Staff Report PZSTAFF REPORT Hearing Date: November 21, 2013
(Continued from November 7, 2013) E IDIAN~--
TO: Planning & Zoning Commission I D A H O
FROM: Sonya Wafters, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: AZ-13-015; PP-13-030 - TM Creek
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, SCS Brighton, LLC, has applied for annexation and zoning (AZ) of 45.34 acres of land
with C-G (35.82 acres), R-40 (3.94 acres), and TN-C (5.58 acres) zoning districts. A preliminary plat
(PP) is also proposed consisting of 49 building lots and 3 common/other lots on 41.03 acres of land.
See Section IX of the staff report for more information.
II. 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.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the City
Council of File Numbers AZ-13-015 & PP-13-030, as presented in the staff report for the hearing date
of November 21, 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 AZ-13-015 & PP-13-030, as presented during the hearing on November 21,
2013, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ-13-015 & PP-13-030 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 at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the NW
'/4 of Section 14, Township 3 North, Range 1 West. (Parcel #'s: S1214223250; 51214212560;
51214212800)
B. Owner(s):
SCS Brighton, LLC
12601 W. Explorer #200
Boise, Idaho 83713
C. Applicant:
Same as owner
TM Creek AZ-13-015; PP-13-030 PAGE 1
D. Representative:
Michael D. Wardle, Brighton Corporation
12601 W. Explorer #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 annexation and zoning 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: October 21, and November 4, 2013
C. Radius notices mailed to properties within 300 feet on: October 10, 2013
D. Applicant posted notice on site(s) on: October 28, 2013
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned RUT in
Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Franklin Road, agricultural property, zoned. RUT and rural residential property, zoned
Rl in Ada County; and rural residential property, zoned I-L
2. East: Agricultural property, zoned RUT in Ada County
3. South: Agricultural property, zoned RUT in Ada County
4. West: S. Ten Mile Road and agricultural property, zoned RUT in Ada County (a church is
kitty corner to this site, zoned C-N)
C. History of Previous Actions: None
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer main stubs intended to provide service to the subject
property currently exists in S. Ten Mile Road and W. Franklin Road.
b. Location of water: Water main stubs intended to provide service to the subject property
currently exists in S. Ten Mile Road and W. Franklin Road.
c. Re-use pressurized irrigation water: Re-use irrigation water service is currently stubbed
into the subject property along W. Franklin Road.
d. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Ten Mile Creek bisects this site; the Kennedy Lateral runs
along most of the southern boundary; the Vaughan Lateral runs along the northern boundary
at the northeast corner of the site; and a couple of other smaller irrigation ditches cross the
site.
2. Hazards: Staff is not aware of any hazards that exist on this property.
TM Creek AZ-13-015; PP-13-030 PAGE 2
3. Flood Plain: Portions of this project are located in the Meridian Floodplain Overlay District.
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan
(TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which
links to nearby developments. The plan emphasizes the community's support for higher densities and
mixed uses to create a vibrant and economically strong city. The plan also stresses the community's
commitment to good site planning and design as a means of establishing a place everyone can be
proud of and one that protects the interests of future businesses and residents (pg. ix).
LAND USE:
The Future Land Use Map (FLUM) contained in the TMISAP designates the subject property with
the following land use types: Mixed Use Commercial (MU-C) (32+/- acres), Lifestyle Center (LC)
(6.36+/- acres), and High Density Residential (HDR) (3.12 +/- acres).
MU-C: The majority of the site is designated MU-C. MU-C designated areas are intended for the
development of a mix of office, retail, recreational, employment and other miscellaneous uses, with
supporting multi-family or single-family attached residential uses. The horizontal and vertical
integration of residential uses is also essential in this area. This designation requires developments to
integrate the three major use categories: residential, commercial, and employment. Traditional
neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development
should exhibit quality building and site design and an attractive pedestrian environment with a strong
street character. An overall target density of 8-12 dwelling units (d.u.) per (~ acre is desired, with
higher densities allowed in individual projects. No more than 30% of the ground level development
within the MUC designation should be used for residences. (See pg. 3-9 for more information.)
LC: A small portion of the site along the southwest boundary is designated LC. The LC designation
is a specific form of Mixed Use Commercial. LC designated areas encourage a diversity of
compatible land uses in a unified development that includes a mix of retail, professional services,
offices, entertainment uses, civic services, housing and public outdoor spaces. The design and
arrangement of buildings should be oriented to pedestrians. Streetscape improvements should be
provided that create rich and enjoyable public spaces. The target overall average density for
residential uses is 16 d.u./acre, with higher densities of up to 40 d.u./acre allowed. All residential uses
should be above the first floor. Structured parking or heavily landscaped and screened surface parking
is a necessity. On-street parallel, angled head-in parking and the integration of public transit into the
lifestyle center should be considered as options. Community gathering places should be provided to
create a sense of place. (See pg. 3-9 for more information.)
HDR: A small portion of the site along the east boundary is designated HDR. HDR designated areas
are multiple-family housing areas where relatively larger and taller apartment buildings are the
recommended building type. HDR areas should include a mix of housing types that achieve an overall
average density target of at least 16-25 dwelling units per gross acre. Most developments within the
HDR areas should fall within or below this range, although smaller areas of higher or lower density
may be included. HDR areas are relatively compact and are located close to larger MU-C and
employment areas and other intensively developed lands. Design and orientation of buildings should
be pedestrian oriented with special streetscape improvements to create rich and enjoyable public
spaces. A strong physical relationship between the commercial and residential components to
adjacent employment or transit centers is critical. (See pg. 3-7for more information.)
A conceptual development plan showing how the site is proposed to develop was submitted with this
application and is included in Exhibit A.4. A mixed use development is proposed consisting of office
and retail, from service and restaurant pad sites to mid-sized commercial, and high-density residential
TM Creek AZ-13-015; PP-13-030 PAGE 3
uses. A large central common area is proposed adjacent to the Ten Mile Creek that will provide a
public pedestrian facility as an amenity along the creek.
The TMISAP contains a Zoning District Compatibility Matrix which lists the best, possible, and
marginal choices for zoning of the different land use categories based on the zoning districts that
comes the closest to meeting the intent of the land uses in the plan (pgs. 2-3 thru 2-7). The applicant
proposes to rezone all of the LC designated area and the majority of the MU-C designated area with
the C-G zoning district which is listed in the matrix as a possible choice for those areas. The portion
of the site that is designated MU-C and HDR is proposed to be rezoned to the TN-C district which is
not listed as a choice in the HDR area but is listed as the best possible choice in the MU-C area. The
applicant proposes to rezone the HDR designated portion at the southeast corner of the site with the
R-40 zoning district, which is listed as the best choice for that area. Overall, based on the proposed
uses and the matrix, staff finds the proposed zoning choices are consistent with the TMISAP and are
the best choices for this area (pg. 2-5).
TRANSPORTATION: The Transportation System Map and the Street Section Map contained in the
TMISAP identifies a collector street network for the Ten Mile planning area, a portion of which is
designated for this site.
Guidelines from the Plan (S. Ten Mile Road):
South Ten Mile Road exists at the west boundary of the site. Street Section A (see detail below),
represents S. Ten Mile Road. Access is restricted to collector streets. Building should address the
street but should be set back some distance from the roadway edge to provide wide tree lawn and
detached trail to provide security to the pedestrians and bikes. A tree lawn or planting strips should be
provided in all areas. Streetlights should be location in the tree lawn area and should be of a
pedestrian scale while street lights in the median should be designed to meet vehicular needs.
Applicant's Proposal:
The applicant proposes a 35-foot wide landscaped street buffer along Ten Mile in accord with the
plan. An attached sidewalk is depicted on the proposed landscape buffer below which does not
comply with UDC or TMISAP standards.
Staff s Recommendation:
A temporary attached asphalt pathway currently exists along Ten Mile Road. This pathway should be
removed and a new detached 10-foot wide pathway should be constructed within the buffer area some
distance from the roadway. Pedestrian-scale lighting should also be installed within the buffer in
accord with the Plan.
TM Creek AZ-13-015; PP-13-030 PAGE 4
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Guidelines from the Plan (East/West Collector):
An east/west residential collector street is depicted on the Map along the southern boundary of this
site to be constructed in accord with the design shown in "Street Section D" in the Plan (see detail
below). Residential collector streets in the Ten Mile area serve the local access needs of residential,
live/work, and commercial activities within a residential neighborhood or mixed use residential area.
Buildings on these streets have limited setbacks behind the sidewalk and a tree lawn is provided. On-
street parking is also allowed. The Plan recommends a 5-foot dry utilities corridor be provided along
both sides of the street curb; the corridor may not be required if all dry utilities are located in an alley
or other street. Both wet utilities may be located in the street. Streetlights should be placed in the dry
utilities corridor on either side of the street.
Applicant's Proposal:
The proposed plat depicts a collector street (Ten Mile Creek Drive) along the southern boundary of
the site as anticipated on the Map. However, because residential uses are not proposed along the north
side of the street, the applicant is not proposing to construct a residential collector street as called for
on the Map. The proposed street section consists of a 3-lane collector street with a center median.
Staff has compared the street section (D) contained in the TMISAP with that proposed by the
applicant on the preliminary plat (see detail below) and found the following differences: 1) a 14-foot
wide median/turn lane is proposed on the plat; none is shown on Street Section D; 2) no on-street
parking is proposed on the plat; 8-foot wide parallel parking is shown on Street Section D; 3) a 5-foot
wide detached sidewalk is proposed on the plat; a 6-foot wide detached sidewalk is shown on the
Street Section D; and 4) 10-foot wide lawn is shown on Street Section D to separate the sidewalk
from adjacent buildings.
Staff s Recommendation:
Based on the site layout and associated uses proposed by the applicant, a residential street collector is
not appropriate for this area. The proposed street section appears to closely align with Street Section
C (see below) in the Plan minus the median proposed by the applicant.
Street Section C represents the major collector streets. These streets provide access from adjacent
arterial streets into the employment areas. Buildings on these streets are set back from the street at
some distance generally behind a detached sidewalk. A tree lawn should be provided in all areas.
Streetlights should be located in the tree lawn area and should be of a pedestrian scale. A S foot wide
dry-utilities corridor should be provided along both sides of the street curb. The corridor may not be
required if all dry utilities are located in an alley or other street.
Staff supports the applicant's proposed street section with the recommendation the sidewalk is
widened to 6 feet in accord with the sidewalks shown on the street sections in the Plan and streetlights
of a pedestrian scale are provided within the tree lawn area.
TM Creek AZ-13-015; PP-13-030 PAGE 5
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Guidelines from the Plan (North/South Collector):
A north/south minor collector street is depicted on the Map through this site to be constructed in
accord with the design shown in "Street Section E" in the Plan (see detail below). Minor collector
streets in the Ten Mile area serve as the primary retail streets; their character is pedestrian-oriented
and defined by street-level storefronts. Buildings on these streets are built to the sidewalk with 12-
foot wide sidewalks, street trees in wells, and pedestrian scale lighting. Ample on-street parking
supports the businesses within the LC and MU-C areas. The Plan recommends a 5-foot dry utilities
corridor be provided along both sides of the street curb; the corridor may not be required if all dry
utilities are located in an alley or other street. Both wet utilities may be located in the street.
Streetlights should be placed in the dry utilities corridor on either side of the street.
Applicant's Proposal:
The proposed plat depicts anorth/south collector street (Franklin Crossing Ave.) through the site as
anticipated on the Map.
TM Creek AZ-13-015; PP-13-030 PAGE 6
Staff has compared the street section (E) contained in the TMISAP for Franklin Crossing Avenue
with that proposed by the applicant on the preliminary plat (see detail below) and found the following
differences: 1) a 14-foot wide median/turn lane is proposed on the plat; none is shown on Street
Section E; 2) two additional 11-foot wide travel lanes are shown on the plat that are not shown on
Street Section E; 3) no on-street parking is proposed on the plat; 18-foot diagonal parking is shown
on Street Section E; and 3) an 8-foot wide planter with a detached 5-foot wide sidewalk is proposed
on the plat; a 12-foot wide sidewalk with tree grates is shown on Street Section E.
Staff s Recommendation:
The proposed street section appears to closely align with Street Section B (see below) in the Plan
minus the median proposed by the applicant.
Street Section B represents a typical 4-lane parkway. Parkways serve two functions. The parkway can
provide rapid and relatively unimpeded traffic movement throughout the area and carry high volumes
of traffic to mixed use centers. In this capacity, parkways serve as arterial roads and access is
restricted to collector streets. Building should address the street but be set back some distance from
the roadway edge to provide for a tree lawn and detached sidewalk to provide security to the
pedestrian. Parkways may also serve as the entry/spine street portion of a collector that provides the
main access from arterial streets, including right-in/right-out and serves as a focus of activity for
large mixed use or employment centers. As, such, they serve as gateways to these areas and entry
point features should be allowed ,within the right-of--way. A tree lawn should be provided in all areas
as well as a landscaped median. Streetlights located in the tree lawn area and should be of a
pedestrian scale while street lights in the median should be designed to meet vehicular needs. The
Plan recommends wet utilities should be located tivithin the paved area with water and wastewater
lines placed in the center of the same street within a 10 foot separation. Gas lines are commonly
located in the paved area while dry utilities are located back of the curb in the dry utilities corridor.
Because a strong pedestrian oriented focus is essential in the Ten Mile area, staff is of the opinion the
proposed 4-lane roadway and absence of on-street parking is not consistent with the Plan and will
change the desired feel of this area significantly. Therefore, staff recommends the proposed
north/south collector street is constructed consistent with Street Section E and is reduced to 2 travel
lanes with bike lanes, and on-street parking, unless traffic warrants a 4-lane roadway as proposed by
the applicant and determined as necessary by ACHD.
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TM Creek AZ-13-015; PP-13-030 PAGE 7
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DESIGN: The location, scale, form, height, and design quality of public and private buildings and
spaces are integral to the development of the Ten Mile area. The design elements included in Chapter
3 of the TMISAP are intended to serve as the basic framework for projects within this area.
The matrix on page 3-491ists the following design elements (& associated page numbers) as
applicable to MUC, LC, and HDR designated areas: architecture & heritage (3-32); commercial &
mixed use buildings and residential buildings (Street-Oriented Design 3-33); buildings to scale (3-
34); neighborhood design (3-36); building form and character (3-37); building details (3-41); signs (3-
46); and public art (3-47).
The following are some important design elements noted in the Plan:
• Buildings at or close to the property line facing the street -main entrances/facades should be
oriented to the street;
• Buildings should relate effectively to the fronting streets by aligning and being as continuous
as possible;
• Buildings at street corners should "hold the corners";
• The space between a building facade and the adjacent sidewalk should be landscaped with a
combination of lawn, groundcover, shrubs, and trees;
• Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open
their doors & street front windows & use clear glass that allows visual access inwards &
outwards;
TM Creek AZ-13-015; PP-13-030 PAGE 8
• Human-scale design by building entrances placed close to the street, ground floor windows,
articulated facades, appropriately scaled signs and lighting, and awnings and other weather
protection;
• Provide elements that become focal points and announce special places in the Ten Mile area
(gateway & entryway corridor signs, continuous walkways, attractive streetscape design,
avoid parking in front of buildings, landscaping, etc.);
• Architectural character should establish a clear sense of identity for each activity center
through an overall palette for each commercial center while maintaining a degree of
individuality for each building. The palette should address and coordinate key elements such
as materials (walls, roofs, key architectural elements), and colors, etc.;
• Low-rise buildings of 2-4 stories over much of the area is recommended with opportunities
for taller buildings in a few locations;
• For streets & block fronts where commercial uses and pedestrian activity are most desired, it
is recommended that sidewalks be lined with shops, restaurants, and galleries and that
buildings be designed with multiple sidewalk entries, generously-scaled display and transom
windows, pedestrian-scaled signs and banners, and awnings or canopies for sun shading;
• Signs should be designed to contribute to the overall character, identity and way finding
system. Signs should be compatible with the architecture of the buildings and businesses they
identify in colors, materials, sizes, shapes, and lighting.
• Public art that contributes to the character and identity of the City should be incorporated into
the development in the design of streetscapes, plazas, public spaces associated with buildings,
etc. Art should be easily visible to the public (e.g. on the exterior of buildings rather than in
lobbies, or visible from the street or publicly accessible open spaces rather than interior
courtyards).
Staff s Recommendation: Staff recommends development of this site is consistent with the
above guidelines.
GOALS, OBJECTIVES, & ACTION ITEMS:
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, apartments, condominiums, etc.) for the
purpose of providing the City with a range of affordable housing opportunities." (3.07.O1E)
The applicant proposes to include a high density residential component with this development
which should add to the variety of residential categories and contribute to the range of
housing opportunities available within the City
• "Implement the City's Pathways Master Plan to provide a bike and pathways system between
neighborhoods, local collectors, and community destinations." (6.02.O1A)
Several segments of the City's multi-use pathway system are designated on this property
along Ten Mile Road, along the portion of Franklin Road near the Franklin/Ten Mile
intersection and along the Ten Mile Creek. These pathways will provide pedestrian and
bicycle connectivity to and through this development.
• "Provide housing options close to employment and shopping centers." (3.07.02D)
TM Creek AZ-13-015; PP-13-030 PAGE 9
The portion of the site proposed for multi family development will be in close proximity to the
portion of the site proposed for commercial and employment uses.
• "Require landscape street buffers for new development along all entryway corridors."
(2.01.02E)
A 35 foot wide landscaped street buffer is proposed along S. Ten Mile Road, an entryway
corridor, as required by UDC Table 11-2B-3.
• "Improve and protect creeks throughout commercial, industrial, and residential areas."
(S.O1.OlE)
The Ten Mile Creek runs diagonally through this site from the northwest corner to the east
boundary. Approximately 3/a of the length of the creek is proposed to be improved as a water
amenity with a recreational pathway.
• "Plan for a variety of commercial and retail opportunities within the Area of City Impact."
(3.OS.O1J)
The proposed development will provide a variety of commercial, retail opportunities that
don 't currently exist in this area of the City.
• "Incorporate creek corridors as an amenity in development design." (5.09.O1F)
The proposed development incorporates the Ten Mile Creek as an amenity to the
development with landscaping and a recreational pathway.
• "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)
This property is contiguous to land that has already been annexed into the City. Urban
services can be provided to this property upon development.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zones:
• The purpose of the commercial districts is to provide for the retail and service needs of the
community in accordance with the Meridian comprehensive plan. Six (6) districts are
designated which differ in the size and scale of commercial structures accommodated in the
district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways (UDC 11-2B-1).
The purpose of the traditional neighborhood districts is to encourage mixed use, compact
development that is sensitive to the environmental characteristics of the land and facilitates the
efficient use of services. Vertically integrated residential projects are encouraged in all
traditional neighborhood districts. A traditional neighborhood district diversifies and integrates
land uses within close proximity of each other, and it provides for the daily recreational and
shopping needs of the residents (UDC 11-2D-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 low-density residential (R-4) district
allows a maximum gross density of 4 dwelling units per acre (UDC 11-2A-1).
B. Schedule of Use: UDC Tables 11-2A-2, 11-2B-2, and 11-2D-2 lists the principal permitted (P),
accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40, C-G, and TN-C
TM Creek AZ-13-015; PP-13-030 PAGE 10
zoning districts respectively. Any use not explicitly listed is prohibited.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Tables 11-2A-8, 11-2B-3, and 11-2D-5 for the R-40, C-G, and TN-C
zoning districts respectively.
D. Landscaping: Landscaping is required in accordance with the TMISAP along streets.
Landscaping within parking lots is required to comply with UDC 11-3B-8C.
E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non-
residential uses and UDC Table 11-3C-6 for multi-family dwellings.
IX. ANALYSIS
Analysis of Facts Leading to Staff Recommendation:
A. Annexation & Zoning (AZ)
The applicant requests approval to annex & zone 45.34 acres of land with C-G (35.82 acres), R-
40 (3.94 acres), and TN-C (5.58 acres) zoning districts. As discussed above in Section VII, the
proposed zoning is consistent with the corresponding FLUM designations of MU-C, HDR, and
LC. '
The applicant proposes to develop a mixed use project on this site consisting of office and retail,
from service and restaurant pad sites to mid-sized commercial, and multi-family residential uses.
A conceptual development plan was submitted for this site that depicts building pads, parking,
access points, streets, driveways, landscape buffers, easements, and the pathway along the Ten
Mile creek (see Exhibit A.4). Multi-family residential uses are proposed within the R-40 district
at the southeast corner of the site.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and rezoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this
application, staff recommends a DA is required as a provision of annexation with the provisions
included in Exhibit B.
B. Preliminary Plat (PP)
The proposed preliminary plat consists of 49 building lots and 3 common/other lots on 41.03
acres of land. The applicant anticipates the development will be phased; however, a phasing plan
was not submitted with this application. With the first phase of development, staff recommends a
phasing plan be submitted.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards of the C-G, TN-C, and R-40 districts and found the plat to comply with the
applicable standards. Commercial buildings within the TN-C zone are required to be a minimum
of two stories in height. Note: Because the collector streets in the Ten Mile Area are not standard
collector streets and buildings within this area are required to be brought up to the property
line/right-of--way, the standard landscape buffer requirements listed in UDC do not apply the
site is developed in accord with the TMISAP.
Access: The UDC (11-3A-3) limits access to arterial and collector streets to improve safety by
combining and/or limiting access points to such streets to ensure that motorists can safely enter
all streets. Prior to any new, expanded, or extended use or development of the property, where
TM Creek AZ-13-015; PP-13-030 PAGE 11
access is not available to a local street, cross-access/ingress-egress easements are required to be
granted to adjoining properties. These standards apply unless waived by City Council.
Access to this site is proposed on the plat as follows: (1) right-in/right-out, (1) right-in/right-
out/left-in, and (1) full access via W. Franklin Road; and (2) right-in/right-out accesses & (1) full-
access via S. Ten Mile Road. The concept plan depicts an approved traffic signal for the full-
access (Franklin Crossing Ave.) on Franklin Road; the signal will be installed when warranted in
the future. During the recent widening of Franklin and Ten Mile Roads, all of these access
points/curb cuts were constructed. Additionally, deceleration lanes were constructed for the two
accesses closest to the Franklin/Ten Mile intersection on Ten Mile Road; and a deceleration lane
and left-in access was constructed for the access closest to the collector street on Franklin Road.
Based on the Ten Mile Area Access Study prepared by HDR Engineering on behalf of the
Brighton Corporation, ACHD has approved these access points as stated in the letter attached in
Exhibit A. 7. A waiver from City Council is needed for City approval of these accesses.
Two collector streets are depicted on the ACHD 2035 Planning Functional Classification Map to
be constructed across this property -one north/south connection via W. Franklin Road and one
east/west connection via S. Ten Mile Road. The proposed plat depicts collector streets (Franklin
Crossing Ave. & Ten Mile Creek Dr.) in the areas depicted on the map. Ten Mile Creek Drive (at
the southwest corner of the site) comes into the site approximately 400 feet and terminates in a
cul-de-sac. Because the property boundary is irregular in this area, the street will not be extended
until such time as the property to the south redevelops. Franklin Crossing Avenue also terminates
in a cul-de-sac at the south boundary of the site and will eventually connect to Ten Mile Creek
Drive when it is extended.
In addition the above mentioned access points from the adjacent arterial streets, access is
proposed via the proposed collector streets as follows: 10 access points (5 on each side) are
depicted on the site plan via Franklin Crossing Avenue; and 2 access points are depicted via Ten
Mile Creek Drive. The number of access points seems to be excessive and does not comply with
the access standards listed in UDC 11-3A-3. Therefore, staff recommends the access points
shown in Exhibit A.6 with a red "X" not be approved. A waiver from City Council is needed
for approval of these accesses.
In order to limit access points via the arterial and collector streets, staff recommends a
cross-access/ingress-egress easement be granted to the property to the east (parcel
#51214212620) in accord with UDC 11-3A-3.
Comments have not yet been received from ACHD on this application.
Water/Sewer Service: The proposed subdivision will be serviced by existing water and sewer
main stubs in S. Ten Mile Road and W. Franklin Road.
Pressurized Irrigation (PI): 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 agrees to use the
available City of Meridians reuse water supply for the primary source of irrigation by entering
into a development agreement with the City of Meridian. The applicant will be required to use
Meridian's reuse water with the construction of this development.
Storm Drainage: Storm water drainage is proposed to be managed and detained in underground
seepage beds on-site in accord with City, ACHD, and NMID requirements.
Multi-Use Pathway: A segment of the City's multi-use pathway (Ten Mile) system is designated
through this site along the Ten Mile Creek to Franklin Road and west to the Ten Mile/Franklin
intersection. Another segment is also designated along the frontage of this site on Ten Mile
Road. The landscape plan depicts a 10-foot wide regional pathway along the southwest side of the
TM Creek AZ-13-015; PP-13-030 PAGE 12
creek in accord with the plan. However, the pathway dead-ends where the creek is proposed to be
piped at the north end of the creek and also before the pathway connects to Franklin Crossing
Avenue on the east side of the property.
Staff recommends the 10-foot wide pathway be extended internally within the site to the
sidewalks along both Ten Mile and Franklin Roads and to the east property boundary for future
extension. The pathway should switch the north boundary of the creek on the east side of Franklin
Crossing Avenue. A temporary attached asphalt sidewalk exists along Ten Mile Road that was
constructed with the street improvements. Staff recommends a detached 10-foot wide pathway is
constructed along S. Ten Mile Road and the existing temporary sidewalk is removed. Staff further
recommends a minimum 14-foot wide public pedestrian easement for the multi-use pathway(s) is
submitted to the Planning Division, approved by City Council and recorded prior to signature by
the City Engineer on the first final plat.
Landscaping: A preliminary landscape plan was submitted with this application as shown in
Exhibit A.3. The UDC requires a minimum 35-foot wide street buffer along S. Ten Mile Road, an
entryway corridor; and a minimum 25-foot wide street buffer along W. Franklin Road, an arterial
street, landscaped in accord with the standards listed in UDC 11-3B-7C. The proposed landscape
plan depicts a 35-foot wide buffer along both Ten Mile and Franklin Roads in compliance with
UDC standards.
The UDC also requires a minimum 20-foot wide street buffer along collector streets. However,
the UDC did not anticipate the requirements of the TMISAP for development within its
boundary. Staff recommends that Franklin Crossing Avenue and Ten Mile Creek Drive, both
collector streets, be landscaped in accord with the guidelines in the TMISAP if the adjacent street
sections are constructed in accord with the Plan.
Non-residential street buffers are required to be on a common lot or on a permanent dedicated
buffer, maintained by the property owner of business owners association in accord with UDC 11-
3B-7C.2.
A cross-section of the landscaping proposed within the creek corridor is shown on the landscape
plan included in Exhibit A.3 in detail A. Cross-sections of the street buffers are also included on
the landscape plan in details B, C, and D.
Fencing: No fencing is proposed on the landscape plan. The UDC (11-3A-6B) states that fencing
along all natural waterways (i.e. Ten Mile Creek) shall not prevent access to the waterway.
However, in limited circumstances and in the interest of public safety, larger open water systems
may require fencing as determined by the City Council, Director, and/or Public Works Director.
Open Space & Site Amenities: The open space and site amenity requirements listed in UDC 11-
3G-3 are not applicable to commercial developments. The multi-family portion of the site is
required to comply with these standards and those listed in UDC 11-4-3-27 upon development.
Sidewalks & Parkways: As set forth in UDC 11-3A-17, 5-foot wide detached sidewalks are
required along all arterial and collector streets; the minimum width of parkways planted with
Class II trees is 8 feet.
A detached sidewalk was recently constructed along W. Franklin Road with the street widening
project; and a S foot wide attached sidewalk exists along the portion of S. Ten Mile Road from
the nearest curb cut to the Ten Mile/Franklin Road intersection. The remainder of the sidewalks
and parkways required to be constructed on this site shall be consistent with the standards listed
in UDC 11-3A-17 and the TMISAP.
Natural Features: The Ten Mile Creek bisects this site and is a natural waterway. As such, it is
required to remain open as a natural amenity and is not allowed to be piped or otherwise covered,
TM Creek AZ-13-015; PP-13-030 PAGE 13
per UDC 11-3A-6A.1. A 100-feet wide easement is depicted on the plat for the creek.
The applicant proposes to pipe approximately 380 feet of the Ten Mile Creek nearest to
Franklin Road as shown on the landscape plan. The applicant asserts that without piping
this section of the creek locating a building on this prominent corner would be extremely
difficult. In an effort to mitigate this impact the applicant is proposing to enhance the
portion of the creek that remains open with landscaping and other amenities. Staff
recognizes the applicant's position but because the UDC does not allow natural waterways
to be covered, staff recommends the site plan be revised to show the Ten Mile Creek open
and preserved within this development.
Ditches, Laterals, Canals or Drainage Courses: Several waterways exist on this site. The
Kennedy Lateral runs along most of the southern boundary; the Vaughan Lateral runs along the
northern boundary at the northeast corner of the site; and a couple of other smaller irrigation
ditches cross the site.
Irrigation ditches, laterals, canals, and drains may be left open when used as a water amenity or
linear open space; otherwise, they are required to be piped, per UDC 11-3A-6.
Floodplain: Portions of this project are located within the Meridian Floodplain Overlay District.
Prior to any development occurring within the Overlay District the applicant is required to
submit, and the City shall review and approve, a floodplain development application which
includes the necessary analysis and documents under MCC Title 10, Chapter 6, including
hydraulic and hydrologic analysis.
Building Elevations: The applicant has submitted conceptual building elevations for the future
structures in this development, included in Exhibit A.S. All structures are required to comply with
the design standards listed in UDC 11-3A-19, the design features described in the TMIASP, and
the urban/suburban design guidelines contained in the design manual.
In summary, Staff recommends approval of the proposed annexation and preliminary plat request
for this site with the recommended conditions listed in Exhibit B of this report in accord with the
findings contained in Exhibit C.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2. Proposed Preliminary Plat (dated: 8/23/13)
3. Proposed Landscape Plan (dated: 10/21/13)
4. Conceptual Development Plan (dated: 9/12/13)
5. Conceptual Building Elevations (dated: 9/17/13)
6. Staff Recommended Access Points
7. Letter from ACRD for Approval of Access via Franklin & Ten Mile Roads
B. Agency & Department Comments/Conditions
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
D. Required Findings from Unified Development Code
TM Creek AZ-13-015; PP-13-030 PAGE 14
A. Drawings
1. Vicinity Map
Exhibit A Pagc 1
2. Proposed Preliminary Plat (dated: 8/23/13)
PREIIMINARV PLAT SHOWMG
TM CREEK
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5. Conceptual Building Elevations (dated: 9/17/13)
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6. Staff's Recommended Access Points (XS denote access points not approved)
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Letter from ACHD for Approval of Access via Franklin & Ten Mile Roads
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RG: Brighton C:orparatiun 'I'cn ~•tile Areal Access Study
Dear hlayar de ~Vecrd:
terry R Fiu7Er, President
keberra W'. Am,~, Vere Pre~ldent
lulu) 5. Franden, Ca)nnssKmer
Carol A. McKr_C, Gemmissinnrr
Sara M. taker, Ccrmrnissa:,ncr
ACNll staff has carnpleied the comprchcnsiva; evaluation of the Test ]vtile Area Access Study prepared
by NDR Engineering nn heltalf of the E3riEl~ton Corporation, four letter of iviarch 9, 2010 requested
nCHn to evaluate tlrC propased access points nn Ten Milc Road and Franklin lZaad far safety,
e)Ziciency and cuttsisiency with AGHD policy. Over the past riLr months, stafl'has worked with
Brighton to further cw'aluate the access study and tluough an iterative praeess has reached a conclusion
satisfactory tc~ hoth ACN[) and Bri~,hton,
'Chrouglr tltis process AC:IiU has strrv~Y1 to balance the needs ofkhc future development of the area as
envisioned by' ehc City's land use plannins cFforts while muintainirtg the function and integrity of the
arttrisl roadway ttetwork. In ocr reY1eW' Of the lnfarrrlatlUlr pfOVrded it was dctcrtnined that not aEl of the
requested access points were accessary to serve the anticipated development of the area, nor cattld they
ht' Safet}' aCCDmlriUdated alar7~; (lliw xrtfYlal faadw'a}`S. "I he tlnal detent7inatlon 1)y AC1ID is consistent
with A,CiIU policy, addresses safety concerns ACIIU had with the r~riFianl proposal and does not appea'
to neF;atively impact the operation of the 1'ett t~4ile Road!Franklin ]toad intersectian nor the et?rcii?nt
flow oftrat~ic on "1'cn Agile and Franklin Roads in the vicinity.
ACID approves the follow•in}z access points on 'fen Mile Road and Frtu)klirt Road for the 40 acre
Rriglrton pc:rcel at d)c szautheast cooler of the intersection based upan t}re future [and trse as dcsiKnateti
in the: City's Corttptehensive Plan. 'T'his xppror°xl is continent ulxtn tltc parcel developing consistent
v:ith those land rrse designations and is sul)ject to change or raaditicatiun if the propased land uses
antt~rvr traftie conditions change in the fuhtrc. AI[ ilastxnces are approximate and will he determined and
appeoved 6ty AC'I ]f) during= design.
Ten Mile Raad
?30' soutl- of Franklin 2>;" wide right-ir>.~right-otlt drivewa}'> median restricted
To include 100' tight turn bay and l :lU decelzrat"ran taper
730' south of Franklin 2R' wide right-is+'right-orlt driveway, raredian restricted
To include 100' right turn bay and 1:10 dccelcrxtian taper
11511' mouth of Franklin Ali' Wide full access drlvr.a.•ry or futurr publii street
To include l OQ' right turn bay artd l :10 deceleration taper
ACr3 Ct~;:r=ry tiighvlay tAstr~t • 3775 Adaths 5tree:t • Garde 7 lily tp • 637r4 . PIi {206} 387 Gtr • rx "1[i7 G393 • ww~~.a~;hd ada.ici.us
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`fn include 200' left fora stc~rau=.G mays north an~i south
U-turns oft I'~n A9ifc allowed
l~ranklin ltcta~
35t1' e<•tzt of'I-en S~4ile 2R' wide right-in~right-out driti~etvay, median restricted
GtiO' cast of't'en t`4tle 2$' wide felt-in'right-in;right-nut driveway, median restricted
left-in movcm~nt limited to south side ct»ly
Ta include lOt}' rikltt turn bay and l:fp deceleration falter
-t"o include 1 UCt' left tom storage hay
1113{!' cast of"feu Milc 46' wide tall access sign.tlired driveway or future public street
Sil;nal to lac installed when tvarryntt:d in future
'To iacfudc. 100' ril;ht turn bay and I:10 deceleration taper
'[-o include 7.00' left turn storage bays east and west
"1-hc access points listed above are different from that depicted itt the City's `Cen Mile Interchange `^~
5pecilic Area Klan, tltr plans for lily's Tkn Mile Interchange pmject and [he plans far ACHD's F~rartklin
Read, "i'en hTilc to hinder pmject. ACHCy would ttppre~iate the cc~aperatior of the City tea coordinate the
accessary c.hangrs tea the affected projects as appropriate.
if you ~nr your staff has any questions, pleas contact me at 3R7-6180.
Si ncer~:ly,
F ~~
Gary- Inselrnan
141anaget', lligltt-of-Way attrl Ucvelnpmcnt Services
cc: J. Schweitzer, ACRD Director
David "Tcimbulf, Hri~;hton Corporation
Catch Hpod, City of Mea•idi:tn
f"raig,.fackscan, c'll:?~'f-Rift
Jeff Mo,f, RE, 1'fD L113lr1~t 3
-6-
B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer. The
Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed
by the property owner and returned to the City within two (2) years of the City Council granting
annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office
prior to commencement of the DA. The DA shall, at minimum, incorporate the following
provisions:
Owner/Developer Requirements:
a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is allowed
per the plan included in Exhibit A.6 if a waiver for access is approved by City Council in
accord with UDC 11-3A-3.
b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector
streets, is restricted per UDC 11-3A-3. A waiver for access shall be approved by City
Council for all access points via the collector streets recommended by staff as depicted
in Exhibit A.6 (or for any variation thereof) in accord with UDC 11-3A-3.
c. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and
a detached 10-foot wide pathway shall be constructed along S. Ten Mile Road in accord with
the Master Pathways Plan.
d. A minimum 14-foot wide public pedestrian easement for the multi-use pathways on the site
shall be submitted to the Planning Division, approved by City Council and recorded prior to
signature by the City Engineer on the first final plat.
e. The Ten Mile Creek shall remain open and not be piped and shall be protected during
construction unless otherwise approved by City Council.
f. Across-access/ingress-egress easement shall be granted to the property to the east (parcel
#51214212620) via a note on the plat or a separate recorded agreement.
g. Public art shall be incorporated into the development at the entry of the site to create a sense
of arrival and as appropriate throughout the site, in accord with the TMISAP.
h. Pedestrian scale lighting shall be provided along the sidewalk along Franklin Crossing
Avenue and within the street buffer along S. Ten Mile Road in accord with the TMISAP.
i. Street lights at a pedestrian scale shall be located within the tree lawn area along Ten Mile
Creek Drive.
j. All structures adjacent to Franklin Crossing Avenue north of the Ten Mile Creek shall be a
minimum of two stories in height.
k. Future development of this site shall be generally consistent with the conceptual site plan,
building elevations, and landscape plan submitted with this application included in Exhibits
A.3, A.4, and A.S. The site shall develop with a mix of office, commercial and residential
uses as proposed.
-7-
1. Future development of the site shall be consistent with the design elements contained in the
Ten Mile Interchange Specific Area Plan, the design standards in UDC 11-3A-19, and the
guidelines in the Meridian Design Manual.
m. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are
essential. Development should exhibit quality building and site design and an attractive
pedestrian environment with a strong street character. At a minimum, the following design
elements from the TMISAP shall be incorporated into the development:
• Buildings at or close to the property line facing the street -main entrances/facades
should be oriented to the street;
• Buildings should relate effectively to the fronting streets by aligning and being as
continuous as possible;
• Buildings at street corners should "hold the corners";
• The space between a building facade and the adjacent sidewalk should be landscaped
with a combination of lawn, groundcover, shrubs, and trees;
• Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to
open their doors & street front windows & use clear glass that allows visual access
inwards & outwards;
• Human-scale design by building entrances placed close to the street, ground floor
windows, articulated facades, appropriately scaled signs and lighting, and awnings
and other weather protection;
• Provide elements that become focal points and announce special places in the Ten
Mile area (gateway & entryway corridor signs, continuous walkways, attractive
streetscape design, avoid parking in front of buildings, landscaping, etc.);
• Architectural character should establish a clear sense of identity for each activity
center through an overall palette for each commercial center while maintaining a
degree of individuality for each building. The palette should address and coordinate
key elements such as materials (walls, roofs, key architectural elements), and colors,
etc.;
• Low-rise buildings of 2-4 stories over much of the area is recommended with
opportunities for taller buildings in a few locations;
• For streets & block fronts where commercial uses and pedestrian activity are most
desired, it is recommended that sidewalks be lined with shops, restaurants, and
galleries and that buildings be designed with multiple sidewalk entries, generously-
scaled display and transom windows, pedestrian-scaled signs and banners, and
awnings or canopies for sun shading;
• Signs should be designed to contribute to the overall character, identity and way
finding system. Signs should be compatible with the architecture of the buildings and
businesses they identify in colors, materials, sizes, shapes, and lighting.
• Public art that contributes to the character and identity of the City should be
incorporated into the development in the design of streetscapes, plazas, public spaces
associated with buildings, etc. Art should be easily visible to the public (e.g. on the
exterior of buildings rather than in lobbies, or visible from the street or publicly
accessible open spaces rather than interior courtyards).
-8-
• Four-sided architecture is important where appropriate;
• Public spaces and linkages should be clearly defined.
Business Owner/Tenant Requirements:
a. Business hours of operation in the C-G district shall be limited from 6:00 am to 11:00 pm
when the property abuts a residential use or district. Extended hours of operation may be
requested through a conditional use permit (UDC 11-2B-3).
b. A Certificate of Zoning Compliance and Design Review Application are required to be
submitted to the Planning Division for approval prior to issuance of building permits to
ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the
Ten Mile Interchange Specific Area Plan.
1.1.2 The preliminary plat, dated 8/23/13, included in Exhibit A.2 shall be revised as follows:
a. The street buffers along S. Ten Mile Road and W. Franklin Road shall be on common lots or
on permanent dedicated buffers to be maintained by the property owner or business owner's
association in accord with UDC 11-3B-7C.2.
b. Add note: "Direct lot access to S. Ten Mile Road, W. Franklin Road, Franklin Crossing
Avenue and Ten Mile Creek Drive is prohibited except for those access points approved with
PP-13-030 by the City of Meridian and ACHD."
c. Widen the sidewalk along Franklin Crossing Avenue to 6 feet in accord with the TMISAP.
d. Franklin Crossing Avenue shall be reduced to a two-lane roadway with bike lanes and on-
street parking consistent with the TMISAP (Street Section E), unless traffic warrants a 4-lane
roadway as proposed by the applicant and determined as necessary by ACRD.
1.1.3 The landscape plan, dated 9/11/13, included in Exhibit A.3 shall be revised as follows:
a. The 10-foot wide regional pathway along the Ten Mile Creek shall be extended to the
sidewalks along both Ten Mile and Franklin Roads at the northwest corner of the site and to
the east property boundary along the north boundary of the Ten Mile Creek for future
extension. On the east side of Franklin Crossing Avenue, the pathway shall shift to the north
side of the Ten Mile Creek.
b. A detached 10-foot wide regional pathway is required adjacent to S. Ten Mile Road in accord
with the Master Pathways Plan. (The existing temporary asphalt pathway shall be removed.)
c. Widen the sidewalk along Franklin Crossing Avenue to 6 feet in accord with the TMISAP.
d. Landscaping along Franklin Crossing Avenue is required in accord with Street Section E on
page 3-21 of the TMISAP. In the alternative, if traffic warrants a 4-lane roadway for the
north/south collector (Franklin Crossing Avenue) as proposed by the applicant and as
determined by ACRD, landscaping shall be provided in accord with that shown in Street
Section B, on page 3-20 of the TMISAP.
1.1.4 If the development is proposed to be phased, submit a phasing plan with the first phase of
development.
1.1.5 Across-access/ingress-egress easement shall be granted to the property to the east (parcel
#S 1214212620) via a note on the plat or a separate recorded agreement.
1.1.6 The developer shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-6B and 11-3A-7.
-9-
1.1.7 The developer shall obtain an easement from the U.S. Bureau of Reclamation for the 14-foot
wide recreational pathway easement along the Ten Mile Creek.
1.1.8 Prior to any development occurring in the Overlay District, a floodplain permit application,
including hydraulic and hydrologic analysis is required to be completed and submitted to the City
and approved by the Floodplain Administrator, per MCC 10-6.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the C-G, TN-C, and R-40 zoning
districts listed in UDC Table 11-2B-3, 11-2D-5, and Table 11-2A-8 respectively.
1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to W.
Franklin Road, S. Ten Mile Road, Franklin Crossing Avenue and Ten Mile Creek Drive is
prohibited except for those access points approved with this application by the City and ACRD.
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 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.
1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ.
1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings.
1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-
7C.
1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-
11C.
1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5
and 11-3B-7C.
1.2.12 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.
1.2.13 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.
1.2.14 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 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.
1.3.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11-3G-3F1.
1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site.
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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 11-3A-11.
1.3.7 The applicant and/or properly 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.
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 11-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 11-6B-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 (if applicable).
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; 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 Division staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 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 agrees to use the available City of Meridian
reuse water supply for the primary source of irrigation by entering into a development agreement
with the City of Meridian. The applicant will be required to use Meridian's reuse water with the
construction of this development. The applicant shall be responsible to construct all pressurized
irrigation lines with "purple" pipe per Idaho Department of environmental Quality rules.
2.2 General Conditions of Approval
2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works
Department, and execute standard forms of easements for any mains that are required to provide
service outside of a public right-of--way. 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.
2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and
through this development.
-11-
2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian's standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document.
2.2.4 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
prior to receiving development plan approval.
2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.2.6 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.
2.2.7 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.
2.2.8 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.
2.2.9 Street signs are to be in place, sanitary sewer and 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.
2.2.10 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.
2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro-
paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining
certificates of occupancy.
2.2.12 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.
2.2.13 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.
-12-
2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.2.17 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.
2.2.18 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.
2.2.19 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 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.
2.2.20 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.
2.2.21 100 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.
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.
2.2.22 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.
2.2.23 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 form 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 did not submit comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department has no comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
-13-
6. PARKS DEPARTMENT
6.1 Provide 10-foot wide multi-use pathways on the site in accord with the Meridian Pathways
Master Plan as noted above in condition # 1.1.3.
7. ADA COUNTY HIGHWAY DISTRICT
Comments have not yet been received from ACHD on this application.
-14-
C. Legal Description & Exhibit Map for Annexation & Zoning Boundary
LEGAL DESCRIPTION
TM Creek Annexation Legal
Being a portion of NW 1/4 of Section 14 Township 3 North, Range t West, Boise Meridian, Ada County,
Idaho described as:
Commencing at the northwest corner of said Section 14;
running thence along the north line of said Section 14 S89°09'50"E 1577.99 feet;
thence 500°34'40"W 704.71 feet to the north line of Ten Mile Stub Drain;
thence along said north line S89°S 1'06"W 249.02 feet to the east line of the NW l/4NW 1/4 of said Section 14;
thence along said along said east line 500°34'40"W 120.00 feet to the south line of said Ten Mile Stub;
thence along said south line N89°S 1'06"E 249.02 fcet;
thence 500°34'40"W 503.95 feet to the south line of the NE1/4NW 1/4 of said Section 14;
thence along said south line N89° 11'04"W 249.00 feet to the SE corner of the NW 1/4NW1/4 of said Section 14;
thence along the south line of said NW 1/4NW1/4 N89°10'41"W 371.69 feet to the centerline of the Kennedy
Lateral;
thence along said centerline the following nine (9) courses,
(1) NSO°S8'33'W 17.95 feet;
thence (2) NS3°11'09"W 198.60 feet;
thence (3) N61°20'S7' W 85.70 feet to a point of curve;
thence (4) along said curve to the left 68.61 feet(Curve Data: Radius=69.99 feet, Deltas56°10' 12", chord bears
N89°26'39"W 65.90 feet);
thence (S) S62°27'4S"W 91.30 feet to a point of curve;
thence (6) along said curve to the right 107.70 fcet(Curve Data: Radius=199.99 ket, Dettag30°S 1' 16", chord
bears 577°53'45"W 106.40 feet);
thence (7) N86°40' 1 S"W 156.20 feet to a point of curve;
thence (8) along said curve to the left 92.42 feet(Curve Data: Radius~199.99 feet, Delta=26°28'40", chord bears
580°05'03"W 91.60 feet);
thence (9) S66°50'21 "W 186.46 feet to the intersection of the centerline of said of Kennedy Lateral and the
easterly right of way of Ten Mile Rd.;
thence N89°26'21 "W 40.05 feet to the west line of said Section 14;
thence along said west line N00°33'39"E 1314.93 feet to the point of beginning.
Parcel Contains 45.34 Acres more or less.
Basis of Bearing
North section line of the NW 1 /4 of Section 14 Commencing at the Northwest corner of Section 14; thence
589°09'50"E, a distance of 2657.99 feet to the N 1/4 of Section 14
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Legal Description, Page 1 of I
-15-
LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1 W B.M.
ADA COUNTY, IDAHO
CURVE TNLE
CURVE6 LENDiH RADRI6 DELTA TANOENf CNORD EfAR610
c+ easy eeae 6e•ar+r 6r.x eaa NM' b' e9'W
cY ~aa7o ~6oee aos~^~e• be.+e ~aa.1o s7rarlsw
p e212 166A6 1e M'/0• 17.06 W.60 6e0'06'00'YV
vos FRANKLIN ROAD
10 77 Nte•0760•W 21e.00 .• .1Y2YA0'.......
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~ 1,975,231 SF ~ I„.
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Nef•4f'Y1'W IOAB //-N
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e0' 67' 7e.W'VV 11.16
N the e[C f~ - - '10't~! b.34r 10' 1'W Y71
N60•N6rW 17AQ Y1'01'W eNAO'
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KELLER
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ANNEXATION BOUNDARY N' ~ ~'
LEGAL DESCRIPTION MAP FOR TM CREEK
-16-
LEGAL DESCRIPTION
TM Creek C-G Zone Description
Being a portion of NWl/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian, Ada County,
Idaho described as:
Commencing at the northwest corner ofsaid Section 14;
running thence along the north line of said Section 14 S89°09'50"E 1577.99 feet;
thence S00°34'40"W 294.20 feet;
thence N89°25'20"W 290.60 feet;
thence N89°26'49"W 287.44 feet;
thence S00°33'11 "W 186.45 feet;
thence 500°00'00"W 243.81 feet to apoint ofnon-tangent curve;
thence along said curve to the left 7.90 feet (Curve Data: Radius=270.00 feet, Delta=l°40'33", chord bears
S89°02'34"E 7.90 feet);
thence 589°50'35"E 187.17 feet;
thence 589°52'5 l "E 176.26 feet;
thence N87°54'01 "E 101.03 feet;
thence N89°42'19"E 41.44 feet to the east line ofthe NWl/4NW1/4;
thence along said east line S00°34'40"W t00.00 feet;
thence S89°S 1'06"W 91.91 feet;
thence 500°33'18"E 508.21 feet to the south line ofsaid NW1/4NW1/4;
thence along said south line N89°10'41 "W 279.99 feet to the centerline of the Kennedy Lateral;
thence along said centerline the following nine (9) courses,
(1) NSO°S8'33'W 17.95 feet;
thence (2) NS3°11'09"W 198.60 feet;
thence (3) N61 °20'57' W SS.70 feet to a point of curve;
thence (4) along said curve to the left 68.61 feet(Curve Data: Radius=69.99 feet, Delta=S6°10' 12", chord bears
N89°26'39"W 65.90 feet);
.thence (S) 562°27'45"W 91.30 feet to a point of curve;
thence (6) along said curve to the right 107.70 ket(Curve Data: Radius=199.99 feet, Delta=30°51'16", chord
bears S77°53'4S"W 106.40 feet);
thence (?) N86°40' I S"W l 56.20 feet to a point of curve;
thence (8) along said curve to the left 92.42 feet(Curve Data: Radius=199.99 feet, Delta-~6°28'40", chord bears
S80°OS'03"W 91.60 feet);
thence (9) S66°50'21 "W 186.46 feet to the intersection of the centerline ofsaid of Kennedy Lateral and the
easterly right of way of Ten Mile Rd.;
thence N89°26'21 "W 40.05 feet to the west line ofsaid Section 14; ~, lJUVp
thence along said west line N00°33'39"E 1314.93 feet to the point of beginning. ~,~~~ eTaR~. Gib
Parcel Contains 35.82 Acres more or less.
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Bas s of wring
North section tine of the NWl/4 of Section 14 Commencing at the Northwest corner of Section 14; thence
S89°09'50"E, a distance of 2657.99 feet to the N1/4 of Section 14
Legal t7escription, Page 1 of t
-17-
LEGAL DESCRIPTION
TM Creek R-40 Zone Boundary
Part of the NW 1 /4 of Section 14 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho
described as:
Beginning at point on the south line of Ten Mile Drain Stub, point being S89°09'50"E 1577.99 feet along the
Section line and S00°34`40"W 824.71 feet from the northwest corner of said Section 14,
Running thence along said south line S89°51'06"W 249.02 feet to the east line of the NW 1/4NW 1/4 of said
Section 14;
thence along said east line N00°34'40"E 10.00 feet;
thence S89°51'06"W 91.91 feet;
thence S00°33'18"W 508.21 feet to the south tine ofsaid NWl/4NW1/4 of said Section 14;
thence along said south line S89°10'41 "E 91.70 feet to the southwest corner of the NEI/4NW1/4;
thence along the south line of said NE 1 /4NW 1/4 S89° 11'04"E 249.00 feet;
thence N00°34'40"E 503.95 feet the Point of Beginning.
Parcel Contains 3.94 Acres more or less.
Basis of Bearing
North section line ofthe NWl/4 of Section 14 Commencing at the Northwest corner of Section 14; thence
589°09'50"E, a distance of 2657.99 feet to the N 1/4 of Section 14
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Legal Description, Page 1 of I
-18-
LEGAL DESCRIPTION
TM Creek TN-C Zone Boundary
Part of the NWI/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho
described as:
Beginning at point being S89°09'50"E 1577.99 feet along the Section line and S00°34'40"W 294.20
feet from the northwest corner of said Section 14,
Running thence N89°25'20"W 290.60 feet;
thence N89°Z6'49"W 287.44 feet;
thence S00°33'11"W 186.45 feet;
thence S00°00'00"W 243.81 feet to a point of anon-tangent curve;
thence along said curve to the !eft 7.90 feet (Curve Data: Radius=270.00 feet, Delta=l °40'33", chord bears
589°02'34"E 7.90 feet);
thence S89°52'51 "E 176.26 feet;
thence N87°54'01 "E 101.03 feet;
thence N89°42'19"E 41.44 feet to the cast line of the NWl/4NW1/4 of said Section 14;
thence along said east line N00°34'40"E 10.00 to the north line of Ten Mile Stub Drain;
thence along said north line N89°51'06"E 249.02 feet;
thence N00°34'40"E 410.51 feet the Point of Beginning.
Parcel Contains 5.58 Acres more or less.
Basis of Bearing
North section line of the NWl/4 of Section 14 Commencing at the Northwest corner of Section 14; thence
S89°09'50"E, a distance of 2657.99 feet to the N 1/4 of Section 14
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Lepl Description, Page t of 1
-19-
LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1W B.M.
ADA COUNTY, IDAHO
CURVETA6LE
CIAtVE/ LENGTH RAONB DELTA TANGENT CHORD MARINO
c~ 66.61 69AY 66'ia~2• 372a 16.60 N66.26'2AW
a /67.70 1.90 2o'a1'16• 66.1a 106.w s77• er 16'w
C9 6YA2 199.M 26'2e'/0' 17.06 Y1.60 X00' 06' 06'YY
C6 1.60 270.00 1.10'27' 2A6 7A0 iq' 02' il'E
Poe
FRANKLIN ROAD
- - ---~~
N 1N i!C N
H' ~0'E 26120'
t-a60' 61' OMW 219A1'
i/' ~0'W 10A0'
2P N`W 100.00'
H' /0"E 10A6'
06'W 2NA2'
N69.28' 21'W
00.77' 70"W i/.
N' 0/'E 219A0'
I
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fCALE:
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BRIGHTON
I.VY~r V1tA i 1V1 V
KELLER
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ZONING BOUNDARY
LEGAL DESCRIPTION MAP FOR TM CREEK
_20_
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;
Staff finds that the proposed map amendment is generally consistent with the MLT-C, LC, and
HDR FLUM designations for this site and should be compatible with existing and future
adjacent uses. Therefore, Staff finds the amendment is consistent with the applicable
provisions of the Comprehensive Plan (see section VII above for more information).
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 C-G, TN-C and R-40 zoning districts is
consistent with the purpose statements of the applicable 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 (IJDC 11-SB-3.E).
Staff finds the proposed annexation of this property 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 if the applicant develops the site in accord with the provisions in the DA,
the development will be in substantial compliance with the adopted Comprehensive Plan
in regard to land use, transportation, design 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 property upon
development. (See Exhibit B of the Staff Report for more details from public service
providers.)
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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, ACRD, 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.
ACRD considers 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.
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