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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) PRELIMINARY PLAT OF HERITAGE GROVE -.SUBDIVISION A; I Ul E'l T__ 0 r :.,N w i w; qgq . .... ...... - - ----- J 1 A '6klt I i LOCATION MAP WOrUD jj T 1- 7, /* NOTES u RUBF 55p- 21 w KOZA�*R @�M X - sic Heritage Grove Subdivision— AZ -14.003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 19 EXHIBIT 3. Proposed Phasing Plan PRELIMINARY PLAT OF HERITAGE GROVE SUBDIVISION PHASING PLAN 'J"g-o' I TEll UFA '0101- loan El ll allf Iola alam P. cl er V A wr P IS 14 .worn... Id 01 10 7 E! 13 tp allpal Bel 1116111111161111111011 El –Y 4 — 71 1 �5 jj hull mini 0Ill A temporary la enter only —Aral lie 19f�m is to Ill 26 pir go mf 0�w 4 � I 4 11 10 to Il to is .11eW f q1t of"94, papa - arpuJujam I Art —F—T ,� 1 f 1 � a V, 9 1 Heritage Grove Subdivision —AZ-14-003;PUD-14-001;PP-14-001 and MDA -14-001 PAGE 20 EXHIBIT 4. Proposed Landscape Plan (dated: 01/20/14) rltelecAtNw IM�� arm IMOMME ion Kim ices ltee,art Fitt Vera 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) OPEN SPACE LOTS GRASS STRIPS 44.1M A�QWED r..4r.+-- 4 — t. q VL" LOT MEA I mkmta ll�EA a, CA.S wr mwm Was 3-5 a, X 15 97 ir 351 7 672 , — .., —11 — 1-1. 11776 4< X 707 Lr i 2 14M �Na 14M a, Ca -ss SUP rROT114 m�-JECM I 5 ces .0 M a, CPA." STHP MGM, suwatmws 7 X IC4 LF go N 12 6010 1� I.G 1905 a, G�s SIM? mo",(t SLVI b 110 V M 2 3 10 1�65 10. CIAsl MP rWOND iw (44 IF "401 111jill 13 r10 i� 4 6 31P.n 1.0 31062 �,,jj 1 58 [ U 31, 6 10 WI — j 24M7 015 R12218 7 1857 1.0 1867 SUMMARY 4 6 22 2333 L0 4— 6 24 1351 1.0 1228 7 6 1 1 4 3 2 59, 6 33 1994 -a- I 1594 j$121 j$121 j6121 3o)2 6,16 0 1 E47 110 .11 cot 10 1 SU61.11L - LANVS�M H 1 47'x'�, — - GO',., �'i 6JU2 WX I . '.. I 1114 112 'L Rl a;ll. (21.11 AMM E45 5951-TZ12 1 10, 1 1.0 �Trll 12. 945 N lOTs 151% 41 EI FL 6 57x2 4 2e,5 s pol W 326 20, 1 35 !2 6P b126 '029 10 81 00K 7 3716 4716 1176 4031 Jr T E. 4sla � 20' j27 gz J582 L3, 112 "'T 28 5 < 4936 Lr-GEND Jest ip W Cclx� VOCNILX 13 2 9 is— z it 10 7 0 26 joe 0 (2) WITT Cf WAY 0 50 Ino 200 1 698 ,256 tor tr� [srl SCPLEt1*=IW 1 0 00 MIDU AWA VUSE LaT '65t;t. 6121 J, 21 5 CVAVrU MFA LS LOT 7234 r 544 d OK in NCP CE ST u mmq� mm Lor I I -T ows sm� I F-' 0 21 I 20 I 19 I 18 11 16 1 is 14 13 V 0 46 6745 1 17 6144 5141 574 671157,1 t,27 E USTICK R Heritage Grove Subdivision —AZ-14-003;PUD-14-001;PP-14-001 and MDA -14-001 PAGE 21 EXHIBIT A 6. Proposed Amenities Cconcsptud dubhouse 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 PAGE 30 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. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 31 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 PRD O 0 614.01'Ij o+ � by b O O ! o q h) 4 tri p �c � d Y£L101V PEAK Z AV£NUC l4" E 15 5J' N 02324' E 416.15 W 149AORES °V S 0'34'10" {Y 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