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Findings for Approval Copperleaf PP MDACITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~E IDR IAN~- ~J In the Matter of the Request for a Development Agreement Modification to Remove the Requirement for Townhomes to be Constructed on Two of the Building Lots and to Include a Revised Conceptual Development Plan and Building Elevations; and Preliminary Plat Consisting of Sixteen (16) Single-Family Residential Building Lots and Four (4) Common/Other Lots on 2.86 Acres of Land in the R-8 Zoning District for Copperleaf Subdivision, Located at 4405 E. Ustick Road, by Providence Properties, LLC. Case No(s). MDA-13-016; PP-13-019 For the City Council Hearing Date of: October 15, 2013 (Findings on November 6, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 15, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 15, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 15, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 15, 2013, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-016; PP-13-019 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 15, 2013, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the Development Agreement is hereby conditionally approved per the provisions in the attached Staff Report for the hearing date of October 15, 2013, attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of October 15, 2013, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner(s) and returned to the City within two (2) years of the City Council granting the modification (UDC 11-SB-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-016; PP-13-019 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 15, 2013. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-016; PP-13-019 -3- By action of the City Council at its regular meeting held on the 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) `i'" _ day of VOTED V OTED~ VOTED VOTED VOTED _. Mayor '~`a y de Weei•d Attest: ~~"°_~5 v n i ~ _ `'Ls, r? J ~ fiih~ oY _.,. ~_ ,~,d~I~~1~N~_ aycee lman, City Clerk ~'°-~-°~ ~~~,~,~ Copy served upon Applicant, The Pl~`' ~ ing ~?epa~Y'ent, Public Works Department and City Attorney. C Dated: (f ~ ~ ~~ 3 'ty Jerk's e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA-13-016; PP-13-019 -4- EXHIBIT A STAFF REPORT Hearing Date: October 15, 2013 TO: Mayor & City Council E IDIAN~ FROM: Sonya Wafters, Associate City Planner I D A H O 208-884-5533 SUBJECT: MDA-13-016; PP-13-019 -Copperleaf Subdivision L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Providence Properties, LLC, has applied for a modification to the existing development agreement (MDA) to remove the requirement for townhomes to be constructed on two of the building lots; and to include a revised conceptual development plan and building elevations. A preliminary plat (PP) is also proposed consisting of 16 single-family residential building lots and 4 common/other lots on 2.86 acres of land in the R-8 zoning district for Copperleaf Subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA 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. Note: The MDA only requires City Council approval. Approval of the preliminary plat is contingent upon the MDA being approved. The Meridian Planning & ZOriInE Commission heard this item on September 5, 2013. At the public hearing, the Commission moved to recommend approval of the subiect PP request. a. Summary of Commission Public Hearin: i. In favor: Kevin McCarthy, KM EnEineerinE ii. In opposition: Aaron Hansen; Vince Skinner; Judy Barney; Richard Barney (proxy form signed bv: Kevin West, Ariel West, Melissa Caplin, Jake Caplin & Sherry Hansen) iii. Commenting: None iv. Written testimony: Kevin McCarthy v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. HeiEht of the fencing adiacent to the pathway. c. Kev Commission ChanEe(s) to Staff Recommendation: i. C_1_a_rify conditions #1.1.4 and 1.1.5 o allow a reduction in open space & increase in lots sizes. d. OutstandinE Issue(s) for City Council: i. None ~_ ummarv of City Council Public earin : L In favor: Kevin McCarthy 11: In onposition: None iii, Commenting: Michael L.on~ lY. Written testimony: None Y. Staff nresentin~ annlication: Bruce Chatterton Copperleaf Sub PP-013-019; MDA-13-016 PAGE 1 EXHIBIT A yl: Other staff commenting on annlication: None .tZ, ev Issues of Discussion by Council: 1, he height and tune of fencing adiacent to the interior common area and uathwav o Lot 12 Block 1 ~ , . Kev Council Chan,~e to taff/ .nmmission R .c~mmenrlati n is odifv condition #1.1.2 to allow an alternative fencing tune adiacent to the commo uathwav on Lot 12. Block 1 as presented during the hearing and shown i Exhibit A.6. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP-13- 019 &MDA-13-016, as presented in the staff report for the hearing date of October 15, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP-13-019 & MDA-13-016, as presented during the hearing on October 15, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers PP-13-019 &MDA-13-016 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 4405 E. Ustick Road, in the NE'/4 of Section 4, Township 3 North, Range 1 East. (Parcel #: 51104121051) B. Owner(s): Nunzio Sgroi 4405 E. Ustick Road Meridian, ID 83642 C. Applicant: Providence Properties, LLC P.O. Box 2648 Eagle, ID 83616 D. Representative: Kevin McCarthy, KM Engineering, LLP 9233 W. State Street Boise, Idaho 83714 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. Copperleaf Sub PP-013-019; MDA-13-016 PAGE 2 EXHIBIT A B. The subject application is for a modification to the development agreement. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. C. Newspaper notifications published on: August 19, and September 2, 2013 (Commission); September 23, and October 7, 2013 (City Council D. Notices mailed to subject property owners on: August 8, 2013 (Commission); September 19, 2013 (,City Council) E. Applicant posted notice on site(s) on: August 26, 2013 (Commission); October 2, 21113 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: There are two existing residential homes, a shop, and 2 garages on this property which is zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Single-family residential properties in Sunningdale Estates Subdivision, zoned R-1C in Boise City 2. East: Elementary school, zoned A-1 in Boise City 3. South: Single-family residential properties in Redfeather Estates Subdivision, zoned R-4 4. West: Single-family residential properties, zoned R-4 & RUT in Ada County C. History of Previous Actions: • In 2008, the City Council approved an annexation and zoning (AZ-08-011) application for this property with an R-8 zone for the development of an assisted living facility. A development agreement was required as a provision of annexation and was recorded as Instrument #112043739. • In 2011, City Council approved a request for the development agreement to be amended (MDA-11-007) to allow an extended period of time, up to two years, for the agreement to be signed. The agreement was signed and recorded on May 9, 2012. • On April 17, 2012, the City Council denied a request for a modification to the development agreement (MDA-12-001) to amend the conceptual development plan approved with the annexation to allow for the development of asingle-family residential subdivision. • On October 16, 2012, the City Council approved a request for a modification to the development agreement (MDA-12-005) to amend the conceptual development plan approved with the annexation to allow for the development of asingle-family residential subdivision. The amendment was recorded as Instrument No. 112117349. D. Utilities: 1. Location of sewer: The city currently owns and maintains a sewer main in E. Arch Drive adjacent to the proposed development. 2. Location of water: The city currently owns and maintains a water main in E. Arch Drive adjacent to the proposed development. 3. Issues or concerns: None E. Physical Features: Copperleaf Sub PP-013-019; MDA-13-016 PAGE 3 EXHIBIT A 1. Canals/Ditches Irrigation: Staff is not aware of any waterways that exist on this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The proposed preliminary plat depicts a residential subdivision consisting of 16 single-family detached homes on 2.86 acres of land at a gross density of 5.59 dwelling units per acre consistent with the MDR designation. The following objectives and goals from the Comprehensive Plan are applicable to the proposed development: • "Require landscape street buffers for new development along all entryway corridors." Ustick Road which abuts this site at the north boundary is designated as an entryway corridor. As such, a 35 foot wide street buffer is required to be constructed by the applicant as proposed. "Phase in residential development in accordance with their connection to the municipal sewer and water system." City water & sewer services are available for hook-up to the proposed development. • "Protect existing residential properties from incompatible land use development on adjacent parcels." Existing residential properties lie to the west, south, and north (across Ustick Road) of this site. Because the proposed development is consistent with existing lot sizes, density, and home sizes in Redfeather subdivision, Staff is of the opinion the proposed development is compatible with existing residential properties. Further, staff is of the opinion the proposed development is also compatible with the elementary school to the east. • "Ensure development provides safe routes and access to schools, parks and other community gathering places." Internal sidewalks are proposed within the development which will connect to the sidewalk along E Ustick Road at the north boundary of the site and E. Arch Drive at the south boundary of the site which leads to a pathway to the elementary school approximately 100 feet south of the site. "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." The proposed preliminary plat is for a medium density residential subdivision consisting of single family detached homes, consistent with the density in the surrounding Redfeather subdivision. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development..." This infill property contains one home on 2.81 acres of land. Redfeather Subdivision lies to the south and southwest of this site and has a slightly lower density than is proposed with this application. Copperleaf Sub PP-013-019; MDA-13-016 PAGE 4 EXHIBIT A • "Reduce the number of existing access points onto arterial streets by using methods such as cross-access agreements, access management, and frontage/backage roads." Access to the site is proposed on the concept plan via E. Arch Drive, an existing internal local street in Redfeather Subdivision; access to Ustick Road is prohibited per UDC 11-3A-3A and ACHD standards. A stub street is depicted on the plat to the property to the west for future interconnectivity and to reduce access points on Ustick Road. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site. In summary, staff is of the opinion the proposed development is consistent with the MDR future land use designation for the property and adjacent residential and school uses for the above-stated reasons. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-61ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district and UDC 11-3B-7. Common area landscaping is required in accord with the standards listed in UDC 11-3G-3. 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: Development Agreement Modification (MDA) The current DA restricts development to 14 single-family lots and 2 townhome lots. The applicant is now proposing 16 single-family lots and no townhomes with a new development plan and building elevations. Staff has included the applicant's proposed changes and staff's recommended changes to the text of the agreement in Exhibit A.4 and the new building elevations in Exhibit A.3. Staff's recommended changes consist of some minor clean-up items and a requirement for the homes that back up to Ustick Road to articulate the rear facades to prevent monotonous wall planes and roof lines. Preliminary Plat (PP) Copperleaf Sub PP-013-019; MDA-13-016 PAGE 5 EXHIBIT A The proposed plat consisting of 16 building lots and 4 common/other lots on 2.86 acres of land in the R-8 zoning district is generally consistent with the MDR future land use map designation for this property (see analysis above in Section VII). Existing Structures: There are two existing homes, a shop and 2 garages on this property that are proposed to be removed upon development of 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 district and found the plat to comply with the minimum lot size and street frontage requirements. The minimum lot size proposed is 5,009 square feet (s.f.) with an average lot size of 5,235 s.f. Building height and setbacks shall comply with the dimensional standards noted in UDC Table 11-2A-6. Access/Streets: Access for this subdivision is depicted on the preliminary plat at the south property boundary via E. Arch Drive in Redfeather Estates Subdivision. A stub street is depicted on the plat to the west for future extension and interconnectivity. The stub street is proposed as a reduced street section; as such, parking is only allowed on one side of the street. Direct lot access via E. Ustick Road is not proposed or approved. Pathways: A pathway is proposed through the common area at the north end of the subdivision from the internal sidewalk to the sidewalk along Ustick Road. There are no multi-use pathways designated on the Master Pathways Plan for this site. Sidewalks: A 5-foot wide detached sidewalk exists along E. Ustick Road. Attached 5-foot wide sidewalks are proposed along internal streets. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.6. A 35-foot wide landscaped street buffer is required along E. Ustick Road, an arterial street, as shown on the landscape plan in accord with the standards listed in UDC 11-3B-7C. Open Space & Site Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3) does not require open space or site amenities to be provided. However, 0.3 of an acre (or 13%) of open space is proposed. Fencing: Asix-foot tall solid vinyl fence is depicted on the landscape plan along the east and west perimeter boundaries of the subdivision. A 6-foot tall solid wood fence exists along the southern boundary of the site that is required to be removed or relocated to the back edge of the common area in accord with UDC 11-3B-7C.2. Fencing adjacent to all pathways and common open space areas shall comply with the standards listed in UDC 11-3A-7A. A fencing plan should be submitted with the final plat application that is consistent with the standards listed in UDC 11-3A-7. Building Elevations: Conceptual building elevations were submitted for the homes in this development as shown in Exhibit A.3. Building materials are proposed to consist of architectural shingles, board & batten and lap siding, and cultured stone wainscot. Single-family residential developments are not subject to design review. However, staff recommends through a DA provision that the rear (or side) of structures on Lots 10, 13, and 14, Block 1 that back up to Ustick Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recommends approval of the proposed development agreement modification and preliminary plat requests for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. Copperleaf Sub PP-013-019; MDA-13-016 PAGE 6 EXHIBIT A X. EXHIBITS A. Drawings/Other L Vicinity/Zoning Map 2. Existing Conceptual Development Plan & Building Elevations Contained in Development Agreement 3. Proposed Conceptual Building Elevations 4. Proposed Text Changes to Development Agreement 5. Proposed Preliminary Plat (dated: 7/31/13) 6. Proposed Landscape Plan (dated: 7/31/13) B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Copperleaf Sub PP-013-019; MDA-13-016 PAGE 7 EXHIBIT A R-40 A. Drawings 1. Vicinity/Zoning Map [:xhibit A ~~ -T ----- - _r_~ ~T-,~~ ~~~ -~~ 11...i-ITT F~ ` --~ - Pagc 1 EXHIBIT A Exhibit A.2: Existing Conceptual Development Plan & Building Elevations Contained in Development Agreement z J &. a ~ l;li s -- ~.~~~~ r;~~~: .. $r ~ ~a ~ 3 ... < ~ M1 ~ ? j ~ ` ~} x ,--- f_.r.s.... ~ -.~----- ry - ~ ---~ _ __ s--- i S ~~ I u~ i fi 1;°3 '~ ~ U ~i ;i ~ V I I '~ y. .. I {~ l i a _~ ~ I ~_ ~ -_-~ -~'~ C 1 _ ~C, t 6 ~'i I i ~~~~ ~ ~ ~ ~ ~ r~~~ 1 ~ L i ~ u n i ~ { 1 1° _I 3 s ~ p ' ~.__ ______r. . fr_____ __.~~ '' 1 r' ' { ~§ ~ ~ ~, ,. -----~ ~ 1 n I ---- 1 1 py --,r_____ ___, t5 ;f ~ ~ , l ~~ ~ ~ ~ i i x1 aael i ~. ~ i ~ ~ .- ._. r__ ____,~ ~ ~ 1 ~ ~' I 1 1 -- ~. ,, w - -- - , J n r I ~~ L_ ..._J n~ 1 ....~. v..v_.. E ~~r.~ ____, '~, f ~ E7 13 ~ ~ - ~ ~ ~ '`..ter ~ UI ~ ! 7 e_ .. .. ~_~ t l r~lrU 1 _ ___ i ~[r' I -. ~ . _. t y I 1 IS F : I ~ _ __ _ __ _ , ~ u ~ ~; ~ a tq n ~ ~ ~ ~ ~ I ~ ~ I ~ ~y s ~ ~ _ _ C I ~1 I ~ '~ ~ I ~~ i I ~ ?'- ~~ +yiT-~- --- -'-`~ --« 9 I 5 ~ ~ 1 6 I iI P ' I is ~ .` I Y~ ,1 I ~ i ~ 'n I :- ,- ti ~- I .. ~ ., . . ~~-~~ ~~-~~ l~ ~ ~ ;~~.. ~ ~._ -.-, .~. ~ '~....,~~, ~, 1, , ~~ ( r .~ ~ l,,,,, ~, , fl '~j '`.,,,. ~.~" ~ . ' its 4a', ~ ~ ~ ~ i I K '~. ( ~ ~- 1 .,~ , i ,_, ~ ~ i i Exhibit A Page 1 EXHIBIT A 17~L111:yt+ ~~~ ~11:~~~7~~11.IF1a~ L- L ~~ ~~~ ~ 1~#!Ofi 412N~1M kQiBI?n106ng 3iMOa4 MYId LY~d atlYNIW1~3Nd . ------------------ ~-~~._ i ----- - - -r''------^~- E r,. '.. I '.. I _ 'o,, I `... I r ~ -~ f I _ ~ ` t ~.u .~.. ~..~:, i. 1 ^~ k~ ~:... ~F ! f I r- r t i SI I I ~~i i ' S: ' ~ '` ~ I I 1 5 t L___. __ ( ! ~ i ~.~... _ _ . ~ f 1 srt ) X11 t ~ ~ ~ ~ ~ ~ . I 1, 3 ~ __ ~~ r I ~ ' ~ ~,a ° -~,r-- j . ~ ~ s 4~~ j 1 h7' _ ~ ~.~ ~ ~~ ~ I ~ ,~ I ;; ----- - # `._' ~. € ~ ~ >.._. ~ j ~ ._-, n 1 I ~ 1 ° I µ ~.~ I 'k ~ ~~.5 t ~ ~ ~~,I r d3 V T I .. , I t ! °,~. --. ds 'fi ~f i[q t' Exhibit A Page 2 EXHIBIT A exhibit A Pagc 3 ~~ :_. ~, ... ~.«~~ n ,.,.. ___.~.._,~ EXHIBIT A exhibit A Page 4 EXHIBIT A Exhibit A Page ~ EXHIBIT A F,~hihit A Page 6 Exhibit A.3: Proposed Conceptual Building Elevations EXHIBIT A Exhibit A.4: Proposed Text Changes to Development Agreement The applicant's proposed changes are noted in black strike-out/underline format; staff s recommended c/tarrges are noted in red strike-orrt/tmderline forrrurt. Section 4 -USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed ender City's Zoning Ordinance coditied at Meridian Unified Development Code § 1 1-2A. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Section 5 -CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1 b The applicant shall comply with the submitted conceptual elevations attached in Exhibit A.3. "1'he rear (or side) of structures on Lots 10 13 and 14, Block 1 that back up to Ustick Road shall incorporate articulation throe hg changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in accord with UDC 1 I-3A-19 and the Design Manual. 5.2 Direct lot access to E. Ustick Road is prohibited; access to the site shall be provided from N: ~-~;r~~~~~ r~~r~+e I;. Arch Drive. -a~c~s A stub street shall be provided to the property to the west (parcel #S 1 104121 1 100) for firture interconnectivity. 5.3 The site shall be developed i~1to a residential subdivision consisting of€et~+-teen sixteen (~-416) single-family building lots a ~'" +^•~~^'~^•~° ~^~° consistent with the conceptual development plan and building elevations included in Exhibit A. 5.5 The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 5.6 The applicant will be responsible to stub sewer and water services to 4315 E. Ustick Road, parcel # ~-~h'~' `'~ ~-~ ~-'r,'~ S 1 101121 I O5. Contact Meridian Public Works for size and routing. 5.7 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 or 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. 5.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8, within 6 months after the date of am~exation ordinance approval. Contact Central District Health for abandonment procedures and inspections (208) 375-52I 1. Exhibit n Page ~ EXHIBIT A Exhibit A.S: Proposed Preliminary Plat (dated: 7/31/13) ~------I_------ j ~ I - - -~- - -- .. ~ m...- _ ~--m ~'. _.`~- _. .. r _.._,_..,~~/~~ --- • ~ ~- T ',;~ ~ ~~~ I _____-~- , ~ ~~ _ ~_, _ l~~~~ 9 "a` .. i~l . - ..:.i ~ n '~ t1 ~ ; ~~ ; - ~ ~ ~I ~I n'-, [xatr+a srtE cwatioMs gr"P_..Ai~b' _. ri' L _ _ -. _ i ~_ _ ~ COPPERLEAF SUBflIVIS10H "°'";" ' , "`~.•"~•~. PRfLtMNW1RY PLAT .s,.~„ ~ d.... J i _~e~- _ ~e~ow+~, Iwo ------ usrw .... ~ lU1Y 201 T ~i i ~- .___ ~9r ^r1W~ ' ..__. __ _ _, _a.... ...~.. n .~..~..~.~.~. € ~ I .~H ~ ~ pia ~ 1: ~- ~ I _ a, , ~~~~ ~~~ e~~. . _...~ I .. 1 I ... I A .n uw , - , L I y I w I~ e2L~c Y.R ~ ~ .w.: I, .. " ser,.x....n ~. .' .\ .. wA ._ __ .~ ..... .r .. 1... L ~.._ _ ._._._ ___ ---,~ - ,d. ~ ~ --~ - -- ..,,,..' --- MEtIMMNAI1Y~11T ____._.____ ..............._ - ....,,,,. ~~ rawunow ~yrlMM~ tiM... ~M~•..6~Ay4~~~~K~M(yR1K±_._ "~'r "_0.w1~p1~. awR. .rNR.ajn^r .'uw~un Exhibit A Page 8 EXHIBIT A Exhibit A.6: Proposed Landscape Plan (dated: 7/31/13) 1'~ ~7_. _.. ~... C ._. _ ....~__.....1....... _~__~___ ~wsnvttiau,ous tN ~ .,.sue r i yax,_...~ ~ r _ ..~ Sw~ sa..~a.n ~~.... coPPER~~-F w~omswN PRELtMFNA~RYW~J4PE PWV nnr mij Iir NOR3N2 ~. ~.... ' ~8~a^^r~.~m~•'~~.~w rr.'ao~ nl[(~W~lCTgM NOBS .. ll4M s -*~ • .+ ..._. - - ~-- WnnttNalMflOU _ .~.. a.. ~Z~:°~ a~.o Exhibit A Page 9 .,.»T --------- EXHIBIT A Exhibit D EXHIBIT A ~,..:.a:a~.e~-.: d~:~ e-~ Wiz.-~~.:~,. ,r,.::, ....,.,.......~.._..,_.......,..~,.n..., r~s~~:, .. ~°°"fi.w~w`.. ~'Y'SRe~A w"".w-.ee..-... w. .... ._3aY.Cu ~ ~a~m+<awaa an n.w~m ~aww -.w-w~-mss-w ~w mw.w-..«+ "~..._•rw~ "",.. Di.1':S." ~"wo.7t°wY.S Yam"i~YSY'w .~',.°- wroe. '- ...~..r. .. .a~-yam-.... o.. ww...m-....a.......~..~~....... o.... 1^"~ L4T...m . ~ ...reo.. TTT::: --. _~__ ..:# "0i~l.P']A^"«".X'n ,..m:.X~.:J'l1Raa~'~h•9Sa,... ~..,.,. ~(~,\- ~ .~ ~~ ~. x ad .ate, ."+{a,. ~.", :a.f::.S e., m..... g..-0N`~'01"ae runnorwmmwspSrp,• .;;~ .:, s,~_o~~m...m...,,,.....a,.. ....m._.... x:zx^.:rw~. t~tlrtwcwaxun ..~±~+~sn~__...__ ___.__.. «nswnxoxwwnawm COPPERLEAF SUb01YI510N PRELFMFNARY LANDSCAPE - NOTES ANO OETMLS ~aouw x~wo xar~ ,~ -WiCr ~:_L9 ~@" .m..m _ ..mm a~wxan un ~.M.w,~.sux+ia ana_. EXHIBIT A EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 The existing 6-foot tall solid wood fence that exists along the southern boundary of the site is required to be removed or relocated to the back edge of the common area in accord with UDC 11- 3B-7C.2. 1.1.2 All proposed and/or required fencing shall be consistent with the standards as set forth in UDC 11-3A-7 with the exception that the Cit~Council was amenable to the applicant's proposed fencing alternatives adiacent to the common area on Lot 12. Block 1 as shown in Exhibit A.6. The applicant shall submit an application for alternative compliance to the fencing standards listed in UDC 11-3A-7A.7. per UDC 11-3A-7A.9. 1.1.3 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 1.1.4 The final plat shall be consistent with the preliminary plat included in Exhibit A.5 as required by UDC 11-6B-3C. The amount of open space may be decreased as the minimum open space requirement is not applicable to this site and lot sizes may be increased. 1.1.5 The landscape plan submitted with the final plat shall be consistent with that shown in Exhibit A.6. The amount of open space may be decreased as the minimum open space requirement is not applicable to this site 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 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 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. EXHIBIT A 1.2.12 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. 1.2.13 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 (AZ-08-011; MDA-12-005). 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 has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 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. 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) obtain 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 The sanitary sewer main intended to provide service to this development currently exists in E. Arch Drive. 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 EXHIBIT A materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 The domestic water main intended to provide service to this development currently exists in E. Arch Drive. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 The applicant shall provide 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. 2.4 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. 2.5 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. 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. EXHIBIT A 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 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 100 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. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the 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 has no concerns related to this application. 4. FIRE DEPARTMENT EXHIBIT A 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 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/2" 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 '/2" 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. 4.3 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. 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 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. 4.6 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. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Parks, Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT EXHIBIT A 7.1 Site Specific Conditions of Approval 7.1.1 Correct deficiencies or replace deteriorated facilities for Ustick Road abutting the site. Included are sidewalk construction or replacement, curb and gutter construction or replacement, replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps, pavement repairs, signs, traffic control devices and other similar items. 7.1.2 Correct deficiencies or replace deteriorated facilities for Arch Drive, including sidewalk construction or replacement, curb and gutter construction or replacement, replacement of unused driveways with curb, gutter and sidewalk, installation or reconstruction of pedestrian ramps, pavement repairs, signs, traffic control devices and other similar items. 7.1.3 Construct a new roadway, Sharon Avenue, to intersect Arch Drive approximately 112 feet east of the west property line (measured near edge to centerline), as a 36 foot street section with curb, gutter, 5 foot wide attached sidewalk within 50 feet ofright-of--way. 7.1.4 Construct Chandler Street as a stub street to the west property line, located approximately 152 feet south of the north property line. 7.1.5 Construct a new roadway, Chandler Street as a Reduced Urban Local Street with a 29 foot street section with curb, gutter, and 5 foot wide attached sidewalk within 42 feet ofright-of--way. 7.1.6 Provide written approval for the reduced street section from the appropriate fire department or emergency response unit in the jurisdiction. 7.1.7 Install "NO PARKING" signs on one side of the proposed Chandler Street, as specified by the District and as specified by the appropriate fire department. 7.1.8 Provide a minimum offset of 125 feet for all roadways, as proposed. 7.1.9 Close existing driveways onto Ustick Road with the construction of sidewalk abutting the site. 7.1.10 Direct lot access to Ustick Road is prohibited and shall be noted on the final plat. 7.1.11 Payment of impacts fees are due prior to issuance of a building permit. 7.1.12 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACRD right-of--way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACRD right-of--way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas.