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Paramount North MDA-12-003 MFP-12-001CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C~~~E IDIAN~-- IbAHI`~ In the Matter of Development Agreement Modification to amend the Recorded Development Agreement and Final Plat Modification to Modify Note #11 on the Final Plat for Hollybrook Subdivision, Located West of N. Arrowwood Way, North of E. UstickRoad, by Kevin Howell Construction. Case No(s). MDA-12-003 and MFP-12-001 For the City Council Hearing Date of: July 3, 2012 (Findings on July 17, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 3, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 3, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 3, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 3, 2012, 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 (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-003 and MFP-12-001 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 3, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for development agreement modification and final plat modification is hereby approved per the conditions of approval in the attached staff report for the hearing date of July 3, 2012, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (LJDC 11-SB-3D). A modification to the development agreement maybe initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (iJDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 3, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-003 and MFP-12-001 -2- By action of the City Council at its regular meeting held on the ~ day of , 2012. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~~~~~ Mayor Ta 1 de Weerd Attest: o4nT$D ccs~ 3 3`e X90 City of $ IDIAN aycee H n, City Clerk ~unxo m n SEAL Copy served upon Applicant, The Planning Itnre ublic Works Department and City Attorney. By. Dated: ~ - 1 Ci 'ler c s i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-12-003 and MFP-]2-001 -3- STAFF REPORT Hearing Date: July 17, 2012 ~+ T T /~ ~T TO: Mayor & City Council (~1=i 1~1L"11 V ~~'' FROM: Sonya Wafters, Associate City Planner I B A H O 208-884-5533 SUBJECT: AZ-12-002;PP-12-006-Paramount North. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The property owner, Brighton Development, Tnc., has applied for annexation and zoning (AZ) of~58 10_03 acres of land with an R-8 zoning district and a preliminary plat (PP) consisting of 77 single- family detached residential building lots and 36 common area lots on 26.&752 acres of land in an R-8 zoning district for Paramount North Subdivision. A portion of this site, 16.49 acres, was previously annexed into the City; 138 10_03 acres is proposed to be annexed with this application for a total of 26-.97 26_52 acres. See Section IX of the staff report for more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Plannine & Zonine Commission heard these items an June 7, 2012. At the public hearine, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearine: i. In favor: Mike Wardle ii. In opposition: None iii. Commentine: None iv. Written testimony: Mike Wardle (in aereement w/staff report) v. Staff presentine application: Sonya Waters vi. Other staff commentine on application: None b. Ke v Issue(s) of Discussion by Commission: i. None c. Ke v Commission Chanee(s) to Staff Recommendation: i. Strike condition #1.1.1 as recommended by staff as the applicant has revised the plat; ii. As recommended by Staff, add a new condition (#1.1.9) reguirine the landscape plan submitted with the final plat application to be revised to include the additional area included in the annexation boundary at the northwest corner of N. Meridian Road & W. Producer Drive. d. Outstandine Issue(s) for City Council: i. None HI. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-12- 002 & PP-12-006, as presented in the staff report for the hearing date of July 17, 2012, with the following modifications: (Add any proposed modifications). Paramount North AZ-12-002; YP-012-006 PAGE 1 Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-12-002 & PP-12-006, as presented during the hearing on July 17, 2012, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ-12-002 & PP-12-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located west of N. Meridian Road midway between W. Chinden Boulevard & W. McMillan Road, in Section 25, Township 4 North, Range 1 West. (Parcel #'s: 50425110400; 50425131760;S0425417420;50425142110; & S0425142225) B. Owner(s): Brighton Development, Ino. 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Applicant: Same as owner D. Representative: Michael D. Wardle, Brighton Development, Inc. 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 21, and June 4, 2012 (Commission); June 25, and July 19, 2012 (City Council) C. Notices mailed to subject property owners on: May 1, 2012 (Commission); June 21, 2012 (City Council D. Applicant posted notice on site(s) on: May 24, 2012 (Commission); Julv 17, 2012 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site is partially zoned R-8 with the remainder zoned RUT in Ada County and consists of vacant land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural property, zoned RUT in Ada County 2. East: Rural residential/agricultural properties, zoned RUT in Ada County 3. South: Residential & vacant properties, zoned R-8; church, zoned L-O Paramount North AZr 12-002; PP-012-006 PAGE 2 4. West: Residential properties, zoned R-8 C. History of Previous Actions: None for the subject property. • A portion of the subject property (16.5+/- acres) was hicluded in the annexation (AZ-03-006), preliminary plat (PP-03-004), and conditional use permit/planned development (CUP-03-008) for Paramount Subdivision approved in 2003. A development agreement (Instrument No. 103137116) was approved as a provision of annexation. • A development agreement modification (MI-07-007) (Instrument No. 107145935) was approved in 2007 that allowed for commercial uses to develop in the C-G and L-O zoning districts without conditional use permit approval. D. Utilities: 1. Public Works: a. Location of sewer: N Fox Run Way and W Producer Dr. b. Location of water: N Fox Rwr Way and W Producer Dr. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are a few existing ditches on this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. VIL COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mediuln Density Residential" (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. Density bonuses maybe considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. A portion of the subject site, 16.5+/- acres, is currently zoned R-8. The remainder, X38 10_03 acres, is proposed to be annexed with an R-8 zoning district. The applicant proposes to develop the site with 77 single-family detached homes at a gross density of 295 2.90 (net density of 3$ 3.78) dwelling units per acre slightly under the target density of the MDR designation. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, aparhnents, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The proposed preliminary plat depicts 77 single family residential building lots on 26.&752 acres of land resulting in a gross density of x:95 2.90 dwelling units per acre, sligh[ly lower than the target density of the MDR designation of 3 to 8 dwelling units per acre. The surrounding property that is part of paramount Subdivision is also designated MDR and zoned R-S. • Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54) Paramount North AZ-12-002; PP-012-006 PAGE 3 The proposed residential development will provide housing opportunities in close proximity to the new Fred Meyer shopping center at Chinden & Linder and a little further away to the Meridian Town Center & Meridian Crossroads developments at Fairview & Eagle. • Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Street buffer landscaping is required adjacent to the collector streets (Fox Rzm & Producer) proposed within this development in accord with the standards listed in UDC 11-3B-7C as shown on the landscape plan. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (11DC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district.. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- farnily dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning The Applicant has applied to annex and zone 938 10_03 acres of land with an R-8 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the FLUM designation of MDR. The annexation request includes two parcels of land; however, the legal description and exhibit map shown in Exhibit C does not include the entire portion of the eastern parcel. There is a 60' x 300' +/- strip that is not included. Staff has spoken with the applicant and the applicant is in the process of revising the legal description to include this area. T/:e nnnezntion legal rlescriution & exhibit man has been revised & is included in Exhibit A. Concept Plan/Elevations: Aconceptual development plan is proposed with this application as shown in Exhibit A.4. Staff has reviewed this plan and found the proposed plat is consistent with the plan. However, the conceptual development plan should be revised (as should the plat) to include the additional area required to be included in the annexation boundary noted above. The concept plan I:as been revised & is included in Exbibit A. Conceptual building elevations for the residential homes were also submitted as shown in Exhibit A.S. Paramount Nonh AZ-12-002; PP-012-006 PAGE 4 Because development of the majority of this site is subject to the development agreement (DA) approved with the original Paramount annexation, staff is not recommending a new DA for the 93S 10_03 acre portion of the site proposed to be annexed with this application. Preliminary Plat A preliminary plat is proposed that consists of 77 building lots on 2Fr.07 26_52 acres of land in the R-8 zoning district for Paramount North Subdivision. A portion of the property, 16.49 acres, was annexed with Paramount Subdivision in 2003; the remainder of the properly is proposed to be annexed with this application. The portion that was annexed previously was included in the original preliminary plat for Paramount as one large 34.9 acre lot for future single-family residential uses. The remaining portion of that lot that is not being re-platted with this application will be re-platted in the future. The conditional use permit/planned development approved for the annexed portion of this site in 2003, allowed block lengths in excess of 1,000 feet; 5,500 square foot (s.f) building lots; 1,301 s.f. dwelling size, exclusive of garage; 50' minimum street frontage; and setbacks as follows: front - 10', rear - 15', side - 5', street side 10'. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the R-8 standards listed in UDC Table 11-2A.6 for the R-8 district and the above noted reduced standards. Thee street frontages for Lots 22 & 25, Block 48 need to be revised to meet the 50' minimum; and a shared driveway will be required to be provided on Lots 7 & 8, Block 48. The boundary of the plat shall be revised to include the area required to be included within the annexation boundary. The preliminary plat has been revised to include the additional annexation area and is incdttded in Exhibit A. Access: Access to this site is proposed on the plat via the existing W. Producer Drive (from N. Meridian Road) and N. Fox Run Way (from Chinden Blvd.). ACHD comments are included in Exhibit B. Multi-Use Pathway: A 10-foot wide multi-use pathway is required to be constructed within Lot 38, Block 48 as shown on the landscape plan attached in Exhibit A.3 within a public use easement. Landscaping is required to be installed in accord with UDC 11-3B-12. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. Open Space & Site Amenities: A minimum of 10% of the site is required to consist of open space in accord with UDC I1-3G-3A; qualified open space is defined in UDC 11-3G-3B. The site consists of 26.452 acres (including the additional annexation area); therefore, a minimum of 2.645 acres of qualified open space is required to be provided. . Additionally, the calculations table shown on the plan shall demonstrate compliance with these standards. hr accord with UDC 11-3G-3A.2, a minimum of two site amenities are required to be provided with this development as defined in UDC 11-3G-3C. The applicant proposes to construct a 10- foot wide multi-use pathway to connect the existing pathway along Fox Run to Meridian Road and a children's play struchire with benches as amenities. In sttntmary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with the recornntended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. Yara~nount North AZ-12-002; PP-012-006 PAGE 5 X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 6/6/12) 3. Proposed Landscape Plan (dated: 4/17/12) 4. Proposed Conceptual Development Plan (dated: 6/6/12) 5. Proposed Building Elevations for Residential Homes B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation D. Required Findings from Unified Development Code Paramount North AZ-I2-002; PP-012-006 PAGE 6 A. Drawings 1. Vicinity Map E~ Exhibit A Page I 2. Proposed Preliminary Plat (dated: 6/6/12) ~_._ ...,.,,., r- _-iii ti°~---~ .. ~J~,~_ I ......,. ~I ~ ~ ~r ~. e• ~u ?' ~~ ~~ ~~r ~' ~ GI I 'rrs~~:_.x.:~s~asa:~ vsses:..r~. ~j J~\~~ I .^ ... ~ ~ I _ .)a~ .~ ~~~~^~ I I. ~I ~ ~ ~~- .„.~.mmm A ._. a Pnrumx ~r vuT pgRRMOUNT NORTH NaglneermNNaRE~a9e, 4LP :» B4:o^~°g~' SUBDIVI90N I^ ~~.~ + P~ N y I - - .. ,.~ _- -• ry e m { i ~ ~ ®,S JJJ a m7m'Cw 1. 0 .~. 1 e /'J X\ ® O 1 ~~ y o .~' to ®, ~.~. o. r I ® ~ ~. I ^ xw r-w ~ it s.. ~ ®.~ ® ® ® ., ~,di d p ® r I m~ ®' O o .J I (~~ ~ 1 O a O.m ~~` I IL m ~ ®: a Oe ~~ o 0 9 -....~~~..a. a e. - __ -- - __-_~ ®~' ®- - P FIINI Y PLAT ~iw &~oOOTlugNalhWae4 LlC ~® +~ PARAMOUNTNORTN .wa nffc^`~~~'w°«n=~v SUBDINSION Exhibit A Pagc 1 3. Proposed Landscape Plan (dated: 4/17/12) ~.... 'A O(7~~ -- ~ __= ~ ~ i ,~ E ~' ~ } _ _ k s \ r ~_ ~ 4 ~ .• ~ ~ s r f ;~~ , ~ ~ ~ 1 --- ~ .~ ~ ~. ~ u- ~. - \ t ~.~'•, ~ ~ _a ----- ALeoaeae~~~n~' ~ Law -; M~_... 1 .v ~ ., ~i~ \ ~ i :~,`~! ~ ss~usvs+~ p`~ .,~ w ~~ I _.~ •~ ~ I ~. x~ ~... ,: '~ _ ~'. -. L ; .,~a ,. ~ . 4~' ~~ ~-~ . ~_ ®_......, a n~' Exhibit A Page 2 4. Proposed Conceptual Development Plan (dated: 6/6/12) a _- .~ ~ ~ ., ~~ ~ gyp, ~ J9~ i c.... r. i , ~', ~, ~j- ,~~~~ - -_ ~~ ~' ~ F ' ~~ ~3 ~ C'~ ~a~ ©q ~~~, ,_~ / ~~, ~~ g; ~~ w~~~°~~~ ~~~ ~ ~ ~~ . ~~ ~~~ a$ ~~ ~ ~~ T' f~ ~ , ~ 1 ~~ ,r ET~ i~ ~ .. ~ ~ of ,- ~ ~~ ~TT~- I' ~ '~' ~ r- _ _ -~ i,~r ~~ / ~ / l I -~,~., .' ,, b ~- ; ~-c, Sao ~~' II `` ~;~, re ~.; ~ z~~~, ~~o ~ ~ ~I ~ ~i' CPVCNT VL41t ,~ ,.«f~ BnglnealugNOrNweeRT,LC i."~`~ ~ "~ ~" PARAMOUNT NORTH - iia'x"'"`tr - ~~~aemr.`ii';' $UDDIVISION `. Exhibit B - 1 - 5. Proposed Building Elevations for Residential Homes Exhibit B - 2 - Exhibit B - 3 - Exhibit B - 4 - Exhibit B - 5 - B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1 } } Tl... «l..t ..1...11 t,e «e..:.....] s,.:.,,.l..,l,. .w,, cn~ ., znn> .ii ...«:.. ,.c t...,a tt,..t o~ro.,,l.. r,. rT~ a:.... n,...a r r f6..a :~ ..........:..w.A ...al. D..«,.el AcnA'tc1 nz77c 1.1.2 Lots 22 & 25, Block 48 on the plat need to be revised to meet the 50' minimum street frontage required by CUP-03-008. 1.1.3 A shared driveway shall be provided on Lots 7 & 8, Block 48. 11.4 A 10-foot wide multi-use pathway is required to be constructed within Lot 38, Block 48 as shown on the landscape plan attached in Exhibit A.3 within a public use easement. Landscaping is required to be installed in accord with UDC 11-3B-12. 1.1.5 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B. 1.1.6 The applicant shall provide a minimutn of two (2) amenities (children's play structure & benches and 10-foot wide multi-use pathway) and 2:64 2.65 acres (10%) of common open space that meet or exceed the standards set forth in UDC 11-3G-3. The landscape plan & calculations table submitted with the final plat shall be revised to reflect compliance with this requirement. 1.1.7 The applicant shall revise the landscape plan to illuminate all pathways through internal common areas with afoot-foot tall bollard style or other appropriate lighting source as set forth in UDC 11-3A-8H. Such lighting shall be shielded from adjoining residences. 1.1.8 Prior to City Engineer signature on the fmal plat, the applicant shall obtain City Council approval of and record a public pedestrian easement for the 10-foot wide multi-use pathways shown on the plat. 1.1.9 The landscape plan submitted with the final plat application shall be revised to include the additional area included in the annexation boundary at the northwest corner of N. Meridian Road & W. Producer Drive. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC 11-2-A-6 unless otherwise approved by CUP-03-008. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W. Producer Drive and N. Fox Run Way is prohibited. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 1.2.6 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.7 Comply with the sidewalk standards as set forth in UDC 11-3A-17. Exhibit B - 6 - 1.2.8 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.2.9 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.10 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.11 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.12 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.13 Comply with all subdivision design and improvement standards as set forth in UDC 1 I-6C-3, includmg but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.14 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.15 Construct amulti-use pathway and install pedestrian lighting and landscaping consistent with UDC 11-3H-4C3. 1.2.16 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC I 1-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3P1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-03-006; PP-03-004; CUP-03-008; MI-07-007; Development Agreement Inst. No. 103137116 & 107145935). 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 71-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. Exhibit B - 7 - 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC ]]-SC-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC ] 1-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years [add date] or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 1.4.7 At such time that the multi-use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is available via extension of mains in N Fox Run Way and W Producer Dr. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is available via extension of mains in N Fox Run Way and W Producer Dr. The applicant shall be responsible to install two water connections dtte to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the Ciry of Meridian. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be requhed. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signatare on the final plat by the City Engineer. 2.5 All existing structures that are required to be rernoved shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian Ciry Engineer prior to final plat signature. Bxhibit B - 8 - 2.7 Any existing domestic well system within this 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 (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 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. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots conshucted, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the aznount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of azi irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2 ] 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of Meridian Depaz-tment of Public Works Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing Exhibit B - 9 - installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the foam of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 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. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 %" outlet face the main street or parking lot drive aisle. b. Fire hydrants 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'. £ Fire hydrants shall be placed 18" above finished grade to the center of the 4'/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, 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 turn around on streets greater than 150' in length with no outlet. 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GV W, per International Fire Code Section 503.2. 4.7 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards acrd Exhibit B - 10 - have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39- feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750' in length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GV W. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.10 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.11 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable sw-face dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GV W as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.12 The fire deparhnent requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.13 As set forth in International Fire Code Section D 103.3, the Fire Department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from fuming around on the end of the court. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 6.2 The applicant shall design and construct the multi-use pathways consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 6.3 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct Heston Street to intersect Fox Run Way approximately 700 feet north of Gable Street with two 21-foot travel lanes, a 12-foot wide center landscape median, curb, gutter, 6-foot planter strips, and 5-foot wide detached concrete sidewalks within 77 feet ofright-of--way, as proposed. The right-of--way shall extend to 2 feet beyond the edge of sidewalk. Bxhibit B - 11 - 7.1.2 Dedicate the 12-foot wide center landscape median on Heston Street as right-of--way and apply for a licensing agreement with the District for the landscaping within the median. 7.1.3 Construct Peppard Avenue to intersect Producer Drive approximately 480 feet west of Meridian Road as a 33-foot street section with rolled curb, gutter, 6-foot wide planter strips, and 5-foot wide detached concrete sidewalks within 58 feet of right-of--way, as proposed. The right-of--way shall extend to 2 feet beyond the edge of sidewalk. Provide the District with written fire department approval for the reduced street section width prior to signatures on the final plat. 7.1.4 Construct all internal local streets as 33-foot street sections with rolled curb, gutter, 6-foot wide planter strips, and 5-foot wide detached concrete sidewalks along both sides of the roadway within 58 feet of right-of--way, as proposed. The right-of--way shall extend to 2 feet beyond the edge of sidewalk. Provide the District with written fire departnent approval for the reduced street section width prior to signatures on the final plat. 7.1.5 Replace the existing curb cut on Producer Drive located approximately 750 feet west of Meridian Road with vertical curb, gutter, and sidewalk to match the existing improvements on either side. 7.1.6 Construct one stub street to the east, Heston Street, located approximately 350 feet east of Fox Run Way and 1,000 feet south of Chinden Boulevard (north of Lot 20 Block 56), as proposed. Install a sign at the terminus of the roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.7 Construct one stub street to the north, Finney Street, located approximately 650 feet north of Producer Drive and 900 feet west of Meridian Road (between Lot 1 Block 56 and Lot 12 Block 49), as proposed. Install a sign at the terminus of the roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.8 Other than the access specifically approved with this application direct lot access is prohibited to Fox Run Way and Producer Drive and should be noted on the final plat. 7.1.9 Payments of impact fees are due prior to issuance of a building permit. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right- of-way. 7.2.3 In accordance with District Policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. ExhibitB - I2- 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 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 (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and constuction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportafion system at that tune. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Exhibit B - 13 - C. Legal Description & Exhibit Map for Annexation Project No. 112036 Y_/, ~' 77tH LAND nXirI1P, INC. Date: Jesse 04, 2012 PAI11AM0[7NT NO[tTH ANNCXATIQN AESCf[~PTlO1V A parcel aCland located in iha SE ll4 ofthe NE 1J4 of Section 25, T. 4 N., R.] W., B. M, Meridian, Ada t'.DUnty, Idaho, mnn+paRictderly described as follows: Cammsneing at the Section Camw common to Sediei>s 25 and 36 of said T, A N„ R. 1 W., and Sections 30 ¢rtd 31 of T. 4 N., R. I E., B.M.; Thence Nanh 00°23'20" East, 2640.13 fod on the sooNan line common fa said Sations 23 and 30 to lhs 114 Seelion Comer common to said Sections 2S and 30, said point being the REAL POINT Or BEGINNING, (from. which point the nord]eesl comer afsaid Sealion 25 boars North 00°25'09" Bast, 2661.10 fast distort); Thence from said lJ4 Section Corner, North 89°277$"' Wosy 1132.44 feet an the east-webl mid-eoerion lint of Bald tlcdion 2i tq lho euathoast comer of that 5.07 Arne lwrcel qC lasrd as slxrwu un Recerd~f--Survey Nttmber 5945 ofAda County Records; Thence North DO° 11'32" East, 655.51 feat on the easterly botutdary line of said 5.07 acts parcel to the rxrrdsweat comer of said partxl; Thebes South 70°41' 13"East, 852.36 fact on the southoriy bosmdary Line of that parael of lend described in peed instrumertl Ntnnbrr 103206801 of Ada County ReeDrd.; w rho northwest comer of that parcel of land described in Dcerl hsstrumcrrt Nmnber 101004177 of Ada County Reoards; Thence South 00°25'09" wit, 321.23 feat on the westerly bosmdary line of said insttumsnt Nnmbar 1 p 1004177 parcel to dte sauthwcst comer of said parcel; Thence South 89°27'28" East, 329.10 feet on the southerly boundary lino ofseid lnsltumant Numbar 101004177 parcel to the swuiharst comer of said parrd, s¢id point being on the Section Line camsnon to said Scetions 25 and 34; Thence South 00°25'09" 30 to rho real point of beginD REVI APPROVAL BY qua a s zmz fad on the SedioD Llne common to acid Sxtions 25 and mains 10.03 otter more or loss, PREPARED DYt THE LAND GROUP, INC. MERIDIAN PUBLIC UVORKS DEPT. SV[e planning • lend9CaA&Af4MrCCtala+lt 962 E. Shell MiV°, Buse 100 James R. Washbnrn,PLS ¢VfSe IrrlRarinn a E~Ineering+GrAphkG Og{Ign • Surveying p 309.079.104] • www.thelanCgrouplne.tom Exhibit B - 14 - a a ---'-T--- ~ •= -- a .~ I -~_ _ ~ s _ o r -rm -~. __.__ s. -~_I ~, J nme-----'---- U ~ ~ ~~ ~o I _1 e 7d'Y ~~ m --~-_T ~~ ~ !~. ~rar a+ M'N PARAMOUNT NORTH ~oNr(nNNwfhWUAI~LO ary~n w rm u TMe rwr r w urnnr e; SUBDIVISION -a..a r.w. e.rn. e.x, w~ rm, wao - ~~ ~ w Exhibit B - 15 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex a portion of the subject property from RUT in Ada County to the R-8 zoning district. The Commission finds that the proposed map amendment is generally consistent with the medium density residential land use designation for this site and the rest of Paramount Subdivision to the west and south of the site. Therefore, the Commission finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-8 zoning district and proposed single-family residential development of the properly is generally consistent with the purpose statement of the residential and district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that maybe provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City ([IDC 11-SB-3.E). The Commission finds annexing this property with an R-8 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Can7prehensive Plan Policies and Goals, Section VII, of the Staff Report for neore infornvalion. Exhibit B - 16 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public Tnancial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented to when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. Exhibit 13 - 17 -