior to the adoption of the Meridian City Code in 1984. A property boundary adjustment was recently approved by Ada County (ROS No. 7768) that enlarged the property to 1.45 +/- acres. Elevations: The applicant submitted elevations for the subject project. Staff likes the appearance of the two elevations shown in Exhibit A. The features that staff ap.proves of are the gable rooflines facing the street, shutter.s., substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant should construct homes on the site that contain the above-mentioned design features. Staff is including a Development Agreernent requirement that the applicant include these design features in future homes built in this subdivision. Further, building materials for the future homes include wood .lap siding and/or stucco with rock/stone accents along the front fa~ade. As mentioned above, two conceptual elevations were submitted at the time of application submittal. Staff believes two additional elevations and product types are necessary to add to the diversity of housing mix in the proposed development. Said elevations should be presented during the public hearing. Development Agreement: UDC 11-SB-3D2 and Idaho Code § 65-6711A provides the City the authority to require a properry owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property develops consistent with the conditions of ap.proval. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outl:ine of the commitments of the developer being r.equired. A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. TLe applicant shall contact the City Attorney, Bill Nary, at 888-4433 witWn 6 months of Council ap.proval to initiate this process. The DA shall include, at minimum, the following: • The developer shouid construct homes on the site that are in substantial compliance with the elevations submitted with this annexation application (AZ=07-O11), and on file with the City Cierk's Office. The applicant should construct homes on the site that contain the following design features: gable rooflines facing the street, shutters, substantial pil~lars with substantiai bases accented with brick/stone, and covered porch areas. • A minimum of four single-family building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. PRELIIVIINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unif ed Development Code, ~ S.taff believes that this is a good location for the proposed single-family residential Belhaven Subdivision AZ-07-01 I& PP=07-U16 PAGE 9 CITY OF M'ERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TH.E HEARING DATE OF FEBRUARY 19, 2008 development. Please see Extubit D for detailed analysis of facts and findings for a preliminary p}at. Dimensional Requirements of the R-4 zone per UDC Table 11-2A-5: All proposed lots meet the dimensional requirements of the R-4 zone for property size and street frontage. Lot sizes range from ~;8~ 8,096 square feet (or 8:~9 0.20 of an acre) to ~4;434 14,719 square feet (or 9:~-3 0.34 of an acre). All lots shall meet the minimum setback & maximurn building height requirements stated in UDC 11-2A-5 and #6h above. Settlers Canal: There is a 30-foot wide irrigation easement that runs along the north and east boundaries of the swbject development. This easement is for the Settlers Canal. This area will be used as open space with a 5' pathway adjacent to the canal. The ap.plicant is proposing to sod this area. ..~~, ;a., ,.c ~~„ ~ . ~ •a c ~~. ~ ..~ ~ ~ . After .,.,.. ... .. ., .. , . reviewing the revised Preliminary Plat, Staff recommends that additional trees be planted within common Lot 5, Block 1 located on the eastern side of Lot 4, Block 1 and on the northern side of Lot 6, Block 1, outside of the Settler's Canal easement. The applicant will be responsible for installing a minimum of two trees within the Lots 2-11, Block 1 and Lots 1-5, Block 3, adjacent to the Settler's Canal easement and the pathway, as proposed. Trees shall be planted in accordance with UDC 11- 3B-12. Furtl-er, a License Agreement should be entered into between the developer and the irrigation district allowing t6e pathway to be placed in a common lot; said pathway shall be maintained by the Homeowners' Association and the trees shall be maintained by the lot owner. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. NOTE: A condition of approval for Volterra Subdivision was dling of the Settlers Cana~ However, the first applicandowner to submit a final plat application to the City for property adjacent to the~Canal shall be responsible for the tiling. Landscaping: The landscape plan submitted for this projeet, prepared by Treasure Valley Engineers, labeled Sheet LP 1.0, dated 8~9~ 12/07 shall be modified as follows: • Perimeter fencing type and details should be shown on the plan for final plat review; please revise plan accordingly. , , u..rc ,.., ae..:,...;..,. .,a,,..~;,,.. ..a : ..ie..,.~.,.:..,. ., ~,..e,,.:,.., ....a .,...:.:,.,..:,._ . o > >~ ..1.,.. 4:... ~L.e e ..s:« •.. 're ~L..,t • .f C aL.e ~~e~ F A,f'~' a' r b oo~~ oif~ico ci:ac~viivrj7arr~rccavrrvo~IIrnz-~iargacivn ~at:-The subject site is an existin~ tree farm with a large number of mature trees. 'Tlie UDC re.guires any tree over 4 inches in caliper to be miti~ated for Due to the large number and caliper of trees on this site Staff beTieves it would be a hardsliip for the developer to rnitigate for all of the existing trees The appIicant is wi~lling to relocate some of these trees on the site wherever ~ossible. Several of the trees are to remain on common Lot 4 Block 2 Staff believes this would provide a~ood location for a picnic area for futw~e residents of the subdivision. Due to the location of the mature on the site in relation to the prop.osed lots, Staff believes the applicant should retain a rninimum of 4.mature trees on Lots 1-3, Block 2 and Lots 1-4 Block 1 as well. If theses chan~es aze made Staff is supportive of the appl.icant's request• Belhaven Subdivision AZ=07-011 8i PP-07-U16 PAGE ]0 CITY OF MERIDIAN RLANIVfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 • Additional trees with a rninimum 2 inch caliner should be planted on the south side of the micro-path on Lot 5 Block 1 located on the east side of Lot 4 Bloek 1 and north of Lot 6 Block 1(located outside the draina~e easement) Pathwav landscapinQ should be in accordance with LJDC 11-3B- 12. . • The proposed 95 feet of eathway between lots 4 and 5. of Block 3 should be have a minimum 5 foot wide landscape st~ with deciduous trees nlanted everv 35 linear feet Landscaping shouid be done in accordance with UDC 11-3B-12C. • A written eertificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted to the Planning Department up.on completion of the landscaping prior to Certificate of Occupancy for the site. All standards of installation showld ap.ply as listed in LTDC 11-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Common Areas/Open Space: The applicant has provided 0.68 of an acre (10%) of landscaped usable o.pen space, meeting the 10% minimum required by iJDC 11-3G-3A-1. Staff believes the applicant should s6orten the length of the proposed cul-de-sac to the west and incorporate more open space within the development. Said cul-de-sac shall still provide enough street frontage for the adjaeent lots. If this change is made, Staff finds that it meets the qualifications for open space per UDC 11-3G-3. Maintenance of all common areas shali be the responsibility of the Belhaven Subdivision Homeowners Association. Drainage: A seepage bed for stormwater drainage is stlown on , Lot 5, Block 2. No trees shall be planted over the seepage beds. All storm drainage facilities shall comply with the standards listed in UDC 11-3B-11, Stormwater Integration. Proposed Streets and/or Access: One access point from N. Black Cat Road is proposed to this subdivision. Internal public streets are proposed with 36-foot wide street sections within 50 feet of right-of way with cwb, gutter and 5-foot wide attached concrete sidewalk; with tlie exception of E. New Haven Street. T`he applicant is proposing a 40 foot right-of way for New Haven Street. Any future development to the south of the subject site will be responsible for constructing the additional 10 feet of road uriprovements. , One stub street for future connectivity should be provided at the south boundary, from N. Sun Haven Avenue and one stub street should be provided at the north boundary, from N. Fir Haven Avenue, as proposed. Except for E. Spring Haven Street, access to N. Black Cat Road is prohibited. Staff is supportive of the proposed access point to the subdivision and the nurnber of stub streets provided to adjacent parcels for future connectivity. Pressure Irrigafion: '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 we11 source is not available, a sing:le-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payrnent of assessments for the comr-mon 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 LTDC 11-3A-15 Belhaven Subdivision AZ-07-O11 & PP-07-U16 PAGE 11 CITY OF M'ERIDIAN PLANNING DEPARTMENT STAFF RE~PORT FOR THE HEARiNG DATE OF FEB~RUARY 19, 2008 and 1VICC 9-1-28. Fencing: As part of the approval. for Volterra Subdivision, perimeter fencing along the north and east boundaries of the subject site was proposed. Existing fencing is shown on the landscape plan however; fencing is not being proposed with this application. Staff is requesting the applicant to clarify, at the public hearing, if any fencing is proposed around this site. If fencing is not installed, the applicant should be responsible for installing the perimeter fencing around the entire property. The appl~icant is currently working with ACHD to allow fencing along the southern boundary within ACHD's right- of-way. The applicant shouid submit a detailed fencing plan with the final plat a.pplication for the subdivision. All perimeter fencing must be installed prior to issuance of building per-nits. If permanent perimeter fencing is not installed, temporary construction fencing should be installed prior to issuance of building permits for the subd'ivision. Fenci~ng should taper down to a 3 foot maximum within 20 feet of all rights- of-way. Ali fencing shall be installed in accordance with UDC 11-3A-7. b. Staff Recommendation: Based on the above anaiysis, Staff finds that applications AZ-07-O11 and PP-07-016 substantially conform to the Cornprehensive Plan policies and UDC standards. Staff recommends approval of A~07-O11 and PP-07-016 for Belhaven Subdivision, as presented in the Staff Report for the hearing date of December 20, 2007 and continued frora October 4, 2007, subj.ect to t6e Findings of Fact listed in Exhibit D and subject to the conditions of approval listed in Exhibit B. The Meridian Planning & Zoning Commission heard these items on October 4. 2007 and December 20,. 2007. At the aublic hearin~ the Commission moved to recommend aavroval of the subiect AZ and PP request At the nub ic hearinw the Council aonrove the cubiect AZ ans~ PP reauest. 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Prel~uninary Plat, prepared by Treasure Valley Engineers, labeled Sheet P-1, dated ~/9-'~11/07 (New plat inserted in the staff renortl. 3. Landscape Plan, prepared by Treasure Valley Engineers, labeled Sheet LP 1.0, dated 8~8~12/07 (New landscape vlan inserted in the staff report). 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code Belhaven Subdivision AZ-U7-01 I& PP-U7-U16 PAGE 12 CITY OF MERI°DIAN PLANNING DEPARTMENT STAFF REPORT FOR TME WEARING DATE OF FEBR'UARY 19, 2008 A. Drawirrgs 1. Viciruty Map Exhibit A $GALE 1 : 600. Q.~ - .~.~ `.+00 0 b00 1.000 1,300 FEET • ` CITY OF MERI.DIAN PLAM~IING DERARTMENT STAFf REPORT FOR THE HEARING DATE OF FEBRUARY }9, 2008 2. Preliminary Plat ~_~ «, ~., ~ ' eiuv ou1o'aoe ~ ~ r~~ ~s 1VldAWNINUl3Ud omvev ~ a u o e g <<' •~ d~ 53U.El3dOtld N33M~ 3'10d NOISIAIO9f15 N'dAtlH'Yd8 mWPCS30 . .. LW ~B ~N .. yyypp . ~ ~ ~ '~ A~~1~~ 54 i, 9A~g4@~e. ~g~iy~ a. B o~~ 8:of a 9 ~"0~~~~~ ~i ~ ~i~e~I~9~e~~~EBimm~~l~E66B6:i~~~~6II~9llii~a~§~9~~~~8~~~~~ oiQ~... ~~i~ ;i iIIi i ~ ~ i~IT~ ~1. ll ~. 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'~ .~ ~ •C > t6 L~ a~ m -d~ d. ~' ~ ~'. ~ ~: C ~; U .C O .G ~ N C ~ :. ~p ~ ~ ~: ,.r ca vr ca (6 p: ~ ~' ~ N' . '~ ~0 ~ :V O ';'~ N=~.Qcd ~~ ~C ~ '~p.~ m ~ ~p t3 p, ~ G C1~ ~t1f` ~ N ..~ ~ ~~ ~v ~a~ ~. s; -c =p ~ T~ ~,O ^ ~ z~. ° ~C w .~:, , , 1 ~y ~ ~~ EXhibit A .~ -~ ~ ~. -- J. : ~ '- .~~,' ~~ ~ . „ . -; _~ I ~'1` ~;,,~ LA ~i \ ~~~~ ': .. ~'. V ~ ~ ^ . ~ ,~ ' 1 ~ ~ ~ ~. `_.~"~ i 1, S ~ '; a ~ t. ; ' ~ ~}~, :' ~~ + ; `` '. ! j ~1 , '~ ~ • . ; ; . ; ~i, ~ ~~ . ~ \ ~~ ' , 5i . ~ CITY OF M£RIDIAN PLAMVING DEPARTMEN~T STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 20U8 ~. N C (/1 O~ ~/1. N ~Q~ ~ ~ +' ~ C N, ~ ~' ~ ~ C ~' L ~. :W ~ s ~ ~+ v~. - c~ c c - ° c 0 •(%f 0 ~~ ~ t `i.y.r ~ ~ •~.. ii, cn -~ a. c a v~~ :~'ca ~ o ~'~ ~D m ~ .=. Q U . O 'a ~: (n. ""' ~ ~ (~ C ` ~~ y. O 'v1 U '` . ~ ~ ~ U ~ C~ ~• .tn ~ C O. ~ :C ~ O ~ ~ ~ t '`' N m ~ .~ ,p ,O m~Mi~. , p ~O Wlt. ~ ~ ~ ~ . . ~~ ----- Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF FEBRUARY 19, 2008 B. Conditions of Approval 1. PLANNING DEPARTMENT ~ 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with tlie application (prepared on December 15, 2006, by David Sanford Short, Jr., PLS) shows the property as contiguous to the existing eorporate boundary of the City of Meridian. 1.1.2 Prior to the annexation ordinance approvai, a Development Agreement sha~ll be entered into between the Ciry of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contaet the City Attorney, Bill Nary, at 888-4433 within 6 months of Council approval to initiate this process. The DA shall include, at a rninimum, the following information: The developer should construct homes on the site that are in substantial compliance with tlie elevations swbmitted with this annexation application (AZ-07-O11). The appl.icant shall construct homes on the site that contain the fo}lowing design features: gable rooflines facing the street, shutters, substantial pillars with substantial bases accented with brick/stone, and covered porch areas. The applicant shall construct hornes on the site that contain the following building materiats: wood lap siding and/or stucco with rock/stone accents along the front facade. • A rninimurn of four single-farnily building types shall be submitted to allow for a diverse mix of floor plans and elevation variety within the proposed development. 1.2 STTE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet P-1, prepared by Treaswe Valley Engineers, dated 8{9~ 11/07, is approved with the conditions listed herein. All cornrnents and provisions of ,the accompanying Annexation and Zoning application (AZ-07-O11) and the development agreement for this site shall also be considered conditions of the Preliminary Plat (PP-07-016). 1.22 The landscape plan prepared by Treasure Valley Engineers on ~ 12/07, and labeled Sheet LP 1.0 sha1l be modified as follows: Perimeter fencing type and details shall be submitted during final plat review; please revise plan accordingly. e€ eeiil~E3e33 ~~e~s~, ~""~_vv~ci-aiiv-~-(coc~i'~° •ac~ci °:vo'rmi~vge-ea'3eiilei~~~-ra~~3wa~~ai~se~iixg . Additional trees with a minimum 2. inch caliper shall be planted on the south side of the paChwav on.Lot 5, Block l located on the east side of_Lot 4, Block 1 and north of Lot 6. Block 1(located outside the draina~e easement). In addition, the applicant shall instail a rninimum of two trees within the 5 feet of Lots 2-11, Blo.ek 1 and Lots 1-5., Biock 3, adjacent to the Settler's Canal easement and the pathwav, as proposed. Each propertv owner of said lots shall be res~onsible for maintaining a. minimum of two trees within 5 feet. of the northern,provertv .boundary of those lots adjacent to the Settlers Canal easement. Pathwav landscapin~ shall be in accordance with UDC 11-3B-12. Exhibit B CITY OF MERIDIAN PLANN°ING DEPARTMENT STAFF RERORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 The proposed 95 feet of pathwav between lots 4 and 5 of Block 3. shail be have a minirnum of 5 foot wide landscape strip with deciduous trees planted every 35 linear feet. Landscaping shall be done in accordance with UDC 11-3B-12C. The applicant shall retain a minimum of 4 mature trees on Lots 1-3. Block 2 and Lots 1-4, Block 1, maintain the existin~ trees. on Lot 4, Block 2.as ~onosed and add a. picnic azea to said lot. If four mature trees are not .retained on the lots noted above. the aonlicant shall plant a minimum of six 2" caliper trees for each of the four mature trees remove.d from said lots. Per UDC 11-3B-10, the appficant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and rnitigation plan for the existing trees on site that are not part of the tree farm. Subrnit a letter (plan) prepared by the City Arborist with the final plat application. A written certificate of completion should be prepared by the landscape architect, desi.gner, or qualified nurseryrnan responsible for the landscape plan. All standards of instal:lation 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 modifications . as proposed by Staff. The preceding modifications and notes should be shown on a revised landscape plan subrnitted with the final plat application(s). 1.2.4 Prior to signature of tlie final plat by the City Engineer, tlie applicant shall submit a signed license agreement with Settlers Irri~gation District which allows the construction and use of a rnicropath on the north and east sides of this plat. 1.2.5 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. Either permanent perimeter fencing or temporary construction fencing shall be installed prior to issuance of building perrnits for the subdivision. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. All fencing shall be iristal~led in accordance with UDC 11-3A-7. 1.2.6 Maintenance of all cornmon areas shall be the responsibility of the Belhaven Subdivision Homeowners Association. 1.2.7 Except for E. S.pring Haven Street, access to N. Black Cat Road is prohibited; a note shall be added to the face of the fmal plat. 1.2:8 Per iJDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shal'1 be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIREMENTS-PRELIMIIVARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of tlie subdivision pursuant to UDC 11-3A-17. Exhibit B C1TY OF MERI.DIAN PLANNING DEPARTM•ENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 1.3,2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the prirnary source. If a surface or well souree is not avai'lable, a single-point connection to the culinary water system shal'1 be required. If a single-point connection is utilized, the developer wili be responsible for the payment of assessrnents for the common areas prior to signature on the final plat by the City Engineer. An undergound, pressurized irrigation system should be installed to all landscape azeas per the approved specifications and in aceordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 A detailed landseape 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 appl:icant has submitted a preTiminary landscape plan and where staff has reviewed such plan, the landscaping shail be consistent with the preliminary plan with modifications as proposed by staff. 1.3.5 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. 1.3.6 Staff s failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the ap.plicant of responsibi:lity for compliance. 1.3.7 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 planned to be in Black Cat Road. The applicant shall be responsible for constructing sewer rnain along the projects frontage .The City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 No interirn or temporary lift stations shall be allowed on this property. 2.3 Water serviee to this site is being proposed via extension of mains planned in Black Cat Road. At this time these mains do not exist and the City of Meridian is not currently planning to insfall these mains. The City of M~eridian held a meeting on 9/24/2007 with the surrounding property owners to discuss the possibility of forming a partnership to construct a 12 inch water main in the N Black Cat Road in conjunction with the N Black Cat Sewer project. The City of Meridian does not guarantee water service in the timelines outlined in the iJDC 2.4 The applicant shall install sewer and water mains to and through this subdivision; appl•icant shail coordinate rnain size and routing with the Public Works Department. Minimum cover over sewer rnains 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. 2.5 The Applicant. will be r.esponsible to instal.l water and sewer service stubs to 5230 N Black Road. 2.6 The applicant shall comply with the Department of Environmental Qualities Best Managernent Practice with cal'ls for 20-feet of separation between an infiltration trench and any building foundation. If necessary a special set~back shall be depicted on the fmal plat. • 2.7 Any potential reimbursement agreements must cornply with all requirements of City Code 9-1-13 Exhibit B CITY OF M£R7DIAN PLAMV~ING DEPARTMENT STAFF REPORT FOR THE H£ARING DATE OF FEBRUARY 19, 2008 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan ap.proval. The detailed agreement with the reimbursable amount shali be approved by Council prior to plat signature. 2.8 The applicant shall provide a 20-foot easement for al'1 public water/sewer mains outside of the publie right of way (include all water services and hydrants). 2.9 The appl.icant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private systern, plans and specifications wil°1 be reviewed by the Public Works Department as part of the construction plan review. A"draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then a letter of plan approval shall be submitted prior to scheduiing of a pre-construction meeting. 2.10 The City of Meridian requires that pressurized irrigation systerns be supplied by a year-round source of water (U~DC I 1-3A-6). The applicant should be required to use any existing surface water for the primary source. If a surface source is not available, a single-point connection to the cul'inary water system shal~l be required. If a single-point connection is utilized, the developer wi11 be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.11 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.12 Merid'ian Public Works speci.fications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adj.ustments to achieve this separation requirement and comply with all landscape requirements. 2.13 Any existing domestic well system within fhis project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (2U8)898-5500 for inspections of disconnection of serviees. Wells may be used for non-dornestic purposes such as landscape irrigation if approved by Idaho De.partment of Water Resources Contact Robert B. W}utney at (208)334-219U. 2.14 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9=4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.13 Per UDC 11-3A=6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the azea being developed shall be tiled. Plans will need to be ap.proved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, 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 ap.plying for building permits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required unprovements prior to signature on the final plat. These include but are not limited to, fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 All development improvements, including but not lunited to sewer, fencing, micro-paths, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RERORT FOR THE HEARING DATE OF FEBRUARY 19, 2U08 pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 It shall be the responsibility of the applicant to enswre that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.19 Applicant shall be res.ponsible for application and compliance with and NPDES Pernutting that rnay be required by the Environmental Protection Agency. 2.20 Applicant shall be responsible for appl.ication and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate rnailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfi.ll, where footing would sit atop fill material. 2.23 The engineer shall be required to certify that the street centerline elevations are set a minirnum of 3=feet above the highest established pealc groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residentiai streets. Two-hundred and fifty watt higli pressure sodiurn streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetfights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 4.00' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit frorn Building DeparEment prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. Intemational Fire Code Ap.pendix C. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4'/2" 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 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construetion or additions to existing buildings within 1,000 feet of the project. Exhibit B CITY OF M.ER9'DIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEA•RING DATE OF F•EBRUARY 19, 2008 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved tum around on streets greater than 150' in length with no outlet. 3.5 All entrance and internal roads and al~leys shall have a turning rad'ius of 28' inside and 48' outside radius. 3.6 Operational fire hydrants, temporary or permanent street signs and aecess roads with an all weather surface are required before combustible construction is brought on site. 3.7 The roadways shall be built to AC~ID standards cross section requirements and shall have clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than a 33' shall have parking only on one side. These measurements shall be based on back of cwb. The roadway shall be able to accommodate an imposed load of 75,00 GVW. 3.8 Where a portion of the faci•lity or building hereafter constrwcted or moved into or within the jurisdiction is more than 400 feet (122 m) frorn a hydrant on a fire appazatus access road, as measured by an approved route arownd the exterior of the facility or building, on-site fire hydrants and mains shal'1 be provided w~here required by the code official. For buildings equipped throughout with an approved automatic sprinlcler 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 spr~inkler system installed in accordance with Section 903.3..1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 Contact the Police Department regarding the fencing along the Settler's Canal. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (LTDC 11-3B-10) wil°1 be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HICHWAY DISTRICT 7.1 SPECIFIC CONDITIONS OF APPROVAL 7.1.1 Dedicate 23 additional feet of right-of way, to total' 48-feet, from fhe eenterline of Blaek Cat Road abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Comrnission or prior to issuance of a building pernut (or other required permits), wluchever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of way from avai~lable Corridor Preservation Funds. 7.1.2 Construct a 5-foot wide concrete sidewalk located 41-feet frorn the centerline of Black Cat Road along the entire site frontage. Exhibit B CiTY OF MERIDIAN PLANNING DEPARTM.ENT STAFF REPORT FOR TME HEARING DATE OF FEBRUARY 19, 2008 7.1.3 Locate one ent_ry road on Black Cat Road ap.proximately 125-feet north of the southwest property line (measured property line to centerline) 7.1_:4 Construct the entry road as a standard 36-foot street section within 50-feet of right-of way complete with curb, gutter and 5-foot wide attached concrete sidewalk. 7.1.5 Construct the internal roadways as 36-foot street sections within 50-feet of right-of-way cornplete with cwb, gutter and 5-foot attached concrete sidewalks. 7.1.6 Construct a stub street to the north, North Fir Haven Avenue, located approximately 385-feet west of the northeast property line (measured property line to centerline). This stub street shall align with and connect to a previously approved stub street within Voiterra Subdivision to the north of this site. The actual alignment of these stub streets is required (measured centerline to ~ centerline). 7.1.7 Construct E. New Haven Street as a half section within 40-feet of dedicated right-of way consisting of 24-feet pavement, with curb, gutter and 5-foot attached side walk on the north side, and a minimum 3-foot gravel shoulder/drainage swale on the south side. Allow for connection of this section with future stub streets to the south. 7.1.8 Construet a stub stree.t to the south, Sun Haven Avenue, located approxirnately 25-feet west of the southeast property line (measured property line to centerline). A sign shall be instalted at the terminus of the stub street stating that, "THIS ROAD WTL.L BE EXTENDED IN THE FUTURE. 7.1.9 Black Cat Road is classified as an arterial roadway: all access points to Black Cat Road will be closed except the access specifi.cally approved with this application: direet lot access to Black Cat Road is prohibited and should be noted on the final plat. 7.10 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITION:S OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.22 Private sewer or water systems are prohibited frorn being located within any ACHD roadway or right-of-way. 7.2.3 Al'1 util:ity relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged cwrb, gutter and sidewalk and any that may be damaged during the constxuction of the proposed development. Contact Construction Services at 387-628U (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. '7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the DistricYs Utility Coordinator at 387=6258 (with f le numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standazds and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all i~mprovement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pernuts), which incorporates any required design changes. ~ Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF RERORT FOR THE HEARING DATE OF FEBRUARY 19, 2008 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the 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 wiChin AC~ID right-of way. The applicant shall contact AC~ID 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 ap.proval shall be valid unless they aze 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 appTication, 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 ti~me the change in use is sought. 8. CENTRAL DISTRICT HEALTH DEPARTMENT 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 82 Central sewage and central water plans must be submitted to and approved by the Idaho DeparCment of Environmental Quality. 8.3 Run-off is not to create a mosquito breeding problem. 9. SETTLERS' IRRIGATION DISTRICT 9.1 All imgation/drainage facilities along with their easements must be protected and continue to function. Contact SID for any additional requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A Iicense agreement MLJST be signed and recorded prior to construction of any SID facilities, or within its easernents. 9.4 Any changes to the existing irrigation system such as reloeation, water delivery, tiling, and landscaping must be approved by Settlers' Irrigation District's Board of Directors. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to service all lots with irrigation water. Exhibit B CITY OF MERIDIAN PLAMVING DEPARTMENT STAFF REPOR? FOR THE MEARING DATE OF FEBRUARY 19, 2008 C. Legal Description & Extubit Map Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR TME HEARING DATE OF FEBRUARY 19, 2U08 ~ 6 ~ .~~. • • ) : . . •.. . ...: .... . PABCE4.D8SQtS[?lO1V. .. . .. .. 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FLAAVEN SUHDIOISIOId LEGAL A ;PQR7YON.• .OP''7HE T -1/2 S1I..1'/d 09 ~$&C'I90N '2`- 7'OWNSHI.P.- Q NOR7'H,, R11NCE .T ~Y~S7;.'B07SE 3~+AtD1AN. _ ,ADA C013W1Y,. '-IDAHO 2006 ~t' ~ s~M.y6c . ' . _.. .ia.. .fil i at. .- ~~~". 'o ~ I S y .J ~ W ~ a Q ~ 2 tN N r. -' tJ SO P ~~ ~ ~. ~ . fp G( f ,~m ~ ' ~ ~3 Q. ~. . ~ ~` ~ .6 `Pa ~*. ~~~ ~ v ~ ~ . ~ `d~,; . S ~~ ~~. `. a . I ~~Q't~ ~i~1A ~~ . '?.t)liOON , y~. ~~I:~IS ~. ayM` 'i : •~! ' ~ 0 ,~ ~~0 . 0* ~ ~ ~~BD. SA~. ~. ~ ~ a . ~ x~. ~ ~~ ~ ~ _ .. o , U~~~~j{~ ~aWds. v~er~':a+me~ x ~ ., ~IIY,adl.~~ ltPf01898~t.N. . ~. ,~rs ~ ~c~,:-. : . ^iv ~ro ~ . _. 3 ~WO~ --'.i''!.'H7v18 '$e ~ iCri:isa~a ~~~• ~ ~ iPtnA:mie~-aites y~,,~((,~ '(fl~:feJ:Rt7l.. Ag ! ~ ru.~ma) iss~at• . . 3J . . .mmiljs~mkr~uptrmear~: . . . .._. ... :AI~~•F3lR~•'~~ .... ._. . . . YLS71' OJJR .OSB .SJlS ~~:7fqu!oeVaD.W.~trmviceem ~ Exhibit D CITY OF MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR TWE HEARING DATE OF FEBRUARY 19, 2008 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendaNon from the Commission, the Council s6a11 make a full investigation and shall, at the public hearing, review the application. In order to grant an aanexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies wit6 the applicable provisions of the comprehensive plan; The applicant is proposing to zone al~l of the subj ect property to R-4. The City Council finds that the proposed zoning rnap amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically tlie purpose statement; The City Council finds that single-family residential detached dwellings are allowed within the requested zoning district of R-4 as principal pernutted uses. The accompanying plat demonstrates the development will provide for a range of housing opporlunities with the variety of lot sizes proposed. 3. The map amendment shall not be materially detrimental to the pubiic heaith, safety, and welfare; The City Council finds that tlie proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Corrunission and Council rely on any oral or written testirnony that may be provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within t6e City including, but not limited to, school districts; and, ~ The City Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest of the City (IJDC 11-SB-3.E). The City Council finds that ali essentiai services will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The ap.plicant is proposing to develop the land in general compliance with the City's Cornprehensive Plan, and this is a logical expansion of the City li~its. In accordance with the findings Iisted above, The Commission tinds that Annexation and Zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In consideraNon of a preliminary plat, combined preliminary and final plat, or s6ort plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in subsEantial compliance with the adopted Comprehensive Plan. The Commission supports the proposed density and Exhibit D CITY OF MERID(AN PLAMd.ING DEPAR'TMENT STAFF REPORT FOR TME HEARING DATE OF FEBRUARY 19, 2U08 proposed plac layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of tlie Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed develo.pmeut; The City Council finds that public services can be rnade available to accommodate the proposed development. (See Exlubit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision wil~l not require the expenditure of capital improvernent funds. ' 4. There is public financial capabiGty of sup.porting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comrnents and Conditions, for more detail.) 5. The development will not be detrimental to the public 6ealth, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Counci~l or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any publie testimony that may be presented to deternune whether or not the pro.posed subdivision may cause health, safety or environmentai problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. The Ciry Council is unaware of any natural, scenic, or historic features on ttus site. Therefore, the Ciry Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Cornrnission and Council reference any public testimony that may be presented to determine whether or not the proposed developrnent may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Exhibit D