Heritage Grove AZ 14-003ADA COUNTY RECORDER Christopher Q. Rich AMOUNT .00 54
BOISE IDAHO 05/29/14 11:56 AM
DEPUTY Vicky Bailey III I'II'III'I'lll'I'll�l'I��I'III I fIl
RECORDED -REQUEST OF
Meridian City 114041277
DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Green Village Development, Developer
3. Leon and LaRue Johnson Family Trust, Owner
4. Michael and Leslie Trail, Owners
5. Steve and Bette Charitable Remainder Unitrust, Owner
THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this
day of n a �, 2014, by and between City of Meridian, a municipal corporation of the
State of Idaho, h eae fter called CITY; and Green Village Development, DEVELOPER; and Leon and
LaRue Johnson Family Trust; Michael and Leslie Trail; and Steve and Bette Charitable
Remainder Unitrust, OWNERS.
RECITALS:
1.1 WHEREAS, Owners are the sole owners, 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 zoning that the Owners and/or Developer
malce 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 11-5B-3 of the Unified Development Code ("UDC"), which authorizes
development agreements upon the annexation and/or re -zoning of land; and
1.4 WHEREAS, Owners and/or Developer have submitted an application for
annexation and zoning of 1.49 acres of the Property requesting a designation of
R-15 (Medium -High Density Residential) zoning districtunderthe UDC, which
generally describes how the Property will be developed and what improvements
will be made; and
1.5 WHEREAS, City and former owner entered into a Development Agreement on
a portion of the Property described in Instrument # 108065962 on June 6, 2008
for the Chalet Marseilles Subdivision. That Development Agreement is
terminated and the subject Property is hereby bound by the terms of this
Agreement.
DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 -PAGE 1 OF 10
1.6 WHEREAS, Owners and/or 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
1.7 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
1.8 WHEREAS, on the 6th 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
1.9 WHEREAS, the Findings require the Owners and/or Developer to enter into a
Development Agreement before the City Council takes final action on
annexation and zoning designation; and
1.10 WHEREAS, Owners and/or Developer deem 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
1.11 WHEREAS, City requires the Owners and/or 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 HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 2 OF 10
3.2 OWNERS: means and refers to Leon and LaRue Johnson Family Trust, whose
address is 2453 Wainwright Drive, Meridian, Idaho 83642; Michael and Leslie
Trail, whose address is 1370 E. Ustick Road, Meridian, Idaho 83642; and Steve
and Bette Charitable Remainder Unitrust, whose address is 1095 Mountain
Ridge Road, Provo, Utah 84604, the parties who own said Property and shall
include any subsequent owner (s) of the Property.
3.3 DEVELOPER: means and refers Green Village Development, whose address is
372 S. Eagle Road, Suite # 328, Eagle, Idaho 83616, the party developing said
Property and shall include any subsequent developer(s) of the Property
3.4 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 zoned Medium High Density Residential District (R-15) and a parcel to
be zoned Medium High Density Residential District (R-15) (1.49 acres) 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.
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owners and/or Developer shall develop the Property in accordance with the
following special conditions:
5.1.1 The applicant shall comply with the submitted home elevations and design
features attached in Exhibit A.7 of the Findings as in the attached "Exhibit B". A
mix of materials and architectural details as represented in the attached
elevations shall be incorporated on the rear facades that face E. Ustick Road and
N. Locust Grove Road (Lots 3-21, Block 6).
5.1.2. Development of this site shall substantially complywith the preliminaryplat and
landscape plan in Exhibit A of the Findings as in the attached "Exhibit B"..
5.1.3. The landscape buffers adjacent to E. Ustick Road and N. Locust Grove Road,
excluding the Trail property, shall be constructed as shown on the submitted
landscape plan with the first phase of development.
5.1.4. The applicant shall comply with all City ordinances in effect at the time of final
plat submittal.
DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 3 OF 10
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 Owners and/or Developer's default of
this Agreement, Owners and/or 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 Owners and/or Developer that is not cured
after notice as described in Section 7.2, Owners and/or 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. Owners and/or 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 Owners and/or
Developer, or by any successor or successors in title or by the assigns of the
parties hereto. Enforcement maybe 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 Owners and/or Developer or City is delayed for causes that are beyond
the reasonable control of the partyresponsible 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 Owners and/or 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 HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 4 OF 10
8. INSPECTION: Owners and/or 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 Owners and/or 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 Owners and/or 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 Owners and/or Developer agree 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 depositin 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
with copy to:
City Attorney
City of Meridian
33 E. Broadway Avenue
Meridian, ID 83642
DEVELOPER:
Green Village Development
372 S. Eagle Road, Suite #328
Eagle, ID 83616
DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 5 OF 10
OWNERS:
Leon and LaRue Johnson Family Trust
2453 E. Wainwright Drive
Meridian, ID 83646
Steve and Bette Charitable Remainder Unitrust
1095 Mountain Ridge Road
Provo, UT 84604
Michael and Leslie Trail
1370 E. Ustick Road
Meridian, ID 83646
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 the parties 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
Owners and/or Developer, each subsequent owner and any other person acquiring an interest in the
Property. Nothing herein shall in anyway 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 Owners and/or Developer, to execute appropriate and recordable
evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined
that Owners and/or 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.
DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 6 OF 10
21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements,
agreements, condition and understandings between Owners and/or 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 Owners and/or Developer and City, otherthanas 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 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 at the
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 WITNES S WHEREOF, the parties have herein executed this agreement and made it
effective as hereinabove provided.
DEVELOPER:
Green Village Development
By ,
OWNERS:
Leon and LaRue Johnson Family Trust
t
C. Leon Jolmo. Trustee
fr
E. LaRue Jo son, rustee
OWNERS:
Michael Trail
eslie Trail
DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 -PAGE 7 OF 10
Steve and Bette Charitable Remainder Unitrust
3
W. Gibson, Trustee
CITY:
CITY OF MERIDIAN, an Idaho municipal
corporation
By: J
Mayor Tarr de Weerd
ATTEST:
Jaycee U Holman, City Cleric
ST OF IDAHO )
:ss.
County of A )
U Ir,
City of
}/ IJ-F9A1°4,'-`-
,'lD ;Q
t
SEAL
On this day of , 2014, before the undersigned notary public in and for the
said state, personally appeare ucker Johnson, known or identified to me to be the
of Green Village Development a ie person who executed the foregoing instrument on behalf of said
company and acknowledged to me tha executed the same.
IN WITNESS WHEREOF, I have hereunto set Mfy4Land and seal the day and year first above written.
Notary PNat: r Idaho
Residing
My Commission
DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 8 OF 10
Bette Charitable Remainder Unitrust
In
Stephen W, Gibson, Trustee
CITY:
CITY OF MERIDIAN, aInIdaho municipal
corporation \
0
Mayor Tammy de Weerd
ATTEST:
Jaycee L. Holman, City Clerk
STATE OF IDAHO )
:ss.
County of Ada
On this 141 day of , 2014, before the undersigned notary public in and for the
said state, personally appeared ucker Johnson, known or identified tome to be the
of Green Village Development and the person who executed the foregoing instrument on behalf of said
company and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
ROSEAT T. 8MrrH Notary Pub is for Idaho
TY PUBUC Residing at:
TATE OF 10M0
My Commission Expires: I -
DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 8 OF 10
STATE OF IDAHO )
:ss.
County of Ada )
On this t day of , 2014, before the undersigned notary public in and for the
said state, personally appeared C. Leon Johnson, known or identified to me to be a trustee of the Leon
and LaRue Johnson Family Trust and the person who executed the foregoing instrument and
acknowledged to me that he executed the same on behalf of said Trust.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written.
RO
NOTARY PLIM
STATE OF IDAHO
STATE OF IDAHO )
:ss.
County of Ada
N ary Public for Id ho
Residing at: `
My Commission Expires:
On this day of , 2014, before the undersigned notary public in and for the
said state, personally appeared It. LaRue Johnson, known or identified to me to be a trustee of the
Leon and LaRue Johnson Family Trust and the person who executed the foregoing instrument and
acknowledged to me that she executed the same on behalf of said Trust.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
ROBERT
NOThRY
IDAHOSTATE OF
4.
STATE OF IDAHO )
:ss.
County of Ada )
N16tary Public for Idaho
Residing at: �,o
My Commission Expires;.:�
On this day of CU , 2014, before the undersigned notary public in and for the
said state, personally appeared Michael Trail, known or identified to me to be the person who executed
the foregoing instrument and acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year fust above
written.
Le L
Notary Public Idaho p,
Residing at:
®®e0®v My Commission Expires:
DEVELOPMENT A® fir. ��GE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 -PAGE 9 OF 10
®®®®®®9
S OF IDAHO )
:ss.
County of A )
On this day of
, 2014, before the undersigned notary public in and for the
said state, personally appeareslie Trail, known or identified to me to be the person who executed
the foregoing instrument and acicn edged to me that she executed the same.
IN WITNESS WHEREOF, I have h nto set my hand and seal the day and year first above
written.
Notary Public for ho
Residing at:
My Commission Expires:
STATE OF fIJAHa)
:ss.
County of A -Aa -.F t)
On this day of , 2014, before the undersigned notary public in and for the
said state, personally appeared Stephen W. Gibson, known or identified to me to be the Trustee
of the Steve and Bette Charitable Remainder Unitrust and the person who executed the
foregoing instrument on behalf of said Trust and acknowledged to me that said they executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first
above written.
DEREK MARSHALL. f f
` NUMRYPURt1C e SMTEof UTAH Notary Public for Idaho
all
COMMISSION NO. 662961
< ESP. 42.11-2017 Residing at:':
My Commission Expires:
STA F IDAHO )
: ss
County of Add
On this day of , 2014, before me, a Notary Public,
personally appeared Ta de Weerd and Jaycee L. Holman, know or identified to me to be
the Mayor and Cleric, respec ly, of the City of Meridian, who executed the instrument of
behalf of said City, and acknowl d to me that such City executed the same.
IN WITNESS WHEREOF, I have unto set my hand and affixed my official seal the
day and year in this certificate first above writte
Notarylic for Idaho
Residing at.
Commission ex .
DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 — PAGE 10 OF 10
STATE OF IDAHO )
:ss.
County of Ada
On this day of a , 2014, before the undersigned notary public in and for the
said state, personally appeared Leslie Trail, known or identified to me to be the person who executed
the foregoing instrument and acknowledged to me that she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above
written.
ROBERT T. smrrH
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO )
:ss.
County of
On this day of , 2014, before the undersigned notary public in and for the
said state, personally appeared Stephen W. Gibson, known or identified to me to be the Trustee
of the Steve and Bette Charitable Remainder Unitrust and the person who executed the
foregoing instrument on behalf of said Trusi and acknowledged to me that said they executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand arnd seal the day and year first
above written.
Notary Public for Idaho
Residing at:
My Commission Expires:
STATE OF IDAHO )
ss
County of Ada )
x w -
On this ��°�.:� �- day of —[—k 2014 before me, a Notary Public,
personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be
the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument 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.
Notary Public for`Idaho
Residing at. k.1f w,
j Commission expires:
DEVELOPMENT AGREEMENT HERITAGE, ' GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 10 OF 10
i'
M1' '
xktbJ
EXTERIOR BOUNDARY DESCRIPTION
FOR
HERITAGE GROVE SUBDIVISION
A parcel located in the SE 1/4 of the SE 1/4 of Section 31, Township 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap monument marking the southeasterly corner of said SE %4 of the
SE 1/4, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said SE 1/4
of the SE 1/4 bears N 89°47'06" W a distance of 1324.60 feet;
Thence N 89°47'06" W along the southerly boundary of said SE 1/ of the SE V4 a distance of
760.04 feet to a point;
Thence leaving said southerly boundary N 0'08'14" E a distance of 48.00 feet to a brass cap
monument marking the southeasterly corner of If,' MEADOW SUBDIVISON as shown
in Book 82 of Plats at Page 9035 on file in the office of the Recorder, said Ada County and
the POINT OF BEGINNING;
Thence along the easterly and northerly boundaries of said WANDA'S MEADOW
SUBDIVISION the following described courses:
Thence continuing N 0°08' 14" E a distance of 107.59 feet to a 5/8 inch diameter iron pin;
Thence N 8°40'34" E a distance of 42.72 feet to a 5/8 inch diameter iron pin:
Thence N 0123'24" E a distance of 416.15 feet to a 5/8 inch diameter iron pin marking
the northeasterly corner of said WANDA'S MEADOW SUBDIVISION;
Thence N 89°47'05" W along said northerly boundary a distance of 567.58 feet to a 5/8
inch diameter iron pin marking the northwesterly corner of said WANDA'S MEADOW
SUBDIVISION, said point also being on the westerly boundary of said SE %4 of the SE 1/;
Thence leaving said northerly boundary N 0037109" E along said westerly boundary a .
distance of 715.84 feet to a 5/8 inch diameter iron pin on the northerly boundary of said SE 1/4
of the SE 1/4, said point also being on the southerly boundary of QUENZER COMMONS
SUBDIVISION NO. 5 as shown in Book 90 of Plats at Page 10429 in said office of the
Recorder;
Thence leaving said westerly boundary S 89'46'17" E along said southerly boundary and also
along the southerly of QUENZER COMMONS SUBDIVISION 6 as shown in Book 91 of Plats
at Page 10710 in said office of the Recorder a distance of 661.15 feet to 5/8 inch diameter iron
pin marking the northeasterly corner of the W 1/2 of the SE 1/4 of the SE 1/4;
Thence leaving said southerly boundary S 0'34'10" W along the easterly boundary of said
W %2 of the SE %4 of the SE 1/4a distance of 599.74 feet to a 5/8 inch diameter iron pin;
Exterior Boundary
Page 2
Thence leaving said easterly boundary S 89'46'17" E a distance of 616.67 feet to 5/8 inch
diameter iron pin on the westerly right-of-way of Locust Grove Road;
Thence along said westerly right-of-way the following described courses:
Thence S 0°31' 11" W a distance of 464.55 feet to a 5/8 inch diameter iron pin;
Thence S 6°13'49" W a distance of 100.50 feet to a 5/8 inch diameter iron pin;
Thence S 0°31' 11" W a distance of 93.00 feet to a 5/8 inch diameter iron pin;
Thence leaving said westerly right-of-way S 40°13'08" W a distance of 31.72 feet to a 5/8
inch diameter iron pin on the northerly right-of-way of Ustick Road;
Thence N 89°47'06" W along said northerly right-of-way a distance of 685.10 feet to the
POINT OF BEGINNING.
This parcel contains 21.71 acres and is subject to any easements existing or in use.
Prepared by: Glenn K. Bennett, PLS
Civil Survey Consultants, Incorporated
January 17, 2014
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND
DECISION & ORDER
(::�VE IDF�
I tF
In the Matter of the Request to Annex 1.49 Acres of Land with the R-15 Zoning District; Planned
Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley -load Lots;
Preliminary Plat Consisting of 121 Residential Building Lots and 19 Common/Other Lots on 21.71
Acres of Land; and Development Agreement Modification to Change the Development Plan from
Multi -family to Single Family, Located on the Northwest Corner of E. Ustick Road and N. Locust
Grove Road; by Tucker Johnson.
Case No(s). AZ -14-003; PUD -14001; PP -14-001; and MDA -14-001
For the City Council Hearing Date of: April 15, 2014 (Findings on May 6, 2014)
A. Findings of Fact
1. 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 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 -14-001; PUD -14-001; PP -14-001; & MDA -14-001
-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 Cleric and then a copy served by the Cleric 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 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 and development agreement modification is hereby
approved with the provisions in Exhibit B of the Staff Report for the hearing date of April 15,
2014, attached as Exhibit A.
2. The applicant's request for planned unit development and preliminary plat is hereby approved
per the conditions included in Exhibit B of the Staff Report for the hearing date of April 15,
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 11-613-713).
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 rip
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 Conditional Use Permit Duration
Please take notice that the conditional use permit, when granted, shall be valid for a maximum
period of two (2) years unless otherwise approved by the City. During this time, the applicant
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), AZ -14-001; PUD -14-001; PP -14-001; & MDA -14-001
-2-
shall commence the use as permitted in accord with the conditions of approval, satisfy the
requirements set forth in the conditions of approval, and acquire building permits and
commence construction of permanent footings or structures on or in the ground. For
conditional use permits that also require platting, the final plat rmist be signed by the City
Engineer within this two (2) year period.
Upon written request and filed by the applicant prior to the termination of the period in accord
with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the
use not to exceed one (1) two (2) year period. 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 conditional use comply with the current provisions of Meridian
City Code Title I I(UDC 11-513-6F).
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 I1 -513-3F).
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 April 15, 2014
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-001; PUD -14-001; PP -14-001; & MDA -14.001
-3-
By action of the City Council at its regular meeting hold on the day of V ot--'=�" - ,
2014. U
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)
Mayor Tamm (dy*eerd
VOTED
VOTED
VOTED -, (1,fi— -
VOTED"_
VOTED
VOTED
VOTED
Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney,
A Ij
By: Dated:y of
ea,
City Cl k's
(9fficb TDTtLN
SEAL
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ -14-001; PUD -14-001; PP -14-001; & MDA -14-001
-4-
EXHIBIT A
STAFF REPORT
Hearing Date: April 15, 2014 I I
TO: Mayor and City Council
FROM: Bill Parsons, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -
14 -001
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Tricker Johnson, has requested approval of the following applications:
1) Annexation of approximately 1.49 acres from the RUT zoning district in Ada County to the R-15
(Medium High-density Residential) zoning district;
2) Planned unit development to modify the R-15 dimensional standards of the mew and alley loaded
lots to allow for an exemplary design;
3) Preliminary plat consisting of 121 single family residential lots and 19 common lots on
approximately 21.71 acres and;
4) Development Agreement modification to change the development plan from multi -family to single
family.
See Section Mof the staff reportfor more information.
H. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ, PUD, PP and MDA applications in accord with the
conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D,
The Planninu and Zoninu Commission heard these items on March 6. 2014. At the Dublic
hearing, the Commission voted to recommend approval of the subiect AZ. PUD and PP
requests.
a. Summary of Commission Public Hearing:
L In favor: Tucker Johnson
ii. In opposition: None
iii. Commenting: Josh Leblanc and Randy Spiwalc
iv. Written testimonv: Roberta Garvin, Wendell Martin and Anne Hutchinson
v. Staff presenting application: Bill Parsons
vi. Other staff commenting on application: None
b. Key Issue(s) of Discussion by Commission:
i. Cost sharing for the perimeter fencinj4.
c. Kev Commission Chanae(s) to Staff Recommendation:
i. None
d. Outstanding Issues) for City Council:
i. None
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 1
EXHIBIT A
The Meridian City Council heard these items on April 15, 2014. At the public hearjng the
ouncil approved the subject AZ, PUD, PP and MDA requests.
dx ,Summary of City Council Public Hearin:
L In favor: Tucl er Johnson
ij. In opposition: None
iii. Commenting: None
M Written testimony: None
L Staff presenting application: Bill Parsons
A Other staff commenting on annlication: Ted Baird
b, Ka issues of Discussion by Council:
k None
C. Kev CouncjI Changes to Staff/Commission Recommendation
i. The development (closure of the Ustick Road access and the Ustick landscape buffer) of
the Trail prow may commence with Phase 2 of the proieet DA Provision C and Site
Specific Condition of approval 1.2.1(a,b,c) and 1.2.7 were modified accordingly.
L Added Condition of Approval 1.2.Id: Restricting Lots 26-35, Bloch 6 to single straw
homes as testified by the applicant.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14-
003; PUD -14-001; PP -14-001 and MDA -14-001 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 -14-003;
PUD -14-001; PP -14-001 and MDA -14-001 as presented in the staff report for the hearing date of
April 15,'2014, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Numbers AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 (optional)
to the hearing date of (insert continued hearing date here) for the following reason(s): (You should
state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located on the northwest corner of N. Locust Grove Road and E. Ustick Road in the
SE 1/4 of Section 28, Township 4N, Range 1W. - (Parcel #'s: 5053144935; 50531449450 and
50531449105)
B. Applicant/Representative:
Tucker Johnson, Green Village Development
372 S. Eagle Road, Suite #328
Eagle, Idaho 83616
C. Owner(s):
Leon and LaRue Johnson Michael and Leslie Tfail
2453 E. Wainwright Drive 1370 E. Ustick Road
Meridian, Idaho 83646 Meridian, Idaho 83646
Steve and Bette Charitable Remainder Unitrust
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14.001 and MDA -14-001
PAGE
EXHIBIT A
1095 Mountain Ridge Road
Provo, Utah 84604
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for an annexation, planned unit development, preliminary plat and
development agreement modification. A public hearing is required before the Planning and
Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); Manch
24, and ApOl 7, 2014 (Council)
C. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March
20, 2014 (Council)
D. Applicant posted notice on site(s) on: February 20, 2014 (Commission); March 28, 2014,
Council
VI. LAND USE
A. Existing Land Use(s) and Zoning: The properties are agricultural in nature and consist of several
single family residences and outbuildings, zoned RUT and R-15.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: Quenzer Commons Subdivision and LDS Church, zoned R-8 and RUT (Ada County)
2. East: Summerfield Subdivision, County residence, zoned R-8 and RUT (Ada County)
3. South: Howell Tract Subdivision, zoned R-8
4. West: Wanda's Meadows Subdivision and County residence, zoned R-4 and RUT (Ada
County)
C. History of Previous Actions: In 2008, a majority of the subject property (excluding the Trail
property) received annexation, preliminary plat, conditional use permit, private street and
alternative compliance approval (AZ -07-020, PP -07-027, CUP -07-023, PS -07-008 and ALT -07-
020) to develop a 120 unit multi -family development for the Chalet Marseilles Subdivision. The
annexation was approved with a development agreement which recorded as instrument
4108065962.
In 2009, the Director granted the approval of an 18 -month time extension to obtain the City
Engineer's signature on a final plat and commence the conditional use for Chalet Marseilles
Subdivision. Subsequent time extensions were not filed with the Planning Division, thus the
preliminary plat and the conditional use permit have expired.
D. Utilities:
1. Public Works:
a. Location of sewer: Sanitary sewer mains intended to provide service to this proposed
development are existing adjacent to the development in E. Ustick Road, N. Locust
Grove Road, N. Yellow Peak Avenue, and N. Heritage View Avenue.
b. Location of water: Domestic water mains intended to provide service to this proposed
development are existing adjacent to the development in E, Ustick Road, N. Locust
Grove Road, N. Yellow Peak Avenue, and N. Heritage View Avenue.
Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 3
EXHIBIT A
c. Issues or concerns: The current design location of the sanitary sewer and water mains
across the Block 4, and Block 12 Mews does not comply with Meridian Public Works
Standards. Specifically there would need to be a 14 -foot wide all weather gravel road
over the utilities per Standard Drawing No. G2.
E. Physical Features:
1, Canals/Ditches Irrigation: No major facilities exist on the properties but several irrigation
ditches traverse the property and must be tiled in accord with UDC 11-3A-6.
2. Hazards: Staff is not aware of any hazards that exist on these properties.
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
The subject property is designated "Medium Density Residential" (MDR) on the f Lure land use map.
The MDR designation allows smaller lots for residential purposes within City limits. Uses may
include single-family homes at densities of 3 to 8 dwelling units per acre.
The proposed preliminary plat depicts 121 single-family detached lots on 21.71 acres of land at a
gross density of 5.57 dwelling units per acre consistent with the MDR designation.
Concurrently, the applicant is requesting to annex 1.49 acres with an R-15 zoning district. The R-15
zone is requested to match the zoning of the remaining acreage approved with the annexation in 2008.
Although the zoning of the proposed development allows a maximum density of 15 dwelling units to
the acre, the proposed density falls within the parameters of the MDR designation of the
comprehensive plan.
As an addendum to the Comprehensive Plan, the City adopted the Design Manual that includes
guidelines that encourages aesthetic development that results in an attractive and livable community.
Specifically, the Plan envisions the creative and innovative use of current and emerging development
trends and design practices.
To support the design of the proposed plat and meet the current development trends, the applicant is
proposing to develop the property under the guidelines of a planned unit development (PUD). Staff
believes the residential subdivision should emphasize the pedestrian environment and community
connectivity through the integration of street networks, attractive streetscapes and landscaping, access
to transit and accessibility to common open spaces.
Staff has identified the applicable Comprehensive Plan policies that support the proposed
development and many of the design concepts noted above (staff analysis in italics; comp, plan
reference in parenthesis):
"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 applicant is proposing to develop a mixed use residential development consisting
rnew/alley-load homes and traditional single family homes atgross densities similar to the
adjacent subdivisions.
® "Provide housing options close to employment and shopping centers." (3.07.02D)
The proposed development will provide housing opportunities in close proximity to the
existing shopping centers along the Eagle and Fairvleiv corridors.
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 4
EXHIBIT A
® "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 N. Locust Grove Road and E. Ustick Road
in accord ivith the standards listed in UDC 11 -3B -7C as shorwrn on the landscape plan. The
internal blocks will have housing that fronts on rnerws and the internal blocks ivill also have
8 -foot ivide parkivays to provide an attractive streetscape.
All signage and fencing must be in compliance with the standards listed in UDC 11-3D-5 and
11-3A-7 respectively.
® "Require common area in all subdivisions." (3,07.02F)
The applicant is required to provide a Mirnimum of 10% qualified open space as setforth in
UDC 11-3G-3. The proposedplat depicts 15.3% (or 3,32 acres) of qutalifted open space. The
proposed subdivision is in compliance ivith the comrnorn open space requirement,
® "Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City." (3.01,0117)
City services are required to be extended to the properties upon development in accord with
UDC 11-3A-21. Since the existing home and the secondary divellirng on Lot 25, Block 6lvill
remain as part of the project; they must be connected to cio) services upon annexation of the
property.
® "Require new development for appropriate opportunities to connect local roads and collectors
to adjacent properties." (3,03,020)
With the developluent of the Wanda's Meadows and Quenzer Commons Subdivisions, the City
required a stub street from each development (north and south boumdar )) that will be
extended with the construction of the subdivision. In the northern half of the proposed
development, the applicant is stubbing a street to the Ada Coznno3 parcels on the west and
east boundary for futture connectivity,
® "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity." (3.07,02C)
Interconnected ivallm,ays are proposed within the inert, lots and a combination of 5.foot ivide
attached and detached sidewalks is proposed along the local and arterial streets that
enhances pedestrian connectivity in the area.
® "Restrict private curb cuts and access points on collectors and arterial streets." (3.06,02D)
The existing dwellings on Lot 25, Block 6 have an access to E. Ustick Road Ihith the
development of the subdivision, access to the dwellings should be provided from the internal
street, E. Spring Place Street, in accord with UDC 11-3A-3.
® "Work with transportation agencies and private property owners to preserve transportation
corridors, fixture transit routes and infrastructure, road and highway extensions and to
facilitate access management plamiing." (3,01,01J)
Currently, ACHD has corrinuenced with the re -construction of the Ustick/Locust Grove
intersection. The applicant is coordinated closely u4th the transportation department on the
subdivision improvements (e.g. landscaping, irrigation, ivater and server extensions).
• "Coordinate with transportation agencies to ensure provisions of services and transit
development," (6.02.021-1)
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 5
EXHIBIT A
TVRT has a transit route planned along the Ustick Road Corridor nvhich nnay be supported by
the proposed development
a "Elevate quality of design for houses and apartments; evaluate the need for design review
guidelines for single-family homes." (3.07.020)
Because the applicant is proposing a planned unit development, rrnore details are required to
support the design of the project. One o f the requirements is placing a greater emphasis on
the design of the plat, the architectural ennbellishntents o f the homes and the placement of the
structures on the lots. As part of this application the applicant has submitted a detail list of
the design features of the homes, sample elevations and an exhibit shoivirng hone the homes
74ll be oriented toiwards the street 114th varying setbacks. Staff is of the opinion that the
design of the plat and the design features of the homes support many of the design guidelines
in the Design Manual.
For the above stated reasons, staff finds the proposed project is consistent with the goals and
objectives in the Comprehensive Plan,
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of the Zone(s): (R-15 zone) - The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan.
Residential districts are distinguished by the allowable density of dwelling units per acre and
corresponding housing types that can be accommodated within the density range.
B. Schedule of Use: Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C),
and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a
prohibited use is prohibited.
C. Dimensional Standards: The lots in the proposed preliminary plats appear to conform to the
dimensional standards of the applicable district. Development of the site shall comply with the
dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district.
D. Landscaping:
e Street buffer landscaping shall be installed in accordance with the standards listed in UDC
Table 11-2A-7 and UDC 11 -3B -7C for the R-15 zoning district.
o The proposed micropaths shall comply with the design standards in accord with UDC 11-3A-
8 and UDC 11-3B-12.
® The 8 -foot wide parkways proposed along the local streets are required to comply with the
design standards outlined in UDC 11-3A-17 and UDC 11 -3B -7C.
® Per UDC 11-3G-3, the plat is required to provide 10 percent open space and two (2)
amenities.
E. Subdivision Design and Improvement Standards: The subdivision must comply with the
subdivision design standards outlined in UDC 11-6C-3.
F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single-
family dwellings. The traditional family lots are required to comply nvith the parking standards.
The reit, lots and the alley loaded lots are not required to provide the required parking pads in
fr0771 of the garages. The applicant is proposing a single parking stall between the horrnes that
access off of the alley through a platted easennent. The purpose of this parking and hotiv it would
function imuld be controlled through the subdivision OCR's.
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14.001 and MDA -14-001
PAGE 6
EXHIBIT A
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Annexation (AZ): The applicant is requesting to annex approximately) ,49 acres from the RUT
zoning district in Ada County to the R-15 (Medium High-density Residential) zoning district,
Currently, the property is developed with two dwellings and several outbuildings that will remain
with the development of the subdivision. The applicant is requesting the R-15 zone so that the
zoning is consistent throughout the Heritage Grove development.
The annexation legal description and exhibit map submitted by the applicant, included in Exhibit
C, shows the boundary of the property proposed to be annexed and zoned contiguous to the
existing boundary of the City of Meridian and within the approved Area of City Impact boundary.
Development Agreement Modification (MDA): At the time of annexation approval in 2008
(Chalet Marseilles), the two larger parcels were approved to develop with 120 multi -family units.
Now that multi -family is no longer desired for the property and a single family residential
development is proposed, the applicant is requesting to replace the existing development
agreement (instrument #108065962) with a new one. (see Exhibit B for the new DA provisions)
Planned Unit Development (PUD): The applicant is requesting approval of a PUD for
deviations from the R-15 district requirements pertaining to building setbacks for the alley and
mew lots internal to the proposed development (Blocks 3-5 and 10-12). The perimeter lots within
the proposed development are not proposed for modification and must comply with the R-15
dimensional standards in the UDC, All of the proposed lots exceed the lot size requirements
(2,400 square feet) of the R-15 district.
Per UDC 11-7-1, the purpose of the PUD requirements is to provide an opportunity for exemplary
site development that meets the following objectives:
1. Preserves natural, scenic and historic features of major importance. The applicant is
proposing to preserve the heritage of the Johnson Family that Inas farmed the property) for
over 50 years, A monrarrentpaying homage to the Johnson family will be placed in the larger
mew lot;
2, Allows for innovative design that creates visually pleasing and cohesive patterns of
development. Reducing dimensional standards as requested will allow for• an innovative plat
design which incorporates shorter block lengths, higher density, variedfr•ont setbacks,
attractive streetscape and increased open space not opically seen in marry traditional
subdivisions; and
3. Creates functionally integrated development that allows for a more efficient and cost
effective provision of public services. More dense subdivisions such as proposed, along iwith
proposed design features allorw for a more efficient and cost effective provision ofprrblic
services.
For these reasons, Staff believes that the proposed development meets the objectives of the PUD
requirements stated above.
Per the UDC, Council may approve PUD's, upon recommendation by the Commission, in accord
with the standards listed in UDC 11-7-4 as follows:
Deviations from underlying district requirements: Deviations from the development standards
and/or area requirements of the district in accord with Chapter 2 DISTRICT REGULATIONS of this
Title may be approved. The exception is that along the periphery of the planned development, the
applicable setbacks as established by the district shall not be reduced.
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 7
EXHIBIT A
1, Allowed uses: Applicant may request that specific conditional or accessory use(s)
allowed in the district be allowed as principal permitted use(s). NA, The applicant
has not requested a use exception with the PUD application.
2. The uses within the planned trait development are interconnected through a system of
roadways and/or pathways as appropriate, Private streets and service drives may be
permitted, if designed and constructed to the Transportation Authority standards and
in accord with Chapter 3 Article F. PRIVATE STREETS of this Title. The proposed
developmrent has been designed with short block lengths for raalkabilio, and
interconnectii)hj> with the adjacent residential subdivisions, Further, all internal
roadways and alleys are proposed to be public subject to City and ACHD approval.
3. Buildings shall be clustered to preserve scenic or environmentally sensitive areas in
the natural state, or to consolidate small open spaces into larger, more usable areas
for common use and enjoyment, The reduced setbacks requested by the applicant will
allow the clustering of horses around a rnew therefore allora ing for more useable
opera space area.
Staff has mi,iewed these standards and found the der�elopmsent complies with all of there.
The applicant is requesting reductions to the minimum dimensional requirements in the R-15
district as follows:
Heritage Grove Proposed Setbacks
*Measured from back of sidewalk
""Measured from the property line
Street setback"
Living
5'
Garage
NA
Alley and Mew setback"
Mew
5'
Living
2'
Garage
2'
Side setback
5'
Rear setback
NA
Stnffhas reviewed the requested reductions to the R -I5 dimensional standards and because of the
rnew design concept, clustering, amount of open space and interconnected pedestrian systems
proposed, staff is supportive of the applicant's request,
Design: The primary land design concept used to create this development is the use of open space
mews, The mew concept uses the traditional neighborhood concepts which allow a more
clustered development with shorter block lengths, varied front setbacks, tree -lined streets and
increased useable open space to break up straight rows of houses that are common in more
traditional subdivisions. The deviation from the required setbacks does the following:
0 eliminates the view of the garage from the street,
Heritage Grove Sttbdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 8
EXHIBIT A
• places more emphasis on front porches allowing a variety of setbacks and sitting areas
where people can interact and gather and creates a more pedestrian friendly environment,
® would allow living space over the garages off of the alley, and
® allows a single parking stall between the units accessing the alley.
As mentioned above, the PUD standards state that buildings shall be clustered to preserve scenic
or environmentally sensitive areas in the natural state, or to consolidate small open spaces into
larger, more usable areas for common use and enjoyment. Also, uses within the PUD should be
interconnected through a system of roadways and/or pathways as appropriate. Staff believes that
the design of this site complies with these standards.
Design Concepts and Building Elevations: The applicant has submitted design criteria, lot fit
map and sample elevations for the Heritage Grove Subdivision. The supporting documents
include the details of design concepts for the subdivision, architectural elements of the different
housing types and dimensional standards for the development. Staff has reviewed these
guidelines and found them to represent a unique and innovative residential development. Future
homes constructed within the subdivision will be required to comply with the submitted
materials. (see Exhibit A.6)
Preliminary Plat (PP): The proposed preliminary plat consists of 121 single family residential
lots and 19 common lots on approximately 21.71 acres of land in an existing and proposed R-15
zoning district. Lot sizes range between 3,082 and 27,234 square feet respectively. The proposed
gross density of the subdivision is 5.57 dwelling units per acre which is consistent with both the
density requirements of the comprehensive plan and the R-15 zoning district.
Dimensional Standards: All of the proposed lots must comply with the dimensional standards
established in the UDC Table 11-2A-7. The proposed plat complies with the frontage
requirements and minimum lot sizes of the UDC. All perimeter lots will remain subject to the
dimensional standards set forth in UDC Table 11-2A-7,
Phasing Plan: The applicant is proposing to develop the subdivision in four (4) phases. The first
two (2) phases are to commence on the northwest corner of the intersection and the last two (2)
phases will consume the northern half of the development. Currently ACHD has commenced with
Ustick/Locust Grove intersection project. The applicant is coordinating with ACHD for the
Subdivision improvements along the adjacent roadways to ensure the necessary infrastructure is
in place to serve the proposed development. Further, this roadway project has necessitated the
need to connect the existing dwellings on Lot 25, Block 6 to City water and sewer and close the
existing dwellings access to E. Ustick Road. In general staff is supportive of the proposed
phasing plan however, staff recommends the applicant include Lot 25, Block 6 and complete
all of the landscape improvements adjacent to E. Ustick Road and N. Locust Grove Road
with the first phase of development.
Street Network: UDC 11-3A-3 limits access points to collector and arterial roadways. Currently,
the existing dwellings on Lot 25, Block 6 (Trail property) have an access to E. Ustick Road. On
the submitted plat, a common lot (Lot 23, Block 6) prohibits the Trail property from
accessing E. Spring Place Street. Staff recommends the existing home (Lot 25, Block 6) be
included in the first phase of development and Lot 23, Block 6 should be incorporated as
part of the Lot 25, Block 6 so the lot has frontage on the local street. Since the existing
homes will no longer have access to E. Ustick Road, the property owner will have to
coordinate with the City's Addressing Specialist and obtain a new street address from one
of the adjacent local streets.
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 9
EXHIBIT A
The main access to the development is proposed from N. Locust Grove Road. The internal street
layout provides adequate internal connectivity and extends existing stubs streets from the north
and south boundary. In addition, E. Prairefire Street, located in the north half of the development,
is proposed to stub to the Ada County parcels abutting the west and east boundary. For the
homes along the internal blocks, access will be provided from public alleys. If the applicant
includes Lot 25, block 6 with the first phase of development, staff is supportive of the proposed
street layout.
Off-street Parking: As mentioned above in section 9, staff is not requiring the parking pads in
front of the garages of the mew and alley loaded lots to support the unique design of the project.
In the applicant's narrative, it's stated that concrete pads are proposed off the alley between the
homes to possibly allow for additional parking. Staff has concerns with how the parking would
function given the applicant is not proposing a modification to the 5 -foot side yard setback. Based
on this dimension, the homes would have 10 feet of separation which tecluiically meets the
dimensional standards for a parking stall but it does take into account the placement of any
utilities. If overflow parking is desired for the development, staff recommends the applicant
construct overflow parking adjacent to the mew lots or provide a plan that demonstrates how the
parking would function. The parking stalls must comply with the UDC dimensional standards.
Existing Structures: As mentioned above, ACHD is currently re -constructing the Ustick/Locust
Grove intersection. The existing residence and outbuildings near that intersection will be removed
in conjunction with the roadway project and with the development of the property. Whatever
structures are not removed as part of the roadway project must be removed with the development
of the first phase of the subdivision.
As mentioned above, the existing dwellings (primary and secondary) and the outbuildings on Lot
25, Block 6 will remain as part of the development. To staff s knowledge ACRD is connecting
the dwellings to municipal services. Staff has contacted Ada County Development Services to
verify if the secondary dwelling on the property had Ada County approval. At one time the
property did receive approval for temporary living quarters but subsequent approvals were not
granted by the County for the dwelling to remain.
Typically, the City does not annex property with County violations. Staff has evaluated the
secondary dwelling standards set forth in UDC 11-4-3-12 to determine if the secondary dwelling
would be in violation of the City's ordinance. In reviewing this section of the ordinance it appears
the secondary dwelling would meet the criteria set forth in the UDC as far as the placement on the
property and the design and size of the structure.
Additionally, the two (2) existing outbuildings appear to encroach into the required 5 -foot side
yard setback. Under the UDC these structures would be defined as non -conforming and could
remain on the property provided any new modifications and/or additions to the structures
conform to the requirements of the R-15 district as set forth in UDC 11-113-5.
Micropaths: The applicant is proposing multiple pedestrian connections to provide connection to
the mew lots. In reviewing the submitted plan all of the micropath lots and pedestrian connections
comply with the standards set forth in UDC 11-3A-8 and UDC 11-313-12.
Landscaping Requirements
Open Space/Amenities: UDC 11-3G-3 requires a minimum of ten percent open space for all
residential developments exceeding five acres. The UDC also requires one additional site amenity
for each additional 20 acres of development area. Using this standard, the applicant is required to
provide a total of two (2) amenities for a development of this size.
The applicant is proposing 3.32 acres of common open space with this development which equals
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 10
EXHIBIT A
approximately 15,3% of the total development area, Qualifying open space consists of 50% of the
arterial street buffers and 10 -foot wide parkways adjacent to the arterial streets, two (2) mew lots,
several micropath lots and 8 -foot parkways adjacent to the local streets for the internal blocks.
The proposed amenities include the following:
l) Clubhouse — The applicant has verbally committed to the addition of the clubhouse
amenity after the application submittal. Since the location and design are not part of the
application submittal, staff recommends the applicant submit details of this amenity
prior to the Commission hearing;
2) (2) picnic areas in the mews and;
3) 5% additional open space
Based on the analysis above, staff finds the proposed subdivision complies with the open space
and site amenity requirements in the UDC,
Arterials: UDC 11-2A-7 requires a 25 -foot wide street buffer along Ustick Road and Locust
Grove Road. On the submitted landscape plan the applicant is proposing to construct a 35 -foot
wide landscape buffer adjacent to Ustick Road and a 32 -foot wide landscape buffer is proposed
adjacent to Locust Grove Road.
The submitted landscape plan does not depict any landscape improvements on the Trail property
(Lot 25, Block 6). Typically, the UDC would require the applicant to plat a common lot across
the front of the buildable lot which is to be owned and maintained by the home owner's
association, In this particular case, this lot and block will not be part of the CCR's for the
subdivision however; staff believes the applicant should install a berm and landscaping across the
front of the Trail property to have a consistent landscape buffer with the Heritage Grove
development,
The applicant has worked with ACRD on the design of the landscape buffer adjacent to E. Ustick
Road, The submitted preliminary plat shows a 10 -foot wide parkway between the curb and the 5 -
foot wide detached sidewalk and additional 21 feet from the back of the new sidewalk and the
existing residence that could be landscaped consistent with the proposed landscape buffer. To off-
set the requirement for the platted common lot across the Trail property, the applicant will have to
submit an alternative compliance application with the first phase of a filial plat, and request the
landscape buffer be depicted as permanent landscape easement rather than a common lot. Staff
recommends the applicant construct a 25 -foot wide landscape buffer in front of Lot 25,
Block 6 that matches the rest of the street buffer along E. Ustick Road.
Fencing: The applicant is proposing 6 -foot privacy fencing along the perimeter of the project.
The UDC does not require fencing except for areas that are adjacent to micro -paths. The
developer is required to construct fencing adjacent to micro -path connections to distinguish
common from private areas. Fencing adjacent to micro -paths and interior common open space
(mew lots) is limited to 4 -feet in height if closed vision fencing is used or open vision fencing up
to 6 -feet in height is allowed as it provides visibility from adjacent homes or buildings, per UDC
11 -3A -7A.7. A detailed fencing plan should be submitted upon application of the final plat. If
permanent fencing is not proposed along the boundary of the subdivision, the applicant is
required to construct temporary fencing to contain debris during construction prior to issuance of
any building permits on the site.
Existing Trees: There are existing trees on the property that may need to be removed with the
development of the property, The applicant should protect all existing trees on the site that are
greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-
10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 11
EXHIBIT A
from the site with equal replacement of the total calipers lost on site up to an amount of 100%
replacement,
The applicant has stated in his narrative that street trees will be placed on the traditional lots
similar to what is proposed for the 8 -foot parkways adjacent to the alley and mew lots, Since the
applicant must coordinate with the City Arborist on the replacement of the trees, staff is of the
opinion that the trees planted on these lots would off -set the caliper inches proposed for removal.
With the submittal of the final plat the applicant should submit a revised landscape plan
that depicts the number of trees on the traditional lots and details the mitigation plan
outlined by the developer and the City Arborist.
Parkways: 8 -foot wide parkways are proposed adjacent to the internal alley/mew lots and a
center median is proposed within E. Heritage Grove Drive. The parkways and the center medians
must comply with the standards set forth in UDC 11-3A-17 and UDC 11 -3B -7C.
Sidewalks: Sidewalks are required along all public streets, 5 -foot wide detached sidewalks are
required adjacent to alley and mew lots and E. Ustick Road and N. Locust Grove Road as
proposed,
Ditches, Laterals, and Canals: Per UDC 11-3A-6, all irrigation ditches, laterals or canals,
exclusive of natural waterways and waterways being used as amenities, which intersect, cross or
lie within the area being subdivided shall be covered.
Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water, The Applicant should be required to utilize any existing
surface or well water for the primary source. If a surface or well source is not available, a single -
point connection to the culinary water system shall be required. If a single -point connection is
utilized, the developer will be responsible for the payment of assessments for the common areas
prior to development plan approval. An underground, pressurized irrigation system should be
installed to all landscape areas per the approved specifications and in accordance with UDC 11-
3A-15 and MCC 9-1-28,
ha swninai)� Staff reconnnends approval of the proposed application request 114th the
reconanaended conditions listed in Exhibit B of this report in accord with the findings containedin
Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity Map
2, Proposed Preliminary Plats (dated: 01/21/14)
3, Proposed Phasing Plan
4. Proposed Landscape Plan (dated: 01/20/14)
5. Proposed Open Space Exhibit (dated: 01/20/14)
6. Proposed Amenities
7. Proposed Building Elevations and List of Proposed Design Features
B. Conditions of Approval
C. Legal Description and Exhibit Map for Annexation
D. Required Findings from Unified Development Code
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 12
EXHIBIT
2. Proposed Preliminary Plat (dated: 01/21/14)
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Heritage Grove Subdivision— AZ -14.003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 19
EXHIBIT
3. Proposed Phasing Plan
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Heritage Grove Subdivision —AZ-14-003;PUD-14-001;PP-14-001 and MDA -14-001
PAGE 20
EXHIBIT
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Heritage Grove Subdivision— AZ-14-003;PUD-14-001;PP-14-001 and MDA -14-001
PAGE 21
EXHIBIT
S. Proposed Open Space Exhibit (dated: 01/20/14)
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Heritage Grove Subdivision —AZ-14-003;PUD-14-001;PP-14-001 and MDA -14-001
PAGE 21
EXHIBIT A
6. Proposed Amenities
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communfty
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 22
EXHIBIT A
Typical Picnic Area
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 23
EXHIBIT A
7. Proposed Building Elevations and List of Proposed Design Features
Heritage Grove will be an interesting and livable neighborhood of lasting value. We will achieve this
through Uie use of a variety.oi traditional neighborlood design elements including colors, textures,
materials, architectural styles; roof pitch, placement of living -space near sidewalks, and through artful
landscaping; some other elements we will draw from include, but:not be limited to, masonry (stone,
brick, or stucco), board and batten, cottage lap, plank, shingle siding, varied rooflines, as well pop -Outs
and breaks.in elevations and porches. Our plan is in compliance with the design principles outlined in
Meridian's Residential Design Guidelines, The following photos provide a sampling of our vision.
usj.. _ ..
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 24
This Lot Fit Map is representative and conceptual in nature. House footprints and /
-�--s®t-baek- wilF-vaFy--f�e►ese---d®gist®d-hers.—'Ft►is-is-not-the---eft'icial--landscape---plan
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 25
EXHIBIT A
Materials design elements that will help us achieve the unlaue neighborhood we envision include:
Variety of textures
Warm palette of Colors
Covered porches
Courtyards (side and front)
Balcony
Corbels
Brick
Stucco
Stone
Board and batten
Shutters
Trellis
Double step fascia
Cottage lap, Lap, Shake Siding
Arched windows
Dormer windows
Transom windows
Bay windows
Columns
Dentils
Exposed Rafters
Gables roof
Hipped roof
Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 26
EXHIBIT A
EXHIBIT B — CONDITONS OF APPROVAL
1. PLANNING DI';PARTAIENT
1.1 Annexation Comments
1,1.1 A new development agreement (DA) replacing existing DA #108065962 is required as part of the
project approval, Prior to the annexation ordinance approval, a new DA shall be entered into
between the City of Meridian and the property owners at the time of annexation adoption. A final
plat application will not be accepted until the DA is recorded. 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 approval, The
DA shall, at minimum, incorporate the following provisions;
A. The applicant shall comply with the submitted home elevations and design features attached in
Exhibit A.7. A mix of materials and architectural details as represented in the 'attached
elevations shall be incorporated on the rear facades that face E. Ustick Road and N. Locust
Grove Road (Lots 3-21, Block 6),
B. Development of this site shall substantially comply with the preliminary plat and landscape
plan in Exhibit A.
C. The landscape buffers adjacent to E. Ustick Road and N. Locust Grove Road,
excluding the Trail property, shall be constructed as shown on the submitted landscape plan
with the first phase of development.
D. The applicant shall comply with all City ordinances in effect at the time of final plat submittal.
1.2 Preliminary Plat - Site Specific Conditions of Approval
1.2.1 The preliminary plat shall be revised as follows:
a. Lot 25, Block 6 must be included as a lot and block with the first second phase of
development.
b. The street buffer on Lot 25, Block 6 may be in an easement rather than a common lot. An
alternative compliance application must be submitted with the first second final plat
application.
c. Direct lot access shall be prohibited to E. Ustick Road and N. Locust Grove Road in accord
with UDC 11-3A-3. With the fast second phase of development, access for Lot 25, Block 6
shall be provided internally within the subdivision via E. Spring Place Street. Lot 23, Block 6
shall be incorporated as part of the Lot 25, Block 6 so the lot has frontage on the IocaI
street.
d. As testified and agreed to by the applicant at the public hearing; Lots 26-35, Block 6 shall be
restricted to single story homes. A note shall be added to the final plat identifying the single
story restriction on the specified lots.
1.2.2 The landscape plan attached in Exhibit A.4 is approved as follows:
a, The applicant shall substantially comply with the open space exhibit attached in Exhibit A.S.
b. The landscape plan shall be revised to include 25 -foot wide street buffer along the front of
Lot 25, Block 6 that complements the street buffer along E. Ustick Road.
c, The applicant shall substantial comply with the submitted landscape plan attached as Exhibit
A.4. The applicant shall comply with proposed open space and site amenities represented on
the submitted landscape plan, Details of #joa pienie aveas and the ,.l,,b house shall be
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 27
EXHIBIT A
provided Prior to to � ssionheafiw- The applicant shall construct the picnic areas and
clubhouse as proposed in Exhibit A.6.
d. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the
applicant is responsible for fencing micropaths to distinguish the common areas from the
private areas. Where the buildable lots abut internal common lots fencing must either be 4 -
foot solid or 6 -foot open vision. A detailed fencing plan must be submitted with each final
plat application.
e. Per UDC 11-3B-10, the.applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the existing trees
on site. Submit a revised landscape plan that depicts the number of trees proposed to be
planted on the traditional lots.
f. Landscape the center median in E. Heritage Grove Drive as proposed and enter into a license
agreement with ACRD.
g. All micropath lots shall be constructed in accord with the standards set forth in UDC 11-3A-8
and UDC 11-3B-12.
h. The pond proposed within Lot 2, Block 1 must comply with the standards set forth in UDC
11 -3G -3G -3B.8.
i. Install the landscape buffers adjacent arterials streets as proposed.
1.2.3 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting,
crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless left open
as a water amenity or linear open space in accord with UDC 11 -3A -6A.2.
1.2.4 Provide the stub streets and internal street network as proposed on the plat.
1.2.5 Comply with all ACRD conditions of approval.
1.2.6 With the first phase of the final plat, the applicant must remove the any existing structures on
parcel 50531449315 and abandon any existing wells and septic systems prior to City Engineer's
signature on a final plat.
1.2.7 Once the existing dwellings on Lot 25, Block 6 no longer have access to E. Ustick Road with
the secondPhase; the property owner shall coordinate with the City's Addressing Specialist
and obtain a new street address from one of the adjacent local streets.
1.3 Planned Unit Development - Site Specific Conditions of Approval
1.3.1 All comments and conditions of the accompanying Annexation and Zoning (AZ -14-001)
application, associated Development Agreement and Preliminary Plat (PP -14-001) shall also be
considered conditions of the Planned Unit Development (PUD -14-001).
1.3.2 All structures shall substantially comply with the building elevations and design materials
submitted with this application included in Exhibit A.7 and approved with this application.
Further, the structures placed on the alley loaded lots shall provide variation in front setbacks
adjacent to the streets as represented by the exhibit attached in Exhibit A.7. This condition is
intended to avoid having all homes on the same plain along the adjacent sheets.
1.3.3 All alley loaded lots and mew lots shall be subject to the setbacks approved with the PUD as
follows:
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 28
EXHIBIT A
Heritage Grove Proposed Setbacks
*Measured from back of sidewalk
**Measured from the property line
Street setback*
Living
5'
Garage
NA
Alley and Mew setback**
Mew
5'
Living
2'
Garage
2'
Side setback
5'
Rear setback
NA
1.4 General Conditions of Approval
1.4.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC
11-2A-7, except as allowed under the planned unit development,
1.4.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set
forth in UDC 11-3A-6.
1.4,3 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-
15, UDC 11-3B-6 and MCC 9-1-28,
1.4.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.4,5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J.
1.4.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6
for single-family dwellings. The 20' X 20' parking pads are not required in front of the garages of
the alley and mew lots.
1.4.7 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313-
11 C,
1.4.8 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5
and 11-313-7C,
1.4,9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3,
including but not limited to alleys, driveways, easements, blocks, street buffers, and mailbox
placement,
1.4.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle,
1.5 Ongoing Conditions of Approval
1.5,1 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 11-313-5, UDC 11-313-13 and UDC 11-313-14.
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 29
EXHIBIT A
1.5.2 All common open space and site amenities shall be maintained by an owner's association as set
forth in UDC 11 -3G -3F1.
1.5.3 The project is subject to all current City of Meridian ordinances. Staff s failure to cite specific
ordinance provisions does not relieve the applicant of responsibility for compliance.
1.5.4 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.
1.5.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set
forth in UDC 11-3A-11.
1.5.6 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.
1.6 Process Conditions of Approval
1.6.1 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.
1.6.2 The applicant shall complete all improvements related to public life, safety, and health as set forth
in UDC I I -5C -3B. A surety agreement may be accepted for other improvements in accord with
UDC 11 -5C -3C,
1.6.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary
plats as set forth in UDC 11 -6B -3C2,
1.6.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the
City Engineer signature on a final plat within two years or 2) gain approval of a time extension as
set forth in UDC 11-6B-7.
1.6.5 The applicant shall obtain approval for all successive phases of the preliminary plat within two
years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B -
7B.
1.6.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A.
2. PUBLIC WORDS DEPARTMENT
2.1 SITE SPEciFic CONDITIONS Or APPROVAL
2.1.1 The current design location of the sanitary sewer and water mains across the Block 4, and Block
12 Mews does not comply with Meridian Public Works Standards. Specifically there would need
to be a 14 -foot wide all weather gravel road over the utilities per Standard Drawing No. G2.
Alternatively the applicant shall relocate the storm drainage facilities that are currently show in
the alleys to the Mews, and relocate the water mains to the alleys. The Public Works Department
is agreeable to this arrangement as long as no manholes are located within the Mews.
2.1.2 Due to the redevelopment potential of Lot 25, Block 6, the applicant shall be required to extend
an 8 -inch diameter sanitary sewer main stub in E. Springplace St. to the boundary of Lot 25,
Block 6. This stub can terminate with a t -type cleanout.
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001
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EXHIBIT A
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,
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 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.
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EXHIBIT A
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 engincer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project,
2.2,20 At the completion of the project, the applicant shall be responsible to submit record drawings
per the City of Meridian AutoCAD standards. These record drawings must be received and
approved prior to the issuance of a certification of occupancy for any structures within the
project.
2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer's expense, Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights,
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor's work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
2.2,22 The City of Meridian requires that the owner post to the City a performance surety in the amount
of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure
prior to final plat signature, This surety will be verified by a line item cost estimate provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Please contact Land Development Service for more information at 887-2211.
2,2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, water and reuse infrastructure for
duration of two ears, 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.
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 32
M:�:7 C �III_1
3. POLICE DEPARTMENT
3.1 The Police Department has no concerns related to this application,
4. FIRE DEPARTMENT
4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 %2" outlet face the main street or parking lot aisle.
b. The Fire hydrant 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 place 18" above finish grade.
g. Fire hydrants shall be provided to meet the requirements of the 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 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an
imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D
Section D103,6 Signs.
4.3 All entrance, internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius,
4.4 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 1FC 10-4-2J.
4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4.6 Fire lanes, streets and structures including the canopy height of mature trees shall have a vertical
clearance of 13'6" as set forth in International Fire Code Section 503.2,1.
4.7 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.
S. REPUBLIC SERVICES
5.1 The Republic Services has no concerns related to this application,
6. PARIcS DEPARTMENT
6.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-313-10,
7. ADA COUNTY HIGII\vAy DISTRICT
7.1. SITE SPECITIC COMMENTS
7.1.1 Provide $3,700 for the redesign costs associated with the modifications to ACHD's Ustick/Locust
Grove intersection project.
7.1.2 Provide a permanent right-of-way easement for the 5 -foot wide detached concrete sidewalks
located 10 -feet from the back of curb on Ustick and Locust Grove Roads.
7.1,3 Construct, Heritage Grove, onto Locust Grove Road located 125 -feet south of Summerheights
Drive and 640 -feet north of Ustick Road, as proposed,
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 33
EXHIBIT A
7.1.4 Construct the entry roadway, Heritage Grove Drive, with one 21 -foot travel lane, one 24 -foot
wide travel lane, an 8 -foot wide center land scape median vertical curb, glitter, an 8 -foot wide
planter strips, and 5 -foot wide detached concrete sidewalk within 67 -feet of right-of-way, as
proposed. Plat the center landscape island as right-of-way owned by ACHD. The applicant or the
home owners associate shall apply for a license agreement if landscaping is propose within the
median.
7.1.5 Construct the internal local streets as standard 36 -foot wide roadways with rolled curb, gutter, and
5 -foot wide attached concrete sidewalks on one side of the street; and an 8 -foot wide landscape
strip with 5 -foot wide detached concrete sidewalk on the other side of the street; within 50 -feet of
right-of-way. Provide an easement for the detached sidewalk.
7.1.6 Provide a permanent right-of-way easement for the detached sidewalks proposed on the internal
local streets.
7.1.7 The 90 -foot offset between north and south segments of Heritage View Way at Prairefire Street is
approved, as proposed.
7.1.8 If the City of Meridian approves the proposal for the alleys and the applicant is able to provide
written approval from the Meridian Fire Department and Ada County Emergency service
providers that they approve of the alley design and are able to access the lot without public street
frontage;and the applicant and City of Meridian are able to find a solution to addressing those
lots, then construct four 20 -foot wide east/west alleys public alleys within the site.
7.1.9 If the applicant is unable to resolve the addressing issue and provide written approval from both
emergency service providers then, the applicant should make one of the following modifications
to their site plan:
a. Reconfigure the lots that are proposed to front on the mew to provide public street (not just
alley) frontage;
b. Redesign the alleys to be private;
Or
c. Redesign the alleys to be 24 -foot wide minor local streets, without sidewalks.
7.1.10 Construct one stub street to the east, Prairefire Street, located approximately 130 -feet south of the
north property line, as proposed. Install a sign at the terminus of the stub streets stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.11 Construct one stub street to the west, Prairefire Street, located approximately 130 -feet south of
the north property line, as proposed. Install a sign at the terminus of the stub streets stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE."
7.1.12 Other than the access specifically approved with this application, direct lot access is prohibited to
Ustick and Locust Grove Roads and shall be noted on the final plat.
7.1.13. Payment of impacts fees are due prior to issuance of a building permit.
7.14 Comply with all Standard Conditions of Approval.
7.2 STANDARD CONDITIONS OF APPROVAL
7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way.
7.2,2 Private sewer or water systems are prohibited from being located within any ACRD roadway or
right-of-way.
Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 34
EXHIBIT A
7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
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 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.
7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
7.2.8 In accordance with District policy, 7203.6, 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.
7.2.9 Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
7.2.10 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.
7.2.11 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 the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from the Ada County Highway District.
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 by the applicant 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 the time unless a waiver/variance of said requirements or other legal relief is granted by
the ACHD Commission.
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 35
EXHIBIT A
C. Legal Description and Exhibit Map for the Annexation
ANNEXATION DESCRIPTION
A parcel located in the SF Y4 of the SE'/ of Section 31 jownship 4 North, Range 1 East,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a brass cap nlonunlent marking the southeasterly corner of said SE 1/4 of
the SE 'A from which a 5/8 inch diameter iron pin marking the southwesterly corder of
the SR 1/4 ofsaid Section 31;
Thence N 89147'06' W along the southerly boundnry of said SE '/ of the SE '/ a
distance of 662.30 feet to the POINT OF BEGINNING;
Thence conthuting N 89047'06" W a distance of 97.711 feet to a point on lite extension of
the easterly boundary of IVANDA'S dIRWOYV SUBDIVISION as shown in Boole 82 of
Plats at Page 9035 in the office of the Recorder, Ada County, Idaho;
Thence along said easterly boundary the following described coarses:
Thence leaving said southerly boundary N 0108'14" E a distnneo of 155.59 feet to it
5/8 inch diameter Iron pin;
ThenceN 8040'34" E a distance of 42.72 feet to a 5/8 inch diameter iron pin;
Thence N 0123124" E a distance of 416.15 feet to a 5/8 inch diameter Iron pin
marking rite northeasterly corner of said R4NOWS MEADOW SUBDIVISION;
Thence leaving said easterly boundary N 89147'06" W along the northerly boundary of
said IVANDII'S MMDOIV SUBDIVISION a distance of 567.58 feet to it 5/8 inch
diameter Iron pin marling the northwesterly corner of said RANDA'S MEADOW*
SUBDITINION said point also being on the westerly boundary of said SE % of the SE %;
'!'hence leaving said northerly boundary N 0137'07" E along said westerly boundary n
distance of 9.84 feet to a point;
Thence leaving sold westerly boundary S 89146116" L n distance of 661.76 feet to n
point;
Thence S 0034'10" W a distance of 623.68 feet to the POINT OI' BEGINNING.
This parcel contains 1.49 feet and is snb)ect to ally ensements existing or In use.
Prepared by; Glenn K. Bennett, PLS
Civil SurToy Consultants, Incorporated
January 21, 2014
Heritage Grove Subdivision— AZ -14.003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 36
EXHIBIT A
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Heritage Grove Subdivision-- AZ -14.003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 37
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 applicant is proposing to annex and zone approximately 1.49 acres of the subject
property to the R-15 zoning district. The Council finds that the proposed map amendment is
generally consistent with the MDR FLUM designation for this property. The Council finds
the amendment is consistent with the applicable provisions of the Comprehensive Plan (see
section VII above).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The Council finds that the proposed map amendment to the R-15 zoning district is consistent
with the purpose statements of and residential districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The Council finds that the proposed zoning amendment will not be detrimental to the public
health, safety, or welfare. City utilities will be extended at the expense of the applicant. The
Council considered all oral and written testimony provided to determine this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The Council finds that the proposed zoning amendment will not result in any adverse impact
upon the deliveryof services by any political subdivision providing services to this site.
e. The annexation is in the best of interest of the City (UDC 11-513-3.E).
The Council finds the annexation of these properties with the R-15 zoning district is in the
best interest of the City if the applicant enters into a new development agreement and adheres
to the recommended development agreement provisions in Exhibit B.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short
plat, the decision-making body shall make the following findings:
a. The plat is in conformance with the Comprehensive Plan;
The Council finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report ,for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
The Council finds that public services will be provided to the subject property upon
development. (See Exhibit B of the Staff Report for more details from public service
Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 38
EXHIBIT A
providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because City water and sewer and any other utilities will be provided by the development
at their own cost, the Council finds that the subdivision will not require the expenditure
of capital improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
The Council relied upon comments from the public service providers (i.e., Police, Fire,
ACRD, etc.) to determine this finding. (See Exhibit B for more detail.)
e. The development will not be detrimental to the public health, safety or general
welfare; and
The Council is not aware of any health, safety, or environmental problems associated
with the platting of this property. ACRD consider road safety issues in their analysis.
The Council considered all public testimony presented to determine whether or not the
proposed subdivision may cause health, safety or environmental problems.
f. The development preserves significant natural, scenic or historic features.
The Council is unaware of any natural, scenic or historic features on this site. Therefore,
the Council finds that the proposed development will not result in the destruction, loss or
damage of any natural, scenic or historic feature(s) of major importance. The Council
referenced all public testimony presented to determine whether or not the proposed
development may destroy or damage a natural or scenic feature(s) of major importance.
3. Planned Unit Development Findings;
In order to grant a planned unit development request, the Council shall make the following
findings:
a. The planned unit development demonstrates exceptional high quality in site design
through the provision of cohesive, continuous, visually related and functionally
linked patterns of development, street and pathway layout, and building design.
The Council finds that the proposed PUD demonstrates high quality site design which
incorporates shorter block lengths, higher density, varied front setbacks, attractive
streetscape and increased useable open space not typically seen in many traditional
subdivisions.
b. The planned unit development preserves the significant natural, scenic and/or
historic features.
The Council finds the design of the PUD preserves a historic feature on this site by
preserving the heritage of the Johnson Family that has farmed the property for over 50
years by placing a monument paying homage to the Johnson family in the larger mew lot.
c. The arrangement of uses and/or structures in the development does not cause
damage, hazard, or nuisance to persons or property in tine vicinity.
The Council finds that this development as proposed should not cause damage, hazard, or
nuisance to persons or property in this vicinity. The Council relied upon comments from
the public to determine this finding.
d. The internal street, bike and pedestrian circulation system is designed for the
Heritage Grove Subdivision— AZ -14-003; PUD -14001; PP -14-001 and MDA -14-001
PAGE 39
EXHIBIT A
efficient and safe flow of vehicles, bicyclists and pedestrians without having a
disruptive influence upon the activities and functions contained within the
development, nor place and undue burden upon existing transportation and other
public services in the surrounding area.
The Council finds that the proposed pathway system and sidewalks within the
development are designed to provide recreational access to amenities and uses within the
subdivision without conflicting with vehicular traffic.
e. Community facilities, such as a park, recreational, and dedicated open space areas
are functionally related and accessible to all dwelling units via pedestrian and/or
bicycle pathways.
The Council finds that the mew lots will provide recreational opportunities that are
accessible by the Riture residents via numerous walkways.
f. The proposal complies with the density and use standards requirements in accord
with Chapter 2, "District Regulations", of this title.
The Council finds the proposed development complies with the density and uses allowed
in the R-15 zoning district.
g. The amenities provided are appropriate in number and scale to the proposed
development.
The Council finds the chub house; the picnic areas and the additional 5 percent open
space are adequate to serve the proposed development.
h. The planned unit development is in conformance with the comprehensive plan.
The Council finds the proposed development is in conformance with the comprehensive
plan. Please see Comprehensh,e Plan Policies and Goals, Section V11, of the Staff Report
for more information.
Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001
PAGE 40