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Revolution Ridge AZ 14-002
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ND 39" BOISE IDAHO 05114114 10:36 AM DEPUTY Che Fowler RECORDED -REQUEST OF III IIIIIIII'IIIIIIIIIIII' I Boise City 114036593 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. C13, LLC Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this (3 day of "&J , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho and C13, LLC whose address is 1627 S. Orchard Street, Boise, ID 83705 hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 20.39 acres described in Exhibit "A", requesting a designation of R-4 (Medium -Low Density Residential) zoning districts under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT -REVOLUTIONRIDGE SUBDIVISION (AZ I4-002) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 61" day of May, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B": and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT- REVOLUTION RIDGE SUBDMSION(AZ 14-002) PAGE201`8 3.2 OWNER/DEVELOPER: means and refers C13, LLC, whose address is 1627 S. Orchard Street, Boise, Idaho 83705, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Medium Low Density Residential District (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Direct lot access to W. Victory Road (except for the emergency access driveway on Lot 4, Block 1) and S. Kentucky Way is prohibited in accord with UDC 11-3A-3. 5.1.2 The emergency access driveway via W. Victory Road on Lot 4, Block 1 shall be constructed with the first phase of development. The entrance to the driveway shall have bollards with a chain between them and shall have a paved 5 -foot wide pathway around the bollards for pedestrian access. 5.1.3 Future development of this site shall be generally consistent with the site plan and conceptual building elevations submitted with this application included in Exhibits A.4 and A.5 of the Staff Report attached hereto in Exhibit B. 5.1.4 The rear or sides of homes on lots that back up to W. Victory Road and S. Kentucky Way shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.5 The Sundall Lateral, which crosses the southwest corner of the site, is allowed to remain open and not be piped as approved by City Council in accord with UDC 11-3A-6A.3b. DEVELOPMENT AGREEMENT -REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 3 OF 8 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT -REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: C13, LLC 1627 S. Orchard Street Boise, ID 83705 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT -REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 5 OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between theparties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them DEVELOPMENT AGREEMENT -REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 6 OF 8 or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force atthe time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: C13, LLC By: CITY OF MERIDIAN By: City oI L�ion��n yT City Clerk - f DEVELOPMENT AGREEMENT—REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this I day of _, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared '-j I YVL e0"2v� , known or identified to me to be the �!M Cwr-bejv of C13, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••••. 11NE !OS (SEAL) 1t:,......... Off. , r ,OTA* A •� f '. pUBLtG ; �•'�. P� O F 19 P.•`� STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residingat: 11b My Commission Expires: ?jijlq On this 3 day of �.Aa,l , 2014, before me, a Notary Public, personally appeared' ---v- erd-and Jaycee L Ho Holman, know or identified to me to be the Mayor an$, lerk, respec iv`� y, of `t�ie�n of Meridian, who executed the instrument or the person t6a`� xecutec�he�rument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) � I � � O r !, D6 000C)° .o Residing at: P --Cf Yt Commission expires: U�Lv DEVELOPMENT AGREEMENT—REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 8 OF 8 EXHIBIT A LEGAL DESCRIPTION FOR ANNEXATION A parcel of land located In the Northwest 1/4 of Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Northwest 1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89020'30" East with the distance between monuments found to be 2,640,21 feet. BEGINNING at a point on the North line of the Northwest 1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, from which the Northwest corner of said Section 26 bears North 89°20'30" West a distance of 1,620,02 feel; thence along said North line, South 89920'30" East a distance of a distance of 478.19 feet to (he eenterllne of Kentucky Ridge Road; (hence along said centerline (he following three(3) courses: South 00°2822" Weal a distance of 191,56 feet; along a curve to the left with a radius of 228,00 feet and a central angle of 67044'16" an arc length of 229.76 feet with a chord bearing of South 28623'46" East, and a chard distance of 220,16 feet; South 57115153" East a distance of 65.36 feet; thence leaving said centerline, South 32044'07" West a distance of 30.00 feel; thence South 6103616" West a distance of 33.74 feel; thence South 10°47'18" West a distance of 339.91 feet; thence South 00°27'48" West a distance of 528.85 feet; thence North 89°23'16" West a distance of 835,02 feet; thence North 00°32'33" East a distance of 698,68 feet; thence South 89020'30" East a distance of 300.00 feel; thence North 00'32'33" East a distance of 726.00 feet to the POINT OF BEGINNING, Said parcel containing 888,381 square feet or 20.39 acres, more or less. END OF DESCRIPTION Russell E. Badgley, P.L.S. 42450 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208)465-6687 Revolution Ridge — AZ 14-002 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIAN- e l��t In the Matter of the Request for Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of 64 Building Lots and 5 Common Lots on 19.74 Acres of Land for Revolution Ridge Subdivision, Located at 1100 W. Riodosa Drive, by C13, LLC. Case No(s). AZ -14-002; PP -13-040 For the City Council Hearing Date of. April 15, 2014 (Findings on May 6, 2014) A. Findings of Fact I . Hearing Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 15, 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 § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian plarming 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 -14-002; PP -13-040 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 15, 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 § 11-5A 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 & zoning and preliminary plat is hereby conditionally approved with the requirement of a development agreement per the provisions in the attached Staff Report for the hearing date of April 15, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Prel iminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 1 I -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 1I - 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 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -14.002; PP -13-040 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 15, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -14-002; PP -13-040 -3- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) r% lev Mayor T&4 e Weerd day ofk`� VOTED VOTED__ jAtJr-- V OTED VOTED UIII_,Va— VOTED — VOTED_?�— VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. �O pTe�nr Dated: City filer <' Office �— Q o aq or a SEAL A"1 f � 4 ��lAe iR[Ab�� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-002; PP -13-040 -4- EXHIBIT A STAFF REPORT Hearing Date: April 15, 2014 TO: Mayor & City Council aWEF IIAN� FROM: Sonya Watters, Associate City Planner € f1 11 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -14-002; PP -13-040 —Revolution Ridge Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, C13, LLC, has submitted an application for annexation and zoning (AZ) of 20.39 acres of land with an R-4 zoning district. A preliminary plat (PP) is also proposed consisting of 64 single- family residential building lots and 5 common lots on 19.74 acres of land for Revolution Ridge subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on March 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: Jim Conger, Applicant ii. In opposition: None iii. Commenting: Norma Petty; Rick Fisch, Tamara Hamilton Brenda Jones Kristy Rye Val Hill, Gordon Hamilton (all speakjng for several groups)' Alex McNish; and Roberta Livesay iv. Written testimony: Kevin Petty' and Laren Bailey Applicant's Representative (in agreement with staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issne(s) of Discussion by Commission: i. The applicant should continue to work with the neighbors regarding their concerns about connection to water and sewer; timing of construction of the fencing along the west boundary; the construction entrance; expectations for contractors on the site,• etc C. Key Commission Chanee(s) to Staff Recommendation: i. Modify condition 01.1.1b to allow for bollards with a chain instead of a Late for the emergency access driveway off of Victory Road; ii. Include the revised plat shown at the hearing in Exhibit A.2 and update condition #1.1.2 accordingly d. Outstanding Issue(s) for City Council: i. Staff requests anew condition is added that requires a water main to be installed under the micropath in Lot 8, Block 3. This nmm will connect into the water maim beige required in the proposed Biltmore Subdivision to the sorrtlr. The Meridian City Council heard these items on April 15 2014 At the public 1 tl Council approved the subject AZ and PP request Revolution Ridge Sub AZ -14.002; PP -13-040 PAGE 1 EXHIBIT A R_ Summary of City Council Public Hearin : i• In favor: Jim Conner li In opposition: None U Commenting: Tamara Hamilton: Kevin Petty; Ryan Head. ACHD iY Written testimony Jim Con er Kentucky Ridge Homeowner's Association Kimberly ollingswm•th: Curtis Hpaglund L Staff presenting application: Sonya Watters YL Other staff commenting on annlieati_m_ r None It a Issues of Discussion by Council: L 1hp, provision of a sidewalk off-site on the eastside of S. Kenturlry Way instead fon e site on the west side of S. Kentucky Wav %L The request to leave the Sundall Lateral open due its lar a capacity and the sire of pipe necessary to the the facility: III, The requirement for fencing along the west boundary ofthe site across the ------- ------ riab# pf w --- -- --- ofRebellion Street: and iv, City Council requested the applicant consider the street nam theme presented by th Kentucky Ridge HOA when determining the final street names for the subdivision g. Cev Council Changes to Staff/Commission Recommendation L City Council approved a waiver to I1D 11 -3A -6k 3b allowing the Sn&d—a-11jLattja1 to remain open and not be pined (see condition #1.1.e1: li Add new conditions requiring an easement and water main to be installed within Lot R Block 3 to connect into the water main required in the Proposed Biltmore Subdivision to the south (see Exhibit B. condition #1.1.2a RL Add a new condition requir ng a foot wide detached sidemalk to be -provided off-site iY Add a new condition requiring a 64ilot tall solid temporary fence to be constructs III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 002 & PP -13-040, as presented in the staff report for the hearing date of April 15, 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 -14-002 & PP -13-040, as presented during the hearing on April 15, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-002 & PP -13-040 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 1100 W. Riodosa Drive, in the NW % of Section 25, Township 3 North, Range 1 West. (Parcel #: R4882810600) Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 2 EXHIBIT A B. Owner(s): Jim Conger 1627 S. Orchard St. Boise, Idaho 83705 C. Applicant: C13, LLC 1627 S. Orchard St, Boise, Idaho 83705 D. Representative: Laren Bailey, LEI Engineers & Surveyors 3023 E. Copperpoint Drive, Ste. 201 Meridian, ID 83642 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: February 17, and March 3, 2014 (Commission); March 24, and April 7, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: February 14, 2014 (Commission); March 20, 2014 (City Council) D. Applicant posted notice on site(s) on: February 24, 2014 (Commission); April 7, 2014 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Victory Road and rural residential properties, zoned Rl in Ada County 2. East: Residential properties in Kentucky Ridge Estates, zoned R-4 3. South: Rural residential/agricultural property, zoned RUT in Ada County 4. West: Rural residential/agricultural property, zoned RUT in Ada County. C. History of Previous Actions: This land was previously platted as Lot 3, Block 3, Kentucky Ridge Estates Subdivision. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in S. Stoddard Road at the intersection of S. Silvertip Lane. 2. Location of water: A water main intended to provide service to the subject property currently exists at the intersection of W. Victory Road and S. Stoddard Road. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 3 EXHIBIT A 3. Issues or concerns: The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. Due to limitation of the ability to provide fire flows above elevation 2706.00, development will be limited to the northern portion of the proposed preliminary plat, roughly north of the lots fronting both sides of Riodosa, assuming that Riodosa will be constructed at a finish grade elevation 2706.00 or lower. In this case, Lots 2-4, Block 4, Lots 23-31, Block 2, and all of Block 3 would not be able to be developed until such time that an additional water supply source is available to the south in Pressure Zone 5, and a Pressure Reducing (PRV) station is in place separating the Pressure Zones. E. Physical Features: 1. Canals/Ditches Irrigation: There is a ditch that runs along the southern boundary of the site as well as across the southwest corner of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII, COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The applicant proposes annex the subject property with an R-4 zoning district and develop 64 single- family residential detached homes on the site. The gross density is 3.2 dwelling units (d.u.) per acre. Staff fords 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." (3.07.01E) The proposed medh nr-lorr density residential development should add variety to the lora density residential uses that exist in this area. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to S. Kentucky Way, a residential collector street, and W Victory Road, an arterial street, in accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be obtainedfor signage andfencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117) The proposed raediam low-density residential development should be compatible with existing adjacent residential and agricultural uses. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 1.98 acres of qualified open spacelconnnoru area to be provided on the site in accord with the standards listed in UDC Il -3G -3B. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 4 EXHIBIT A • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposedplat depicts stub streets to the south and Nest for future extension and interconnectivity. A couple of streets (Riodosa mad Blue Doivns) are also proposed to connect to existing stub streets in Kentucky Ridge Estates Subdivision. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) There are no pedestrian connections proposed to adjacent properties. In order to promote neighborhood connectivity, micro paths should be provided to the tivest and south and to the east to the sideuvalk along S. Kentuclq Way. • "Permit new development only where urban services can be reasonably provided at tine time of final approval and development is contiguous to the City." (3.01.01F) Cih� services will be extended with the development of the site in accord rvith UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 20.39 acres of land with an R-4 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of LDR. The applicant proposes to develop 64 single-family homes on the site as shown on the preliminary plat in Exhibit A.2. 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. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 5 EXHIBIT A The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is LDR, which allows for densities of 3 dwelling units per acre or less and the proposed gross density is 3.2 dwelling units per acre, Staff believes the proposed R-4 zoning is appropriate for this properly. 2. Preliminary Plat The proposed preliminary plat is a re -subdivision of Lot 3, Block 3, Kentucky Ridge Estates Subdivision. The proposed plat consists of 64 single-family residential building lots and 5 common area lots on 19.74 acres of land in a proposed R-4 zonhng'district. The average lot size in the proposed development is 9,400 square feet. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and found the plat in compliance with those standards. Block Length: The maximum block length standard is 750 feet without an intersecting street or alley (UDC 11 -6C -3F). The length of the block face along the southern boundary of the site that includes Block 3 and the lots to the east in Kentucky Ridge Estates Subdivision measures approximately 1,140 feet. The UDC does allow for the block length to be extended to 1,000 feet when a pedestrian connection is provided. Because of the location of the Sundall Lateral, a stub street to the south on the west side of the lateral as proposed seems to be a better location than on the east side of the lateral and will provide access to the south on the west side of the lateral in the future. Therefore, staff recommends a micropath is provided to the south between Lots 7 and 8, Block 3 for firture pedestrian interconnectivity between subdivisions in accord with the block length requirements. Existing Structure(s): There is an existing home on the site that is proposed to remain on Lot 14, Block 2. The existing home is required to comply with the building setbacks of the R-4 zoning district. The home appears to comply with all setbacks except for the rear setback which is 15 feet; the south east property line adjacent to the common area on Lot 22, Block 2 should be shifted so that the house meets the minimum rear setback requirement. Access: Access to this site is proposed on the plat from two accesses via S. Kentucky Way by way of W. Victory Road. Stub streets are proposed to the west and south for future extension and interconnectivity. A direct access via W. Victory Road is also proposed for emergency access only across Lot 4, Block 1. The Fire Department and Staff recommends the developer install a 20 -foot wide gate with a Knox padlock to restrict access for emergency purposes only. The emergency access should be constructed with the first phase of development. The plat depicts 42 -foot and 48 -foot wide right-of-way sections. On the 42 -foot wide street sections, parking is only allowed on one side of the street. Staff recommends "no parking" signs are installed at regular internals along the street. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 6 EXHIBIT A Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along W. Victory Road and a minimum 20 -foot wide buffer is required along S. Kentucky Way as proposed. Landscaping within both street buffers is required to comply with the standards listed in UDC 11 -3B -7C; a detailed plan demonstrating compliance with these standards is required to be submitted with the final plat application(s) for this subdivision. The landscape plan submitted with the final plat should incorporate the following revisions: 1) Where bark is proposed, the area is required to be at least 70% covered with vegetation at maturity in accord with UDC 11 -3B -5N; and 2) Because the parkway along W. Victory Road is proposed to count toward the qualified open space requirement, one tree per 35 lineal feet is required to be planted within the parkway area in addition to the landscaping required within the street buffer area. Tree Mitigation: The landscape plan states there are 4 existing ornamental trees on the site that will be relocated. If there are any trees that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space & Site Amenities: Based on the area of the preliminary plat (19.74 acres), a minimum of 10% of the site (or 1.97 acres) is required to consist of gzzalifzed open space as defined in UDC 11 -3G -3B. The applicant proposes a total of 1.98 acres of qualified open space, consisting of a 1.39 acre park, the parkway and t/3 the street buffer along W. Victory Road, the full street buffer along S. Kentucky Way, and a micropath/emergency access connection to Victory Road in compliance with this requirement. In accord with UDC 11 -3G -3A.2, a minimum of one qualified site amenity is required to be provided with this development as set forth in UDC 11 -3G -3C. The applicant proposes a fitness park that will feature 1.3 acres of open space for a play area, a 1/8 mile long pathway around the perimeter of the park, and nearly a dozen workout stations as quality of life amenities in accord with UDC requirements. Sidewalks: Sidewalks are required along all public streets as set forth iu UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required along W. Victory Road and S. Kentucky Way. Five-foot wide attached sidewalks are proposed along internal streets within the subdivision. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. There are no pathways proposed to adjacent properties. In order to promote neighborhood connectivity as detailed in the Comprehensive Plan, staff recommends micropath connections to the west (between Lots 11 and 12, Block 2) and to the south (between Lots 7 and 8, Block 3) boundaries of the subdivision. For topography reasons, staff is not recommending a pathway be provided to the east (between Lots 13 and 14, Block 1) to the sidewalk along S. Kentucky Way as there is a 5% grade in that area which would not comply with ADA standards. Landscaping should be provided adjacent to the pathways in accord with the standards listed in UDC 11-311-12C. Revolution Ridge Sub AZ -14.002; PP -13-040 PAGE 7 EXHIBIT A Waterways: The Sundall Lateral crosses the southwest corner of the site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. The applicant is requesting a waiver fiom City Council due to the large capacity of the lateral. The applicant anticipates that a 36-48" diameter pipe would be required to tile the lateral. The final plat should depict the easement for the lateral on the face of the plat and label it as such. Floodplain: This site does not lie within the Meridian Floodplain Overlay District, Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.S. Because homes on lots that back up to W. Victory Road and S. I{entucky Way will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: A 6 -foot tall vinyl fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan; a 5 -foot tall wrought iron fence is proposed around the common area on Lot 22, Block 2 and adjacent to the common area on Lot 4, Block 1 in compliance with the standards listed in UDC 11-3A7. If the Sundall Lateral will not be improved as part of the development to be a water amenity (as defined in 11-lA-1), the lateral is required to be fenced with an open vision fence at least 6 -feet in height and having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the lateral. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. In snnrnmmy, Staff recommends approval of the proposed annexation and prelimirnaryplat request for this site with a development agreement and the recontmennded connditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXIIIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 1/28/14) - REVISED 3. Proposed Landscape Plan (dated: 1/25/13) 4. Site Plan (dated: January 2014) 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 8 W.VW :l A. Drawings 1. Vicinity/Zoning Map Exhibit Page 1 Co®� m®® LON-1611 .1w.1 2. Proposed Preliminary Plat (dated: 1/28/14) -REVISED REVOLUTION RIDGE SUBDIVISION; A PMR OF AILIIX'1IL0H A MINN OPINE SP. 1/1 OF 51'f.110,V So, Pa,Y„ RIC, RL, = OF YfAIo[aX 04 "wff,, b d ma FxhibitA Page 1 PNaW[fgf NK yoAs PLANFgII PIgH IM &d-1 NPr1. R; z 0 S1 s 6 EXHIBIT A 3. Proposed Landscape Plan (dated: 1/25/13) - ---- ------ --- I i4W g�" �MAW ---------- P3 0 ------------- ---------- 1 22 ...... ....... ........ ........ ... ............. ... ... ....... ............. L�O ............. .................... .... ......................... Y. I 1, ZIM, MIM, vw.- ---------atrrsm - Till izr. I ---------- tsY9 Sill. LIA Exhibit A Page 2 EXHIBIT A 4. Site Plan (dated: January 2014) Revolution -2- EH5 ons EN5 MOD D e!^fL;.wUV!�UF! " \\Too' 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: a. Direct lot access to W. Victory Road (except for the emergency access driveway on Lot 4, Block 1) and S. Kentucky Way is prohibited in accord with UDC 11-3A-3. b. The emergency access driveway via W. Victory Road on Lot 4, Block I shall be constructed with the first phase of development. The entrance to the driveway shall be gated with a 20 - foot wide gate with „ rr,,,.x padleek have bollards with a chain between them and shall have a paved 5 -foot wide pathway around the gate bollards for pedestrian access. c. Future development of this site shall be generally consistent with the site plan and conceptual building elevations submitted with this application included in Exhibits AA and A.S. d. The rear or sides of homes on lots that back up to W. Victory Road and S. Kentucky Way shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. The Sundall Lateral, which crosses the southwest corner of the site, is rog fired-to-bepiped-in aeeei,a with UDC 11 3A SA unless waived b CityCotuiril allowed to remain open and not be pined as approved by City Council in accord with UDC 11-3A-6A.3b, 1.1.2 The revised preliminary plat included in Exhibit A.2 dated 1/28/14 shall be revised as r lie w is approved. e a. Depict a 20 -foot wide easement for the water main required in Lot 8, Block 3. 1.1.3 The landscape plan included in Exhibit A.3 dated 1/25/13 shall be revised as follows: a. Depict a 20 feetwide gate bollards with a chain between them across the emergency access driveway via W. Victory Road on Lot 4, Block 1 and a 5 -foot wide pathway around the . bollards for pedestrian access. b. Minimum 15 -foot wide conimon lots for micropaths shall be provided to the west between Lots 11 and 12, Block 2 and to the south between Lots 7 and 8, Block 3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -12C. -5- I 1' 1 "". c. If Council approves a waiver to allow the Sundall Lateral to remain open and not be piped and it's not improved as a water amenity, the lateral shall be fenced with an open vision fence at least 6 -feet in height having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the lateral in accord with the standards listed in UDC 11 -3A -6B. d. Where bark is proposed within required landscape areas, the area is required to be at least 70% covered with vegetation at maturity in accord with UDC 11-313-5N. e. One tree per 35 lineal feet is required to be planted within the parkway area along W. Victory Road in addition to the landscaping required within the street buffer area. 1.1.4 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.1.5 The developer shall provide a minimum 10% qualified open space in accord with the standards listed in UDC 11 -3G -3B. 1.1.6 The emergency access driveway via W. Victory Road shall be constructed in accord with Fire Department standards (see condition #4.8 below). 1.1.7 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide exercise stations and a perimeter pathway within Lot 22, Block 2 as proposed in Exhibits A.4 and A. S. 1.1.8 The developer is required to extend a water main through Lot 8, Block 3 to the south boundary of the subdivision for future extension. 1.1.9 The developer is required to construct a minimum 5 -foot wide detached sidewalk off-site on the east side of S. Kentucky Way in lieu of a sidewalk on the west side of S Kentucky Way as determined at the City Council hearing. 1_.1.10 A 6 -foot tall solid temporary fence is required to be constructed across the ri ht -of -way of Rebellion Street and a sign installed on the fence stating the street will be extended in the future. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table I1 -2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to W. Victory Road and S. Kentucky Way is prohibited. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for hi-igafron 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 -313 -SI. 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. 6- EXHIBIT A 1.2.10 Construct storm water integration facilities that meet the standards asset 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 11-313-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-313-13 and UDC 11-313-14. 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 properly 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 11-5C-313. A surely agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 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 11-613-7. EXHIBIT A 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 11-313-14A. 2. PU13LIC WORKS DF PARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. Due to limitation of the ability to provide fire flows above elevation 2706.00, development will be limited to the northern portion of the proposed preliminary plat, roughly north of the lots fronting both sides of Riodosa, assuming that Riodosa will be constructed at a finish grade elevation 2706.00 or lower. In this case, Lots 2-4, Block 4, Lots 23-31, Block 2, and all of Block 3 would not be able to be developed until such time that an additional water supply source is available to the south in Pressure Zone 5, and a Pressure Reducing (PRV) station is in place separating the Pressure Zones. 2.1.2 When additional water supply source is available to the south in Pressure Zone 5, and the developer proceeds with development of those lots restricted above, the developer will be responsible for the installation of a Pressure Reducing (PRV) station near the northeast corner of Lot 22, Block 2. The applicant shall provide an easement and install a pressure reducing station vault and conduits for the power lines and telemetry cable. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. The applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. 2.1.3 The terminus of the water main in the Riodosa cul-de-sac shall terminate with a fire hydrant between Lot 14 and the pathway connection. 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, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, 8- EXHIBIT A 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. 2.2.9 Sheet 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 ACRD. The design engineer shall provide certification that the facilities have been installed in MIR EXHIBIT A accordance with the approved design plans. 'Phis 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 huprovement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City, The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (117C) 508.5.4 as follows: a. Fire hydrants shall have the 4 %" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f Fire hydrants shall be placed 18" above finished grade to the center of the 4'/" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fie Code Section 304.1.2. -10 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.5 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.6 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.7 The developer shall install a 10 foot wide gateMth a Knox padloeh bollards with a chain across the emergency access driveway via W. Victory Road on Lot 4, Bloch 1 to restrict access for emergency purposes only. 4.8 The emergency access driveway via W. Victory Road across Lot 4, Bloch 1 shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. The driveway shall be marked in accordance with Appendix D Section D103.6 Signs. 4.9 Parking is only allowed on one side of the streets that are constructed as 42 -foot wide street sections. "No parking" signs shall be installed at regular intervals along the street. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARIcs DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-313-10C.5. 7. ADA COUNTY HyGnwAY DISTRICT 7.1 Site Specific Conditions 7.1.1 Construct a detached 5 -foot wide sidewalk parallel to Victory Road located a minimum of 36 -feet from centerline of the road abutting the site. 7.1.2 Construct a 5 -foot wide detached sidewalk or the west side, OR, of the east side; but not both. AC14D preference is the east side, if approved by the City. If not approved by the City, then west side of Kentucky Way. The sidewalk should be located a minimum of 24 -feet from centerline along Kentucky Way abutting the site. 7.1.3 Provide permanent right-of-way easements for all public sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 - feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. 7.1.4 Install "NO PARKING" signs on Kentucky Way if not already there. 7.1.5 Construct Blue Downs Street into the site as a 34 -foot street section with curb, gaffer, and 5 -foot wide concrete sidewalk within 48 -feet of right-of-way. 7.1.6 Construct Rebellion Street and Redup Street, as a 34 -foot street section (back of curb to back of curb) with rolled curb, gutter, and 5 -foot wide sidewalk within 48 -feet of right-of-way. 7.1.7 Construct the internal streets, Revolution, Riot, Riodosa, and Revolt Streets, as 29 -foot street sections with rolled curb, gutter, and 5 -foot wide concrete attached sidewalks within 42 -feet of -11- EXHIBIT A right-of-way. 7.1.8 Provide written approval from the appropriate fire department for the reduced street sections prior to final plat. 7.1.9 Install "NO PARKING" signs on one side of the 29 -foot street sections in accordance with District policy and Fie Department specifications. 7.1.10 Construct 3 cul-de-sacs at the terminus of Riodosa Street, Riot Street and Rebellion Street with a minimum turning radius of 45 -feet. 7.1.11 Construct Rebellion Street as a stub street to the west, between Block I Lots 1 & 2 and Block 2 Lot 1, located approximately 200 -feet south of Victory Road (centerline to centerline). 7.1.12 Construct Redup Street as a stab street to the south, between Block 2 Lots 30 & 31 and Block 3 Lot 1, located approximately 150 -feet east of the west property line. 7.1.13 Construct a 30 -foot wide driveway 250 -feet west of Kentucky Way and 240 -feet east of an existing residential driveway onto Victory Road. 7.1.14 Pave the driveway 21 -feet in width it entire length from Victory Road to Rebellion Street and coordinate with ACRD and the Meridian Fire Department on design and restricting the driveway for emergency purposes only. 7.1.15 Payment of impacts fees are due prior to issuance of a building permit. 7.1.16 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 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 ACED right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD 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. 12- EXHIBIT A 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.2.12 If the site plan or use should change in the future, ACRD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -13- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundaiy LEGAL DESCRlprtoN rOR ANNEXATION A parcel of land located In (lie Northwest 114 of Section 26, Township 3 North, Range 1 West, Bolse Meridian, Ada County, Idaho. Being further described as follows: BASIS OF 13EARINGS: The North line of the Northwest 114 of Section 26, Townslllp 3 North, Range 1 West, Boise Meridien, derived from found monumonls and taken as South 89920'30" East with the distance between monuments found to be 2,640,21 feet. BEGINNING at a point on the North line of the Northwest 114 of Section 26, Township 3 North, Range 1 Was(, Boiso Meridian, from which the Northwest corner of said Section 25 boars North 89620'30" West a distance of 1,620.02 feel; thence along said North line, South 89020'30" East a distance of a distance of 478.19 feet to the centerline of Kentucky Ridge Road; (hears along said centerline the following Ihree(3) courses: South 00928'22" Weal a distance of 191.66 feel; along a curve to the left with a radius of 226.00 feet and a central angfe, of 67044115" an are length of 220.76 foot with a chord bearing of South 28°23'46" East, and a chord distance of 220,16 feel; South 67915'53" East a distance of 66,36 feet; thence leaving sold conteritne, South 32°44'07" West a distance of 50,00 fool; thence South 611'30'10' West a distance of 33.74 feet; thence South 10047118" Wosl a distance of 330.91 feet, thenoe South 00027'48" West a distance of 620.86 foot; thence North 89°23'16" West a distance of 835,02 feet; thence North 00032'33" East a distance of 698,60 feel; thence South 89920'30" East a distance of 300.00 feet; thence North 00°32'33" East a distance of 726,00 feet to the POINT Or BEGINNING, Said parcel conlalnhig 800,381 square foal or 20,39 acres, more or lose. END OF DESCRIPTION Russell E. Badgley, P,I..S, 12450 Timberline Surveying 847 park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 466-5607 -14- EXHIBIT A BASIS Of OC•ARINO S00'20'00°E - 2640.21' 23 24 969'20'30'E , _.. 300'20 90'E.gYO.YD Re 26 t9zo.oz' I �I �I �I I Vl4rORY MOAo SBO°20'00'x•642.00' ?,�. J751149Luriaiv17100081/0 ANNMMON soul 20,Jov-3oD06, 060,301 sq,il. 20.36 as I I �I �I _ cVnn rua� CURVE UIfttlI RADIUS DELTA rNlaNlt _ WORM 1 IIFANaU of 220.7& 2i0AB 0Y'44'10' 126a0' 220.14' JI Dt0.20'40'F. C� ._.- � NBD•23'96"W888.02' 68.30' 30.00' 38,Yq' REVOLUTION RIDGE SUBDIVISION ANNEXATION DISPLAY MAF' SFCTION 26, TOWNSHIP 3 NORTFI, RANGE 1 WEST, ©,M, 15- EXHIBIT A D. Required Fludings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fid] investigation and shall, at the public hearing, review the application. Br order to grant all annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with an R-4 zoning district and proposes a gross density of 3.2 dwelling units per acre consistent with the FLUM designation of LDR. Therefore, the City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible.with adjacent residential uses (see section VII above for more information). It. 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 R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The 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 -5B -3.E). The City Council finds annexing this property with an R-4 zoning district is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section PII, of the Staff Report for more information. 1G- 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 finds. d. There is public financial capability of supporting services for the proposed development; Based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and City Council The City Council is not aware of any health, safety, or enviromnerrtal problems associated with the platting of this property. ACHD considers road safety issues in their analysis. After consideration of public testimony presented at the hearing, the City Council determined the proposed subdivision should not be detrimental to the public health, safety or general welfare. -17-