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TM Creek AZ-13-015 PP-13-030CITY OF MERIDIAN E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW ~ AND IDAHO DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 45.34 Acres of Land with C-G (35.82 Acres), R-40 (3.94 Acres), and TN-C (5.58 Acres) Zoning Districts; and Preliminary Plat Consisting of 49 Building Lots and 3 Common/Other Lots on 41.03 Acres of Land, Located at the Southeast Corner of W. Franklin Road and S. Ten Mile Road, by SCS Brighton, LLC. Case No(s). AZ-13-015; PP-13-030 For the City Council Hearing Date of: March 18, 2014 (Findings on April 1, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 18, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-015; PP-13-030 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 18, 2014, 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 annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of March 18, 2014, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of March 18, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner 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 may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-015; PP-13-030 -2- 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 (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 March 18, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-015; PP-13-030 -3- By action of the City Council at its regular meeting held on the 1 ~ day of ~r~ ~ , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED ~~~ 2 COUNCIL VICE PRESIDENT KEITH BIlZD VOTED Ia~ COUNCIL MEMBER DAVID ZAREMBA VOTED~C', COUNCIL, MEMBER JOE BORTON VOTED ~bs~-+, ~ COUNCIL, MEMBER LUKE CAVENER VOTED ~y e. COUNCIL MEMBER GENESIS MIL,AM VOTED ~ C_ MAYOR TAMMY de WEERD VOTED '~ (TIE BREAKER) ~__.. ~~ Mayor Tammy de Weerd ~~ Copy served upon Applicant, The .044 #~ cG ion, Public Works Department and City Attorney. ti~G sl? •.'~ ~ c,ry at' w -It~l d: t ~ ~ ~(~ City Cle c's O ice `~ ~~ ~a Fy [} ~ J, ~i A.Y... Y ~4 ~~ ~~ti G(~he T'R L,1S~n~F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-13-015; PP-13-030 -4- EXHIBIT A STAFF REPORT Hearing Date: March 18, 2014 E IDIAN~-- TO: Mayor & City Council I D A H O FROM: Sonya Wafters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ-13-015; PP-13-030 - TM Creek I. SUMMARY DESCRII'TION OF APPLICANT'S REQUEST The applicant, SCS Brighton, LLC, has applied for annexation and zoning (AZ) of 45.34 acres of land with C-G (35.82 acres), R-40 (3.94 acres), and TN-C (5.58 acres) zoning districts. A preliminary plat (PP) is also proposed consisting of 49 building lots and 3 common other lots on 41.03 acres of land. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on November 7 and 21, and December 5, 2013; and January 16, and February 6, 2014 At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle: David Turnbull ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None b. Kev Issue(s) of Discussion by Commission: i. Buildings should be more oriented around the creek to tie in with the pathway and creek amenities to create more of a pedestrian environment throughout the site; ii. Leaving all of the Ten Mile Creek open as required by the UDC vs. tiling a portion of it as requested by the applicant; iii. Providing a pedestrian bridge across the creek for pedestrian connectivity; iv. Requirement for the structure shown on the concept plan at the northeast corner of Ten Mile Road and Ten Mile Creek Drive to "hold the corner"; c. Kev Commission Change(s) to Staff Recommendation: i. Strike condition #1 1 lk which requires the structure at the northeast corner of S. Ten Mile Road & Ten Mile Creek Drive to be shifted to the corner; ii. Modify condition #1 1 lr to include office uses north of the creek and to include the language "where feasible" in reference to buildings being designed with multiple sidewalk entries; iii. Clarify condition #1 13e to only require grass within the 10-foot wide area proposed for future expansion along the north side of Ten Mile Creek Drive; iv. Modify condition #1 1 7 to remove the reference to a specific agency from which an easement is required for the pathway along the creek. v. Add a condition requiring sidewalks to be provided internally along all major drive aisles for pedestrian connectivity (see condition #l.l.ls). TM Creek AZ-13-O15; PP-13-030 PAGE 1 EXHIBIT A d. Outstanding Issue(s) for Citv Council: i. A waiver to UDC 11-3A-3 is requested for approval of the proposed accesses to the arterial and collector streets as shown on the preliminary plat & site plan. ii. The Ten Mile Creek is a natural waterway that bisects this site. As such, it is required to remain open as a natural amenity and is not allowed to be piped or otherwise covered per UDC 11 3A 6A 1 The applicant requests approval to pipe approximately 380 feet of the Ten Mile Creek nearest to Franklin Road as shown on the landscape plan. iii. Clarify the Commission's recommendation that "the maior drive aisles all have sidewalks as well for pedestrian connectivity" -should sidewalks be required on one side or both sides of the drive aisles? (see condition #l.l.ls). The Meridian ('jYy Council heard these items on March 18 2014 At the public hearing, the Council approved the subject A7, and PP request. ~_ Summary of i Council Public Hearin: >~ In favor: David Turnbull 11: In onnosition: None lii, Commenting: None lY: Written testimony: None ~ , taff nresentinP~.nnlication: Sonya Watters y1, Other staff commenting on aonlication: David Miles ]~ ~gy Issnes of Di cu ion by Council: j, The request to the a portion of the Ten Mile Creek; ji: The lriterlor hedestrian circulation Klan; jiy The ~p9s .de aces. s noin s to the arterial and collector streets; and jy, The provision of a pedestrian bridge across the Ten Mile Creek to enhance the creek ameni if allowed by NMID. ~_ Icy Council Changes to Staff/Commissinn Rpcnmm__endation i. The Council an_nroved a waiver to UDC 11-3A-3 for anoroval of the accesses to the arterial and collector streetc shown on the preliminary plat and site plan; ii. ouncil approved the apnlicant'c r nne t to nine approximately 380 feet of the Ten Mile Creek nearest to Franklin Road continent upon ap•, ron~ val by the Army Corns of Filgineers and Nampa Meridian Irrigation District see condition #l.l.l.fl iii. The Council clarified that sidewalks are only required on one side of the maior drive aisles throltphout the site per the pedestrian plan in Exhibit A 7 (see condition #l.l.lsl ;~ iv. The ouncil added a requirement for a n d trian brid o b provided over the Ten Mile Creek as art of the ~rE±gk amenit_y~approval can be obtained from Nampa Meridian Irrigation District. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-13- O15 & PP-13-030, as presented in the staff report for the hearing date of March 18, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-13-015 & PP-13-030, as presented during the hearing on March 18, 2014, for the following reasons: (You should state specific reasons for denial) TM Creek AZ-13-015; PP-13-030 PAGE 2 EXHIBIT A Continuance I move to continue File Numbers AZ-13-015 & PP-13-030 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of W. Franklin Road and S. Ten Mile Road, in the NW '/4 of Section 14, Township 3 North, Range 1 West. (Parcel #'s: S 1214223250; S 1214212560; 51214212800) B. Owner(s): SCS Brighton, LLC 12601 W. Explorer #200 Boise, Idaho 83713 C. Applicant: Same as owner D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer #200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 21, and November 4, 2013 (Commission); February 24, and March 10, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: October 10, 2013 (Commission); February 20, 2014 (City Council) D. Applicant posted notice on site(s) on: January 17, 2014 (Commission); March 6, 2014 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of vacant undeveloped land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Franklin Road, agricultural property, zoned RUT and rural residential property, zoned Rl in Ada County; and rural residential property, zoned I-L 2. East: Agricultural property, zoned RUT in Ada County 3. South: Agricultural property, zoned RUT in Ada County 4. West: S. Ten Mile Road and agricultural property, zoned RUT in Ada County (a church is kitty corner to this site, zoned C-N) TM Creek AZ-13-015; PP-13-030 PAGE 3 EXHIBIT A C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer main stubs intended to provide service to the subject property currently exists in S. Ten Mile Road and W. Franklin Road. b. Location of water: Water main stubs intended to provide service to the subject property currently exists in S. Ten Mile Road and W. Franklin Road. c. Re-use pressurized irrigation water: Re-use irrigation water service is currently stubbed into the subject property along W. Franklin Road. d. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: The Ten Mile Creek bisects this site; the Kennedy Lateral runs along most of the southern boundary; the Vaughan Lateral runs along the northern boundary at the northeast corner of the site; and a couple of other smaller irrigation ditches cross the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: Portions of this project are located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). LAND USE: The Future Land Use Map (FLUM) contained in the TMISAP designates the subject property with the following land use types: Mixed Use Commercial (MU-C) (32+/- acres), Lifestyle Center (LC) (6.36+/- acres), and High Density Residential (HDR) (3.12 +/- acres). MU-C: The majority of the site is designated MU-C. MU-C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi-family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8-12 dwelling units (d.u.) per (~ acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See pg. 3-9 for more information.) LC: A small portion of the site along the southwest boundary is designated LC. The LC designation is a specific form of Mixed Use Commercial. LC designated areas encourage a diversity of compatible land uses in a unified development that includes a mix of retail, professional services, offices, entertainment uses, civic services, housing and public outdoor spaces. The design and arrangement of buildings should be oriented to pedestrians. Streetscape improvements should be TM Creek AZ-13-015; PP-13-030 PAGE 4 EXHIBIT A provided that create rich and enjoyable public spaces. The target overall average density for residential uses is 16 d.u./acre, with higher densities of up to 40 d.u./acre allowed. All residential uses should be above the first floor. Structured parking or heavily landscaped and screened surface parking is a necessity. On-street parallel, angled head-in parking and the integration of public transit into the lifestyle center should be considered as options. Community gathering places should be provided to create a sense of place. (See pg. 3-9 for more information.) HDR: A small portion of the site along the east boundary is designated HDR. HDR designated areas are multiple-family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre. Most developments within the HDR areas should fall within or below this range, although smaller areas of higher or lower density may be included. HDR areas are relatively compact and are located close to larger MU-C and employment areas and other intensively developed lands. Design and orientation of buildings should be pedestrian oriented with special streetscape improvements to create rich and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical. (See pg. 3-7 for more information.) A conceptual development plan showing how the site is proposed to develop was submitted with this application and is included in Exhibit A.4. A mixed use development is proposed consisting of office and retail, from service and restaurant pad sites to mid-sized commercial, and high-density residential uses. A large central common area is proposed adjacent to the Ten Mile Creek that will provide a public pedestrian facility as an amenity along the creek. The TMISAP contains a Zoning District Compatibility Matrix which lists the best, possible, and marginal choices for zoning of the different land use categories based on the zoning districts that comes the closest to meeting the intent of the land uses in the plan (pgs. 2-3 thru 2-7). The applicant proposes to rezone all of the LC designated area and the majority of the MU-C designated area with the C-G zoning district which is listed in the matrix as a possible choice for those areas. The portion of the site that is designated MU-C and HDR is proposed to be rezoned to the TN-C district which is not listed as a choice in the HDR area but is listed as the best possible choice in the MU-C area. The applicant proposes to rezone the HDR designated portion at the southeast corner of the site with the R-40 zoning district, which is listed as the best choice for that area. Overall, based on the proposed uses and the matrix, staff finds the proposed zoning choices are consistent with the TMISAP and are the best choices for this area (pg. 2-5). TRANSPORTATION: The Transportation System Map and the Street Section Map contained in the TMISAP identifies a collector street network for the Ten Mile planning area, a portion of which is designated for this site. Guidelines from the Plan (S. Ten Mile Road): South Ten Mile Road runs along the west boundary of the site. Street Section A (see detail below), which represents a modified 4-lane parkway, represents S. Ten Mile Road. This parkway is anticipated to enhance the look and feel of Ten Mile Road and to provide additional buffers to adjacent properties. The parkway is designed to provide rapid and relatively unimpeded traffic movement throughout the area and carry high volumes of traffic to mixed use and employment centers. The parkway serves as an arterial road and access is restricted to collector streets. Buildings should address the street but should be set back some distance from the roadway edge to provide wide tree lawn and detached trail to provide security to the pedestrians and bikes. A tree lawn or planting strips should be provided in all areas. Streetlights should be located in the tree/lawn area and should be of a pedestrian scale while street lights in the median should be designed to meet vehicular needs. TM Creek AZ-13-015; PP-13-030 PAGE 5 EXHIBIT A Str~~l Applicant's Proposal: The applicant proposes a 35-foot wide landscaped street buffer along Ten Mile Road in accord with the Plan (see detail below). An attached sidewalk is depicted on the concept plan which does not comply with UDC or TMISAP standards. There is a temporary attached asphalt pathway that currently exists along Ten Mile Road. Two (2) right-in/right-out driveway accesses are proposed via Ten Mile Road. eu~oiNC on~wwE ~01 Landscape Buffer: Ten Mile Road ~ s~« r- aor-o• Staff s Recommendation: The temporary pathway should be removed and a new 10-foot wide detached pathway should be constructed within the buffer area some distance from the roadway. Buildings should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway. Street lights at a pedestrian-scale should be installed within the street buffer in accord with the Plan. The two driveway accesses via Ten Mile Road are not supported by the Plan and require a City Council waiver to UDC 11-3A-3 for approval of the accesses. ACRD has approved these accesses (see letter in Exhibit A.6). Guidelines from the Plan (East/West Collector): An east/west residential collector street is depicted on the Map along the southern boundary of this site to be constructed in accord with the design shown in "Street Section D" of the Plan which represents a residential collector street (see detail below). TM Creek AZ-13-015; PP-13-030 PAGE 6 EXHIBIT A Strart 8eetiaa A Applicant's Proposal: The proposed plat depicts a collector street (Ten Mile Creek Drive) along the southern boundary of the site as anticipated on the Map. However, because residential uses are not proposed along the north side of the street, the applicant is not proposing to construct a residential collector street as called for on the Map. The proposed street section consists of a 3-lane collector street with amedian/turn lane, bike lanes, 8-foot wide planters and 5-foot wide detached sidewalks within 78 feet of ROW. An extra 10 feet on each side is proposed to be preserved for future roadway expansion (see detail below). PL FOR FUTURE 1.50' 5.00' 0.00' Staff s Recommendation: 08.00' PRESERVED FOR FUTURE ROADWAY EXPANSJDN ~8.0041R01N 13.tl0' 11-0(1' S.OV TURN LANE IAIE BIKE TEN MILE CREEK pR 3 LANE COLLECTOR WI MEDIAN FOR 5.00' t_50' Based on the site layout and uses proposed by the applicant, Staff agrees a residential street collector is not appropriate for this area. The proposed street section appears to closely align with Street Section C in the Plan with the addition of a turn lane (see detail below). . Street Section C represents the major collector streets. These streets provide access from adjacent arterial streets into the employment areas. Buildings on these streets are set backfrom the street at some distance generally behind a detached sidewalk. A tree lawn should be provided in all areas. Streetlights should be located in the tree lawn area and should be of a pedestrian scale. A S foot wide dry-utilities corridor should be provided along both sides of the street curb. The corridor may not be required if all dry utilities are located in an alley or other street. TM Creek AZ-13-015; PP-13-030 PAGE 7 EXHIBIT A Stt~elt S~ctlon G ~,~~ Staff supports the applicant's proposed street section with the recommendation that streetlights of a pedestrian scale are provided within the tree lawn area. The area preserved for future ROW will allow for future expansion if warranted by ACRD and should be planted with grass in the interim. Guidelines from the Plan (North/South Collector): A north/south minor collector street is depicted on the Map through this site to be constructed in accord with the design shown in "Street Section E" of the Plan, which represents a minor collector street (see detail below). Minor collector streets in the Ten Mile area serve as the primary retail streets; their character is pedestrian-oriented and defined by street-level storefronts. Buildings on these streets are built to the sidewalk with 12 foot wide sidewalks, street trees in wells, and pedestrian scale lighting. Ample on- streetdiagonal parking supports the businesses within the LC and MU-C areas. This section may be modified to allow parallel parking as a local section in these areas. The Plan recommends a 5 foot dry utilities corridor be provided along both sides of the street curb; the corridor may not be required if all dry utilities are located in an alley or other street. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. $tt!!t $lCtio.. Applicant's Proposal: awv~on~.4w~r The proposed plat depicts anorth/south collector street (Franklin Crossing Ave.) through the site as anticipated on the Map. Three different street sections are proposed consisting of the portion north of the creek, the bridge, and the portion south of the creek (see details below). The street sections for the portions north and south of the creek depict a proposed street layout as well as a future layout within the same ROW width for expansion if traffic warrants such in the future. TM Creek AZ-13-015; PP-13-030 PAGE 8 EXHIBIT A pL 86.00' ROW 8.00' 7.00' 74.00' PARKING BNCE LANE C 9.00 7.00 8.00 71.00 13.00 MIEDIAN! 2.50 S~EWALK 2 BIKE LANE tANE TURN LANE 050' ~~ FUTURE FUTURE ..:.t,,_-: '` 3;' REMAMd6~O SIDEWALK CONSTRUCTED 14.00 7.00' 8.00 LANE BIKE PARKOVCi 13.00' 17.00 6.00' 7.00' LANE - LANE BIKE .00 S~EWALK 250' F~ ~ FIJTIk~ FLITIJRE 0.50 / C REMAINING SOJEWALIC CONSTRUCTED IATTN BUIDiNG wmt BLSLDING FRANKLIN CROSSING AVE NORTH OF CREEK ~ 100.00 aow c 7.00' B.50' 12.00 10.00 13100 10.00 1200 6.50 7.00 8.00 $IOEWALK BIKE LANE LANE TURN LANE LANE LANE 86~ SIDEWALK qq &00 F~ I T!t FRANKLIN CROSSING AVE BRIDGE SECTION w.o0 Row _._..B.OP 7.00' 14.00' 14.00' 7.00' 8.00' PARKING BIKE LANE f LANE BF(E PARK0J6 0.110' S OQ 8 00' 5.00' 11.00 13.00' MEDUW 13.OP 11.00 5.00' . . IEWALK f'LANTEfi 2 BIKE 1AlIE LANE TURN LAFE LANE LANE BIKE F TI/~ FURIlE FUTURE FUTURE t FUTURE FUTURE U ~Y FRANKLIN CROSSING AVE SOUTH OF CREEK North of the creek: The proposed plat depicts 86-feet of ROW consisting of a median/turn lane with two (2) travel lanes, bike lanes, parallel parking, curb and gutter, 7-foot wide attached sidewalks and an additiona12.5-foot wide section of sidewalk outside of the ROW. The ultimate width of the sidewalk is proposed to be 9.5 feet. Trees will be installed in wells within the sidewalk area. The street section also depicts a future plan for reconfiguration if needed within the same ROW width that adds two (2) travel lanes in place of the parallel parking. Bridge section: The proposed plat depicts 100-feet of ROW consisting of a center turn lane, four (4) travel lanes, bike lanes, and attached 7-foot wide sidewalks with an additional 8-foot to the property line. S00' TM Creek AZ-13-015; PP-13-030 PAGE 9 EXHIBIT A South of the creek: The proposed plat depicts 98-feet of ROW consisting of a median/turn lane, two (2) travel lanes, bike lanes, parallel parking, curb and gutter, 8-foot wide planters and 5-foot wide detached sidewalks. The street section also depicts a future plan for reconfiguration if needed within the same ROW width that adds two (2) travel lanes in place of the parallel parking. Staff s Recommendation: The proposed and future street sections appear to closely align with Street Section E in the Plan (see detail below). Street Section E represents a minor collector street in the Ten Mile area which serves as the primary retail streets; their character is pedestrian-oriented and defined by street-level storefronts. Buildings on these streets are built to the sidewalk with 12 foot wide sidewalks, street trees in wells, and pedestrian scale lighting. Ample on-street parking supports the businesses within the LC and MU-C areas. The Plan recommends a S foot dry utilities corridor be provided along both sides of the street curb; the corridor may not be required if all dry utilities are located in an alley or other street. Both wet utilities may be located in the street. Streetlights should be placed in the dry utilities corridor on either side of the street. Staff is of the opinion the proposed and future street sections are generally consistent with the Plan with the exception that the sidewalk north of the creek should be widened from 9.5 feet to 12 feet to accommodate more pedestrian traffic in accord with the Plan. Therefore, staff recommends the proposed north/south collector street is constructed in accord with the street sections proposed by the applicant. At such time as traffic warrants and is deemed necessary by ACHD, the roadway may be reconfigured to a 4-lane roadway with no on-street parking as proposed. Because initially Franklin Crossing will be configured as a two lane roadway, the bridge section should be configured accordingly and may be restriped in the future if warranted by ACHD to accommodate more lanes of traffic. Strest 8MCt10.. \VP@'{N4 WlwRS' DESIGN: The location, scale, form, height, and design quality of public and private buildings and spaces are integral to the development of the Ten Mile area. The design elements included in Chapter 3 of the TMISAP are intended to serve as the basic framework for projects within this area. The matrix on page 3-49 lists the following design elements (& associated page numbers) as applicable to MUC, LC, and HDR designated areas: architecture & heritage (3-32); commercial & mixed use buildings and residential buildings (Street-Oriented Design 3-33); buildings to scale (3- 34); neighborhood design (3-36); building form and character (3-37); building details (3-41); signs (3- 46); and public art (3-47). TM Creek AZ-13-015; PP-13-030 PAGE 10 EXHIBIT A The following are some important design elements noted in the Plan that should be considered with development of this site: • Buildings at or close to the property line facing the street -main entrances/facades should be oriented to the street; • Buildings should relate effectively to the fronting streets by aligning and being as continuous as possible; • Buildings at street corners should "hold the corners"; • The space between a building facade and the adjacent sidewalk should be landscaped with a combination of lawn, groundcover, shrubs, and trees; • Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; • Human-scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection; • Provide elements that become focal points and announce special places in the Ten Mile area (gateway & entryway corridor signs, continuous walkways, attractive streetscape design, avoid parking in front of buildings, landscaping, etc.); • Architectural character should establish a clear sense of identity for each activity center through an overall palette for each commercial center while maintaining a degree of individuality for each building. The palette should address and coordinate key elements such as materials (walls, roofs, key architectural elements), and colors, etc.; • Low-rise buildings of 2-4 stories over much of the area is recommended with opportunities for taller buildings in a few locations; • For streets & block fronts where commercial uses and pedestrian activity are most desired, it is recommended that sidewalks be lined with shops, restaurants, and galleries and that buildings be designed with multiple sidewalk entries, generously-scaled display and transom windows, pedestrian-scaled signs and banners, and awnings or canopies for sun shading; • Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting; and • Public art that contributes to the character and identity of the City should be incorporated into the development in the design of streetscapes, plazas, public spaces associated with buildings, etc. Art should be easily visible to the public (e.g. on the exterior of buildings rather than in lobbies, or visible from the street or publicly accessible open spaces rather than interior courtyards). Staff recommendation: Staff finds development of this site is generally consistent with the above guidelines for the following reasons: the concept plan depicts buildings located at or close to the property lines facing most of the streets; buildings are generally in alignment; the concept elevations depict two story buildings within the TN-C and R-40 districts; outdoor seating along the walkways in the TN-C district; transom windows and awnings; and signs contributing to the feel of the pedestrian oriented portion of the development. As the Plan calls for buildings to "hold the corners", staff recommends the building shown on the concept plan at the northeast corner of S. Ten Mile Road and Ten Mile Creek Drive be shifted to the corner in accord with this guideline and consistent with structures on other corners of the site. TM Creek AZ-13-015; PP-13-030 PAGE 11 EXHIBIT A GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.O1E) The applicant proposes to include a high density residential component with this development which should add to the variety of residential categories and contribute to the range of housing opportunities available within the City • "Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations." (6.02.O1A) Several segments of the City's multi-use pathway system are designated on this property along Ten Mile Road, along the portion of Franklin Road near the Franklin/Ten Mile intersection and along the Ten Mile Creek. These pathways will provide pedestrian and bicycle connectivity to and through this development. • "Provide housing options close to employment and shopping centers." (3.07.02D) The portion of the site proposed for multi family development will be in close proximity to the portion of the site proposed for commercial and employment uses. • "Require landscape street buffers for new development along all entryway corridors." (2.01.02E) A 35 foot wide landscaped street buffer is proposed along S. Ten Mile Road, an entryway corridor, as required by UDC Table 11-2B-3. • "Improve and protect creeks throughout commercial, industrial, and residential areas." (S.Ol.OIE) The Ten Mile Creek runs diagonally through this site from the northwest corner to the east boundary. Approximately 3/ of the length of the creek is proposed to be improved as a water amenity with a recreational pathway. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.OS.O1J) The proposed development will provide a variety of commercial, retail opportunities that don't currently exist in this area of the City. • "Incorporate creek corridors as an amenity in development design." (5.09.O1F) The proposed development incorporates the Ten Mile Creek as an amenity to the development with landscaping and a recreational pathway. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.O1F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zones: 1. The purpose of the commercial districts is to provide for the retail and service needs of the TM Creek AZ-13-015; PP-13-030 PAGE 12 EXHIBIT A community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). The largest scale and broadest mix of retail, office, service, and light industrial uses are allowed in the C-G district and are located in close proximity and/or with access to interstate or arterial intersections. 2. The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one or two mile radius. The TN-C district is pedestrian oriented and is designed to encourage pedestrian connection with a traditional neighborhood residential district. TN-C district uses include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. 3. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The high-density residential (R-40) district allows a maximum gross density of 40 dwelling units per acre (LJDC 11-2A-1). B. Schedule of Use: UDC Tables 11-2A-2, 11-2B-2, and 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-40, C-G, and TN-C zoning districts respectively. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-8, 11-2B-3, and 11-2D-5 for the R-40, C-G, and TN-C zoning districts respectively. D. Landscaping: Landscaping is required in accordance with the TMISAP along streets. Landscaping within parking lots is required to comply with UDC 11-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non- residential uses and UDC Table 11-3C-6 for multi-family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Annexation & Zoning (AZ) The applicant requests approval to annex & zone 45.34 acres of land with C-G (35.82 acres), R- 40 (3.94 acres), and TN-C (5.58 acres) zoning districts. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designations of MU-C, HDR, and LC. The applicant proposes to develop a mixed use project on this site consisting of office and retail, from service and restaurant pad sites to mid-sized commercial, and multi-family residential uses. A conceptual development plan was submitted for this site that depicts building pads, parking, access points, streets, driveways, landscape buffers, easements, and the pathway along the Ten TM Creek AZ-13-015; PP-13-030 PAGE 13 EXHIBIT A Mile creek (see Exhibit A.4). Multi-family residential uses are proposed within the R-40 district at the southeast corner of the site. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. B. Preliminary Plat (PP) The proposed preliminary plat consists of 49 building lots and 3 common other lots on 41.03 acres of land. The applicant anticipates the development will be phased; however, a phasing plan was not submitted with this application. With the first phase of development, staff recommends a phasing plan be submitted. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards of the C-G, TN-C, and R-40 districts and found the plat to comply with the applicable standards. Buildings should be setback from the property lines in accord with the minimum standards and shall comply with the minimum number of stories and/or maximum building height as required in the applicable district. Access: The UDC (11-3A-3) limits access to arterial and collector streets to improve safety by combining and/or limiting access points to such streets to ensure that motorists can safely enter all streets. Prior to any new, expanded, or extended use or development of the property, where access is not available to a local street, cross-access/ingress-egress easements are required to be granted to adjoining properties. These standards apply unless waived by City Council. Access to this site is proposed on the plat as follows: (1) right-in/right-out, (1) right-in/right- out/left-in, and (1) full access via W. Franklin Road; and (2) right-in/right-out accesses & (1) full- access via S. Ten Mile Road. The concept plan depicts an approved traffic signal for the full- access (Franklin Crossing Ave.) on Franklin Road; the signal will be installed when warranted in the future. During the recent widening of Franklin and Ten Mile Roads, all of these access points/curb cuts were constructed. Additionally, deceleration lanes were constructed for the two accesses closest to the Franklin/Ten Mile intersection on Ten Mile Road; and a deceleration lane and left-in access was constructed for the access closest to the collector street on Franklin Road. Based on the Ten Mile Area Access Study prepared by HDR Engineering on behalf of the Brighton Corporation, ACHD has approved these access points as stated in the letter attached in Exhibit A.6. The UDC restricts access points to arterial streets but allows for a Council waiver in certain circumstances. A waiver from City Council is required to UDC 11-3A-3 for City approval of the proposed accesses. Two collector streets are depicted on the ACRD Master Street Map to be constructed across this property -one north/south connection via W. Franklin Road and one east/west connection via S. Ten Mile Road. The proposed plat depicts collector streets (Franklin Crossing Ave. & Ten Mile Creek Dr.) in the areas depicted on the map. Ten Mile Creek Drive (at the southwest corner of the site) comes into the site approximately 400 feet and terminates in a cul-de-sac. Because the property boundary is irregular in this area, the street will not be extended until such time as the property to the south develops. Franklin Crossing Avenue also terminates in a cul-de-sac at the south boundary of the site and will eventually connect to Ten Mile Creek Drive when it is extended in the future. TM Creek AZ-13-015; PP-13-030 PAGE 14 EXHIBIT A In addition to the above mentioned access points from the adjacent arterial streets, access via the internal collector streets is proposed as follows: 6 access points (3 on each side) are depicted on the site plan via Franklin Crossing Avenue [2 are full accesses; 1 (the one closest to Franklin Road) is a right-in/right-out]; and 2 full-accesses are depicted via Ten Mile Creek Drive. The UDC restricts access points to collector streets but allows for a Council waiver in certain circumstances. A waiver from City Council is required to UDC 11-3A-3 for City approval of these proposed accesses. In order to limit access points via the arterial and collector streets, staff recommends a cross-access/ingress-egress easement be granted to the property to the east (parcel #51214212620) in accord with UDC 11-3A-3. Comments have not yet been received from ACHD on this application. Water/Sewer Service: The proposed subdivision will be serviced by existing water and sewer main stubs in S. Ten Mile Road and W. Franklin Road. Pressurized Irrigation (PI): The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant agrees to use the available City of Meridians reuse water supply for the primary source of irrigation by entering into a development agreement with the City of Meridian. The applicant will be required to use Meridian's reuse water with the construction of this development. Storm Drainage: Storm water drainage is proposed to be managed and detained in underground seepage beds on-site in accord with City, ACHD, and NMID requirements. Multi-Use Pathway: A segment of the City's multi-use pathway (Ten Mile) system is designated on the Pathways Master Plan through this site along the Ten Mile Creek to Franklin Road and west to the Ten Mile/Franklin intersection. Another segment is also designated along the frontage of this site on Ten Mile Road. The landscape plan depicts a 10-foot wide regional pathway along the southwest side of the creek in accord with the Plan connecting to the sidewalk along W. Franklin Road. However, the pathway dead-ends at the west side of Franklin Crossing Avenue near the east boundary of the site. Staff recommends the 10-foot wide pathway be extended internally at its full width north to the sidewalk along W. Franklin Road and to the east property boundary for future extension. The pathway should switch to the north side of the creek on the east side of Franklin Crossing Avenue. A crosswalk should be provided across Franklin Crossing Avenue for the pathway. A temporary attached asphalt sidewalk exists along Ten Mile Road that was constructed with the recent street improvements. Staff recommends a detached 10-foot wide pathway is constructed along S. Ten Mile Road some distance from the roadway and the existing temporary sidewalk is removed. Staff further recommends a minimum 14-foot wide public pedestrian easement for the multi-use pathway(s) is submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the first final plat. Landscaping: A preliminary landscape plan was submitted with this application as shown in Exhibit A.3. The UDC requires a minimum 35-foot wide street buffer along S. Ten Mile Road, an entryway corridor; and a minimum 25-foot wide street buffer along W. Franklin Road, an arterial street, landscaped in accord with the standards listed in UDC 11-3B-7C. The proposed landscape plan depicts a 35-foot wide buffer along both Ten Mile and Franklin Roads in compliance with UDC standards. The UDC also requires a minimum 20-foot wide street buffer along collector streets (i.e. Franklin Crossing Avenue and Ten Mile Creek Drive). However, the UDC did not anticipate the TM Creek AZ-13-015; PP-13-030 PAGE 15 EXHIBIT A requirements of the TMISAP for development within its boundary. Because the Franklin Crossing Avenue street section north of the creek is consistent with the Plan in that buildings are brought up to the street and wide pedestrian walkways are provided with tree wells, landscaping within that section should be provided as proposed in accord with the Plan rather than in accord with UDC standards. The remainder of the Franklin Crossing Avenue south of the creek and Ten Mile Creek Drive should be required to provide a 20-foot wide street buffer and landscaping in accord with UDC standards. Non-residential street buffers are required to be on a common lot or on a permanent dedicated buffer, maintained by the property owner or business owners association in accord with UDC 11- 3B-7C.2. A cross-section of the landscaping proposed within the creek corridor is shown on the landscape plan as detail A and is included in Exhibit A.3. Cross-sections of the street buffers are also included on the landscape plan in details B, C, and D and should be revised in accord with the conditions in this report. Fencing: No fencing is proposed on the landscape plan. The UDC (11-3A-6B) states that fencing along all natural waterways (i.e. Ten Mile Creek) shall not prevent access to the waterway. However, in limited circumstances and in the interest of public safety, larger open water systems may require fencing as determined by the City Council, Director, and/or Public Works Director. Open Space & Site Amenities: The open space and site amenity requirements listed in UDC 11- 3G-3 are not applicable to commercial developments. The multi-family portion of the site is required to comply with these standards and those listed in UDC 11-4-3-27 upon development. Sidewalks & Parkways: As set forth in UDC 11-3A-17, 5-foot wide detached sidewalks are required along all arterial and collector streets; the minimum width of parkways planted with Class II trees is 8 feet. The width of sidewalks and parkways in the TMISAP differ from that in the UDC depending on the type of street section provided. A detached sidewalk was recently constructed along W. Franklin Road with the street widening project; and a 5-foot wide attached sidewalk exists along the portion of S. Ten Mile Road from the nearest curb cut to the Ten Mile/Franklin Road intersection. The remainder of the sidewalks and parkways constructed on this site should be consistent with the standards listed in UDC 11- 3A-17and the TMISAP except as otherwise noted. Natural Features: The Ten Mile Creek bisects this site and is a natural waterway. As such, it is required to remain open as a natural amenity and is not allowed to be piped or otherwise covered, per UDC 11-3A-6A.1. A 100-feet wide easement is depicted on the plat for the creek. The applicant proposes to pipe approximately 380 feet of the Ten Mile Creek nearest to Franklin Road as shown on the landscape plan. The applicant asserts that without piping this section of the creek locating a building on this prominept corner would be extremely difficult. In an effort to mitigate this impact the applicant is proposing to enhance the portion of the creek that remains open with landscaping and other amenities. Staff recognizes the applicant's position but because the UDC does not allow natural waterways to be covered, staff recommends the site plan be revised to show the Ten Mile Creek open and preserved within this development, unless otherwise approved by the City Council. Ditches, Laterals, Canals or Drainage Courses: Several waterways exist on this site. The Kennedy Lateral runs along most of the southern boundary; the Vaughan Lateral runs along the northern boundary at the northeast corner of the site; and a couple of other smaller irrigation ditches cross the site. Irrigation ditches, laterals, canals, and drains may be left open when used as a water amenity or linear open space; otherwise, they are required to be piped, per UDC 11-3A-6. TM Creek AZ-13-015; PP-13-030 PAGE 16 EXHIBIT A Floodplain: Portions of this project are located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. Building Elevations: The applicant has submitted conceptual building elevations for the future structures in this development, included in Exhibit A.S. All structures are required to comply with the design standards listed in UDC 11-3A-19, the design features described in the TMIASP, and the urban/suburban design guidelines contained in the design manual. In summary, Staff recommends approval of the proposed annexation c~ zoning and preliminary plat request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 1/8/14) 3. Proposed Landscape Plan (dated: 9/11/13) 4. Conceptual Development Plan (dated: 1/14/14) 5. Conceptual Building Elevations (dated: 9/17/13) 6. Letter from ACRD for Approval of Access via Franklin & Ten Mile Roads 7. Internal Pedestrian Plan B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code TM Creek AZ-13-015; PP-13-030 PAGE 17 EXHIBIT A A. 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I.m A won WN Q'wk Cantor BrcYOn d I F-•-I^~rot~was~law~ 8 WIAi1C~ •BuMw: TaI WN ROtl d I i 11 I r-~ ~t~W(~IIY1WMX C tand~ ~ : fnlYdn Ha0 YN Y. t< ~r~ v ~.- r o.. p fraNinCroW Mn.fktlOn •ne PR1jMI ~ICt11W0116. ~[.r ry~ry ua Y.nm-Oyrll• a tia~ lfn.r~ IN~x Wr1lr¢f~anw NW/.v: tRS Yw4 ~ Y~ 011 lY]/A~.~~_ ~~ ~r~• •faw ua w~M~1b 1.+~6 ~~ ~ ~P>•1,~~tl0 ~1~ M • w ~0~1 M~ ~ Y /~bI ~~ 1 lid. ~~ 'afa f ~ i ~~ 1 Exhibit A Page 3 EXHIBIT A Exhibit A Page 4 EXHIBIT A 4. Conceptual Development Plan (dated: 1/14/14) t~; ,,. 'i'~ r^1 $ ~ pQ i 2 L - '... z ,. ~' I , ._- :.'4',....~t:: 11t [! t'~iI f ( ~^ ~~{. ', 1. ~t t~Yl t, At 4't F1 `` '/ 2 1 1 ~ ~'- ~ `- ~ ff I r.~ ` ~ \, I ~/ 1 i t Concept Site Plan Cum ~ ~ F~ ~+ p~+g1 ~~..~' ...-,.. ~,t .. ,.. 1~1 ~t 4 i ' +~ ---- F,: --i:~r-.._.__- -- ~~ U ~~„J J U~ ~~~ ~.. U ~~ tt.t+~.,t.t~ -2- EXHIBIT A 5. Conceptual Building Elevations (dated: 9/17/13) GC - Rv a•i CC ReL:wl GC ~ Rx:.a~1 f,C P.*r4 GC CINk DtvNaprnert U 07 C J ~ ~ C vEo Q7 O L -. ~ m F-~U C O y j y am a Ew v x ~O w :a U m TNC Seel. ie,: fNC- 9treelar++ R - 40 ~ F•lii!ti fnmi~i R . eo - rno~~n r am•!v . ~Q -3- EXHIBIT A 6. Letter from ACHD for Approval of Access via Franklin & Ten Mile Roads .,. ~rj~ ~~~~ Va.r,.w+~al~a0 SeTarce May 19, 201 t) Tire Hanorabk Tammy De Wcerd City of Meridian 33 E. Broadway Avenue Meridian, Idaho $3b42 1tE: Brighton Corporation Ten 114i1e Area Access Study Dear Mayor de Weerd: sr+erry a. twee., ttesldent ttebecca w. Mwki. tree Vrrsldent John 5. frenden, Cammiisiorrer CerOi A. M[KCG, Gdnttls~Dner Sera M. t17Metr Canrr~iDner AGl{D stafl'has completed the cotmprchensivc evaluation of the Ten Mile Area Access Study prepared by HDR Engineering on behalf of the Brighton Corporation. Your ktttr of March 9, 2814 tequested ACHD to evaluaoc the proposed access points an Ten Mile Reed and Franklin Road for safety, efficiency and ~nsistet-cy with ACHD policy. Over the past two months, staff has worked with &ighton to further evaluate the access study and through an iterative process has reached a conclusion satisfactory to Both ACHD and Brighton. Through this process ACHD has strived to balance the needs of the future development of the area as envisioned by the City's land use planning efforts while maintaining the function and integrity of the arterial roadway network. !n our review of the infnruiation provided it was determined that not all of the requested access points were necessary to serve the anticipated development of the area, nor could they be sakly accammadated along the arler~l roadways. The final determination by ACHD is consistent with ACHD policy, addresses ~fety concerns ACHD had with the original proposal and does not ttppea~ to negatively impact the operation of the Ten Mik RoadlFranklin Road intersection mot the efficient flow oftraffc on Ten Mik and Franklin Roads in the vicinity. ACHD approves the following access points on Ten Mile Road and Franklin hoed for the 40 acre Brighton parcel at the southeast corner of the intersection based ulaon the future land use as designated in the City's Comprehensive Flan This approval is corNit>$ent gran the parcxl developing eoasistent with those fend use designations and is subject to change or modification if the proposed land uses andlor traffic conditions change in the future. All distances are proximate and will be determined and approved by ACF1D during design. Tglh ile Road 330' south of Framklin 28' wide right-in-right-out driveway, median restrkted To include 100' right tttrrr bay and 1:10 deceleration taper 730" sax~th of Framklin 28' wide right-in/right-out driveway, median restricted To include 100' right turn bay and t:IO deceleration taper 1154' south of Franklin 46' wide full access driveway or future public street To include 100' tight turn bay and 1:10 deceleration taper EMStrtct -4- EXHIBIT A Tn include 200' ietl turn storage bays north and south U-turns on Ten Mile allowed ~.~, 35©' east of Ten Mile 28' wide right-irr/right-out driveway, median restricted G60' cast of Ten Miie 28' Kdde Eeft-intright-in/ri€;ht-out driveway, median restriGed [.eft-in movement limited to seuth side only To include ! 00' right turn bay and 1: i 4 deceleration taper 7b include 100' left turn storage bay I t$0' cast of Ten Miie 46' wick full access signalized driveway or future public stroet Signal to be installed when warranted in future To include t00' right turn bay and 1:10 decceleration taper To include 200' left turn storage hays east and west The access points listed above are different from that depicted in the City's Ten Mile Interchange Specific Area flan, the plans for ITD's Ten Mik Interchange pmjed and the plans for ACHD's Franklin Road, Ten Miie to Linder project. ACRD would t-ppreciate the caoperat'~on of the City to coordinate the .necessary changes to the affected projects as appropriate. Ifyou or your staft'has any questions, please contact the at 3$7-G180. Sincerely, eery tnsetman Manager, RiBiit-of-Way and Development Services cc: J. Schweitzer, ACHD Director David Turnbull, Brighton Corporation Caleb Hood, City of Meridian Graig Jackson, CH2M-Hill Jeff Mort, ItE, ITD District 3 -5- EXHIBIT A 7. Internal Pedestrian Plan -6- EXHIBIT A B. EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: Owner/Developer Requirements: a. Direct lot access via S. Ten Mile Road and W. Franklin Road, both arterial streets, is restricted per UDC 11-3A-3. " " ° "-° ~-'°""''°^"' "'^+ ^ 7~~= ~~4 ~. City Council approved a waiver to UDC 11-3A-3 for the accesses shown on the preliminary plat and concept plan. b. Direct lot access via Franklin Crossing Avenue and Ten Mile Creek Drive, both collector streets, is restricted per UDC 11-3A-3. ueF9rz~'.--'~`=isii-i Til~Tr, ~n ~; City Council approved a waiver to UDC 11-3A-3 for the accesses shown on the preliminary plat and concept plan. c. Franklin Crossing Avenue shall initially be constructed in accord with the proposed street sections shown in Exhibit A.2. Future reconfiguration of the street may occur, if warranted by ACRD, in accord with the aforementioned street section. d. The existing temporary attached asphalt sidewalk along Ten Mile Road shall be removed and a detached 10-foot wide pathway shall be constructed along S. Ten Mile Road some distance from the roadway in accord with the Master Pathways Plan and Street Section A shown in the Ten Mile Interchange Specific Area Plan (TMISAP). e. A minimum 14-foot wide public pedestrian easement for the multi-use pathways on the site shall be submitted to the Planning Division, approved by City Council and recorded prior to signature by the City Engineer on the first final plat. f. The Ten Mile Creek shall remain open and be protected during construction ~•^'°~~ °+'~°~~••~~° exceut for aaproximately 380 feet of the creek nearest to Franklin Road which maX be mined as annroved by City Council contingent upon approval by the Armv Corps of Ensineers and Nampa Meridian Irrigation District. g. Across-access/ingress-egress easement shall be granted to the property to the east (parcel #51214212620) via a note on the plat and/or a separate recorded agreement prior. h. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP. i. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south collector street, in accord with the TMISAP. -7- EXHIBIT A j. Most buildings along S. Ten Mile Road should address the street by being built to the street buffer with windows overlooking the pathway to provide security to the pedestrians and bikes on the pathway in accord with the TMISAP. 1 Tl. L. '1.7' L. +L. ,...~ ...1......++L.o „,...Fl.e.,~4 .. .~f C L'.,..lo D,....7 P, To,. A~T:Ie u ~.... ~. ~.... TNiTTC AD .,.1+:,.1, ...,11~ F;.« 1.,,:1.1:,... +.. ccl...lrl *l,o ~. r~~ 1. Buildings along Franklin Crossing Avenue north of the creek should be built to the sidewalk with street trees in wells and street-level store fronts, in accord with the TMISAP. m. Buildings along Ten Mile Creek Drive shall be set back from the street at some distance behind a detached sidewalk; a tree lawn area should be provided in all areas, in accord with the TMISAP. A minimum 20-foot wide street buffer shall be provided in accord with UDC Table 11-2B-3 and landscaped in accord with the standards listed in UDC 11-3B-7C. n. A 5-foot wide dry-utilities corridor should be provided along both sides of the street curb along Ten Mile Creek Drive and Franklin Crossing Avenue in accord with the TMISAP unless utilities are located in the street, or as otherwise approved. o. All structures within the TN-C zone adjacent to Franklin Crossing Avenue north of the Ten Mile Creek shall be a minimum of two stories in height in accord with UDC 11-2D-5 and the design elements contained in the TMISAP. p. Future development of this site shall be generally consistent with the conceptual site plan, building elevations, and landscape plan submitted with this application included in Exhibits A.3, A.4, and A.5 and the conditions in this report. The site shall develop with a mix of office, commercial and residential uses as proposed. q. Future development of the site shall be consistent with the design elements contained in the TMISAP, the design standards listed in UDC 11-3A-19, and the guidelines contained in the Meridian Design Manual. r. For streets & block fronts where commercial uses and pedestrian activity are most desired north of the Ten Mile Creek, it is recommended that sidewalks be lined with shops, restaurants, offices and galleries and that buildings be designed with multiple sidewalk entries where feasible, generously-scaled display and transom windows, pedestrian-scaled signs and banners, and awnings or canopies for sun shading; s. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development in accord with the elan in Exhibit A.7. t. A pedestrian crossing over the Ten Mile Creek shall be provided as part of the creek amenity if approval can be obtained from Nampa Meridian Irrieation District. Business Owner/Tenant Requirements: u. Business hours of operation in the C-G district shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-2B-3). v. A Certificate of Zoning Compliance and Design Review Application are required to be submitted to the Planning Division for approval prior to issuance of building permits to ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the TMISAP. w. Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive -8- EXHIBIT A pedestrian environment with a strong street character. At a minimum, the following design elements from the TMISAP shall be incorporated into the development: i. Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; iii. Human-scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. 1.1.2 The preliminary plat, dated 1/8/14, included in Exhibit A.2 shall be revised as follows: a. The street buffers along S. Ten Mile Road, W. Franklin Road, Ten Mile Creek Drive, and the portion of Franklin Crossing Avenue south of the Ten Mile Creek shall be on common lots or on permanent dedicated buffers to be maintained by the property owner or business owner's association in accord with UDC 11-3B-7C.2. b. Add note: "Direct lot access to S. Ten Mile Road, W. Franklin Road, Franklin Crossing Avenue and Ten Mile Creek Drive is prohibited except for those access points approved with PP-13-030 by the City of Meridian and ACHD." c. Widen the sidewalks along the section of Franklin Crossing Avenue north of the Ten Mile Creek to 12 feet in accord with the TMISAP. d. Street lights at a pedestrian scale shall be installed within the tree lawn area along S. Ten Mile Road and Ten Mile Creek Drive, the east/west collector, in accord with the TMISAP. e. Pedestrian scale lighting shall be installed along Franklin Crossing Avenue, the north/south collector street, in accord with the TMISAP. £ The Franklin Crossing Avenue bridge section should be reconfigured to reflect two lanes of traffic initially with four lanes of traffic in the future if warranted. 1.1.3 The landscape plan, dated 9/11/13, included in Exhibit A.3 shall be revised as follows: a. The 10-foot wide regional pathway along the Ten Mile Creek shall be extended to the sidewalk along Franklin Road at its full width and to the east property boundary along the north side of the Ten Mile Creek for future extension. On the east side of Franklin Crossing Avenue, the pathway shall shift to the north side of the Ten Mile Creek. Across-walk for the pathway shall be provided across Franklin crossing Avenue. b. A detached 10-foot wide regional pathway is required adjacent to S. Ten Mile Road some distance from the road in accord with the Master Pathways Plan and the TMISAP. Detail B on the plan should be revised accordingly. (The existing temporary asphalt pathway shall be removed.) c. Widen the sidewalk along Franklin Crossing Avenue north of the Ten Mile Creek to 12 feet and install street trees in wells and pedestrian scale lighting in accord with the TMISAP. d. Landscaping along the portion of Franklin Crossing Avenue north of the Ten Mile Creek is required in accord with Street Section E on page 3-21 of the TMISAP. -9- EXHIBIT A e. The 10-foot wide area shown on the north side of the Ten Mile Creek Drive street section as preserved for future roadway expansion shall be planted with grass in the interim. No improvements shall be required beyond the curb and getter on the south side of the street. f. Include a detail for the Franklin Crossing Avenue landscape buffer south of the Ten Mile Creek and Ten Mile Creek Drive in accord with the dimensional standards listed in UDC Table 11-2B-3 and the landscaping standards listed in UDC 11-3B-7C. g. The configuration of the site shall be revised consistent with the concept plan included in Exhibit A.4 and the conditions in this report. 1.1.4 If the development is proposed to be phased, submit a phasing plan with the first phase of development. 1.1.5 Across-access/ingress-egress easement shall be granted to the property to the east (parcel #51214212620) via a note on the plat or a separate recorded agreement. 1.1.6 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-6B and 11-3A-7. 1.1.7 The developer shall obtain an easement from the ~aropriate agency for the 14-foot wide recreational pathway easement along the Ten Mile Creek. 1.1.8 Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator, per MCC 10-6. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the C-G, TN-C, and R-40 zoning districts listed in UDC Table 11-2B-3, 11-2D-5, and Table 11-2A-8 respectively. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to W. Franklin Road, S. Ten Mile Road, Franklin Crossing Avenue and Ten Mile Creek Drive is prohibited except for those access points approved with this application by the City and ACRD. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. -io- EXHIBIT A 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT -11- EXHIBIT A 2.1 Site Specific Conditions of Approval 2.1.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile and West Franklin Road frontages of this parcel. Applicant shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. -12- EXHIBIT A 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. -13- EXHIBIT A 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department did not submit comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 Provide 10-foot wide multi-use pathways on the site in accord with the Meridian Pathways Master Plan as noted above in condition # 1.1.3. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Franklin Crossing Avenue -The applicant has proposed constructing the roadway to provide 3 lanes plus parking to facilitate the future expansion of the roadway to a 5 lane section without parking, if necessary in the future. a. The right-of--way and street sections should be constructed consistent with the cross sections depicted in Finding 4. b. Reconstruct the existing 46-foot wide full access approach onto Franklin Road located 1,180-feet east of Ten Mile Road, for the proposed Franklin Crossing Avenue. c. The northbound leg of the intersection shall be striped with 2 receiving lanes; a center blanked out lane, and dedicated right and left turn lanes. d. The first 200-feet of the new roadway south of Franklin Road should be signed for "NO PARKING". e. Coordinate the design, striping, and signage of the northbound leg of the intersection with District Traffic Services and Development Review staff. 7.1.2 Franklin Crossing Avenue -Future Signal -Design and install a signal at the Franklin Road/Franklin Crossing Avenue intersection. The signal shall be constructed through the signal poles and luminaires, prior to signature on the first final plat. When the signal is warranted in the future, as determined by ACRD, the District will complete the installation of the mast arms, signal heads, controller and wiring and put the signal into operation. 7.1.3 Franklin Crossing Avenue Driveways -Construct 6 30-foot wide curb return driveways onto Franklin Crossing Avenue as proposed. a. Align centerline to centerline on both the east and west sides of Franklin Crossing Avenue. -14- EXHIBIT A b. Two of the driveways located approximately 270-feet south of Franklin Road shall be median restricted as right-in/right-out only driveways. c. The other 4 driveways shall be full access and located 560-feet, and 850-feet south of Franklin Road. d. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Franklin Crossing Avenue. 7.1.4 Ten Mile Creek Drive -Construct Ten Mile Creek Drive with two 11-foot wide travel lanes, 12- foot wide center landscape island, 5-foot wide bike lanes, vertical curb, gutter, 8-foot wide planter strip, and 5-foot wide detached concrete sidewalks within 78-feet ofright-of--way. a. The center landscape islands shall have a maximum width of 12-feet and platted as right- of-way owned by ACRD. The applicant or the owners association shall enter into a license agreement with the District for any landscaping proposed within the center landscape island. b. Dedicate 98-feet ofright-of--way as proposed. c. Construct the first 300-feet of Ten Mile Creek Drive east of Ten Mile Road, stubbing to the 111 acre parcel directly south and east of the site. Construct a temporary turnaround at the terminus of the stub street. d. Utilize the existing 46-foot wide full access approach onto Ten Mile Road located 1,150- feet south of Franklin Road for the proposed Ten Mile Creek Drive. e. Ten Mile Creek Drive will operate at a full access public street. This street, may be restricted to left-in/right-in/right-out, or right-in/right-out operations in the future if safety or traffic operations require modifications, as determined by ACHD. 7.1.5 Ten Mile Creek Drive Extension -Design Ten Mile Creek Road from its terminus (as constructed with this project) east to the proposed roundabout at the Ten Mile Creek Drive/Franklin Crossing intersection. a. If the right-of--way can be acquired from the property owner to the south and a cost share agreement between the two parties can be reached, the roadway shall be constructed as a part of this project. b. If right-of--way and cost share agreement for the construction of the roadway cannot be acquired at this time, then the applicant shall be required to provide a road trust deposit for the construction of half of the road minus half of the design cost. 7.1.6 Ten Mile Creek Crossing Bridge -Submit the bridge plans for the crossing of the Ten Mile Creek (Franking Crossing Avenue) for review and approval prior to plan approval and signature of the first final plat. Dedicate additional right-of--way or a permanent right-of--way easement to a minimum 5 feet beyond the wing-walls of the structure. 7.1.7 Ten Mile Creek Drive Driveways - a. Construct a 30-foot wide full access curb return driveway on Ten Mile Creek Drive as proposed. b. Construct a 30-foot right-in/right-out curb return driveway on Ten Mile Creek Drive located approximately 900-feet east of Ten Mile Road as proposed. The driveway can remain as full access until the roundabout is constructed at the Ten Mile Creek Drive/Franklin Cross -15- EXHIBIT A Avenue at which time it will be restricted with that project; or it may need to be relocated if it is within the influence area of the roundabout. c. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Ten Mile Creek Drive. 7.1.8 Roundabout - Construct a roundabout at the Franklin Crossing/Ten Mile Creek Drive intersection at the south property line as proposed. a. Design and build the roundabout as a dual lane roundabout that can be modified as an interim single lane roundabout and expanded in the future if the collector roadways require 5 lanes in the future. b. If the right-of--way can be acquired from the property owner to the south and a cost share agreement between the two parties can be reached, the roundabout shall be constructed as a single lane roundabout with this project. c. If right-of--way for the construction of the roundabout cannot be acquired at this time, then the applicant shall be required to provide a road trust deposit for half the construction costs of the roundabout minus half of the design costs. d. Enter into a development agreement with the District to be recorded against the land and notes that when the second lane needs to be added to the roundabout that the applicant or current property owner will pay their portion of the design and construction costs associated with the future roundabout expansion. e. Provide the preliminary deliverables for the roundabout design as part of the plan submittal as identified in District policy 5108.8.2. The roundabout shall be designed by a qualified designer following ACHD's Roundabout Design Guidelines. 7.1.9 Stub Streets -Construct Franklin Crossing Avenue to the south as a stub street, and Ten Mile Creek Drive to the east as a stub street. a. Construct temporary turnarounds at the terminus of both stub streets. b. Install signs at the terminus of both stub streets stating that, "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE." c. The temporary turnarounds shall be paved and constructed as standard cul-de-sac turnarounds with a minimum radius of 45-feet. 7.1.10 Ten Mile Road Driveways -Utilize the existing 28-foot wide restricted right-in/right-out driveways onto Ten Mile Road located 400 and 800-feet south of Franklin Road as proposed. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Ten Mile Road. 7.1.11 Franklin Road Driveways -Utilize the 28-foot wide median restricted right-in/right-out driveway, onto Franklin Road located 400 east of Ten Mile Road and the left-in/right-in/right-out driveway 700-feet east of Ten Mile Road as proposed. Pave the driveways their full width and at least 30-feet into the site beyond the edge of pavement of Franklin Road. 7.1.12 Tree Planter Policy -The District's Tree Planter Policy prohibits all trees in planters less than 8- feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. -16- EXHIBIT A 7.1.13 Landscaping Policy - A license agreement is required for all landscaping proposed within ACRD right-of--way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a a- foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 7.1.14 Plat Restriction -Ten Mile and Franklin Road are classified as principal arterial roadways. Franklin Crossing Avenue and Ten Mile Creek Road are classified as collector roadways. Other than the access specifically approved with this application, direct lot access is prohibited to these roadways and shall be noted on the final plat. 7.1.15 License Agreements -Dedicate all islands as right-of--way owned by ACHD; and the Developer or Property Owners Association should apply for a license agreement if landscaping is to be placed within the islands. 7.1.16 Payment of impacts fees are due prior to issuance of a building permit. 7.1.17 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of--way. 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of--way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of--way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within 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 -17- EXHIBIT A 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 terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless awaiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -18- EXHIBIT A C. Legal Description & Exhibit Map for Annexation & Zoning Boundary LOCATED IN NW 1/4 OF SECTION 14, T3N., R.1 W B.M. ADA COUNTY, IDAHO CURVI: iAe1E CIAtYEt LEy®TH RACeA DELTA TANOElif CHOfO eEMMC! cs 9ut w.w es•w~r arae es.eo neu•9aaew ci ..~. 907.70 990.N 9a'sr~r safe meae eTr'9a~aw .. C] 99A1 99C.K 1E'4P1d' B.OE Ni9 p0'9e'pYV QOM G i•*907 ,~ FRANKLIN ROAD 10 79 Ne9r Oe' EO'YV E~sAO' - ~ tazRm' ~ ..... , . - - - 9a ~ asaas'_ . _ _ -.4 - ~- -~~ 96 H ~ ~a a>se~cu • p w eecu I ~ i ~ CURRENT ZONE: RUT ~ ~ LPROPOSED ZONE: C-O,TN-C & R••40 I . w Ii 1,975,2313E o~, ~ ~ ~ 45.34 AC ` ~'~._ . _ .,,1_. tC 90'W tIO.OC W ' _ ~ ~ He2'R7'1e`W W.]0' f•le i11M se.7e' Ne9• n9rarw an.os /rrx • t r Derv 95e.se 9Ni'99'71.1Y 99BA9' ci~l ar as s9.w•7r t9.9e ''Ca N 1nb KOM ~ Nei'~1BMl'1~ - • IM/1V I~•W i71 HCe'sY lrW IY.9e'~ We'99'04•W i~AO' i ~' I ~ ~.. "'" BRIGHTON co~~v KELLER ass~oaistss ANNEXATION BOIiNDARY -~~ LEGAL DESCRIPTION MAP FOR TM CREEK -19- EXHIBIT A LECIAL DESCRIPTION TM Creek Annexation Legal Being a portion of NWI/4 of Section 14 Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho described as: Commencing at the northwest corner of said Section 14; running thence along the north line of said Section 14 5$9°09'50"E 1577.99 Feet; ftrence 500°34'40"W 704.71 feet to the north lino of Ten Mite Stub Drain; thence ebng said north line S89°51'06"W 249.02 feet to the east line of the N W 1/4NW 1/4 of said Section 14; thence along said along said east line 500°34'40"W 120.00 feet to the south line of said Ten Mile Stub; thence along said south tine N89°S 1'06"E 249.02 feet; thence S00°34'40" W 503.95 feet to the south line ofthe NEI/4NW 1/4 of said Section 14; thence along said south line N89° 11'04"W 249.00 feet to the SE corner of the N W 1 /4NW t/4 of said Section !4; thence along the south line of said NW l/4NW l/4 N89°10'41 "W 371.69 feet to the centerline of the Kennedy Lateral; thence along said centerline the following trite (9) courses, (1) NSO°S8'33' W 17.95 feet; thence (2) NS3.1 1'09"W 198.60 feet; thence (3) N61 °20'57' W 85.70 feet to a point of curve; thence (4) along said curve to the left 68.61 feet(Curve Data: Radius~9.99 feet, Delta=Sri°10' 1 Z", chord bears N89°26'39"W 65.90 feeQ; thence (5) 562°27'45''W 91.30 feet to a point of curve; lheace (6) alot~ said curve io the tigErt 107.70 foet(Gurve Data: Radius=199.99 feet, [hltam30°51't6", chord Rears 577°53'45"W 106.40 feet); .thence (7) N86°40' 15"W k 56.20 feet to a point of curve; drence (8}along said curve to dte Iet3 92.42 feet(Curve Data: Radial=! 99.99 feet, Delta=26°28'40", chord bears S80,Q5'(13"W 91.60 fact); thence (9} S66°50'21 "W 186.46 feet to the intersection of the centerline of said of Kennedy Lateral a~td the easterly right of way of Ten Mile Rd.; thence N89°26'21 "W 40.05 feet b ftre west line of said Section 14; thence along said west line N00°33'39"E 1314.93 ket to the point of beginning. Parcel Contains 45.34 Acres more or less. Basis of Bearing North seckion lino of the N W 1 /4 of Section l4 Commencing at the Northwest cxrmor of Section 14; thence S89°09'S0"E, a distance of 2657.99 fret to the N 1/4 of Section 14 °°~O`O Ot~ f~0 ~~ d / 122 ,°~ c~_ of ~ ~~ -Pis o. &"~` legal Uescriptioa, Page I of i -20- EXHIBIT A ti w Q w Z W F- 8G' SY SB'W t+.76 for ~~ _ .. . I W Mts 8EA t+ ~ r - - _ _~a-~ ~ ~ 90Y28'~E ~. t i ` t - - - - PM1 -y t ND'' 39' 7TE 76.19!- - I . ~ ~ ND' Od Op'E 243.01' _ _ ~ _ = ZONE C-G ~ ~ ~. ~ ---- ' ! ~ 889• P j - -rx- I ~ ~ n I I -. . -see' +mw ,• rtad ' 4r za m"w _....Kaw -_~44~~~,.~ I I ~ffi68'6o's1'W 1e6A6 I N53•t 1 ~1--h1 N W ~C 1~ 3L' ~'E 2942D ZONE TN-C _ ~ ~x tT 6/' OPE ~ 43' . _ +1A4~ ~ BW'61'O6"W 248A1' ~'+ow 1opa 00'SN 41. P'~ 3+' 10'w te0.ov D' 7+' 10"E 10.00' Sg3# tt11 I I ZONE' eb,rm ~- R-40 ~. 1 0011V~ •. ,r , N 1774 6i0 N I-~1e8' ~' 15-- - l16e" be' 3YIN 17.46' 11' 04tt 21A00 t~'tdMw YtRDO' se6^ 1a~r~ nad i $ ~i r i ~ I S 9 "'" BRIGHT4I~T CORPORA~ON f ~ KE a,L~E R ~,~„04 ZONING BOUNDARY ~~~~~ LEGAL DESGRIPTI4N MAP FOR TM CREEK -21- EXHIBIT A LEGAL DESCRlPTiON TM Creek C-G Zone Description Being a portion of NW l/4 of Section 14 Township 3 North, Range 1 West, Boice Meridian, Ada County, Idaho described as: Commencing at the northwest corner of said Section 14; t~ttttung thence along the north line of said Section 14 S89°09'50"E 1577.99 feet; thence SOq°34'40"W 294.20 feet; thence N89°25'20"W 290.60 feet; thence N$9°26'49"W 287.44 feet thence S00°33' I i "W 186.45 feet; thence 500°00'00"W 243.81 feet to apoint ofnon-tangent curve; thence along said curve to the left T.90 feet (Carve Data: Radius=270.00 feet, Delta=l°40'33", chord bans S89°02'34"E 7.90 feet); thence S89°50'35"'B (87.17 feet; thence 589°52'51 "E L76.26 feet; thence N87°54'01 "E 101.03 feet; thence N89°42'(9"E 41.44 feat to the east line ofttte NWl/4NW1/4; thence abng said east line SQO°34'40"W 100.00 feet; thence 589°51'06" W 91.91 feet; thence 500°33'18"E 508.21 feet to the south line of said NWl/4NW t/4; thence along said south line N89°10'41 "W 279.99 feet to the centerline of the Kennedy Lateral; thence along said catterlirte the following nine (9) wutses, (1) NSO°S8'33'W 17,95 feet; thence (2) N53°i 1'09"W 19$.60 feet; thence (3) N61 °20'57' W 85.70 feet to a point of curve; thence (4) along said carve to the left 68.61 feet(Ctrrve Data: Radius=69.99 feet, Delht^56°! 0' 12", chord bears N89°26'39"W 65.90 feet); thence (S) 562°27'45"W 91.30 feet to a point of cwve; thence (6) slang said curve to the right 107.70 feet(Curve Data: Radius=199.99 feet, Deka~30°51' 16", chord bears 577°53'45"W 106.40 feet); thence (7) N86°40' I S"W 156.20 feet to a point of curve; thence (8) along said curve to the left 92.42 feet(Curve Data: Radius=199.99 feet, Dettaa26°28'40", chord bears 580°05'03"W 91.60 feet); thence (9) 566°50'21 "W 186.46 feet to the intersection of the centerline of said of Ketmody Lateral and the easterly right of way of Ten Mile Rd.; thence N89°26'21 "W 40.05 feet to the west lice of said Section 14; ~ L.AMp ~ ttte~tce along said wost line N00°33'39"E 1314.93 feet to the point of beginning. ~~~~~ sTPrIpF ~`~ O o. 2 p Parcel Contains 35.82 Acres more or Tess. ~,r~, 2~~~ ~R~S ~ ~~~ Ba.91A Oft3eaCllt}; North action line of the NWI/4 of Section t4 Commencing at the Narthwesl corner of Section 14; thence 389°09'50"E, a distance of 2657.99 feet to the Nl/4 of Section 14 Lcg-~I Description, Pago ! of i _22_ EXHIBIT A LEGAL DESCRIPTION TM Creek It-40 Zone Boundary Part of the NW 114 of Section 14 Township 3 North, Range t West, Boise Meridian, Ada County,ldaho described as: Beginning at point on the south line of Ten Mile Drain Swb, point being 389°09'50"B 1577.99 feet along the Section litre and 500°34'40"W 824.71 feet from the northwest comer of said Section 14, Rututing thence along said south line 589°51'06"W 249.02 feet to the east line ofihe NWI/4NWl/4 ofsaid Section 14; thence along said east line N00°34'4tY'l: 10.00 feel; thence S89"5 t'06" W 91.9 t feat; thence 5b0°33'.18"W 508.21 feet to the south line ofsaid NW U4NW I/4 of said Section 14; thence along said south line 589° 10'41 "E 91.70 feet to the southwest comer of the NEl/4NW 1/4; Chance along the south line ofsaid NEI/4NW l!4 S89°11'04"E 249.00 feet; Chance N00°34`40"E 503.95 feet the Point of Beginning. Parcel Contains 3.94 Acres more or Fess. Basis of Haring North section Line ofthe NWI/4 of Section 14 Commencing at the Northwest corner of Section 14; thence 589°09'50"E, a distance of 2651.99 feet to rho N 114 of Section 14 ~~,o r RD ~z z ~ ,`' ~ / / ~ t.egtt Description, t~ 1 of t -23- EXHIBIT A LI_.c3AL DBSCkIP'r10N TM Creek TN-C 7Ane Boundary Part of the N W 114 of Section 14 Township 3 North, Range [West, Boise Meridian, Ada County, Idaho described as: Beginning at point being S89°09'S0"E (577.99 feet along the Section tine and S00°34'40"W 294.20 feet from the northwest comer of said Section t 4, Running thence N89°25'20"W 290.60 feet; thence N89°26'49"W 287.44 feet; thence S00°33'71"W 186.45 feet; thence S00°00'00"W 243.81 feet to a point of anon-tangent curve; thence along said curve to the left 7.90 feet (Curve Data: Radius=270.00 feel, Delta=l °40'33", chord bears S89°02'3d"fi 7.90 feet); thence S89°52'St"E 176.26 feet; thence TV87°54'01 "E 101.03 feet; thence N89°42'19"E 41.44 feet to the east line of the NWl/4NW1/4 of said Section 14; thence along said east tint N00°34'40"E 10.00 to the north tine of Ten Mik Stub Drain; thence abng said north tine N89°51'06"E 249.02 feet; thence N00°34'40'B 410.51 feet the Point of Beg~ning. Parcel Contains 5.58 Acres more or kss. Basis of Bearing North section tine of the N W 1/4 of Section t4 Commencing at the Northwest corner of Section 14; thence S89°09'SO"E, n distance of 2637.99 feet to the N 1 /4 of Section 14 /o~h1. t.MyQ~ / ~~~~b~Q~ 01 t ; t ~ , 4 FO G~~ a 12. ¢.,, z ~~1-~~ Sa, Legal Deacrlption, Page ~ oC l -24- EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment is generally consistent with the MU-C, LC, and HDR FLUM designations for this site and should be compatible with existing and future adjacent uses. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the C-G, TN-C and R-40 zoning districts is consistent with the purpose statements of the applicable districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City 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. 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 City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that if the applicant develops the site in accord with the provisions in the DA, the development will be in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, design and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. -25- EXHIBIT A b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City 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 City Council finds there is public financial capability of supporting services for the proposed development based on comments provided from the public service providers (i.e., Police, Fire, ACRD, etc.) (see Exhibit B for more detail.). e. The development will not be detrimental to the public health, safety or general welfare; and Based on testimony presented for this project, the City Council finds the development will not be detrimental to the public health, safety or general welfare. ACRD considers road safety issues in their analysis. -26-