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PZ Recs/Staff ReportSTAFF REPORT TO: FROM: SUBJECT: Hearing Date: December 17, 2013 Mayor & City Council Sonya Wafters, Associate City Planner 208-884-5533 `~E ID$ IAN?- ~~ Bruce Freckleton, Development Services Manager 208-887-2211 AZ-13-016; PP-13-033 -Southern Highlands I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, BHH Investments I, LLC, has applied for annexation and zoning (AZ) of 126.27 acres of land with an R-4 zoning district. A preliminary plat (PP) is also proposed consisting of 162 single- family detached residential building lots, 12 common lots, 1 city park lot and 1 lot for future re- subdivision on 123.45 acres of land in a proposed R-4 zoning district for Southern Highlands subdivision. 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. The Meridian PlanninE & Zoning Commission heard these items on November 21, 2013. At the public hearinE, the Commission moved to recommend approval of the subiect AZ and PP requests. a. Summary of Commission Public Hearin: i. In favor: Matt Schultz; Tim Foster ii. In opposition: None iii. Commenting: Martin Fabricius; Gwen Boyle iv. Written testimony: Matt Schultz; Al and Barbara Berlat; John and Helen Huffman v. Staff presenting application: Sonya Waters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. The placement of the sidewalk along E. Taconic Drive. c. Kev Commission ChanEe(s) to Staff Recommendation: i. Modify DA provision #l.l.la to reflect a 3.6 acre park site instead of 7; ii. Add a DA provision requiring the developer of the eastern 45-acre portion of the plat to dedicate a minimum 3.4 acre park to the City prior to City Engineer signature on the first final plat (#l.l.lb); iii. Modify DA provisions #l.l.ld & l.l.le to allow the pedestrian easement for the multi- use pathway and the street buffer along Eagle Road to be completed with the first phase of development of the eastern 45-acre portion of the plat. d. Outstanding Issue(s) for City Council: i. None Southern Highlands AZ-13-016; PP-13-033 PAGE 1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13- 016 & PP-13-033, as presented in the staff report for the hearing date of December 17, 2013, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-016 & PP-13-033, as presented during the hearing on December 17, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ-13-016 & PP-13-033 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is generally located south of E. Amity Road, on the west side of S. Eagle Road and then north side of E. Taconic Drive, in Section 32, Township 3 North, Range 1 East. (Parcel #'s: 80988260168; 80988260164; 80988260242;80988260167) B. Owner(s): Blackrock, LLC/Triple D Land and Livestock, LLC 16166 N. 20th Street Nampa, Idaho 83687 City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 C. Applicant: BHH Investments I, LLC 1025 S. Bridgeway Place, Ste. 290 Eagle, Idaho 83616 D. Representative: Matt Schultz, Schultz Development, LLC P.O. Box 1115 Meridian, ID 83680 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: November 4, and 18, 2013 (Commission); November 25, and December 9, 2013 (City Council) C. Radius notices mailed to properties within 300 feet on: October 24, 2013 (Commission); November 21, 2013 (City Council) Southern Highlands AZ-13-o16; PP-13-033 PAGE 2 D. Applicant posted notice on site(s) on: November 7, 2013 (Commission); December 4, 2013 (Gifu Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped land currently being farmed, zoned RUT in Ada County. The City has a well and lift station lot on this site adjacent to E. Taconic Drive. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential properties, zoned R-4 in the City and R1 & RUT in Ada County 2. East: Rural residential properties, zoned RUT in Ada County 3. South: Vacant/undeveloped property, zoned RUT in Ada County and residential properties, zoned RUT in Ada County 4. West: Residential properties, zoned RUT in Ada County C. History of Previous Actions: In 2006, the subject property was platted as Lots 16 and 24, Block 1, Blackrock Subdivision in Ada County. Blackrock Subdivision was developed in 2006 under the Ada County "non-farm" ordinance with '/2 acre minimum lot sizes. The subject property on the north side of Taconic Drive and the property on the south side of Taconic Drive were platted as open space lots within Blackrock Subdivision. The portion of the property at the southwest corner of the subdivision was platted with urban density residential lots. Those lots were provided with City water and sewer service via a well and temporary lift station on the subject property through a Memo of Understanding (MOU) between Blackrock, LLC, Blackrock Subdivision HOA, and the City of Meridian. The MOUstates, "At such time as the property becomes legally eligible for annexation into the City, Blackrock, LLC or any successor(s) agree to give consent to annexation, to pay the annexation application fee, apply for annexation, and diligently pursue annexation into the City. " D. Utilities: 1. Location of sewer: This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8-inch diameter sewer main into the area from the future Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval. 2. Location of water: Water service to this development is contingent upon the developer extending a 12-diameter water main into the area from the future Whitebark Subdivision to the north. This 12-inch diameter main will need to connect to the existing 12-inch diameter main serving Pressure Zone #4 in E. Taconic Drive. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non-build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non-build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. 3. Issues or concerns: Noted above Southern Highlands AZ-13-016; PP-13-033 PAGE 3 E. Physical Features: 1. Canals/Ditches Irrigation: The Beasley Lateral and some other irrigation ditches traverse this site. The Ten Mile Creek runs along the northeast corner of the site. 2. Topography: There is a significant slope along the west boundary of the site (see contours on plat). 3. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: A portion of this site lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. A public park is designated in this area on the Comprehensive Plan. The LDR designation allows for the development ofsingle-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The western 79.1 acre portion of the site is proposed to develop with 162 residential building lots at a gross density of 2.05 dwelling units per acre. The eastern 45+/- acre portion of the site is proposed to be re-subdivided in the future with 115-120 building lots at a gross density of 2.6-2.7 dwelling units per acre. The maximum overall density of the subdivision is proposed to be 2.23 dwelling units per acre which is consistent with the LDR designation. The applicant proposes to dedicate a ~ 3.6 acre neighborhood park to the City with development of this property in accord with the Comprehensive Plan. 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 proposed medium-low density residential development should add variety to the low density residential uses that exist in this area. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.0X) Street buffer landscaping is required adjacent to S. Eagle Road, an arterial street, and street buffer landscaping already exists along E. Taconic Drive, a collector street, in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.O1F) The proposed medium low-density residential development should be compatible with existing adjacent residential and agricultural uses. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 11.91 acres (or 15.1 %) of common area to be provided on the site. The UDC (I1-3G-3) requires a minimum of 10% qualified open space to be Southern Highlands AZ-13-016; PP-13-033 PAGE 4 provided in accord with the standards listed in UDC 11-3G-3B. • "Provide a variety of park types (neighborhood parks, community parks, regional parks) interspersed throughout the community." The proposed plat depicts a 2 acre private park within the development as well as a 3.6 acre City park (with an additional 3.4 acres to be dedicated with the development of the Lot 1, Block 11 to the east). • "Support acquisition and development of new park land to meet the growing open space and recreational needs of the community." (2.01.04D) A public park site is designated on this property. Accordingly, the applicant proposes to dedicate a 7-acre park site to the City. • "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities." (3.05.02F) The proposed plat depicts larger size lots along the southwest boundary of the site as a transition to the larger lots in Blackrock Subdivision, an existing low density subdivision. A common lot is proposed along the west boundary adjacent to two rural residential/agricultural properties • "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) City services will be extended with the development of the site in accord with UDC 11-3A-21. 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. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-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 detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. Southern Highlands AZ-13-016; PP-13-033 PAGE 5 IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning The applicant has applied to annex and zone a total of 126.27 acres of land with an R-4 zoning district; this land was previously platted as Lots 16 and 24, Block 1, Blackrock Subdivision. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of LDR. The applicant proposes to develop single-family homes on the entire site; however, only the western 79.1 acres of land is proposed to be platted with single-family residential lots at this time. The remaining area is proposed to be platted as one large lot for future re-subdivision into 115- 120 single-family residential lots. A conceptual development plan was submitted for the large lot that depicts easements and right-of--ways for possible future street layouts (see Exhibit A.4). 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. Because the FLUM designation for this property is LDR, which allows for densities of 3 dwelling units per acre or less, Staff believes the proposed R-4 zoning is appropriate for this property. The R-2 zoning would limit densities to 2 units or less per acre. Even though the R-4 zoning would allow up to 4 units per acre, the applicant is only proposing an overall density of 2.05-2.7 dwelling units per acre consist with the LDR designation. B. Preliminary Plat The proposed preliminary plat is a re-subdivision of Lots 16 and 24, Block 1, Blackrock Subdivision. The proposed plat consists of 162 single-family residential building lots, 12 common area lots, one lot for a city park, and one 45-acre lot for future re-subdivision for single- family homes on 123.45 acres of land in the R-4 zoning district. A phasing plan was not submitted with this application; staff has requested the applicant provide one prior to the Council hearing. There is one parcel (80988260167) and one lot (Lot 24, Block 1, Blackrock Subdivision) on this site that is owned by the City of Meridian and is depicted on the proposed plat as "NAP". This parcel and lot should be included as lots in the proposed subdivision. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and found the plat to comply with those standards except for the following: 1) Lot 5, Block 2 and Lot 9, Block 7 needs to have a minimum street frontage of 60 feet; 2) Block 3 exceeds the maximum block length standard of 1,200 feet as defined in UDC 11-6C-3F; and 3) the E. Treston Creek Way stub street at the west boundary exceeds the maximum cul-de-sac length of 450 feet allowed by UDC11-6C- 3B.4. The plat needs to be revised to comply with the aforementioned block length and cul- de-sac standards prior to the City Council meeting. Access: Access to this site is proposed on the plat from S. Eagle Road via E. Taconic Street. Stub streets are proposed to the north and east for future extension and interconnectivity. At this time, only asingle-point of access is available to this subdivision. Southern Highlands AZ-13-016; PP-13-033 PAGE 6 The ACRD 2035 Planning Functional Classification Map depicts two collector streets across this property. One would run north/south and connect E. Amity Road and E. Taconic Drive; the other would run east/west from Taconic to the west boundary of the site. The proposed plat does not depict a collector street in either of these areas. Two stub streets are proposed at the north boundary to align with the stub streets approved with the Whitebark Subdivision preliminary plat which will provide access between Amity & Taconic; another stub street is proposed to the north near the west boundary for future extension. Because there will ultimately be 3 connections between Amity and Taconic, staff does not feel a collector street in this area is needed. Instead of providing a collector street to the west, staff recommends S. Graphite Way be extended as a stub street to the west boundary for future extension; a temporary turn around will need to be provided for emergency access at the end of the stub street that meets Fire Department requirements. Comments have not yet been received from ACRD on this application; however, staff has discussed the plan for a collector street across this property and the absence of such on the proposed plat. ACHD has stated they are amenable to not having collector streets within this plat provided the aforementioned connections are made to the north & west. Because there are already 441ots (approximately 30 of which are built out) in Blackrock Subdivision with asingle-point of access off of Taconic Drive via Eagle Road, a secondary emergency access is needed at the point when the combined number of homes in Blackrock Subdivision and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. Water/Sewer Service: This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8-inch diameter sewer main into the area from the future Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval. Water service to this development is contingent upon the developer extending a 12-inch diameter water main into the area from the future Whitebark Subdivision to the north. This 12-inch diameter main will need to connect to the existing 12-inch diameter main serving Pressure Zone #4 in E. Taconic Drive. Developer will be required to provide two water main connections to any phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non-build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non-build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. Pressurized Irrigation (Pn: PI will be provided by NMID via a new head gate on the Beasley Lateral at the northwest corner of Taconic Drive and Eagle Road. The current conceptual design calls for a pump station and gravity overflow to the Ten Mile Creek at this location. The exact design will be finalized with development plans and the first phase final plat. Storm Drainage: Storm drainage is proposed to be mitigated by detention/retention ponds and/or underground seepage bed disposal in accord with ACHD design criteria. Multi-Use Pathway: Amulti-use pathway (Ten Mile pathway, segment F) is designated along the southwest side of the Ten Mile Creek which crosses the northeast corner of the site as depicted on the landscape plan. Staff recommends a minimum 14-foot wide public pedestrian easement for amulti-use pathway is submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the first final plat. Southern Highlands AZ-13-016; PP-13-033 PAGE 7 Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Because the proposed plat is a re-subdivision of two existing lots in Ada County, a 30-foot wide street buffer already exists along E. Taconic Drive but landscaping details are not shown for that area on the plan. A minimum 25-foot wide street buffer is required along S. Eagle Road; staff recommends this buffer be constructed with the first phase of development. Landscaping within both street buffers is required to comply with the standards listed in UDC 11-3B-7C; a detailed plan demonstrating compliance with these standards is required to be submitted with the final plat application(s) for this subdivision. Open Space & Site Amenities: Based on the 79.1 acre portion of the site proposed to be developed at this time, a minimum of 10% of the site (or 7.91 acres) is required to consist of qualified open space as defined in UDC 11-3G-3B. The applicant proposes a total 12.16 acres (or 15.4%) of open space consisting of a 3.57 acre public park, a 2 acre private park, pathways and other common areas, street buffers along E. Taconic Street and S. Eagle Road, and parkways along internal local streets in compliance with this requirement. In accord with UDC 11-3G-3A.2, a minimum of 4 qualified site amenities are required to be provided with this development as set forth in UDC 11-3G-3C. The applicant proposes an additional 5% of open space, pathways, a swimming pool, clubhouse, tot lot/playground, and picnic shelter in compliance with this requirement. The applicant states the pool will be available for use by the adjacent Blackrock Subdivision residents for a nominal fee. City Park: The applicant proposes to dedicate a ~ 3_6 acre park site to the City with the western 79 acre portion of this development in accord with the Comprehensive Plan as discussed above in Section VII. The remaining 3.4 acre portion of the park as shown on the preliminaryplat on Lot 1, Block l lwill develop in the future. .The applicant is currently working with the Parks and Recreation Department on conceptual plans for the park. The applicant has stated they are prepared to deed the 3.6 acre portion of the park to the City prior to issuance of the 120th building permit. Parkways: Eight-foot wide landscaped parkways are depicted on the landscape plan along all internal local streets. Parkways are required to comply with the standards listed in UDC 11-3A- 17. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A 5- foot wide detached sidewalk is required along E. Taconic Drive and S. Eagle Road. When parkways are proposed, sidewalks shall be detached a minimum of 8 feet from the back of curb. The applicant is requesting a waiver to the requirement for a sidewalk on the north side of Taconic Drive due to the substantial mature landscaping that would be required to be removed to accommodate a detached sidewalk in this area. The south side of Taconic Drive has an existing 10-foot wide paved pathway for the entire length to Eagle Road that will be connected to the north side of Taconic via cross walks at various locations. The UDC does not allow for a waiver or alternative compliance to this requirement, nor is a variance appropriate. A 30 foot wide landscape easement is depicted on the plat along Taconic Drive; Staff recommends the sidewalk be located near the back edge of the easement/street buffer so the existing trees can remain. Southern Highlands AZ-13-016; PP-13-033 PAGE 8 Waterways: There are several irrigation ditches that traverse this site that are required to be piped with development of the site. The Ten Mile Creek runs along the northeast corner of the site and is required to remain open. Floodplain: A portion of this site lies within the Meridian Floodplain Overlay District. 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. Topography: The existing homes in Blackrock Subdivision to the southwest of this site are located on a ridge approximately 20-40 feet above the proposed subdivision. The proposed home elevations will range from 18 to 25 feet below the first floor elevations of adjacent Blackrock homes, per the applicant. The building lots along the southwest boundary of the proposed plat have a 50-foot wide slope easement along the rear lot lines. This area is proposed to be maintained by the individual homeowners and should be landscape and maintained in a consistent manner. Because there is not an easement holder in this case, staff recommends a minimum 70-foot wide rear building setback be required for those lots rather than an easement. Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.4. Because lots that back up to or face S. Eagle Road and E. Taconic Drive will be highly visible from these major thoroughfares, staff recommends the rear or sides of structures on lots that back up to or face E. Taconic Drive and S. Eagle 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 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/Zoning Map 2. Proposed Preliminary Plat (dated: 10/21/13) 3. Proposed Landscape Plan (dated: 10/21/13) 4. Conceptual Development Plan (dated: 10/21/13) 5. Conceptual Building Elevations 6. Whitebark Temporary Sanitary Sewer Plan 7. Lot Profile Exhibit B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Southern Highlands AZ-13-016; PP-13-033 PAGE 9 A. Drawings 1. Vicinity/Zoning Map F,xhibit A Page 1 2. 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E ~~~I ~~~ ~. ~. ~~- ..,,...~ ~, ~,~,, . ~,, F 'S ~~~ ~_ Whitebark Temporary Sewer Plan -4- TABLE 1-SERVICE AREA FOR 8-INCH SEWER IN ESTANCIA & BELLINGHAM PARK Dwelling Units Subdivision/Area s Served Throug h Estancia 8-inch Existing Proposed Future Temporarily Allowed Permanently Alloweds Bellingham Park 73 0 0 73 73 Estancia 104 0 0 104 104 Estancia 2z 0 0 60 60 60 40 Acre Parcel3 0 0 120 120 0 Whitebark 0 49 0 49 0 107 Acre Parcel4 0 0 321 45 0 Blackrock 44 0 0 44 0 Total 221 49 501 495 357 (1) Based on 2010 Sewer Master Plan density assumptions. (2) Located directly east of Estancia and north of Amity Road. (3) Located directly west of Whitebark and south of Amity Road. (4) Located south of Whitebark and northeast of Blackrock. (5) Assumes limiting reach is 0.40%. The temporary solution to provide sewer service has service limitations as to the number of lots allowed as prescribed in Table 1. -5- 7. Lot Profile Exhibit FXKTIrC BLACK Kf7IX AIBC/1V1510N pR(M[15C1>5[%tfFIFRN NK:{OANI%SURMVIiI(1N ~.u~ n~rtn'm'n ~ _ _ _ _ _ _ _~ _ _ _ .-. ~: ; aPPROXIMAT ' LOT PFtO~fI.E ~~ '04 ~ f~ ~6 q~ f ~? p r kk F ~~~~v ~~ s~ t~ z -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: a. The developer of the western 79-acre portion of the Plat shall deed a minimum ~ 3_6 acre park to the City prior to issuance of the 120' building permit for the site. b. The developer of the eastern 45-acre portion of the site (Lot 1, Block 11) shall dedicate a minimum 3.4 acre park to the Citesprior to signature on the first final plat by the City En - ig Weer. c. Direct lot access to E. Taconic Drive and S. Eagle Road is prohibited in accord with UDC 11- 3A-3. d. A minimum 14-foot wide public pedestrian easement for amulti-use pathway along the southwest side of the Ten Mile Creek 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 on the eastern 45-acre portion of the plat (Lot 1, Block 11~. e. The 25-foot wide street buffer along S. Eagle Road shall be constructed with the first phase of development of the eastern 45-acre portion of the~lat (Lot 1, Block 11) and landscaped in accord with the standards listed in UDC 11-3B-7C. f. The western 79+/- acre portion of the subdivision shall contain 12,000 square foot (s.f.) minimum lot sizes with 2,000 s.f. minimum home sizes, and a maximum residential lot count of 162 building lots. g. The eastern 45+/- acre portion of the subdivision (Lot 1 Block 11) shall develop in accord with the R-4 standards and shall contain a maximum of 120 building lots. Development shall substantially comply with the conceptual development plan included in Exhibit A.4. h. All future homes constructed on this site including homes within the future development area shall be generally consistent with the conceptual building elevations submitted with this application included in Exhibit A.4. i. The rear or side of structures on lots that back up to or face E. Taconic Drive and S. Eagle Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 1.1.2 The preliminary plat included in Exhibit A.2 shall be revised as follows: a. The E. Treston Creek Way stub street at the west boundary exceeds the maximum cul- de-sac length of 450 feet allowed by UDC11-6C-3B.4; and Block 3 exceeds the maximum block length standards defined in UDC 11-6C-3F. The plat shall be revised accordingly prior to the City Council meeting. -7- b. The street buffers along S. Eagle Road and E. Taconic Drive shall be included in common lots to be owned and maintained by the homeowner's association in accord with UDC 11-3B- 7C.2. c. Lot 5, Block 2 and Lot 9, Block 7 are required to have a minimum street frontage of 60 feet, per UDC Table 11-2A-5; revise accordingly. d. There are two streets named S. Shady Glade Street; revise accordingly. £ The parcel (80988260167) and existing Lot 24, Block 1 owned by the City of Meridian depicted as "NAP" shall be included as a lot and block in the proposed subdivision. g. Modify note #6 to read, "Direct lot access to E. Taconic Drive and S. Eagle Road is prohibited for residential lots." h. S. Graphite Way shall be extended to the west property boundary for future extension. A temporary turnaround that meets Fire Department standards is required until such time as the street is extended. 1.1.3 The landscape plan included in Exhibit A.3 shall be revised as follows: a. Include details for the existing landscaping within the street buffer along E. Taconic Drive to ensure compliance with the standards listed in UDC 11-3B-7C. b. Include tree class in the plant schedule. c. Depict landscaping on Lot 17C, Block 7. d. Include parcel #80988260167 and existing Lot 24, Block 1 owned by the City of Meridian depicted as "NAP" within the boundary of the subdivision; remove the "NAP". 1.1.4 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-7 and 11-3A-6B. 1.1.5 The developer shall provide a total of 12.16 acres (or 15.4%) of qualified open space as proposed consisting of a 3.57 acre public park, a 2 acre private park, several pocket parks, street buffers along E. Taconic Street and S. Eagle Road, and parkways along internal local streets, in accord with UDC 11-3G-3B. 1.1.6 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide an additional 5% of open space, pathways, a swimming pool, clubhouse, tot lot/playground, and picnic shelter as proposed. 1.1.7 The developer shall abandon the Beasley Lateral easement and relocate the lateral and new easement with development of Lot 1, Block 11. 1.1.8 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. 1.1.9 The developer shall obtain an encroachment agreement from the irrigation district for the building lots (Lots 18, and 21, Block 3) that encroach within the Peirce Lateral easement along the southwest corner of the subdivision. 1.1.10 The developer shall obtain a license agreement for any improvements on Lot 38C, Block 3 that lie within the irrigation easement for the Pierce Lateral. 1.1.11 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. -8- 1.1.12 The CC&R's for this subdivision shall include a provision for the slope area on Lots 3-17, Block 3 at the southwest boundary to be landscaped and maintained in a consistent manner. 1.1.13 A secondary emergency access is required at the point when the combined number of homes in Blackrock Subdivision and Southern Highlands Subdivision reaches 50 homes. The secondary access may be temporary until such time as a permanent secondary access is available. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to Director Street is prohibited. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 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- 11 C. 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-3F 1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. -9- 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 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 (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 This proposed development is currently not serviceable by the trunk sewer intended to provide service to the area, however the developer is proposing to provide service by extending temporary 8-inch diameter sewer main into the area from the future Whitebark Subdivision to the north. This temporary solution does have service limitations as to the overall number of lots allowed. This proposal has been reviewed by the Public Works Department, and has received conceptual approval; however it shall be limited to a total of 2141ots as depicted on the "Whitebark Temporary Sanitary Sewer Plan" map and "Table 1" that is attached as Exhibit A-6. The 2141ot maximum threshold for the temporary service boundary will be considered on a first come, first served basis. Once the trunk main intended to provide service to this area is available in E. Amity Road, the applicant shall be required to convert the temporary service over to permanent service from the trunk sewer main. The applicant shall also be responsible for the extension of the trunk main through this development to the south boundary. 2.1.2 Water service to this development is contingent upon the developer extending a 12-diameter water main into the area from the future Whitebark Subdivision to the north. This 12-inch diameter main will need to connect to the existing 12-inch diameter main serving Pressure Zone #4 in E. Taconic Drive. Developer will be required to provide two water main connections to any -10- phase containing more than 25 lots, unless this number of lots is increased in the future by action of the City Council. Alternatively, the applicant may enter into non-build agreement with the City of Meridian on the number of lots beyond the above restriction. Said non-build agreement will be recorded into Ada County Records. A note shall be added to the face of the plat so that future lot buyers will be noticed, and a reference to said note shall be added to each affected lot. 2.1.3 Applicant shall be required to extend an 8-inch diameter water main from the end of the S. Graphite Way cul-de-sac across Lot 18, Block 3 to the west property line in alignment with the shared property line between Parcels #88847000120 and # 88847000155. 2.1.4 Due to the elevation differentials in this development, the applicant shall be required to submit an engineered master grading and drainage plan for approval by the Community Development Department prior to signature on the final plat by the City Engineer. This plan shall establish, at a minimum; the finish floor elevation of each building lot, the finish grade elevations of the rear lot corners, the drainage patterns away from each building pad, the drainage patterns of the overall blocks, and any special swales or subsurface drainage features necessary to control and maintain storm water drainage. Applicant's engineer shall consult the 2009 International Residential Code when establishing the finish floor elevations and drainage patterns away from the building pads. 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. 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 -11- (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. 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 -12- 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 has concerns on the number of homes to be constructed in the proposed subdivision that will be in addition to the approximately 30 homes currently located in Black Rock Subdivision. All of these homes will have a single access point from Taconic Drive. Should there be any obstruction or delay at the intersection of S. Eagle Road and Taconic Drive, emergency services would have no access to approximately 225 homes. This is not acceptable and will require a provision for secondary access to be constructed at the point the combined Southern Highlands and Black Rock subdivisions reach 50 homes. This access can be a temporary "emergency" access. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 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'/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above fmished grade to the center of the 4 '/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. -13- 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 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. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 50 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than''/2 the diagonal measurement of the full development as set forth in International Fire Code Section D 104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.7 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.8 The applicant shall work with Public Works and Planning Department staffto provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.9 The Fire Department has concerns on the number of homes to be constructed in the proposed subdivision that will be in addition to the approximately 30 homes currently located in Black Rock Subdivision. All of these homes will have a single access point from Taconic Drive. Should there be any obstruction or delay at the intersection of S. Eagle Road and Taconic Drive, emergency services would have no access to approximately 225 homes. This is not acceptable and will require a provision for secondary access to be constructed at the point the combined Southern Highlands and Black Rock subdivisions reach 50 homes. This access can be a temporary "emergency" access. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The Meridian Pathways Master Plan depicts amulti-use pathway on the southwest side of the Ten Mile Creek. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. -14- C. Legal Description & Exhibit Map for Annexation Boundary T-© ENGINEERS CONSULTING ENGINEERS, SiJRVEYORS ANO PLANNERS 332 N. BROAOM4RE WAY SUITE 101 NAMPA IDAHO 83887 208arA2-8300 • FAX 20Bd68~7944 Projec#: 130164 llate: November 1, 2013 Page: 1 of 3 SOUTHERN HIGHLANDS SUBDIVISIQN ANNEXATION BOUNDARY This parcel is situated in a portion of Section 32, `t'ownship 3 North, Range 1 Ease, Boise Meridian, Ada County, Idaho, mote particularly described as Lots 16 and 24, Block 1, a pardon of I.ot 1, Block 4, a portion of l.ot 1, Block S, and a portion of Lot I, Block 6 of Blackrock Subdivision No. 1, an fife in the office of the Recorder, Ada County, Idaho, in Book 96, Pages 12043-1200$, and a portion of S. Eagle Road and E. Taconic [)rive Right-of--Ways, the exterior boundary of which is more particularly describod as follows: BEGINNIAIG at the northeast catyter of the SE 114 of said Section 32 froth which the northeast corner of said Section 32 bears N.00° 13' 1 S"E,, 2677.52 fcet; theme along the east boundary of said SE114, A) 5.04° 13'44"W., 142.17 feet to the intersection. of the centerline of said F.. Taconic Drive; thence abng said centerline, 1) N.89°48'38"W., 528.23 feet to a tangent point of curvature; thence continuing along a curve to the right, 2) having an arc length of 268.04 feet, a radius of 750.00 feet, through a central angle of 20°'28'36"' and a chord bearing of N.79°34'20"W., 266.61 feet to a tangent point of reverse curvature; thence cxntinuing slang. a curve to the left, 3) having an arc length of 266.1 ? feet, a radius of 750.04 fiat, through a central angle of 20°20'03" and a chord bearing of N.79°30'03"V~., 264.78 feet to a point of tangcttcy; thertcc continuing, 4) N.89°40'05"W., 802.51 feet to a tangent point of curvature; thence continuing along a curve to the left, 5) having an arc length of 409.39 feet, a radius of 500.44 feet, through a central angle of 46°54'46" and a chord bearing of 5.66°52'32"W„ 398.05 feet to a point of tangency; thence continuing, 6) 5.43°25'49"W., 584.72 feet; thence leaving said centerline, BOISE • GOI:UR d'ALENE •NAMPA -15- Project 130164 Date: November 1,2013 Page: 2 of 3 7) N.46°34'81"W., 25.04 feet to the mast easterly comer of Lot 23, Block t of aforementioned Blackrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 23, 8) N.46°34'81"W., L90.40 feet to the easterly comer common w Lots 22 and 23, Block i of said l3iaekrock Subdivision Na. t; thence along the northeasterly boundary of said Lot 22, 9) N.74°49'32"W., 192.98 feet to the easterly comer common to Lots 21 and 22, Black i of said 131aekrock Subdivision No. 1; thence along the northeasterly boundary of said Lot 2l, 10) N.63°50' 17"W., 178A1 feet to the easterly corner common to Lots 20 and 21, Block i of said Blackrock Subdivision No. 1; thence slang the northeasterly boundary of said Lot 20, 11) N.37°30'04"W.,172.16feet to the easterly comae common to Lots 19 and 20, Block 1 of said Blackrack Subdivision No, 1; thence along the northeasterly boundary of said Lot 19, 12) N.4 l °47' SO"W., 170.59 feet to the easterly comer common to Lots i $ and 19, Block 1 of said Blackrock Subdivision No. 1; thence along the nordseastedy boundary of said Lot t a, 13)N.57°19'56"W., 173.04 feet to the easterly corner common W lots 17 and 18, Block 1 of said Blackrack Subdivision No. 1; thence along the northeasterly boundary of said Lot 17, 14) N.36°48'80"W., 172.53 feet to the most northerly corner of said Lot 17; thence abng the northwesterly boundary of said Lat 17, 1 S) 5.46°34'38"W., 161.81 feet to the mast westerly corner of said I.ot 17; thence, 16) S.6S°59'30"W., 50.05 feet to the northeast. comer of Lot 1 S, Block 1 of said Blackrock Subdivision No. 1; thence along the north boundary of said Lvt 15, 17) 5.89°49'48"W., 235.10 feet to the northeast corner of Got 10, Block 1 of said Blackr~oclc Subdivision No. 1; thence along the north boundary of said Lot 10, BOISE • COEUR -16- Project: 130164 Date: November 1, 2013 Page: 3 of 3 18} 5,89°49'48"W., 20.00 feet to the northwest corner of said Lot 10. said paint being an the west boundary of the NE U4 of the S W 114 of said Section 32; thence slang said west boundary, 19} N,00° 10' 12"W., 2.24 feet to the southwest earner of the SE 114 of the NW 1/4 of said Section 32; thence along the west boundary of said SE 114 of the NW I/4, 20} N.00°S3' 12"E., 1337.41 feet to the northwest corner of said SE 114 of the N W 114; thence along the north boundary of said SE 114 of the N W 114, 21 } 5.89°43'51"E., 1335.91 feet to the northwest corner of the S 112 of the NE 114 of said Section 32; thence slang the north boundary ofsaid S l/2 of the NE 114, 22} 5.89°41'56")., 1718.43 feet to the rrortheasterly top of bank of the Ten Mile Drain and the easterly boundary of aforementioned Lot 16, Block 1 of Blackrock Subdivision No. I ; thence along said top of bank and said easterly boundary, 23) 5.36°35'50"E.,198.56 feet; thence continuing, 24) 5.47°26'09"E., 889.12 feet; thence leaving said tap of bank and continuing along said easterly boundary, 2S) N.$9°39"49"W.,113.10 feat; dtence continuing, 26} 5.00°13' 14"W., 253.57 feet; thence continuing, 27) 5.89°39'49"E., 276.89 feet ~ a point on die east boundary of the NE 1 /4 of said Section 32; theme slang said east boundary, 28)5.00°13'15"W., 326.34 feet to the PUIIYi' OF BEGl1YNING. CONi'AINING 126.27 acres, more or less. 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Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property from RUT in Ada County to the R-4 zoning district. The Commission finds that the proposed map amendment is generally consistent with the LDR FLUM designation for this site and should be compatible with adjacent residential uses. Therefore, the Commission 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; The Commission finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that 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, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The Commission finds annexing this property with an R-4 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VIl, of the Staff Report for more information. -20- b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers (i.e., Police, Fire, 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 The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACRD considers road safety issues in their analysis. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. -21-