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Staff Report
Item #4C, D: Bainbridge Subdivision (RZ-13-005; PP-13-011) Application(s): - Rezone - Preliminary Plat Size of property, existing zoning, and location: This site consists of 191.30 acres, is currently zoned R-8 & L-0, and is located on the south side of W. Chinden Blvd, between N. Ten Mile & N. Black Cat Roads. Adjacent Land Use & Zoning: North: Chinden Blvd.; and future commercial and residential uses in Jayker Subdivision, zoned C-N & R-15 East: N. Ten Mile Road; a church, zoned L-0; & residential properties, zoned R-4 & R1 in Ada County South: Future commercial & residential uses in Volterra Subdivision, zoned R-4 & L-0 West: Vacant/undeveloped property, zoned R-8; Black Cat Road; rural residential/agricultural uses, zoned RUT in Ada County & R-4 History: This property was previously included in preliminary plats for Bainbridge &Keego Springs Subdivisions in 2005. Bainbridge is still valid while Keego Springs has expired. Summary of Request: The applicant proposes to rezone 5.85 acres of land along the north boundary of the site adjacent to Chinden Blvd from the L-0 to the R-8 zoning district. The proposed R-8 zone is consistent with the MDR FLUM designation for this site. A church was originally planned for this area but ultimately was constructed on the east side of the development adjacent to Ten Mile Road. The current DA requires CUP approval of all future uses on preliminary plat Lots 2 & 3, Block 15 which is the L-0 zoned portion proposed to be rezoned and the surrounding R-8 portion planned for residential development. The applicant intends to apply for an amendment to the DA to remove this requirement. Staff recommends when the DA is amended that the existing provisions in the Keego Springs & Bainbridge DA's be incorporated into a new DA which would replace the existing DA's. A preliminary plat is proposed consisting of 551 single-family residential building lots & 55 common/other lots on 191.30 acres of land in an R-8 zoning district. A phasing plan was not submitted. Access is proposed via a Broadbent Way, a collector street, off of Chinden and Ten Mile. Local streets are provided for internal access and from Black Cat. Staff is concerned with the configuration of the lots & access to these lots at the southeast corner of the site and would like the applicant to address the plan for this area. The area to the south is zoned for commercial uses & a public stub street is not shown. Street buffers in accord with UDC standards are proposed along Black Cat, Chinden, Ten Mile, and Broadbent. A segment of the City's multi-use pathway system is required along Chinden. A total of 31.66 acres (or 16.55% of the site) is proposed for open space consisting of detached sidewalks w/parkways, street buffers, a large open grassy area, and a 7.43 acre public park that has been dedicated to the City. Nine site amenities are required to be provided based on the area of the development. The applicant proposes to provide pedestrian pathways leading to & around the public park; an additional 5% open space; amulti-use pathway along Chinden; fitness stations; sports courts; picnic areas; and 2-3 play structures. Building elevations showing a variety of styles have been submitted that appear to be of quality design and materials in accord with the City's design guidelines for residential developments. Comprehensive Plan FLUM Designation: Primarily MDR w/ a small portion designated for Civic uses Written Testimony: Mike Wardle (response to the staff report) Staff Recommendation: Approval w/conditions Notes: STAFF REPORT TO: FROM: SUBJECT: Hearing Date: July 18, 2013 Planning & Zoning Commission Sonya Wafters, Associate City Planner 208-884-5533 Steve O'Brien, Development Analyst II 208-887-2211 ~E IDIZ IAN?- ~J Bainbridge Subdivision - RZ-13-005; PP-13-011 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The property owner, Brighton Investments, LLC., has applied for a rezone (RZ) of 5.85 acres of land from the L-O to the R-8 zoning district. A preliminary plat (PP) is also proposed consisting of 551 single-family detached residential building lots and 55 common/other lots on 191.30 acres of land in an R-8 zoning district for Bainbridge Subdivision. See Section IX of the staff report for more information. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ 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. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers RZ-13-005 & PP-13-011, as presented in the staff report for the hearing date of July 18, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers RZ-13-005 & PP-13-011, as presented during the hearing on July 18, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers RZ-13-005 & PP-13-011 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 generally located on the south side of W. Chinden Boulevard, between N. Ten Mile Road and N. Black Cat Road, in Section 27, Township 4 North, Range 1 West. (Parcel #'s: SO427110021;SO427120620;50427120917;50427120920;50427131310;50427141402; 50427131460;50427141820;50427212411;SO427212450;SO427223600;SO427223700; 50427142323;50427141200) B. Owner(s): Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 Dallas & Karen Hess Bainbridge Subdivision RZ-13-005; PP-13-011 PAGE 1 6948 Spurwing Way Meridian, ID 83642 C. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 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 rezone and 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: July 1, and 15, 2013 C. Radius notices mailed to properties within 300 feet on: June 20, 2013 D. Applicant posted notice on site(s) on: July 3, 2013 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently being farmed and consists of agricultural property, zoned R-8 and L-O. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Chinden Blvd.; and future commercial and residential uses in Jayker Subdivision, zoned C-N and R-15 2. East: N. Ten Mile Road; a church, zoned L-O; and residential properties, zoned R-4 and R1 in Ada County 3. South: Future commercial and residential uses in Volterra Subdivision, zoned R-4 and L-O 4. West: Vacant/undeveloped property, zoned R-8; N. Black Cat Road; rural residential/agricultural uses, zoned RUT in Ada County and R-4 C. History of Previous Actions: This site was previously included in preliminary plats for Bainbridge and Keego Springs Subdivisions. • The Bainbridge property received the following approvals: - Annexation and zoning (AZ-OS-001) of 152.68 acres of land with R-8 and L-O zoning. A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 109061598; - Preliminary plat (PP-OS-002) consisting of 389 single-family residential building lots, 22 common/other lots, one church lot, and one lot to be developed/re-subdivided in the future; and - Conditional use permit/planned development (CUP-OS-002) consisting of single-family Bainbridge Subdivision RZ-13-005; PP-13-011 PAGE 2 residential homes, a future neighborhood park, and a church with reduced minimum lot frontages, and lot sizes, and an increased maximum block length. - Several time extensions have been approved for preliminary plat in order to obtain the City Engineers signature on a final plat (TE-06-001; TE-07-013; TE-09-014; TE-10- 029; and TEC-13-002). The last time extension expires on March 13, 2015. - Final plat (FP-09-006) for Bainbridge Church Subdivision consisting of one building lot and 2 common/other lots on 5.02 acres of land. This plat has been recorded. • The Keego Springs property received the following approvals: - Annexation and zoning (AZ-OS-058) of 50.41 acres of land with R-8 zoning. A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 106141058; - Preliminary Plat (PP-OS-060) consisting of 177 single-family residential building lots, one school lot, and 12 common/other lots on 50.41 acres of land. - Time extension (TE-08-009) on the preliminary plat in order to obtain the City Engineer's signature on a final plat. The time extension expired on December 27, 2009. D. Utilities: 1. Public Works: a. Location of sewer: Coordinate with Public Works for routing, location, size, and depth of sewer main. This includes the trunk line portion. b. Location of water: Coordinate with Public Works for routing, location, and size. c. Issues or concerns: Current engineered drawings are needed in order for Public Works to do an in depth analysis for water and sewer. This is per a "New Application Report" received by Development Services on 7/9/13 and signed by Assistant City Engineer Clint Dolsby, PE and initialed by Assistant City Engineer Kyle Radek, PE. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated on the Comprehensive Plan Future Land Use Map (FLUM) primarily as Medium Density Residential (MDR) with a small portion designated for Civic uses. 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. The purpose of the Civic designation is to preserve and protect existing and planned municipal, state, and federal lands for area residents and visitors. This category includes public lands, law enforcement facilities, post offices, fire stations, cemeteries, public utility sites (excluding ACHD), public parks, public schools, and other government owned sites within the Area of City Impact. The plat contains 551 single-family residential building lots at a gross density of 2.9 dwelling units per acre which falls slightly under the low end. of the desired density in MDR designated areas of 3-8 units per acre. Land fora 7.5 acre City park site has already been dedicated to the City centrally within the development on the largest area designated for Civic uses. The two other Civic designated areas are proposed to develop with single-family residential lots. 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): Bainbridge Subdivision RZ-13-005; PP-13-011 PAGE 3 • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.O1E) The proposed low-medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of rural low density and urban medium density residential properties. • "Provide housing options close to employment and shopping centers." (3.07.02D) The proposed residential development will provide housing opportunities in close proximity to the new Fred Meyer shopping center at the northeast corner of Chinden & Linder and a little further away to the Village at Meridian & Meridian Crossroads developments at Fairview & Eagle and the shopping center at Ustick and Eagle. Future employment and shopping centers are also planned on Ten Mile Road in close proximity to the interchange. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.0X) Street buffer landscaping is required adjacent to W. Chinden Boulevard, N. Black Cat Road, N. Ten Mile Road and all collector streets, 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 in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively. • "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) A 35 foot wide landscape buffer will be required along W. Chinden Boulevard, N. Black Cat Road, and N. Ten Mile Road, all entryway corridors, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) The proposed single family residential development should be compatible with existing adjacent residential, agricultural, and church uses. • "Require common area in all subdivisions." (3.07.02F) The applicant is required to provide a minimum of 10% qualified open space as set forth in UDC 11-3G-3. The plat depicts 16.13% (or 31.1 S acres) of qualified open space in compliance with this requirement. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.O1F) The proposed development is contiguous to the city and city services are available to be extended to the site upon development in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Residential Districts: 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. The medium-density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. Bainbridge Subdivision RZ-13-005; PP-13-011 PAGE 4 B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists 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 Tables 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 Tables 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- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone: The applicant has applied to rezone 5.85 acres of land that fronts on Chinden Boulevard from the L-O to the R-8 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designations of MDR & Civic for this area. The land proposed to be rezoned was originally zoned L-O for the construction of a church. The church was ultimately constructed on the east side of the development at the southwest corner of W. Broadbent Drive and N. Ten Mile Road where residences were previously proposed. Because L-O zoned property is no longer needed for a church on Chinden, the applicant proposes to rezone the property to R-8 for single-family residential lots. The current development agreement (DA) for Bainbridge Subdivision requires all future uses on Lots 2 and 3, Block 15 (as depicted on the former preliminary plat) to obtain conditional use permit (CUP) approval. Lot 2 is the L-O zoned portion proposed to be rezoned and Lot 3 abuts the south and west boundaries of Lot 2. The previous preliminary plat depicted Lot 3 as one large lot planned for future residential development. The applicant is required to either obtain CUP approval of the proposed single-family residential lots on the former Lots 2 and 3, Block 15; or, apply for an amendment to the DA to remove this requirement. The applicant wishes to revise the DA to remove the requirement. Staff recommends that when the DA is revised, that the existing DA's for Keego Springs and Bainbridge developments be replaced with a new DA that includes all of the applicable provisions from both agreements and any new provisions into one DA A revised DA should be approved by Council and recorded prior to submittal of the first final plat application. Preliminary Plat The proposed preliminary plat consists of 551 building lots and 55 common/other lots on 191.30 acres of land in the R-8 zoning district. The proposed plat is consistent with the provisions of the existing DA's for this property. The majority of the site, approximately 147 +/- acres, was annexed with Bainbridge Subdivision in 2005; the remainder of the site, approximately 50 +/- acres, was annexed with Keego Springs Subdivision in 2005. The preliminary plat for Bainbridge Subdivision is still valid and expires on March 13, 2015; the preliminary plat for Keego Springs expired on December 27, 2009. There is a 4.9 acre parcel (Parcel #50427234000) at the southwest boundary of the site that was originally included in the Keego Springs preliminary plat. It is now owned by the Meridian Joint School District No. 2 and is not included in the proposed plat. This property was split off from a Bainbridge Subdivision RZ-13-005; PP-13-011 PAGE 5 larger parcel and a new deed recorded on December 15, 2006. Because this parcel was not legally created through the subdivision process, staff recommends it be included in the subject preliminary plat so that it may be eligible for building permits in the future. There is also a 70-foot wide +/- strip of land that lies at the east boundary of the site between the church property and the Johnson property located at 5745 N. Ten Mile Road that was annexed as part of the original Bainbridge development and is still owned by the applicant. Because this strip of land is part of the larger parcel to the west, Staff recommends this land be included within the boundaries of the plat. Because the preliminary plats for Bainbridge, Keego Springs, and Volterra (to the south) all came in in 2005 and have all undergone changes since that time, staff is concerned that the proposed stub streets may not align with stub streets approved in Volterra Subdivision. Therefore, staff recommends prior to the City Council hearing that the applicant provide a revised plat that depicts the approved street layout for Volterra where it abuts the site. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.6 for the R-8 zoning district. There are several lots with street frontage on cul-de-sacs or at approximately a 90° angle that do not meet the minimum 30 feet street frontage required by UDC 11-2A-3B; some of these lots are accessed off of common drives that are depicted as common lots and have no street frontage. Note: Staff is considering a text amendment to the UDC which may allow for common driveways to be placed in common lots; if an amendment to the UDC is approved prior to submittal of the final plat application, the lot configuration as shown may be allowed. There are also a few lots that do not meet the minimum 50 feet street frontage requirement. The aforementioned deficiencies should be addressed on a revised plan. The minimum property size in the R-8 district is 5,000 square feet; all lots appear to comply with this standard. The minimum block length allowed in residential districts is 750 feet in length without an intersection street or alley; where a pedestrian connection is provided, the maximum block face may be extended up to 1,000 feet. Blocks 9 and 31 exceed 750 feet in length; revise plans accordingly to comply with this requirement. A minimum 35-foot wide street buffer is required adjacent to N. Black Cat Road, N. Ten Mile Road, and W. Chinden Boulevard, all designated as entryway corridors into the City; and a minimum 20-foot wide buffer is required along W. Broadbent Way (and any other collector streets), designated as a collector street, as proposed. A 15-foot wide buffer is proposed along the north side of Broadbent with this plat; the additional 5 feet will be provided with development of the property to the north. Landscape islands are depicted on the plans to separate the street knuckles from through traffic. The UDC no longer requires these islands at the request of ACHD and the Fire Department for maintenance and emergency access reasons. Therefore, staff recommends these islands be removed from the plans. Access: Access is proposed on the plat via one access point from Chinden, Ten Mile and Black Cat roads. Several stub streets are proposed to the west and south for future extension and interconnectivity. Acollector street, E. Broadbent Drive, is proposed along the northeast boundary of the subdivision which will provide access to future development to the north at the corner of Ten Mile and Chinden. The stub street, E. Eynsford Way, stubs to the south to a common area proposed in Volterra Subdivision; this stub needs to be removed. Comments have not yet been received from ACHD on this application. Bainbridge Subdivision RZ-13-005; PP-13-011 PAGE 6 Multi-Use Pathway: UDC 11-3H-4C.4 requires a 10-foot wide multi-use pathway to be constructed along W. Chinden Boulevard (SH 20/26) within a public use easement. Prior to signature on the first final plat, the applicant is required to submit a public pedestrian easement to the Planning Division for approval by City Council and subsequent recordation. Noise Abatement: Traffic noise abatement is required to be provided for residential uses adjoining state highways. Staff recommends the landscape plan be revised to include a berm or a berm and wall combination in accord with the standards listed in UDC 11-3H-4D. Open Space & Site Amenities: A minimum of 10% of the total land area of the site is required to be provided for open space in accord with UDC 11-3G-3A; the requirements for qualified open space is defined in UDC 11-3G-3B. The plat consists of 191.30 acres; therefore, a minimum of 19.13 acres of qualified open space is required to be provided. A total of 31.66 acres (or 16.55%) of open space is proposed with the plat, consisting of parkways along the internal local streets, street buffers along the collector street (E. Broadbent Drive), 50% of the street buffers along the arterial streets (Chinden, Ten Mile, and Black Cat), a 7.43 acre public park, and open grassy areas (50' x 100' or greater in area). In accord with UDC 11-3G-3A.2, a minimum of 9 site amenities consisting of quality of life, recreation, and pedestrian or bicycle circulation system amenities are required to be provided with this development in accord with UDC 11-3G-3C. The applicant is proposing a pedestrian pathway leading to and around the public park; and an additional 5% of open space above the required amount; no other amenities are shown on the plan. The applicant is required to provide 7 additional site amenities in compliance with this requirement. The 7.4 acre public park has been dedicated to the City and is proposed to provide community open space and recreation facilities for citizens of the City of Meridian. The park is proposed to develop at a minimum with a parking lot, sidewalks, walking paths, playground equipment, picnic facilities, tennis courts and restrooms which will be owned, operated and maintained by the City. Landscaping: If the unimproved street right-of--way along Ten Mile, Black Cat, and Chinden is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. Parkways: Landscaped parkways are depicted on the landscape plan along all roads in the proposed subdivision in accord with UDC 11-3A-17. Sidewalks: Sidewalks are required along all public streets as shown on the landscape plan, in accord with UDC 11-3A-17. Detached sidewalks are required along all arterial and collector streets. Waterways: The McMillan Lateral runs along the southern boundary and through the southwest portion of this site. Several other ditches traverse the site. Per UDC 11-3A-6A, all waterways are required to be piped or otherwise covered with development of the site. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.4. These elevations depict a variety of styles and building materials and are consistent with existing homes in Paramount Subdivision. Bainbridge Subdivision RZ-13-005; PP-13-011 PAGE 7 In summary, Staff recommends approval of the proposed rezone and preliminary plat request with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 4/30/13) 3. Proposed Landscape Plan (dated: 5/29/13) 4. Proposed Building Elevations for Residential Homes B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Rezone D. 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Y CH BN • ayiw a*r ~, Ni w ^ w. ~a+ w Y cw eN Y fw N ~' . w rv tae lLJ"" t NP Ae~, YnN~tl! fl '!Y~ `n C 9 b M t ~ ~ q wOLLVO N .k i-i 'eM dB rn+i D lw P W O x P<. w ~o Vare r. rG~ .+T r rv l tro CJf~ ^ Y., ~~µ,xv~c h„A.. u l~ e N n P .n . a 1.8f1l~SCAPB f~8t1 ~" ~~ ~~ ___ _ _ . 1 ~~ ~ ~. i_~~s~~'-- .'.. -- _ - -- i,., ~, iI i .~ .~ m N a c Exhibit A Page 7 4. Proposed Building Elevations for Residential Homes Exhibit B - 2 - Exhibit B - 3 - Exhibit B - 4 - B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Rezone Comments 1.1.1 The development agreement (Instrument # 109061598) requires all future uses on Lots 2 and 3, Block 15 (as depicted on the former preliminary plat for Bainbridge Subdivision) to obtain conditional use permit approval from the City. Therefore, prior to submittal of the first final plat application, the applicant shall either obtain CUP approval of the proposed single-family residential lots in the referenced area; or, obtain approval of an amendment to the DA to remove this requirement. The applicant has stated that they would prefer to modem the DA. Staff recommends the existing DA's for the Keego Springs and Bainbridge developments be replaced with a new DA that includes the applicable provisions from both agreements and any new provisions applicable to this development. The amendment should be approved by Council and recorded prior to submittal of the first final plat application. 1.2 Preliminary Plat -Site Specific Conditions of Approval 1.2.1 The preliminary plat shall be revised as follows: a. All lots shall comply with the minimum street frontage requirements listed in UDC Table 11- 2A-6 for the R-8 zoning district or UDC 11-2A-3B for properties with street frontage on cul- de-sacs, approximately 90° angles, flag properties or properties sharing a common driveway. b. Common driveways are required to be in an easement rather than a common lot, per UDC 11- 6C-3D.8. If'an amendment to the UDC occurs prior to submittal of the final plat application(s) that allows common driveways to be placed in common lots, this may not be required. The applicant shall comply with the UDC requirements in effect at the time of final plat submittal. c. Revise Blocks 9 and 31 to comply with the minimum block length requirements listed in UDC 11-6C-3. d. Revise note #5 as follows: ""°'~~^~~'^~ ^^^°~~ +^'^+° ^'^^^ In accord with UDC 11-3A-3, direct lot access to W. Chinden Blvd/U.S. Hwy 20-26, N. Ten Mile Road, N. Black Cat Road, and E. Broadbent Drive is prohibited unless specifically allowed by Ada County Highway District and the City of Meridian." e. Remove all islands in street knuckles. f. Include the 4.9 acre parcel (Parcel #50427234000) owned by the Meridian Joint School District No. 2 at the southwest boundary of the site in the proposed plat. g. Include the 70-foot wide +/- strip of land that lies at the east boundary of the site between the church property and the Johnson property (Parcel #50427142323) in the proposed plat. h. Revise note #4 as follows: "Lots 1 & 19, Block 1; Lots 1 & 15, Block 2; Lots 1 & 6, Block 5; Lots S7 X12 -817 & x}28, 3-829, 4342 &4443, Block 6; Lot 1, Block 7; Lots 11, 12, and 25, Block 9; Lots 1, 16, and 22, Block 10; Lot 1, Block 12; Lots 1 and 17, Block 14; Lots 1, 3, and 7, Block 15; Lots 1, 3, and 7, Block 16; Lots 1, 4, and 7, Block 17; Lot 1, Block 18; Lots 1, 3, and 7, Block 19; Lots 1, 2, and 15, Block 20; Lot 10, Block 21; Lot 1, Block 22; Lots 1 and 11, Block 23; Lots 1, 2, and 26, Block 24; Lot 6, Block 25; Lot 18, Block 27; Lot 16, Block 28; Lots 1 and 20, Block 31; Lot 1, Block 32; Lot 7, Block 33; and Lots 1 & 2, Block 34 are designated as common/landscape area lots and will be owned by the homeowners association and/or assigns." Exhibit B - 5 - i. Depict the approved preliminary plat layout for Volterra Subdivision where it abuts the subject property in a light line type to ensure stub streets line up with approved stub street locations in Volterra. j. Include micro-paths in Block 6 to the school property from the east and the north. Also, include amicro-path connection to the common area (James Park) in Volterra Subdivision to the south. k. Depict irrigation easements as applicable on the face of the plat. 1. Remove the stub street, N. Eynsford Way, which stubs at the south boundary to Volterra Subdivision. Prior to the City Council meeting, the plat shall submit a revised preliminary plat that includes the revisions noted above in #f, #g, and #i. 1.2.2 The landscape plan shall be revised as follows: a. Revise the landscape plan in accord with the applicable revisions to the plat referenced above in condition # 1.1.2. b. Depict minimum 5-foot wide detached sidewalks along N. Black Cat and N. Ten Mile Roads in accord with UDC 11-3A-17. c. Depict a minimum 10-foot wide multi-use pathway along W. Chinden Boulevard in accord with UDC 11-3H-4C.4. d. Include a minimum 5-foot wide pedestrian pathway through Lot 6, Block 25 with landscaping in accord with the standards listed in UDC 11-3B-12C. e. Include a berm or a berm and wall combination in accord with the standards listed in UDC 11-3H-4D for traffic noise abatement from Chinden Boulevard (SH 20/26). If a wall is proposed, include a detail of the wall. £ Depict the edge of pavement on the plan. If the unimproved street right-of--way along Ten Mile, Black Cat, and Chinden is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. 1.2.3 Submit a copy of the Warranty Deed and an Affidavit of Legal Interest signed by the Joint School District No. 2 for inclusion of Parcel #50427234000 in the Bainbridge Subdivision preliminary plat. 1.2.4 Submit a public use easement to the Planning Division for the multi-use pathway adjacent to W. Chinden Boulevard prior to submittal of the first final plat application. 1.2.5 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. 1.2.6 The applicant shall provide a minimum of nine (9) site amenities in accord with the standards listed in UDC 11-3G-3C and a minimum of 31.66 acres (16.55%) of common open space that meets or exceed the standards set forth in UDC 11-3G-3. Prior to the Commission meeting, the applicant shall provide details as the site amenities being provided. 1.2.7 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11-3A-6A, unless left open as a water amenity or linear open space in accord with UDC 11-3A-6A.2. Exhibit B - 6 - 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC 11-2-A-6. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to Chinden Boulevard, N. Ten Mile Road, N. Black Cat Road, and N. Broadbent Way is prohibited. 1.3.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.3.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.5 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. 1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.3.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.13 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. 1.3.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-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. 1.4.2 All common. open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-OS-001, development agreement (Instrument No. 109061598) & AZ-OS-058, development agreement Q. 1.4.4 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. 1.4.5 The applicant shall have an ongoing obligation to maintain all pathways. Exhibit B - 7 - 1.4.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.7 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. Exhibit B - 8 - 1.5 Process Conditions of Approval 1.5.1 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. 1.5.2 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 11-SC-3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.4 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 or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.5.5 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. 1.5.6 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. 2. PUBLIC WORKS DEPARTMENT 2.1 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 The applicant shall be responsible to install two water connections to any phase containing more than 30 lots. The applicant shall also 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 City 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, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.5 All existing structures that are required to be removed 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 City Engineer prior to final plat signature. Exhibit B - 9 - 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 constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount 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 may be required by the Army Corps of Engineers. 2.15 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 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. 2.19 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. 2.20 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 an 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. 2.21 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. 2.22 1.00 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Exhibit B - 10 - Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.23 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. 2.24 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 form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.25 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this 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 (ffC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/z" 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'. f. 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. Exhibit B - 11 - 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 GVW, per International Fire Code Section 503.2. 4.7 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 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 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 50 homes, as set forth in International Fire Code Section D 107.1. The two entrances should be separated by no less than '/2 the diagonal measurement of the full development as set forth in International Fire Code Section D 104.3. The applicant shall provide a stub street to the property to the (west/easbnorth/south). 4.12 Building setbacks shall be per the International Building Code for one and two story construction. 4.13 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 surface 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 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.14 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.15 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 4.16 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.17 As set forth in International Fire Code Section D 103.3, the Fire Department is opposed to any landscape islands in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the court. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The applicant has dedicated a 7.4 acre park to the City for a neighborhood park. The Parks Department requests the applicant work with the City to determine each party's responsibilities Exhibit B - 12 - for provision of amenities within the park site. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. Exhibit B - 13 - 8. IDAHO TRANSPORTATION DEPARTMENT ~[l ANp ~ ~ '"$ f*rroH ate Jtmse i2, 2013 IpANQ TRAN~PpRTATI~DN pEPArr7MENT 1?.Q. fax x;728 t~t71fi4, t~ 8~70~-21378 G2'fd8} 334-8300 {ttl.i~ahn. gov Machelle Hill I1+fttidian City Clerk's Office 33 East Idaho Ac~enue Meridian, Idaho 83642 tZ4 F.:11L4IL Re. RZ13-005 and PFl3-OIl for tLe Bainbrid8e Snbdirision The Idaho Transportation Department bas ret^iewed the referenced rezone and preliminary plat application far the proposed Bainbridge Subdirisoa on LTS 20-26 west of Ten Mile Road IT'D has the following comments: I) ITD has no objection to the rezone and prehmraary Plat applications. ITT) preciously rec7ewed the earlier design of this subdic~isie~n and the new site design generates similar traffic vahimes. 2) The US 20-26 intersection with Tree Faun Way has preciously been caarstrtrcied and the traffic signal is operatianal_ The appficaffts should coordinate the thangt ire signal operations arith tlx Ada. County Highway District staff. Any change in the intersection design will recpnre approval by the Idaho Transportation Departmmt- 3} The site plan shows Tree Farm Way as the only approach to US 20-26. No additional approaches to tJS 20-26 are recita~ed or approved wide application. 4) ITT) currently maintains 40-ft of right-of-way samth of the section line_ The site plan does not identify itie planned right-of-a~ay for US 20-26. TTD requires a mininurm of 70-ft south of the section lira. This will protide 140-ft of total right of way and allow a future six-lie roadway_ This ri&ht-of-cvay is only sufficstnt for the futarc roadway. An additiona130-ft of right-ofvray is necessary if the City of Mtaidian requires sidewalk, landscaping ar roadway lighting within the corridor. 5) The applicants should be reminded that commercial and advertising signs are not permitted within the TIT) right-o€-way. 6) The applicants sheaxld bt remffided flat nay la~scaping or noise bums abutting US 24-26 shapld not interftre cc iffi the aahual Hove of surface water or rem-off. If you hoer nay questions, yon may co~atact Matt 'b'ard at 334-8341 oa au at 334-8377. Sinctre~ly, "' Dave Szpkrr I}ec~elopmrnt Strvices Manager dac-e.szplett;`u}itdidaho.~o4 Exhibit B - 14 - C. Legal Description & Exhibit Map for Rezone w ~ ~r~~ r Yuri r.AND GaaUP, rNG Date:l4fay 24, 2413 I~taject TVa. 1134 t ~- t3AiNBRIDGE SU8bIV1514N R-8 RE24NE OESCRIPTIOFt A parcel of tend bcated in the NE iJ4 of the NW 1J4 of Settfon 27, F. 4 N., R.1 W., B.M., Meridian, Ada County, k~aho and t;eing mare particularly described as fottaws. Commenting at ttre secton comer common to Sections 22, 23, 26 and 27 of said T. 4 N., P, l 1N.; Thence South 40'24'42" West, 2633.66 feet on the section tine common to said Sections 26 and 17 to the 1f4 Section Corner common to said Sections 26 and 27; Thence iNorth 89°21'06" West, 2651.42 feet on the east-west mId-section 1Nne of sa kt Section 27 to the Center 1(4 Sectk+n Corner of said Section 27; Thence North 89"24'14" West, 1324.91 teet on the east-raESt mkt-section line of said Becton 27 to the Center-West iJi6 th Suction ~arnerof sold Section 27; Thcrrcrt North 00°27"i9" East, 1318,77 fret on the vuesterly boundary Nne of fire SE 1/4 of the NW 1/4 of said Section 37 to the Northwest corner said SE 1/A of the FiW 1 fA; Thence South 89°i&'S4" East, 334.18 feet on the nartlrerty boundary line of saki SE 1J4 of fire NW 1/4; Thence North 00°Z6'33" East, 3318.56 Meet to a paint on the Section tine of ski Sections 2Z and 27; Thence South $9°17'17" East, 345.44 feet an the section tMe cornrnor- to said Sections 22 and 27 to the Rlc/lt P{11NT OF 6t:GtNNINMG; Thence continuing South 8'1"17'17" East, 611.22 feet em said section line; Thence leaving said section line, South 04°42'31° West, 142.26 feet M a point of turves Tfrerke 29.81 feet on tl-e arc of a curare to the left, said curve having a radhrs of 142A4 feet, a antral angle of li;°44'34" and a etrord dl~ance eef 29.74 feet which hears South 47°39'46" East; Thence South 16°02'04" East, 14.65 feet to a point of turves Thence 23,80 feet on the arc of a erxve to the right, saint nave having a radius of 78.011 feet, a Central angle of 17°21'48" and a chary! distance of 23.7i feet which bears South 47°17"29"' East w a point of compound curve; Thence 246.16 feet on the arc of a curve to the right, mid carve havMg a radius of 1868.73 feet, a Clntral angle of Q6°19'16" and a chord distante of 246.06 feet which bean South 04°36'42" West; Thence Alartlr 89°17°29" West, Gtt7.16 feeC Thence North 0!7'26'53" East, 414,76 feet to the yea! paint. of beginning. Sa1d paroei contains 5.85 acres mare or kss. t'REpAREfl 9Y: THE CAPID CsRf)lJP,1NG. lames R. wasfihurn, PtS tNdrt 4-Q Zero tksa,dac ~tcl( Exhibit B - 15 - °-~.--- ~ ~ ~ ~ -. 7aY'B r .v,~.°-__ ____----._...--_ *.~ioluv~ RfliNrlT~Ib) -wrltXESR '~aQL x. ,xF 4x'i+ntr.~~ ..- ~_ ~~ FP-..._V-n'.,_p~--•.~ -l~jrF-'- _ -.~ ..°~!!i .; ~ _ ""'~ ' '^ 4 ~ ~\ \ ~ ~ ' `, +( 2 I ~ RR6 ZGlrE \~ !r ~ ~ ~ ~ \ ri I I } \ \ 1 I ~ Ii 1; ~ ~ ~\ ~ r r F- rr !i 1- }~ m ( i.kle Tebb Q ~p~wT REIANG LEkG1H U . !y+l7fTY ttl!' ~E rI j •n~ iio ®~a5r 7$ ~ ~ R s '~ ~ REZUNE ~XHI81T ~ ~ _ "' '~ ~ ~.I,.e... , .~ 1 a,r~ rma gD1FNT {~~ RAQJS CfTa Grl IFfA OV 9RG +~ 7W~` IfCA It'a ~Y b0.ilY lTiYsb'R t'~ YSID n.IOR Ir1bkT 3Y}1' S7Y1Yb'E :8 lifl6 Vpd.7d 65f5b° 7nDf" SAN+YM Exhibit B - 16 - D. Required Findings from Unified Development Code 1. Rezone 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 rezone a 5.85 acre portion of the subject property from the L-O to the R-8 zoning district. Staff finds that the proposed map amendment is generally consistent with the MDR and Civic FLUM designations for this property. Therefore, Staff 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; Staff finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff 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. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff 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 (UDC 11-SB-3.E). Staff finds rezoning 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; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject properly upon development. (See Exhibit B of the Staff Report for more details from public service Exhibit B - 17 - 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, Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff 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 for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council or Commission's attention. ACHD and ITD consider road safety issues in their analysis. Staff recommends that the Commission and Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. Exhibit B - 18 -