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Three Corners MDA 13-017ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 48 BOISE IDAHO 01116114 03:39 PM DEPUTY Lisa Batl III IIIIIIII'IIIIIIIIIIIIIIII'I~ II~ ~I~ RECORDED-REQUEST OF 11400425 Meridian Ciry ADDENDUM TO THE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. David Dean, Owner/Developer +n ~ o I ~{ This addendum is made and entered into this day of , 2'~9I-3; by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho, ereafter called CITY and David Dean whose address is 1890 E. Dunwoody Court, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. RECITALS A. CITY and OWNER/DEVELOPER, and/or predecessors, entered into that certain Development Agreement dated February 28, 2008 (Instrument # 108022887). B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to the Development Agreement in accordance with the terms in this Addendum, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511A. C. City Council has approved Findings of Fact and Conclusions of Law on November 16, 2013 as set forth in Exhibit "A", which aze attached hereto and by this reference incorporated herein as if set forth in full. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPERshall bebound bythe terms of the Development Agreement, except as specifically to Section 4.1, Section 5.1 and Section 16 of the original Development Agreement as follows: 4. USES PERMITTED BY THIS AGREEMENT.• 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified atMeridian Unified Development Code § 11-2A§ 11-2B which are herein specified as follows: Construction and development of 54 single family residential lots, 8 commercial lots and 6 common lots in the proposed C-C, R-8 and R-4 zoning districts pertinent to File# PP 13-025 ADDENDUM TO DEVELOPMENT AGREEMENT (MDR 13-017 THREE CORNERS SUBDIVISION) PAGE 1 OF 5 4.2 No change in the uses specified in this Agreement shall be allowed without moth, facation of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. The owner/developer shall comply with the submitted home elevations attached in Exhibit A. 2. All future development of the subject property shall comply with City ofMeridian ordinances in effect at the time of development. 3. The Applicant shall be responsible for all costs associated with sewer and water service installation. 4. The following shall be the allowed uses on this property: Permitted and accessory uses within the C-C zone. All conditionally permitted uses on the subject site shall be subject to CUP approval. 5. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 6. The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any commercial building construction on the subject property. 7 Except for one fudl-access for the private school and one public street access to Locust Grove Road, no other access points to Locust Grove Road or Chinden Boulevard shall be allowed. 8. Construct a 35 foot wide landscape street buffer along Locust Grove Road and Chinden Boulevard as proposed. Include the construction of a 10 foot wide pathway adjacent to Chinden Boulevard in accordance with UDC 11-3H-4. 9. Construct a minimum 25 foot wide landscape buffer between all C-C zoned property and residential uses. 10. Preserve a minimum 70 foot wide right-of--way for Chinden Boulevard, and construct a minimum 10 foot wide pathway adjacent to the site. ADDENDUM TO DEVEIAPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDMSION) PAGE 2 OP 5 11. Future development of the commercial lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 12. The owner/developer shall pay 50% of the sign cost (not to exceed $5000.00) for an entryway monument sign on the southwest corner of Chinden Boulevard and N. Locust Grove Road. 16. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 OWNER/DEVELOPER: David J. Dean 1890 E. Dunwoody Court Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 I6.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 2. That Owner/Developer agree to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this addendum to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall bebinding onthe Owner/Developer of the Properly, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the condifions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had detemuned that Owner/Developerhove fully performed their obligations under this Addendum. ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDIVISION) PAGE 3 OP 5 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and Ciry relative to the subject matter herein, and there are no promises, agreements, conditions orunder-standing, either oral or written, express or implied, between Owner/Developer and City, other than as aze stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this second addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of Ciry. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public heazing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN By. ~ , Mayor T e rd Attest: `o~4DµpTIiD gDC~sr, I~ ~ ~ ~~ 3 s ,~ n „c~~yac SEAL w ~R R e~/de 1RE A5RR ADDENDUM TO DEVELOPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDIVISION) PAGE 4 OA 5 STATE OF IDAHO ) County of Ada, ss: On this ~ day of ~ ar1~, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared David Dean known or identified to me to be the person who executed this agreement, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,...,, (SEAL) : 5~1CT Ajr ~~ .'~, '~ . ~ ^ . ~ ~ • ~, ~ • . 9/E OF ~•• '••..... STATE OF IDAHO ) Lary Public or Idaho ~esiding at t? V G~ I ctrl l ~ My Commission Expires: o70J U ss County of Ada ) f /' +y r On this day of `~ ~~~~~ 201 before me, a Notary Public, personally appeared Tammy de Weerd and-3a}~eee~-He1 Ar;~lmo°w oridentified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such Ciry executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) _.Mc~l~~-, ~. ~I-I~~ Notary Public for Idaho n Residing at: ~~GQ L~1-ex-Q- , Z Commission expires: ~ a~f ~ ADDENDOM TO DEVELOPMENT AGREEMENT (MDA 13-017 THREE CORNERS SUBDIVISION) PAGE S OF 5 Exhibit A W N ~- 9 p O N N b li! ~ N A QQ~ ~ ~ i (U w w P ~ ~ I f F W~ ~ ~~~~ `n s U j E .~ ° ~ t ax ~„= ~ + J 1 1 1ppC ] W~ ~~P kn ~ 2 ~~~~ s'~'n~ C ~Y ° g ~ ~~t4 °: m - - ~ t ~ ~. ~ :y Exhibit A P n N H IQ "Q ~ .. _ ~Y wee.... .~ A 1 1 I I N I 0 ~ ~ ~ 1 i I gg ~ ~ ~' P I E I I I 1 r O - - i ~ ~ I a~ ~ Q IXNp \1 x I 4. _-_ ,u, . pl AS'ai "- .R:f S+h e _~ 0 m s .-, a~ 3 6 ~ o ~ 0 Sp ~0 ~ --- fAB~ ~a ~ - 0 ~ ~ ~3y ~ ~_ $9 ~~ i - A ~ o ~ 9 9. ~m ~P 9 Fa ^k d !s~ a 3 W ^ .. VV } p' 1 ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (~i~E IDIAN~-- IDAHO In the Matter of the Request for Rezone of 31.73 Acres to the C-C, R-8, R-4 Zoning Districts; Preliminary Plat Consisting of 54 Single-Family Residential Lots, 8 Commercial Lots and 6 Common Lots on 30.27 Acres of Land and Development Agreement Modification to Amend the Recorded Development Agreement for Three Corners Subdivision to Incorporate a New Plat Design, Attach New Home Elevations and Update Specific Provisions, Located on the Southeast Corner of Chinden Boulevard and N. Locust Grove Road, by David Dean. Case No(s). RZ-13-010; PP-13-025 and MDA-13-017 For the City Council Hearing Date of: November 6, 2012 (N~ndings on November 19, 2013) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 6, 2013, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 6, 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, 201 I, 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-O10; PP-13-025 and MDA-13-O17 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Deparhnent 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 November 6, 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, preliminary plat and development agreement modification for Three Corners Subdivision is hereby approved per the conditions of approval in the attached staff report for the hearing date of November 6, 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 ] 1-6B-7A). lu 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement maybe initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period CITY OP MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-010; PP-13-025 and MDA-13-017 -2- (UDC 11-SB-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of November 6, 2013 CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-13-010; PP-13-025 and MDA-13-017 -3- By action of the City Council at its regular meeting held on the._~ day of y \ t~Q ~r~2„ 2013. COUNCIL PRESIDENT BRAD HOAGLUN COUNCIL VICE PRESIDENT CHARLIE ROUNTREE COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) VOTED~g~. VOTED VOTED VOTED VOTED ~~~~~ Attest: Ciry Clerk Mayor TarrX(n~de Weerd ,o~tnr~nnL~cr,`, (// ee r~ Y `O w 0 d ^ City of Copy served upon Applicant, The \uAN~ SEAL W ~~ `~fl,e lPU5l0. Public Works Depadment apd City Attorney. Dated: fl CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW ANU DECISION & ORUER CASENO(S). R7-13-010; PP-]3-025 and MDA-13-017 -4- EXHIBIT A STAFF REPORT Hearing Date: November 6, 2013 E IDIAN~- TO: Mayor and City Council I D A H O FROM: Bill Parsons, Associate CiTy Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Three Comers Subdivision - RZ-13-010; PP-13-025 and MDA-13-017 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant has applied for a rezone (RZ) of 31.73 acres of land from the C-C (Community Business District), R-8 (Medium-density Residential) and R-2 (Low-density Residential) zoning districts to the C-C (Community Business District), R-8 (Medium-density Residential) and R-4 (Medium Low-density Residential) zoning districts; preliminary plat approval of 681ots consisting of 54 residential lots, 8 commercial lots and 6 common lots on 30.27 acres of land; and a development agreement modification to incorporate a new plat design, attach new home elevations and update certain provisions in the recorded DA relevant to the proposed development. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PP and MDA 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 and Zoning Commission heard these items on October 3, 2013. At the oublic hearine, the Commission voted to recommend approval of the subiect RZ and PP requests. a. 5ummarv of Commission Public Hearing: i. In favor: Kent Brown ii. In opposition: None iii. Commenting: None iv. Written testimony: Kent Brown in response to the staff report v. Staff presenting application: Bill Parsons vi. Other staff commenting on apolication: None b. Kev Issue(sl of Discussion by Commission: i. None c. Kev Commission Changetsl to Staff Recommendation: i. None d. Outstanding Issuefsl for City Council: i. None as City Council Public Hearing: j, in favor: Kent Brown ]l. In onnnsitinn: None jjj, Commenting: None Three Comers Subdivision RZ-13-O10; PP-13-025 &MDA-13.017 PAGE 1 EXHIBIT A jy, Written testimony: None y, Staff nresentin¢ annlication: Bill Parsons yl, Other staff commentine nn application: None IL ev Issues of Discussion by Councih i. None L Kev Council Chan¢e¢ to StafflCommission Recommendation i. lYnne III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-13- 010, PP-13-025 and MDA-13-017 (optional), as presented in the staff report for the heazing date of November 6, 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-O] 0, PP-13-025 and MDA-13-O17 (optional), as presented in the staff report for the hearing date of November 6, 2013, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers RZ-13-010, PP-13-025 and MDA-13-017 (optional), 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 southeast corner of E. Chinden Boulevard and N. Locust Grove Road in Section 29, Township 4 North, Range 1 East. (Parcel No.: 50529223000) B. Owner/Applicant(s): David Dean 1746 E. Dunwoody Court Meridian, Idaho 83642 C. Representative: Kent Brown, KB Planning PO Box 36 Meridian, Idaho 83680 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone, preliminary plat and development agreement modification. 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: September 16, and 30, 2013 (Commission); October 14 and 28.2013 (Council) C. Radius notices mailed to properties within 300 feet on: September 5, 2013(Commission); October 10.2013 (Councih Three Corners Subdivision RZ-13-010: PP-13-025 &MDA-] 3-017 PAGE 2 EXHIBIT A D. Applicant posted notice on site(s) on: September 21, 2013 (Commission); October 18.2013 Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently being farmed and consists of agricultural property, zoned C-C, R-8 and R-2. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Chinden Boulevard and Banbury Subdivision, zoned R-1-P in the City of Eagle 2. East: Private school, zoned C-C; and church, zoned R-8 3. South: Dunwoody Subdivision, zoned RUT in Ada County 4. West: Fuller Ranchettes Subdivision, zoned Rl in Ada County C. History of Previous Actions: In 2007, the property received comprehensive plan map amendment (CPA-07-011), annexation (AZ-07-017) and preliminary plat (PP-07-021) approval for a mixed use development consisting of a private school, retail, office and residential uses. The preliminary plat consisted of 33 residential lots, 11 commercial lots and 10 common lots. A development agreement (DA) was required with the annexation of the property (#108022887). Subsequent final plats (FP-08-006 and FP-O8-019) and time extensions (TE-10-024 and TEC 12-009) have also been approved by Council keeping the previous approvals valid. D. Utilities: 1. Public Works: a. Location of sewer: With the previous approvals back in 2008, two small sections of the sanitary sewer system were extended from the existing main in N. Locust Grove Road. With this current application, the sewer systems will be continued throughout. b. Location of water: With the previous approvals back in 2008, one small section of the water system was extended from the existing main in N. Locust Grove Road. With this current application, another connection to the N. Locust Grove main will be required, in addition to the water systems being continued throughout. c. Issues or concerns: Anew water main source will need to be extended into the proposed development at the southwest comer, and looping will need to be accomplished for any mains serving more than 251ots. E. Physical Features: 1. Canals/Ditches Irrigation: The Fuller Drain and the Karnes Lateral exist on the site and will require tiling per code. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use -Community (MU-C)" on the Comprehensive Plan Future Land Use Map. The purpose of this designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated. Featured elements of the mixed use development should include the following: • Residential densities at a minimum of 6 dwelling units to the acre; Three Corners Subdivision RZ-13-O1n; PP-13-025 & MDA-13.017 PAGE 3 EXHIBIT A • Where feasible higher density along SH 20/26 to serve employment destination centers; • A conceptual site plan; • Provide community serving facilities; • Provide some form of common, usable area, such as a plaza or green space; • Landscape buffering between commercial and existing low or medium density residential; • Three different types of land uses and; • Be accessible to neighborhoods by both vehicles and pedestrians. This site is proposed to develop with a mix of commercial and residential. In looking at the overall MU-C designated area and the surrounding development in the area, the proposed development incorporates many of the mixed use elements of the comprehensive plan. An existing private and public school are developed in the area. A transition is being provided between the county residences on the east and south boundaries through a common lot and varying lot sizes. The commercial portion may develop with a mix of office and retail uses to serve the proposed development. A central park is proposed along the south boundary of E. Three Comers Drive. Lastly, an integrated pathway system is proposed that links the residential portion of the development with proposed open space, the proposed commercial development, the adjacent school site and the 10-foot pathway required along Chinden Boulevazd. Although the densiTy of the proposed development (2.64 dwellings per acre) is under the target density of the comprehensive plan, the number of residential lots and density has increased over the previously approved plat in 2007. Based on these factors, Staff is of the opinion that the proposed plat is generally consistent with the comprehensive plan and the adjacent development in the area. 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 and medium density residential development will contribute to the variety ofresidentiad densities in [his area of the City as previously envisioned. 2. "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 E. Chinden Boulevard, N. Locust Grove Road and E. Three Corners Drive, in accord with the standards listed in UDC Il-3B-7C. Separate permits shall be obtained far signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively. 3. "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) A 35 foot wide landscape buffer will be required along E. Chinden Boulevard and N. Locust Grove Road, all entryway corridors, in accord with the standards listed in UDC 11-3B-7C Landscape Buffers along Streets. 4. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.O1F) A majority of the lots along the perimeter of the development are larger to size to provide transitional lots sizes between the proposed development and the adjacent county • developments to the east and south. 5. "Require common area in all subdivisions." (3.07.02F) Three Corners Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 4 EXHIBIT A The applicant is required to provide a minimum of 10% gualifed open space as set forth in UDC 11-3G-3. The plot depicts 12.9% (ar 3.9 acres) of qualifted open space in compliance with this requirement. 6. "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. 7. "Encourage and promote the preservation and expansion of Chinden Boulevard (US 20!26) by ITD (3.03.02L)." The applicant has coordinated with ITD on the preservation ofright of way (ROW) along the Chinden corridor. The total ROW needed for this segment of corridor is I40 feet. The submitted plans depict the 30 feet ofadditiona[ (70 feet total from centerline) ROW. 8. "Provide housing options close to employment and shopping centers." (3.07.02D) The proposed residential development will provide housing opportunities in close proximity to the new Fred Meyer shopping center at the northeast corner of Chinden & Linder and a little further away to the Village at Meridian & Meridian Crossroads developments at Fairview & Eagle and the shopping center at Ustick and Eagle. 9. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.O1F) The proposed single family residential development should be compatible with existing adjacent residential, agricultural, school uses and church uses developed in the area. 10. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (3.03.03C) A stub street is proposed at the south boundary for future connectivity consistent with this goal. 11. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) An integrated pathway system is proposed that links the residential portion of the development with proposed open space, the proposed commercial development, the adjacent school site and the ]0 footpathway required along Chinden Boulevard. 12. "Require new development to construct and maintain monument signs, consistent with the Welcome to Meridian signage plan." (2.01.03G) The owner volunteered to contribute a monetary amount towards a gateway monument sign on property located on the southwest corner of Chinden and Locust Grove. Staff has included this commitment as a recommended provision of the development agreement below. 13. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads: ' (3.03.02N). Public street access is provided to N. Locust Grove Road, cross access is proposed for the commercial lots and no access is proposed to Chinden Boulevard consistent with this goal. For the above stated reasons, staff is of the opinion the proposed project is consistent with the goals and objectives in the Comprehensive Plan. Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 5 EXHIBIT A VIIL UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): COMMERCIAL DISTRICTS (C-C): -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. RESIDENTIAL DISTRICTS (R-4 and 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 C-C zoning district. 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, UDC 11-2A-5 and UDC 11-2A-6 for the C-C, R-4 and R-8 zoning districts. D. Landscaping: • Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tablesl 1-2B-3, UDC 11-2A-5 and UDC 11-2A-6 and UDC ] 1-3B-7C for the C-C, R-4 and R-8 zoning districts. • Parking lot landscaping: All parking ]ot landscaping shall comply with the standards listed in UDC 11-3B-8C. • Landscape buffers to residential uses shall comply with the standards listed in UDC Table 11- 2B-3 and UDC 11-3B-9C. • The proposed micropaths shall comply with the design standards in accord with UDC 11-3A- 8 and UDC 11-3B-12. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. 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 commercial lots. LY. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone and Development Agreement Modification (RZ and MDA): As mentioned above, this property was approved for a mixed use development and zoned accordingly. At the time, fewer residential lots were proposed and more detail was provided for the development of the commercially zoned property. Due to the changes in the residential market, the applicant has applied to rezone approximately 31.73 acres of land from the C-C, R-8 and R-2 zoning districts to the C-C, R-4 and R-8 zoning districts. The rezone would allow the zoning to match the new plat design, reduce the acreage of commercial zoning and increase residential zoning acreage to incorporate more residential lots over the previous plat. Since the Three Comers Subdivision R7.-13-0f0; PP-13-025 & MDA-13-017 PAGE 6 EXHIBIT A proposed project differs from the previous approvals, the zoning boundaries must change and the recorded development agreement (DA) must be amended to incorporate new provisions relevant to the proposed subdivision. Staff has provided the appropriate DA sections that need to be modified: • Section 4.1: Construction and development of 33 54 single family residential lots, -1-~ 88 commercial lots and ~ 66 common lots in the proposed C-C, R-8 and ~ R-4 zoning districts ^- "~ ^.~-4-ao;;~ pertinent to File# PP-13-025. T'-° _..a•......« .._^..:..:^......o.,.^ ~:... ^~,. r^_:.,:^.. • Section 5: Provision #1 -Replace all language including bullet points and add the following: The applicant shall com~v with the submitted home elevations attached in Exhibit A.4. Add the following new DA provisions: • Future development of the commercial lots shall comQly with the desien standards listed in UDC I 1-3A-19 and the euidelines contained in the Meridian Desi@.n Manual. • The applicant shall kgv 50% of the sign cost fnot to exceed $5000.001 for an entryway monument sien on the southwest corner of Chinden Boulevard and N. Locust Grove Road. Preliminary Plat The proposed preliminary plat consists of 54 residential lots, 8 commercial lots and 6 common lots on 30.27 acres of land in the C-C, R-4 and R-8 zones. The minimum lot size proposed with the residential portion of the plat is 5,235 square feet and the average lot size is 8,500 square feet. The commercial lots range in size between 29,510 square feet up to 51,040 square feet. The gross density for the proposed subdivision is 2.64 dwelling units to the acre. Although the proposed density is under the target density of the comprehensive plan and the UDC, staff is of the opinion the density is consistent with the surrounding residential developments and provides a higher density than the previous plat. Dimensional Standards: The residential zoning districts (R-8 and R-4) require minimum lots sizes. The minimum lot sizes for the detached single family residences in an R-8 zone is 5,000 square feet with a minimum of 50 feet of frontage; the R-4 standards require lot sizes of 8,000 with frontages of 60 feet. A few of the R-8 lots (Lots 21, 22, 24 and 25, Block 1) do not meet the frontage requirements of the R-8 zone and must take access from a common drive. With the submittal of the final plat, the common drive easement must comply with the standards set forth in UDC 11-6C-3D. The commercial (C-C) portion of the development does not have dimensional standards. Landscape buffers for the commercial development may either be a common lot or a permanent dedicated buffer. The submitted plat does not depict the required 35-foot wide permanent landscape buffer easement along the east side of N. Locust Grove Road or the 10-foot wide landscape buffer on the north side of E. Three Corners Drive. The plat must depict the required permanent landscape buffer easements with the submittal of the final plat. Easement: The applicant is required to provide a looped water system for the development. The submitted plat shows an 8-inch water main along the south boundary of Lots 15-19, Block 2. Public Works is not amenable to the proposed location of the water main and is requiring it be rerouted through Common Lot 4, Block 2 and connect into the water main terminating in the W. Red Barn Court cul-de-sac. With the submittal of the final plat, the applicant must widen the Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 7 EXHIBIT A portion of the common lot between Lots 14 and Lot I5, Block 2 and the portion abutting the west boundary of Lot 15, Block 2 from 20 feet to 30 feet to accommodate the water main installation. In addition to the above connection, the applicant is required to provide a looped water system for any mains serving more than 25 lots. Specifically, the submitted plat shows an 8-inch water main in E. Oak Garden Way and N. Hawk Creek Court that is serving over 251ots. Public Works is not amenable to the proposed configuration and is requiring the dead end main be rerouted through Common Lot 20, Block 1 and connect into the water main serving Lots 4, 5, 8 and 9, Block 1. Irrigation Easement: A 25-foot irrigation easement in favor of the Karnes Lateral Association runs along the south property boundary and impacts Lots I5-19, Block 2 and Lot 49, Block 1. Since these are larger lots, staff is of the opinion the lots can accommodate the proposed homes however, the applicant must obtain a license agreement from the irrigation district to develop the easement area with fencing and landscaping. If Karnes requires an access across the buildable lots in the form of a gravel road and a portion of the property cannot be customized by the home owners, staff recommends the applicant place the easement in a common lot to be maintained by the HOA. Access: Access is proposed on the plat via one public street access from E. Three Corners Drive which connects to N. Locust Grove Road. A stub street is proposed to the south for future extension. However, there is currently a new home being constructed adjacent to.the southern stub street which could impede the extension of the roadway. Prior to the Commission hearing, the applicant should provide a dimensioned exhibit that demonstrates that the proposed stub street can be extended in the future and also provide the secondary access required by the Fire Department. Since commercial lots are proposed for the development, the applicant is providing cross access in accord with the standards set forth in UDC 11-3A-3. Development along State Highways: UDC 11-3H-3 regulates any development along state highways. This section of the code also regulates access to State and Federal highways and future right of way reservations for ITD, Chinden Boulevard limits access to the half mile mark between section lines. The applicant has not proposed any access points to Chinden Boulevard with the submitted PP application. As indicated on the preliminary plat for the project, the applicant is responsible for reserving 70 feet of right way for future expansion of Chinden Boulevard. A provision in the recorded development agreement requires the preservation of the ITD right-of- way. Multi-Use Pathway: The UDC requires a 10-foot wide multi-use pathway to be constructed along E, Chinden Boulevard (SH 20/26) within a public use easement. Prior to signature on the first final plat, the applicant is required to submit a public pedestrian easement to the Planning Division for approval by City Council and subsequent recordation. Noise Abatement: For the R-8 portion of the development, noise abatement is required to be provided adjoining the state highway. Noise abatement is obtained by providing a berm or berm and wall combination a minimum of 10 feet higher than the elevation at the centerline of the state highway. The applicant has proposed a berm along SH 20/26 however, it does not comply with the aforementioned standard. With the submittal of a final plat, the applicant must provide a berm detail that meets the standards set forth in UDC 11-3H-4D. Open Space and Site Amenities: A minimum of 10% of the total land area of the site is required to be provided for open space in accord with UDC I1-3G-3A; the requirements for qualified open space is defined in UDC 11-3G-3B. The residential portion of the plat consists of approximately Three Comers Subdivision RZ-13-010; PP-]3-025 & MDA-13-017 PAGE 8 EXHIBIT A 19.21 acres; therefore, a minimum of 1.92 acres of qualified open space is required to be provided. The qualifying open space for the residential portion totals approximately 2.96 acres which exceeds the l0 percent required by the UDC. Overall 3.9 acres (or 12.9%) of open space is proposed with the plat, consisting of parkways along E. Three Comers Drive, 50% of the street buffers along the arterial streets (Chinden and Locust Grove), two (2) passive open space lots (2.12 acres), several micropath lots and several green belt lots developed with an internal pathway network. In accord with UDC 1 I-3G-3A-2, a minimum of two (2) site amenities consisting of the following: quality of life, recreation, and pedestrian or bicycle circulation system amenities are required to be provided with this development in accord with UDC 11-3G-3C. The applicant is proposing an integrated pedestrian pathway throughout the development, ] 0-foot multi-use pathway adjacent to Chinden Boulevard and a covered picnic area on Lot 4, Block 2. Since the a central park (Lot 1, Block 2) is proposed adjacent to the commercial development and the comprehensive plan encourages a useable open space to be part of the development ,staff recommends the applicant provide a sitting area within Lot 1, Block 2 to serve the proposed commercial development. Details of the covered picnic area and the sitting area must be provided with the final plat submittal. If the sitting area is provided within Lot I, Block 2, Staff finds the proposed subdivision complies with the open space and site amenity standards of the UDC. Landscaping: If the unimproved street right-of--way along N. Locust Grove Road and Chinden Boulevard 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. Existing Trees: There are existing trees on the property that may need to be removed with the development of the property. The applicant should protect all existing trees on the site that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B- ] 0, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. Witk the submittal of the final plat the applicant should submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Parkways: Landscaped parkways and center medians are proposed along E. Three Corners Drive. Both the parkways and the center medians must comply with the standards set forth in UDC 11-3A-17 and UDC 11-3B-7C. Sidewalks: Sidewalks are required along all public streets. A 5-foot wide detached sidewalk is required adjacent to N. Locust Grove Road. All sidewalks constructed within the development must comply with UDC 11-3A-17. Ditches, Laterals, and Canals: The Fuller Drain and the Karnes Lateral run through/along this property. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 9 EXHIBIT A 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 aeeas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-IS and MCC 9-1-28. Existing Structures: The site currently contains an existing barn on Lot 15, Block 2. Because the existing barn is considered an accessory structure and is not accompanied by a main living (principal) structure, it should be removed prior to the City Engineer's signature on the final plat. Fencing: No fencing is shown on the submitted plans. A detailed fencing plan should be submitted upon application for final plat approval. 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. Building Elevations: The applicant has not provided any details of the proposed commercial buildings for site; however the commercial portion of the development is required to comply with the structure and site design standards set forth in the UDC as noted below. A recommended provision of the development agreement requires compliance with these standards with the development of the commercial property. Conceptual building elevations were submitted for the homes in this development as shown in Exhibit A.4. Staff is supportive of the proposed design features portrayed with the home elevations. Design features include a mixture of wood and stucco siding, covered front porches decorative corbels, window trim and varying roof planes. Although single family homes are not required to obtain design review approval, the Meridian Design Manual encourages similar building materials and mix of materials be incorporated into all sides of the future homes, specifically, for those facades that face a public street and common open space. Future homes constructed within the subdivision must comply with the elevations attached in Exhibit A.4 below. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC application is required to be submitted prior to issuance of building permits for any of the commercial lots. The applicant is required to obtain approval of a Design Review application for the proposed structures and site design for the commercial development. This application may be submitted concurrently with the CZC application. The applicant must comply with the design standards listed in UDC I 1-3A-19 and the guidelines contained in the Meridian Design Manual. Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan and the requirements of the UDC and recommends approval of the proposed plat. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 08/14113) and Road Extension Exhibit 3. Proposed Landscape Plan(dated:08l22/13) 4. Proposed Residential Building Elevations B. Conditions of Approval Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13.017 PAGE 10 EXHIBIT A C. Legal Description and Exhibit Map for Rezone D. Required Findings from Unified Development Code Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 - PAGE 1 I EXHIBIT A A. Drawings I, Vicinity Map ]'hree Corners Subdivision RZ-]3-010; PP-13-025 & MDA-13-O17 PAGE l l EXHIBIT A 2, Proposed Preliminary Plat (dated: 08/14/13) and Road Extension Exhibit vemnaxaareurroa 'THREE CORNERS SUBDIVISION N0. 2 d PJRCEL OP LhD IAMJTEO M ARE RI/ 1/d Oi' M Ill6 NN 1/4 3EC9lON P9, A.dN., Rre, RJL, pTY OF REIfIOIAN, d01 COfRr7}; 7DIR0 2019 i- ~ 4. T l: I- .F4 f J 3 .r .-...-:._ e.: a a.-" +.F _' . :.,, ... _ .... .4..0 .~~_°--~]+ .~ Tom'=~^ ~,! ... .... >. . _ ... v~` O e ~~ . ~~ ar _ I eyYT +~ ,~• O ~ 4n O ~I. ry } B • B ° ~,,>>~ ~ ~ ~ ~ a B en , __ ill - ~T.r1 .Y,.• ~ '1~,-. ' ,,, u+ -. Y ~ (~~ .~I ~w~ ~ o (Orpf.ll -•y4 I E p ® ® y B ® 1 0~ B 1 B ,~~ ~'a/~ Y ,-~-~ ~~ ..... 1 e~rop~. B ,~m .~, , .. ~ t B,LII I._~.A .._,. B i~t /ICCC 1 l EI B 4 ~ B ~ 6 °• ~ ' .1 N ~.. 7tl~P ...~~y~y. -"~I F i'' II aaw r~; • .... ® r"® ~ ~ B B ~;I ~~ a~ ss~~ ~.~ _~` ~fi _~ --=- ~~I~ ~r; It ~~f N if~sf' , I ]e~r'~ i WR .» ~?~ol T src -~ m -•zt 6~sf9~ErodeR,6T ~ a sus q "°x'~ 1 `! I n ~o ~ I -__-._.. , . ® ; d~;, f.1 xM~T _~__._ _I _______ ]- ~ ~ I 4 'S51PSR.lI Y1YCY SU CY 6X3 M/ ~1 BLOCK 31 . . I ... _.. y , I ~ i ~ I i , IB t9 ,' i Q I BLOCK ._~`I ~ ' ~.. ~ / ~ ~-~ ---- I ._. _ _ i ~ b.#'FL:~Y tf / \ \ \ / \ / .VOE9W: PUIeaC I, \ \ ~ E~CE a71MJ2Y tI \ IB1C[Rf.Y9YY Ci ~yy~ yjt / \ / \ CI \ Three Comers Subdivision RZ-13.010; PP-13.025 & MDA-13A17 PAGE 12 EXHIBIT A 3. Proposed Landscape Plan (dated: 08/22/13) reuau~ ~e~noesram ~ ~~ ~_ .~ ® a*_"' ~ ___. ui Three Comcrs Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 13 EXHIBIT A r ~m ~'6ptwxnxa ter.... -sa yr.. ~' ~u Three Corners Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 14 ~...,a,~ EXHIBIT A 4. Proposed Residential Building Elevations Three Comers Subdivision RZ-13-010; PP-13.025 & MDA-13-017 PAGE 15 EXHIBIT A r.._..~.t_.._..~ AS.S Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 16 EXHIBIT A B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Rezone and Development Agreement Modification 1.1.1 The DA shall be signed by the property owner and returned to the City within two years of the City Council granting the approval. Signature of the DA is required prior to submitting any final plats or CZC's for review and approval. The applicant shall contact the City Attorney's office (898-5506) to initiate this process. The amended DA shall include the following modifications: • Section 4.1: Construction and development of 54 single family residential lots, 8 commercial lots and 6 common lots in the proposed C-C, R-8 and R-4 zoning districts pertinent to File # PP-13-025. • Section 5: Provision #1 -Replace all language including bullet points and add the following: The applicant shall comply with the submitted home elevations attached in Exhibit A.4. Add the following new DA provisions: • Future development of the commercial lots shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. • The applicant shall pay 50% of the sign cost (not to exceed $5000.00) for an entryway monument sign on the southwest comer of Chinden Boulevard and N. Locust Grove Road. 1.2 Preliminary Plat -Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 08/14/13, shall be revised as follows: a. Graphically depict the 35-foot wide landscape buffer easement adjacent to the east side of N. Locust Grove Road and a 10-foot wide landscape buffer easement adjacent to the north side of E. Three Corners Drive, b. Lots 21, 22, 24 and 25, Block 1 shall take access from a common drive. Common drives shall be designed in accordance with UDC 11-6C-3D. An exhibit depicting the setbacks, building envelope an orientation of lots and structures shall be submitted a future final plat application. c. Public Works is not amenable to the proposed location of the water main along the south boundary of Lots 15-19, Block 2 and is requiring it to be rerouted through Common Lot 4, Block 2 and connect into the water main terminating in the W. Red Barn Court cul-de-sac. With the submittal of the final plat, the applicant must widen the portion of the common lot between Lots 14 and Lot 15, Block 2 and the portion abutting the west boundary of Lot 15, Block 2 from 20 feet to 30 feet to accommodate the water main installation. d. Place a note on the face of the final plat prohibiting direct lot access to Chinden Boulevard and Locust Grove Road. e. Across-access/cross-parking easement/agreemeht shall be recorded for all commercial lots within the subdivision. All lots within the subdivision shall have access to the access points approved in this application. This agreement shall be recorded and a copy of said agreement submitted to the City prior to the City Engineer's signature on the final plat OR a note shall be added to the face of the final plat granting said cross-access. £ Prior to the City Engineer's signature on the final plat, all existing structures shall be removed. The existing bam may remain until the portion of the development containing the barn is final platted. Tluee Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-o 17 PAGE 17 EXHIBIT A g. Prior to City Engineer's signature on a tnal plat, the applicant shall: a. Obtain a license agreement from the irrigation district to develop the easement area on Lots 15-19, Block 2 and Lot 49, Block 1 with fencing and landscaping. b. If Karnes requires access across the buildable lots in the form of a gravel road and/or a portion of the property cannot be customized by the home owners, the applicant shall place the easement in a common area to be owned and maintained by the 13OA. h. Prior to the Commission hearing, the applicant shall provide a dimensioned exhibit that demonstrates that the proposed stub street can be extended in the future and also provide the secondary access required by the Fire Department. 1.2.2 The landscape plan, dated 08/22/13 shall be revised as follows: a. Provide a minimum 35-foot wide landscape buffer along Locust Grove Road and Chinden Boulevard. Provide a minimum ]0-foot wide landscape buffer along the north side of E. Three Corners Drive. All landscape materials shall be installed in accordance with UDC 11- 3B-7C, Landscape Street Buffers. b. Construct a 5-foot wide detached sidewalk along N. Locust Grove Road in accord with UDC 11-3A-17. c. Construct a10-foot wide multi-use pathway along W. Chinden Boulevard in accord with UDC 11-3H-4C.4. d. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths and pathway lots to distinguish the common areas from the private areas. Where the buildable lots abut internal common lots fencing must either be 4-foot solid or 6-foot open vision. e. Include a berm or a berm and wall combination in accord with the standazds listed in UDC 11-3H-4D for traffic noise abatement from Chinden Boulevazd (SH 20/26). If a wall is proposed, include a detail of the wall. £ If the unimproved street right-of--way along Chinden Boulevazd and 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. g. Per UDC I 1-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. h. The applicant shall comply with proposed open space and site amenities represented on the submitted landscape plan and install a sitting area within Lot 1, Block 2. Details of the covered picnic area proposed for Lot 4, Block 2, the sitting area in Lot 1, Block 2 and fencing shall be provided with a final plat application. i. Landscape the center median in E. Three Comers Drive as proposed and enter into a license agreement with ACHD. j. All pathway common lots and micropath lots shall be constructed in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE IS EXHIBIT A k. The pond proposed within Lot 4, Block 2 must comply with the standards set forth in UDC 11-3G-3G-3B.8. 1.2.3 Submit a public use easement to the Planning Division for the multi-use pathway adjacent to E. Chinden Boulevazd prior to City's Engineers signature on the final plat. ] .2.4 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11-3A-6A, unless left open as a water amenity or linear open space in accord with UDC 11-3A-6A.2. 1.2.5 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the C-C, R-4 and R-8 zoning districts listed in UDC 11-2B-3, UDC 11-2A-5 and UDC I I-2A-6. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.3.3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. All street buffers with detached sidewalks shall be measured from back of curb. Where ACHD is anticipating future widening of the street, the width of the buffer shall be measured from the ultimate curb location as anticipated by ACHD. Detached sidewalks shall have an average minimum separation of greater than four feet (4') to back of curb. 1.3.8 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.3.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.10 Comply with al] provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.4.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-07-017, development agreement (Instrument No. 108022887) and amended development agreement. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 19 EXHIBIT A 1.4.4 The applicant andlor property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.4.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC I 1-6B-7. 1.5.5 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall provide a looped water system to the main in Locust Grove, in the vicinity of the southwest corner of the development. The submitted plat shows an 8-inch water main along the south boundary of Lots 15-19, Block 2. The water main shall be rerouted through Common Lot 4, Block 2 and connect into the water main terminating in the W. Red Barn Court cul-de-sac. This looped connection at Locust Grove shall be made north of the existing PRV in order to maintain the pressure zone. 2.1.2 The applicant shall provide a looped water system for any mains serving more than 251ots. Specifically, the submitted plat shows an 8-inch water main in E. Oak Garden Way and N. Hawk Creek Court that is serving over 251ots. Public Works is not amenable to the proposed configuration and is requiring the dead end main be rerouted through Common Lot 20, Block 1 and connect into the water main serving Lots 4,5, 8 and 9, Block 1. 2.1.3 The water main in E. Three Corners Drive, E. Frog Pond Way, and S. Sweet Valley Drive shall be upsized to a 12-inch diameter main. Three Corners Subdivision RZ-13-010; PP-13.025 & MDA-13-017 PAGE 20 EXHIBIT A 2.2 General Conditions of Approval 2.2.1 The applicant shall install sanitary sewer and water 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. 2.2.2 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. 2.2.3 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 ofcredit 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 sewer, 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. Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 21 EXHIBIT A 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. 2.2.18 The engineer shall be required to certify that the sheet 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 signahu•e. 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 Police Department has nc concerns related to this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 22 EXHIBIT A Intemational Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with Intemational 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 wmers 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 %x" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for atl new construction or additions to existing buildings within 1,000 feet of the project. 4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved tum around on streets greater than 150' in length with no outlet. 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per Intemational Fire Code Section 503.2.4. 4.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GV W, per International Fire Code Section 503.2. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 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. 4.9 Operational fire hydrants, temporary or permanent street signs, and access roads with anall-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in Intemational Fire Cade Section (IFC) 501.4 and Meridian amendment to IFC ] 0-4-2J. 4.10 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 Intemational Fire Code Section D107.1. The two entrances should be separated by no less than %: the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the south. 4.11 Building setbacks shall be per the International Building Code for one and two story construction. 4.12 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 Three Corners Suhdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 23 EXHIBIT A 13' 6". The roadway shall be able to acwmmodate 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. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 At such time that the multi-use pathway connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Comply with requirements of ITD and City of Meridian for the Chinden Boulevard - US 20/26 Blvd frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Construct a 5-foot wide detached concrete sidewalk located a minimum of 30-feet from the centerline of Locust Grove Road abutting the site. Provide a permanent right-of--way easement if public sidewalks are placed located outside of the dedicated right-of--way. 7.1.3 Bring the first 320-feet of Three Corners Drive up to ACHD standards and abide by District policies. 7.1.4 Provide testing to prove the design and constmction of the first 320-feet of Three Comers Drive meets all current ACHD standards, and correct any deficiencies in the design and construction of the road, up to and including rebuilding the road if necessary, prior to acceptance as a public street. 7.1.5 The first 320-feet of Three Comers Drive shall meet ACHD standards prior to signature on the first final plat. 7.1.6 Release the existing access easement for Foundations Academy to allow the right-of--way for Three Corners Drive to be dedicated unencumbered and free of all liens. 7.7.7 Dedicate the existing 12-foot wide center landscape island as right-of--way owned by ACHD. The applicant or the home owners association should inter into a license agreement with the District for the landscaping signage placed in the median. 7.1.8 Extend Three Corners Drive into the site as a 50-foot street section with two 20.6-foot travel lanes; a 9-foot wide center landscape island, vertical curb, gutter, a 6-foot wide planter strip, and 5-foot wide detached sidewalks within 74-feet ofright-of--way, tapering to a 36-foot street section with rolled curb, gutter, and a 5-foot wide attached concrete sidewalk within 50-feet of right-of- way, as proposed. 7.1.9 Dedicate the proposed 9-foot wide center landscape island asright-of--way owned by ACHD. The applicant or the home owners association should inter into a license agreement with the District for the landscaping signage placed in the median. 7.1.10 For the portion of Three Comers Drive with detached sidewalks, the applicant shall extend the dedicated right-of--way 2-feet behind the back of curb, and provide a permanent right-of--way easement for the proposed 5-foot wide detached sidewalk. 7.1.11 Construct all of the internal streets as 36-foot street sections with rolled curb, gutter, and a 5-foot wide attached concrete sidewalk within 50-feet ofright-of--way, as proposed. Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13.077 PAGE 24 EXHIBIT A 7.1.12 Construct the terminus of Red Barn Court and Hawk Creek with standard cul-de-sac turnarounds with a minimum 45-foot radius. 7.1.13 Construct the terminus of Hawk Creek as a standard cul-de-sac turnaround with a minimum radius of 45-feet, or redesign the hammer head turnaround to provide a minimum 26 foot inside curb radius and 15 foot outside curb radius. 7.1.14 Construct one stub street to the south, Sweet Valley Drive, located 1 SO-feet west of the east property line, as proposed. Install a sign at the terminus of the stub street stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 7.1.15 Payment of impacts fees are due prior to issuance of a building permit. 7.1.16 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private 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 com~ance 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 ACHD right-of--way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 ACHD 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 ACHD prior to District approval for occupancy. 7.2.11 No change in the teens 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 17vee Corners Subdivision RZ-13-010; PP-13.025 & MDA-13.017 PAGE 25 EXHIBIT A authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.12 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 ACRD Commission. Three Corners Subdivision RZ-13-010; PP-13.025 & MDA-13-017 PAGE 26 EXHIBIT A C. Legal Description & Exhibit Map for Rewne Sawtooth land 5urveying, LLC 'y7r.~'.r5_~'/ I~ Y; fbJB):;99~HI(14 f: (208) 338-8105 ~~~~ IOI Canal S;.., Emmett, 108:3G 17 August 21, 2013 Three Corners Zone CC Legal A parcel of land located in the NWt/4 of the NW1/4 of Section 29, T. 4 N.. R. 1 E., B,M., Cily of Meridian, Ada County, Idaho, more particularly described as follows; BEGINNING al a found brass cap madcing the northwest corner of said Section 20: Thence South 89°26'41" East, coincident with the north line of said NW1/4 of the NW1/4 of Section 29, a distance of 1036.58 feet; Thence South 0"34'24" West, parallel with the east line of said NW1/4 of the NW1/4 of Section 28, a distance of 405,05 teat; Thence North 89"25'38" West, 340.00 feel; Thence South 0°34'24" West, parallel with said east line of said NW1/4 of the NW1/4 of Section 28, a distance of 178.5A feet; Thence Nor[11 88°22'38" Wesl, 187.14 feet; Thence South 88°59'56" West, 508.98 Feet to said west line of the NW114 of the NW1/4 of Section 28; Thence North 0°37'24" Eest, parallel with said west line of the NW1/4 of the NW1J4 of Section 29, a distance of 588.21 feel to the POINT OF BEGINNING. The above described parcel contains 12.52 acres more or less. Together with and subject to covenants, e~~h~y +~rastriclion of record. End Description ~, "Epp P P•12013\73D48-ROCK SOLID-THREE CORNERS SU~C PO~K9 \DescriptionslZONE CC.tlocx r':7ya It Three Corners Subdivision ItZ-] 3-010; PP-13-025 & MDA-13-017 PAGE 27 EXHIBIT A s Sawtooth Land Sulveying, LLC ~~~~~ _ P: f208) .398-8104 P: !20$) 39H-81 QS --~ Ipl Ganal St., Emmett, 1p $361'7 August 21, 2013 Three Corners Zone R-4 Legal A parcel of land located in the NW1/4 of the NW1/4 of Section 29, T. 4 N., R. 1 E., B.M., City of Merldlan, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of saki Section 28; Thence South 89°26'41" East, colncldentwith the north line of said NW1/4 of the NW1/4 of Section 29, a distance of 35.00 feet; Thence South 0°37'24" West, parallel with the west line of said NW1/4 of the NW1/4 of Section 29, a distance of 40.00 feet; Thence South 89°28'41" East, parallel with Bald north line of the NW114 of the NW1/4 of Section 29, a distance of 1291,81 feet; Thence South 0°34'24" West, coincident with said east line of said NWi/4 of the NW1/4 of Section 29, a distance of 365.14 feet to the POINT OF BEGINNING; Thence continuing South 0°34'24" West, coincident with said east line of the NW114 of the NW1l4 of Section 29, a distance of 919.46 feet to the southeast comer of said NW7/4 of the NW1/4 of Section 29; Thence North 89°38'15" West, 817.79 feet; Thence North 0°37'24" East, parallel with said west line of the NW1l4 of the NW1/4 of Section 29, a distance of 743.82; Thence South 89°22'36" East, 187.14 feet; Thence North 0°34'24" East, parallel with said east line of the NWi14 of the NW1/4 of Section 29, a distance of 178.54 feet; Thence South 89°25'36" East, 630.00 feet to the POINT OF BEGINNING. P;\2073\13045-ROCK SOLID-THREE CORNERS SU8\Drawings\Desarlpllons\TONE R4.dacx 1'a0~ 11 Three Comers Subdivision RZ-13-010; PP-] 3.025 & MDA-13-017 PAGE 28 EXHIBIT A The above described parcel contains 18.51 acres more or less. Together with end subject to covenants, easements and restriction of record. Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 PAGE 29 EXHIBIT A Sawtooth Land Surveying, LLC _ ~ P: 12031 3y0~p+l U4 r~ (2081 3y8 8105 i01 %mal SE., r:mrcntt. ID l33F, 1'T August 21, 2013 Three Corners Zone R-B Legal A parcel of land located in the NWt/4 of the NW1/4 of Section 29, T, 4 N., R. 1 E., B.M., Cily of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found brass cap marking the northwest corner of said Section 29; Thence South 89°26'41" East, coincident with the north line of said NW1/4 of the NW1/4 of Section 29, a distance of 1038.58 feet to the POINT OF BEGINNING; Thence continuing South 89°28'41" East; coincident with said north line of the NW1/4 of the NW1/4 of Section 29, a distance of 290.00 feet to the east line of said NW114 of the NW114 of Section 29; Thence South 0°34'24" West, coincident with said east line of the NW1/4 of the NW1/4 of Section 29, a distance of 405.14 feet; Thence North 89°25'36" West, 290.00 feet; Thence North 0°34'24" East, parallel with said east line of the NW7/4 of the NW1/4 of Section 29, a distance of 405.05 feet to the POINT OF BEGINNING. The above described parcel contains 2.70 acres more or less. Together wllh and subject to covenants, easements and restriction of record. r,-ril/ Three Comers Subdivision RZ-13-010; PP-13.025 & IviDA-13.017 PAGE 30 P:V2013V1304e-ROCK SOLID-THREE CORNERS SUalDrawingsVDescriptlonsVZONE R-S.tlocx Pan.^ l1 EXHIBIT A THREE CORNERS SUBDIVISION N0. 2 "C-C ZONE' A PdRCIiL OF LAND L9C,A9» JN fl18 N11 4 OF OF !NS 1VII !/4 3E'CdON 8q, r.4N, ~.i~ sic, cn'r o~' , aaA comn~; muro aws ONi OF BEGMNING NW COR _ _ $~ _ S 69'26'41" E 1059,x' ~i C- C g ZONE L S 69 6~N 509.98 N 200 0 100 200 400 SCALE IN FEET 1" = 200' s N !9'15.1x"6 N 740. ~~ ~~ N 69'22 W v, 167.14' ROCK SOLID CIVIL Clvil EnplnaeHnp and Land Development Coroultlnp 161 East 50th Street, Garden [ity, ID 63714 OHlce Phonr. 209.3423277 www.rocksollddvil.wm Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13-017 - PAGE 31 EXHIBIT A THREE CORNERS SUBDIVISION N0. 2 "R-4 ZONE' s 99.29'4r E e PARCEL OF LAIIfD LOCdf~D 1N 7flB aI j 4 OF OF fll8 jrff !/4 ~ClfON~f aq ~0°' rul-, aja, arc. cnr of , Aa~t waa~r, ~ ((~ S 00'JY14' W j~j9 Zp 10.00' III °' - $$9'25'78' E BIO,gQ - N- S 99'12'76 I I`Irp I Iq I3 N R-4 t~ OF BE(~IiiNG ZONE I i ~ i - - -~r79'3` w en.7T- - - 200 0 100 200 400 SCALE IN FEET 1" = 200 ~E '- J ~~ ROCK SOLID CIVIL CIvN Enplneerlnp end Lsnd Development Coneultlnp 181 East 50th Street, Garden Clry, ID 93714 Office Phone: 208.342.3277 Three Corners Subdivision RZ-13-010; PP-13-025 & MDA-13.017 PAGE 32 EXHIBIT A THREE CORNERS SU9DIVISION N0. 2 "R-8 ZONE' A PI2(31: OF LAND LOCdf~ 1N fl16 !VII/4 Ol 0! 7SB NI 1/4 3lGTf01~18Y, 7.~1V., R.ll)~, B.Y, Q!P OF I~LIN, ADI OOUNli; ~ 2013 NW COR. 529---- N 200 o ioo zoo SCALE IN FEET 1 ~~ = 200' PgNT ~' BEGUOIW ~E3Z~1 E~15,5@- _ - - - ~1~ L ~ R-8 i= ZONE ~' N x Iw~1s'1~ w 290. aoo ROCK SOLID CIVIL Gvll Enylnaerlnp and Lend Development Conaultlnp 181 East 50th Street Garden City, ID 83714 Office Phone: 208.342.3277 vnvw.rockzolldclW l.com Three Comers Subdivision RZ-13-010; PP-13-025 & MDA-13.017 PAGE 33 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 ao annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone 31.73 acres of land from the C-C, R-8 and R-2 zoning districts to the C-C, R-8 and R-4 zoning districts. The Council finds that the proposed map amendment is generally consistent with the MU-C 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 C-C, R-8 and R-4 zoning districts is consistent with the purpose statements for commercial and 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 rezone is in the best of interest of the City (UDC 11-SB-3.E). The Council finds rezoning this property with the C-C, R-8 and R-4 zoning districts 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 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. 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 Three Corners Subdivision 122-13-010; PP-13-025 & MDA-13-017 PAGE 34 EXHIBIT A 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 on the comments provided 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 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. 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 of which the Commission and Staff are unaware. 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. Three Corncrs Subdivision RZ-13-010; PP-13.025 & MDA-13.017 PACE 35