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Casa Bella Subdivision RZ-13-013 PP-13-032CITY OF MERIDIAN E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW AND I D A H O DECISION & ORDER In the Matter of the Request for Rezone of 5.44 Acres with the R-8 Zoning District AND Preliminary Plat Consisting of One (1) Church Lot, Twenty-one (21) Single-Family Residential Building Lots and Four (4) Common Lots on 14.69 Acres for Casa Bella Subdivision, Located on the West Side of N. Locust Grove Road; between E. Chinden Boulevard and E. McMillan Road, by Providence Properties LLC. Case No(s). RZ-13-013 and PP-13-032 For the City Council Hearing Date of: December 17, 2013 (Findings on January 7, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 17, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 17, 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). RZ-13-013 and PP-13-032 -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 Division, 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 December 17, 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 rezone and preliminary plat is hereby approved per the conditions in the attached Staff Report for the hearing date of December 17, 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). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-013 and PP-13-032 -2- 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 December 17, 2013 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-013 and PP-13-032 -3- ~~~ By action of the City Council at its regular meeting held on the day of ~Cti,,,,ti-L~-~-, , 2014. COUNCIL PRESIDENT BRAD HOAGLUN VOTED~°~ COUNCIL VICE PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED~~ COUNCIL MEMBER KEITH BIRD VOTED ~. MAYOR TAMMY de WEERD VOTED ~- ITIE BREAKERI Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. ' I L~~. Dated: ~ ~ 0 City Jerk' e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-013 and PP-13-032 -4- EXHIBIT A STAFF REPORT Hearing Date: December 17, 2013 E IDIAN~-- TO: Mayor and City Council 1 D A N C} FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Casa Bella Subdivision - RZ-13-013 and PP-13-032 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied to rezone (RZ) 5.44 acres of land from the L-O zoning district to the R-8 zoning district and preliminary plat (PP) twenty-six (26) lots consisting of one (1) church lot, twenty- one (21)single-family residential lots and four (4) common lots on approximately 14.69 acres in the existing L-O and proposed R-8 zoning districts. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed rezone (RZ) and preliminary Plat (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 Planning and Zoning Commission heard these items on November 21, 2013. At the public hearing, the Commission voted to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Kevin McCarthy ii. In opposition: None iii. Commenting: Cathleen Turek and Randy Clarno iv. Written testimonv: Kirsti Allphin v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. None c. Kev Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for Citv Council: i. None a, Summary of City Council Public Hearing: L In favor: Kevin McCarthy 11. In opposition: None jjja Commenting: None jy. Written testimonv: None y. Rtaff presenting annlication: Bill Parsons yi. Other staff commenting on annlication: None Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 1 EXHIBIT A ]2, ev Issues of Discussion by Council: i_ Nine ~,. K@y Council Changes to Staff/Commission Recommendation is he Council annroved the annlicant's request for the reduced landscape buffer along e south boundary of the church lot and the continuing use of the two (21 existing driveways nrovidin~ access to the church. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-13- 013 and PP-13-032, 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 RZ-13-013 and PP-13-032, 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 RZ-13-013 and PP-13-032 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 on the west side of N. Locust Grove Road, midway between E. Chinden Boulevard and E. McMillan Road, in the SE'/4 of Section 30, Township 4 North, Range 1 East. (Parcel #S0530417300) B. Owner(s): Church of Jesus Christ of Latter-day Saints 50 E. North Temple Street Salt Lake City, UT 84150 C. Applicant: Providence Properties, LLC 701 S. Allen Street, Suite #108 Meridian, ID 83642 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 rezone and preliminary plat. A public hearing is required before the Planning and 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, Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 2 EXHIBIT A and December 9.2013 (Council) C. Radius notices mailed to properties within 300 feet on: October 24, 2013(Commission); November 21, 2013 (Council) D. Applicant posted notice on site(s) on: November 11, 2013(Commission); December 5, 2013 Council VI. LAND USE A. Existing Land Use(s) and Zoning: The property is developed with a church and ball fields, zoned L-O. The Church is selling surplus land to the applicant to develop the proposed residential subdivision. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Madelyn Estates Subdivision, zoned R-4 2. East: Vienna Woods, zoned R-4 3. South: Tustin Subdivision, zoned R-4 4. West: Cardigan Bay Subdivision, zoned R-4 C. History of Previous Actions: In 2008, the City approved the annexation (AZ-07-019) of the church property. A provision of annexation was a requirement for a development agreement which recorded as instrument #108108426. The DA covers redevelopment of the site. D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in N. Locust Grove Road. b. Location of water: A water main intended to provide service to the subject property currently exists in N. Locust Grove Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities transverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this site. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This site is designated on the Comprehensive Plan Future Land Use Map (FLUM) as Medium Density Residential (MDR). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The church lot (Lot 13, Block 1) will remain, zoned L-O. The proposed rezone (approximately 5.44 acres) to the R-8 zone is consistent with the MDR designation. The plat contains twenty-one (21)single-family residential lots for a gross density of 4.07 dwelling units per acre consistent with the desired density of MDR designated areas. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 3 EXHIBIT A 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 density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of only medium-low residential properties. • "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 N. Locust Grove Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-S and I1-3A-7 respectively. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) Although the proposed lots sizes are smaller than the adjacent subdivisions, the applicant is proposing the develop the subdivision with single family detached homes on lots that exceed the minimum size of 5,000 square feet required in the R-8 district. Therefore, stafffinds the proposed single family residential development should be compatible with the adjacent residential and existing church uses. Typically, the UDC requires a 20 foot wide landscape buffer between L-O zoned property and abutting residential district. Since the church predates the proposed subdivision, staff is of the opinion that the buffer should not be required in this instance and adequate screening could be provided by the future home owners as they customize their back yards. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I) The subject property is surrounded by properties developed at urban densities slightly under the proposed residential development. Therefore, Staff finds the proposed subdivision should be compatible with the surrounding subdivisions. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.O1F) The proposed development is contiguous to the city and city services are available to be extended to the site upon development in accord with UDC 11-3A-21. • "Require common area in all subdivisions." (3.07.02F) The applicant is required to provide a minimum of 10% qualified open space for the residential portion of the development in accord UDC 11-3G-3. The plat depicts 10.3% (or 0.52 acres) of qualified open space in compliance with this requirement. The majority of the open space consists of 8 foot wide parkway, SO% of the Locust Grove street buffer and a 6, 468 square foot linear open space. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 4 EXHIBIT A • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow."(3.03.03C) The main entrance into the proposed residential development is from N. Locust Grove Road via E. Strauss Drive. For future connectivity, the applicant is proposing a stub street (N Midnight Haze Avenue) along the south boundary of the church lot. Currently the church has two (2) access points to N. Locust Grove Road. The applicant is seeking Council's approval to maintain the existing curb cuts to N. Locust Grove Road. The existing access points remaining are predicated on ACHD's and Council's approval. For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): LIMITED OFFICE DISTRICT (L-O) -The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. MEDIUM- DENSITY RESIDENTIAL DISTRICT (R-8): 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: Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the L-O zoning district. The existing church is a principally permitted use in the L-Ozone. Table 11-2A-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 and UDC 11-2A-6 for the L-O and R-8 zoning districts. D. Landscaping: 1. A 25-foot wide street buffer is required adjacent to N. Locust Grove Road and must be landscaped in accordance with the standards listed in UDC 11-2B-3 and UDC Tablel 1-2A- 6 and UDC 11-3B-7C for the L-O and R-8 zoning districts. 2. Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11-2B-3 and UDC 11-3B-9C. The applicant is requesting the Council's approval to modify the 20 foot landscape buffer between the church lot and the proposed residential development. 3. Per UDC 11-3G-3, the residential portion of the plat is required to provide 10% open space and one amenity. 4. The 10-foot wide pathway adjacent to N. Locust Grove Road must comply with the design standards in accord with UDC 11-3A-8. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 5 EXHIBIT A F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings and UDC 11-3C-6B for the church lot. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE: The applicant has applied to rezone 5.44 acres of land from the L-O zoning district to the R-8 zoning district (see legal description in Exhibit C). As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR for this property. A development agreement (DA) was required as a provision of annexation when the property was annexed in 2008. The recorded DA addresses the future requirements of the property (access, platting and landscaping) upon redevelopment. Based on the analysis below, staff finds the proposed development complies with the provisions outlined in the DA. PRELIMINARY PLAT: The proposed preliminary plat consists of one (1) church lot, twenty-one (21) residential lots and four (4) common lots on approximately 14.69 acres of land in the L-O and proposed R-8 zoning districts. The proposed gross density for the residential portion of the subdivision is 4.07 dwelling units per acre which is consistent with the proposed R-8 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2B-3 and UDC Table 11-2A-6 for the L-O and proposed R-8 zoning districts. The church lot has no minimum lot size or frontage requirements, thus the proposed lot meets the dimensional standards of the L-O zone. Per UDC Table 11-2B-3, a 25-foot wide landscape buffer is required adjacent to N. Locust Grove Road. The submitted plat does not depict the required 25-foot wide landscape easement across Lot 13, Block 1. With the submittal of the first phase of a final plat, the required landscape easement must be depicted on the plat in accord with UDC 11-3B-7C2.b. The twenty-one (21) residential lots must comport to the R-8 dimensional standards set forth in UDC 11-2A-6. The minimum lot size proposed is 5,938 square feet with the average lot size being 7,184 square feet. After reviewing the submitted plat all of the lots appear to comport with these standards. Access: The main access for the residential portion of the development is from N. Locust Grove Road via E. Strauss Drive. A stub street is proposed along the south boundary of the church lot for future connectivity. The adjacent subdivisions to the north, south and west were not required to provide street connectivity to the church property. Staff is of the opinion the western half (ball fields) of the property has the potential to redevelop in the future. To ensure this is a viable stub street, staff recommends the applicant provide a concept plan showing how the west half of the church property could redevelop. Prior to the Commission, the applicant should provide a concept plan that includes a viable lot layout, the road extension and a secondary access through the church parking lot. There are two (2) existing driveways via N. Locust Grove Road for the existing church; these driveways are proposed to remain with the development of the subdivision. The applicant has requested Council waiver to allow the access points to remain. ACHD staff is recommending approval of the existing access points and the proposed street network. Multi-Use Pathway: Amulti-use pathway is designated on the Master Pathways Plan for this site. The applicant is proposing to construct a 10-foot wide pathway adjacent to Locust Grove Road in accord with the City of Meridian Masters Pathway Plan. Because there is inadequate space to transition to 10-foot pathway from the south side of E. Strauss Drive with the 5-foot Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 6 EXHIBIT A detached sidewalk constructed with the Tustin Subdivision, the applicant is proposing a small segment of the 5-foot detached sidewalk adjacent to Locust Grove Road. Staff has discussed the proposal with the Parks Department and they are supportive of the transition. Phasing Plan: The applicant has not submitted a phasing plan with the subject application. The proposed preliminary plat depicts the church lot however; the landscape plan excludes the church property implying the subdivision may be phased. Staff is of the opinion that church lot should be included with the first phase of a final plat to ensure the pathway is constructed as proposed. This pathway segment is an important connection for the City and nearly completes the pedestrian access along the west side of N. Locust Grove Road. Once constructed, the pathway will connect this property with the pathway system constructed within the Madelyn Estates Subdivision, Saguaro Canyon Subdivision, Ventana Subdivision and Paramount Subdivision. Landscaping: A minimum 25-foot wide street buffer is required along N. Locust Grove Road landscaped in accord with the standards listed in UDC 11-3B-7C. The submitted landscape plan does not include the existing landscape buffer developed on the church lot. With the submittal of a final plat application, the applicant must include the existing landscape buffer on the church lot to ensure compliance with the aforementioned standards. As mentioned above, the applicant is seeking Council waiver to modify the 20-foot wide the landscape buffer between the church lot and the proposed residential development. As evident in Exhibit A-3, the residential portion of the development abuts a driveway and ball field along the south boundary of the church lot. An existing landscape buffer is installed in the southern parking lot that segregates the parking stalls and the driveway. Since this is an infill development and the existing church pre-dates the proposed residential development, staff is of the opinion the existing landscaping and the open ball fields should suffice for the requirement of the 20-foot landscape buffer. Further, the adjacent home owners will know of the existing church before purchasing the property and will have the ability to customize their backyards in the future. Based on the aforementioned analysis, staff recommends the Council approve the applicant's request to count the existing ball field and the parking lot landscaping as the required buffer. If the unimproved street right-of--way adjacent to Locust Grove Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10- foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. Open Space and Site Amenities: A minimum of 10% open space is required for the residential portion of the development in accord with UDC 11-3G. The residential portion of the site consists of 5.16 acres; a minimum of 0.52 of an acre of qualified open space is required to be provided. The plat depicts 0.52 of an acre of qualified open space consisting of 50% of the Locust Grove Road street buffer, 8-foot parkways, local street buffers and passive open space, consistent with this requirement. A minimum of one site amenity is required to be provided with this development as defined in UDC 11-3G-3C. The applicant is proposing to extend the City's pathway network by constructing a 10-foot multi-use pathway adjacent to Locust Grove Road incompliance with this requirement. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15. Fencing: A detailed fencing plan was not submitted the subject application. There is existing fence along the south and west boundary of the site. To ensure cohesive fencing is constructed Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 7 EXHIBIT A with the proposed subdivision, the applicant should submit a detail fencing plan with the final plat application. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter and common open space fencing must be designed in accord with UDC 11-3A-7. Parkways: The applicant is proposing 8-foot wide parkways adjacent to the internal local streets. The parkways must comply with the standards set forth in UDC 11-3A-17 and UDC 11-3B-7C. The applicant must enter into a license agreement with ACHD for the proposed improvements within the right-of--way. Sidewalks: Sidewalks are required along all public streets. The applicant is proposing 5-foot wide detached sidewalks along all of the internal streets. All sidewalks constructed within the development must comply with UDC I 1-3A-17. Building Elevations: Conceptual building elevations for future homes in this development were submitted by the applicant and included in Exhibit A.4. Administrative design review is not required for detached single-family residential homes. However, staff recommends that the rear of structures on Lots 22-24, Block 1 that back up to Locust Grove 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 rezone and preliminary plat request with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 10/11/13) 3. Proposed Landscape Plan (dated: 10/11/13) 4. Conceptual Building Elevations B. Conditions of Approval C. Legal Description and Exhibit Map for the Proposed Rezone D. Required Findings from Unified Development Code Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 8 EXHIBIT A A. Drawings 1. Vicinity Map _ _~~^ w o A! ~ •1!_w_. T2UT - ~ p ~ a r _.. R_75 C-C ~ ILO f Ewers[ Sk . 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I ~ ~ ~ tJ k ( ~ (~ P ~' ERoan J~ ' Gr k~S t ~ 1~''u C ~ ~~ ~ __ ^ I z _ ; _ ' ~ •`~ ~, ills r_I ~ ~ ~ ' I a' { I ,R {~~ e Yuck Dr zi7., ... ` ~ - ~ ~ I I VJh ..`ft" 1 xpy o -~ p rt k St i~ I illan-R . - ` ..: z n ~ ~ ~ . ... - ! - _ I ..T, . t aw .1J_. E M~/~l-4an~~ ~.,.._ . ,. ... .. E Tip"vasu FaTlf St ; ~.....- I I ., = i ~ ~ ".. - 1 ~ _-__..v z ~ ~Ti ~' A 1~l = c ~?E;. Casa Bella Subdivision R7-13-013; PP-13-032 PA('P. 8 EXHIBIT A 2. Proposed Preliminary Plat (dated: 10/11/13) - _, _® ___._ _-_ __= o~ -- - - -- ~ w.u ~ ' _. _ .' - i - -Y. t ~^-1 ~ ..r II~,.t im.l_ ~Il a. li t~'~,.'j I# Ar. tea' I I .... I f .... _v_ 9t -I ~~ uw L ~ ~i~ •Y I s I t ,~ I ~ ~~ I I ~~ I I_ ~/ / .nv _ ~: I - ~ - 1 .. S ...~ ~ ~ I .. \ I i ss- ~ ; ~._ ~--- I ~~ s,..-. t / /,r ,sn.' 1 4 I I i I ~ I I u I i ..., I ~G', -~ _ ~~. ~. I t i' I I ~ I I r I I I t~ 1 d cASA ~ELU susorvlsloN ' j PRELIMINARY PLAT ~iouu+. ~ fi atoe~ mu 1 u~zaoMVwrws __ ~ ~ .l - ~~: iii' ~~ '~:°.:_ '~:~r~.:.. :~ M6MINR/MT GTA~ M~• wow I ~~ ~ ~ OpITACT MOM~110N- n~w_ ~~ `°~R~.W 5 ,fi ~ - .~- - =m~ ~.7k ~r ~ ,. ~, 4 M 49Ew3__ -_ u y _ r ..I ~ _ +Y ~-~_ gnuaa.e r., .. .~. i~~ nArl. ~~ ~~ -j- . , x~T ...}. .:. { , ,,,; t _ Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 9 EXHIBIT A 3. Proposed Landscape Plan (dated: 10/11/13) USA BELLA SUBDIVISION PRELIMINARY LANDSCAPE PLAN MERIDIAN, IDAHO OCTOSER201I y~ioshyerata ,. ~~: ~99;a3 ~~~^lS' ~.., .........4' m'~..~.. W. _......._.__ _" .w~ ... _~_.... M~i~ f ~~-+MM~ wrw~rwww~ tw ~ n '~ ~ a r.rnr. ~rr~-~wrn T1Y s 1 ~ ~ • ~. rM > v ~ ti Pwrr ~ ,w. rr Y ~<w4 ~> ....-.~~..~.....ww,.,....," ~ .. ttt~tllES O ~w.. ~pw .'P.L': ~ ~ ~~f~~~~A~wY+R~aM~ Q9~GSS~srss~.s:asr •.swP rt~mARSaQx wio . -~r~.~si~a:~:..,.r, ._._.~~ `~~.: R M COMfICf Il011W1TgN ~- S+ ~:~ .~:a: g= -- uw~~ argyR.gps s~c,~m.....v. .,.~ "..'1'~'i:t: Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 10 EXHIBIT A Casa Bclla Subdivision R1,-13-013: PP-13-032 PAGE 1 1 EXHIBIT A 4. Conceptual Building Elevations Casa Bella Subdivision RZ-13-013; PP-13-032 PAGF, 12 EXHIBIT A EXHIBIT B - CONDITONS OF APPROVAL 1. COMMUNITY DEVELOPMENT 1.1 REZONE and PRELIMINARY PLAT Site Specific Conditions of Approval 1.1.1 The proposed development shall comply with the provisions in the recorded development agreement (Instr. #108108426). 1.1.2 The preliminary plat prepared by KM Engineering, dated 10/11/13, shall be revised as follows: a. Depict the required 25-foot wide landscape easement across Lot 13, Block lwith the first phase of a final plat. b. To ensure the viability of the stub street (N. Midnight Haze Avenue), the applicant shall provide a concept plan showing how the west half of the church property could redevelop prior to the Commission hearing. At a minimum the concept plan shall include a viable lot layout, the road extension and a secondary access through the church parking lot. c. Other than the access specifically approved with this application direct lot access is prohibited to Locust Grove Road and shall be noted on the final plat. d. The church lot (Lot 13, Block 1) shall be included in the boundary with the first phase of a final plat. 1.1.3 The landscape plan prepared by KM Engineering, dated 10/11/13, shall be revised as follows: a. The applicant shall provide a minimum of 0.52 acres of open space as proposed with the development of the residential subdivision. b. Construct a 10-foot pathway adjacent to N. Locust Grove Road with the first phase of development. The pathway shall extend from the north boundary of Lot 13, Block 1 and terminate at the north side of E. Strauss Drive as proposed. c. To ensure cohesive fencing is constructed with the proposed subdivision, the applicant shall submit a detail fencing plan with the final plat application. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter and common open space fencing must be designed as set forth in UDC 11-3A-7. d. The applicant shall construct a 25-foot wide landscape buffer adjacent to N. Locust Grove Road with the development of the residential subdivision in accord with UDC 11-3B-7C. With the submittal of a final plat application, the applicant shall include the existing landscape buffer developed on the church lot to ensure the landscape buffer complies with the aforementioned standards. The width of the landscape buffer shall be measured from the ultimate curb location as anticipated by ACRD. The detached sidewalk and pathway shall have an average minimum separation of greater than four feet (4') to back of curb. The revised landscape plan shall depict the ultimate right-of--way (curb location) as anticipated by ACHD to ensure the required 25-foot landscape buffer is being provided in accord with UDC 11-3B-7C. e. c'°~°~°°~~~m°~a~ The Council approved the applicant's request to include the existing ball field and the parking lot landscaping as the required buffer between land uses in accord with UDC 11-3B-9C2. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 13 EXHIBIT A f. If the unimproved street right-of--way along N. Locust Grove Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the developer is required to maintain a 10-foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-3B-7C.5. 1.1.4 Comply with all ACHD conditions of approval. 1.1.5 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face N. Locust Grove Road (Lots 22-24, Block 1). The future building restriction form shall note compliance with the approved building elevations. General Conditions of Approval 1.1.6 Comply with all bulk, use, and development standards of the L-O and R-8 zoning districts listed in UDC 11-2B-3 and UDC 11-2A-6. 1.1.7 Comply with all provisions of 11-3A-3 with regard to access to streets. The two (2) existing driveways providing access to Lot 13, Block 1 may remain, as proposed. 1.1.8 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.1.9 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. 1.1.10 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.1.11 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.1.12 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.1.13 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.1.14 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.1.15 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.1.16 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3. 1.1.17 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. 1.1.18 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Ongoing Conditions of Approval 1.1.19 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. 1.1.20 All common open space and site amenities (excluding the church lot) shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 14 EXHIBIT A 1.1.21 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.1.22 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. 1.1.23 The applicant shall have an ongoing obligation to maintain all pathways. 1.1.24 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.1.25 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. Process Conditions of Approval 1.1.26 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. 1.1.27 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. 1.1.28 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.1.29 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. 1.1.30 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. 1.1.31 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 Applicant shall be required to install a fire hydrant adjacent to the east edge of the right-of--way in lieu of a blow-off at the north end of N. Midnight Haze Avenue. 2.2 General Conditions of Approval 2.2.1 The applicant shall install sanitary sewer mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Domestic water mains to provide service to this development will be from an extension of the existing main adjacent to the site. Per Meridian City Code, the applicant shall be responsible to install water mains to and through this development. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 15 EXHIBIT A 2.2.3 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 development plan approval. 2.2.4 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.6 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. 2.2.7 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. 2.2.8 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. 2.2.9 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. 2.2.10 All development improvements, including but not limited to sanitary sewer and water, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.11 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. 2.2.12 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. 2.2.13 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.14 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 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. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 16 EXHIBIT A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.24 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 3. POLICE DEPARTMENT 3.1 The current preliminary plat shows a stub street into the rear field of the church adjacent to this development. This is designed as a one-way and has the potential to be developed in the future into a long one way street into a dead end. Both Fire and Police are highly concerned at the potential length of the street with no secondary access or at least a public safety emergency secondary access. This needs to be mediated to an agreeable point before final approval. 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 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length are as follows: 1) Roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface of 26-feet in width available at all times and shall have no parking; 2) Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 17 EXHIBIT A Streets less than 32-feet in width shall have no parking on one side; and 3) Streets more than 39-feet in width shall be allowed to have parking on both sides. These measurements shall be based on the drivable surface dimension. Special approval is required for access roads over 750' in length per International Fire Code Table D103.6.1. and D103.6.2. The roadway shall be able to accommodate an imposed load of 75,000 GVW. The street widths with 33 feet measured from back of curb shall have rolled curbs. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 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. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 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. 4.7 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. 4.8 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. 4.9 The applicant shall work with Public Works and Planning Department staff to 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. 4.10 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 Construct a 10-foot pathway adjacent to N. Locust Grove Road. The pathway shall extend from the north boundary of Lot 13, Block 1 and terminate at the north side of E. Strauss Drive as proposed. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 18 EXHIBIT A 7. ADA COUNTY HIGHWAY DISTRICT (DRAFT COMMENTS) 7.1 Site Specific Conditions of Approval 7.1.1 Construct a 25 foot landscape buffer and 10 foot wide pathway on Locust Grove Road, abutting the site. Provide a permanent right-of--way easement for public sidewalks placed outside of the dedicated right-of--way on Locust Grove Road. The easement shall encompass the entire area between the right-of--way line and 2 feet behind the back edge of the sidewalk. 7.1.2 Construct all internal local roads as proposed, as 36 foot street sections with curb, gutter, 8 foot wide landscape buffers, 5 foot wide detached concrete sidewalk and 62 feet ofright-of--way. 7.1.3 Construct two (2) knuckles as proposed. 7.1.4 Construct Midnight Haze Avenue to stub to the north property line as proposed. Install a sign at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.5 Two existing driveways located approximately 316 feet and 712 feet north of the south property line are to remain, as proposed. 7.1.6 Direct lot access other than the access specifically approved with this application is prohibited to Locust Grove Road and should be noted on the final plat. 7.1.7 Payment of impacts fees are due prior to issuance of a building permit. 7.1.8 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 ACHD right-of--way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD 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. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 19 EXHIBIT A 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 20 EXHIBIT A C. Legal Description & Exhibit Map for the Proposed Rezone 9233 WEST STATE STREET ~ BOISE, ID 83714 ~ 208.639.6939 ~ FAX 208.639.6930 Date: 10/11/13 Project No.: 13-076 EXHIBR A t.EGAI DESCRIPTION FOR REZONE A parcel of land situated in a portion of the NE 1/4 of the SE 1/4 of Section 30, Township 4 North, Range 1 East, Boise Meridian, qty of Merdaian, Ada County, Idaho, and being more particularly described as follows: Commendng at an aluminum cap monument marking the east 1/4 corner of saki Section 30, which bears N00'00'32"W a distance of 2,652.23 feet from an aluminum cap marking the southeast comer of said Section 30, thence following the easterly line of said SE 1/4 of Section 30, 500.00'32"E a distance of 558.61 feet to the PCdNT OF BEGINNING. Thence folbwing said easterly line, 500'00'32"E a distance of 30855 feet to a found 5/8-Inch rebar, Thence leaving said easterly pne and foik~wing the noRheriy line of Tustin Subdivisbn No. 1, N89°13'36"W a distance of 785.07 feet to a found 5/8-inch rebar; Thence leaving saki northerly Nne and following the easterly Ene of Cardigan Bay Subdhrislon, N00°00'32"W a dist~ce of 295.67 ket to a point; Thence leaving saki easterly Nne, N89'S0'01"E a distance of 785.00 feet to the t>OINT OF BEGINNING. Said parcel centains 5.44 acres, more or less, and is wbject to all existing easements and/orrights-of- way ofrecord or impped. ENGINEERS ~ SURVEYORS ~ RLANNERS Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 21 lp•!t•?.~~3 EXHIBIT A N E 1/4 SECTION 30 POINT OF COMMENCEMENT 30 29 ~7 1 0 ~00 _ Plnn Senle POINT OF BEgNNING• N89'S0'01 "E 783.00' ~~ NC9 ~ N 'LZ ~ N APN: 50530417300 (PORTION) ~t~ ~ ~~ CURRENT ZONING:L-0 ~~ r ~ ,:~~ PROPOSED ZONING:R-8 ~IIMO ~ g REZONE AC:5.44t ~ $N ~^ ~~ z N89'13'36"W 783.07' _ TUSTIN SUBDNISION No. 1 ~.:~~. rue~a flf3 WESTSTAI[ST11rET war, mAxoaan~ rlgNe IuN ffaff3f FA%(20f) f79d970 30 2D 31 32 12459 I'° ~7~,~ov_ ©N t. f 0•~~. EXHIBIT B -REZONE PORTION OF THE PROPOSED CASH BELLA SUBDIVISION rwxcr. r~ox SHEET: SITUATED IN A PORTION OF THE NE 1/4 OF THE SE 1/4 SECTION 30, 1 OF 1 T. 4 N., R._1 E., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO LEGEND ~ ALUMINUM CAP O 3/d-INCH REBAR B CALCULATED POINT ~• - - REZONE BOUNDARY - - - - -SECTION LINE - - - ADJACENT BOUNDARY M- RIGHT-OF-WAY UNE Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 22 EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant requests a rezone approximately 5.44 acres of the subject property from the L-O zoning district to the R-8 zoning district. The Council finds that the proposed map amendment is generally consistent with the MDR FLUM designation for this property. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council 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 Council considered all oral or written testimony 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 Council 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 Council finds this provision does not apply to the subject rezone application. 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 Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 23 EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council 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 Council 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 Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD and ITD consider road safety issues in their analysis. The Council considered all public testimony presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council finds there are no significant natural, scenic or historic features that will be lost with development of the site. Casa Bella Subdivision RZ-13-013; PP-13-032 PAGE 24