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PZ - Staff Report1 Charlene Way From:Jon Breckon <jbreckon@breckonld.com> Sent:Monday, June 18, 2018 4:30 PM To:Sonya Allen; C.Jay Coles; Charlene Way; Chris Johnson Cc:Leslie Prendiville Subject:RE: Cherry Blossom Subdivision - RZ, PP H-2018-0018 Staff Recommendation to Commission for June 21st Sonja, Ok thank you, will do. Jon Breckon MAIN (208) 376-5153 x102 | CELL (208)949-5153 BRECKONlanddesign.com From: Sonya Allen < sallen@meridiancity.org > Sent: Monday, June 18, 2018 4:00 PM To: C.Jay Coles < cjcoles@meridiancity.org >; Charlene Way < cway@meridiancity.org >; Chris Johnson <cjohnson@meridiancity.org > Cc: Leslie Prendiville < lprendiville@breckonld.com >; Jon Breckon < jbreckon@breckonld.com > Subject: Cherry Blossom Subdivision - RZ, PP H-2018-0018 Staff Recommendation to Commission for June 21st Attached is the staff report for the proposed rezone & preliminary plat for Cherry Blossom Subdivision. This item is scheduled to be on the Commission agenda on June 21 st . The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Jon - Please submit any written response you may have to the staff report to the City Clerk’s office (cjcoles@meridiancity.org , cway@meridiancity.org , cjohnson@meridiancity.org and myself (e-mail or fax) as soon as possible. Thanks, Sonya Allen 208-489-0578 City of Meridian 33 E. Broadway Ave., Meridian, Idaho 83642 Phone: 208-888-4433 www.meridiancity.org All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. 1 Charlene Way From:Sonya Allen Sent:Monday, June 18, 2018 4:00 PM To:C.Jay Coles; Charlene Way; Chris Johnson Cc:lprendiville@breckonld.com; Jon Breckon Subject:Cherry Blossom Subdivision - RZ, PP H-2018-0018 Staff Recommendation to Commission for June 21st Attachments:Cherry Blossom Subdivision - RZ, PP H-2018-0018 Staff Recommendation to Commission.pdf Attached is the staff report for the proposed rezone & preliminary plat for Cherry Blossom Subdivision. This item is scheduled to be on the Commission agenda on June 21 st . The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Jon - Please submit any written response you may have to the staff report to the City Clerk’s office (cjcoles@meridiancity.org , cway@meridiancity.org , cjohnson@meridiancity.org and myself (e-mail or fax) as soon as possible. Thanks, Sonya Allen 208-489-0578 Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 1 STAFF REPORT Hearing Date: June 21, 2018 Continued from: April 19 and May 17, 2018 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Cherry Blossom Subdivision – RZ, PP (H-2018-0018) Note: The original application submitted by the Applicant contained 59 building lots and 10 common lots. A revised application and preliminary plat was submitted on June 8, 2018 that reflects 12 fewer building lots and a revised lot configuration based on earlier discussions with Staff. The information contained in this report is based on the revised application submittal. I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Doug Jayo, Jayo Land Development Company, Inc., has submitted an application for rezone (RZ) of 10.74 acres of land from the R-4 to the R-8 zoning district; and a preliminary plat (PP) consisting of 47 single-family residential building lots and 11 common lots on 10.25 acres of land for Cherry Blossom Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2018-0018, as presented in the staff report for the hearing date of June 21, 2018, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2018-0018, as presented during the hearing on June 21, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0018 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance .) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 615 W. Cherry Ln., in the NE ¼ of Section 12, Township 3N., Range 1W. (Parcel #R8512250150, R8512250140, S1212120850, and S1212120695). Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 2 Note: Staff reviewed the warranty deed (recorded as Instrument #329628) for parcel #S1212120695 at the southeast corner of this site included in the plat as Lots 16-19 and has verified it is an original parcel of record as defined in UDC 11-1A-1. B. Owner: Jayo Holdings, LLC 10564 W. Business Park Ln. Boise, ID 83709 C. Applicant: Doug Jayo, Jayo Land Development Company, Inc. 10564 W. Business Park Ln. Boise, ID 83709 D. Representative: Jon Breckon, Breckon Land Design 6661 N. Glenwood St. Garden City, ID 83714 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for rezone and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: March 30, 2018 C. Radius notices mailed to properties within 300 feet on: March 23, 2018 D. Applicant posted notice on site(s) on: April 9, 2018 and June 12, 2018 VI. LAND USE A. Existing Land Use(s) and Zoning: The rezone area consists of rural residential land with an existing home, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Cherry Lane and single-family residential property, zoned L-O 2. West, South & East: Single-family residential properties, zoned R-4 & R-8 C. History of Previous Actions: This property was annexed in 1959 (Ord. #99, Welker Subdivision & J.L. Towne Subdivision) and 1965 (#145, Ayers) without a development agreement. D. Utilities: 1. Location of sewer: Sanitary sewer service to this development will be via new mainline extensions from the existing mains in NW 7th Street, W. McFadden Avenue, and W. Cherry Avenue. 2. Location of water: Water service to this development will be via new mainline extensions from the existing mains in NW 7th Street, W. McFadden Avenue, and W. Cherry Avenue. 3. Issues or concerns: None E. Physical Features: Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 3 1. Canals/Ditches Irrigation: The Hunter Lateral runs along the east side of this property and was previously piped. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop this 10.25 acre site with 47 single-family residential detached homes at a gross density of 4.6 dwelling units per acre (d.u./acre) consistent with the MDR FLUM designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density development with single-family detached homes will contribute to the variety of housing types in this area. Staff is unaware of how “affordable” the homes will be.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21.  “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas.” (5.01.01E) The Hunter Lateral runs along the east boundary of this site and has been piped.  “Require common area in all subdivisions.” (3.07.02F) Because this site is over 5 acres in size, the UDC (11-3G-3) requires a minimum of 10% qualified open space to be provided within the development. The applicant is proposing 1.11 acres (or 10.8%) of qualified open space within the development (see Exhibit A.4).  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of an existing stub street (W. McFadden Ave.) at the northeast boundary of the site and a new street connecting to N.W. 7th Street to the west near the south boundary of the site.  “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 4  “Develop pathways to connect Meridian with Boise, Nampa, Kuna and Eagle.” (6.01.02C) The Pathways Master Plan depicts a segment of the City’s multi-use pathway system east/west through this site near the southern boundary; a multi-use pathway is proposed accordingly. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the existing R-4 and proposed R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single-family detached dwellings is a principal permitted use in the R- 8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. D. Landscaping: Street buffer landscaping is required as set forth in UDC Table 11-2A-7 in accord with the standards listed in UDC 11-3B-7C. 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. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Rezone The applicant has applied for a rezone of 10.74 acres of land from the R-4 to the R-8 zoning district. The applicant proposes to develop 47 new single-family residential detached homes on the subject property as shown on the preliminary plat included in Exhibit A.2. The gross density of the development is 4.6 units per acre which is consistent with that desired in MDR designated areas per the Comprehensive Plan. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of rezone with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of a total of 47 building lots and 11 common lots on 10.25 acres of land in the proposed R-8 zoning district (see Exhibit A.2). The applicant proposes to develop single-family detached homes on this site that are a single-story in height. The subdivision is proposed to develop in one phase. Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 5 The gross overall density for the subdivision is 4.6 dwelling units per acre (d.u./acre) with a net density of 6.5 d.u./acre. The minimum property size proposed in this development is 4,986 square feet (or 0.11 of an acre) with an average property size of 6,840 square feet (or 0.16 of an acre). This subdivision is proposed to develop in one phase. Existing Structure: There is an existing home and several accessory structures located on the north end of this site that is proposed to be removed. All structures on the site shall be removed prior to signature on the final plat by the City Engineer. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the proposed R-8 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with the R-8 dimensional standards. Access: Two access points are proposed for the larger portion of this development. One via the extension of an existing stub street (i.e. W. McFadden Ave.) from N. Crestmont Dr. at the northeast corner of the site; and another at the southwest corner of the site via N.W. 7th St. Access to the 3 parcels at the southeast corner of the site is proposed via a common driveway from N.W. 4th Street across the adjacent parcel to the east. An access easement is required for access to these lots across Parcel No. S1212120690; the easement should specifically grant access to the proposed lots. The applicant is required to submit a recorded copy of the easement with the final plat application that contains those lots. Stub Streets: Because the area surrounding this site is fully developed, no new stub streets are proposed to adjacent properties. Common Driveways: All common driveways are required to comply with and be constructed per the standards listed in UDC 11-6C-3D. Three common driveways are depicted on the plat that comply with UDC standards. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures accessed by a common driveway. All lots that abut the common driveway but aren’t taking access from the common driveway shall have driveways depicted on the opposite side of the lot from the common driveway. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings. Landscaping: Landscaping is required to be provided in the subdivision in accord with the standards listed in UDC 11-3B. A 25-foot wide street buffer is required along W. Cherry Lane as set forth in UDC Table 11- 2A-6, landscaped in accord with the standards listed in UDC 11-3B-7C; the proposed landscaping complies with UDC standards. Landscaping is required to be provided in common areas as set forth in UDC 11-3G-3E. Landscaping is required along pathways (micro-paths as well as multi-use pathways) as set forth in UDC 11-3B-12C. Only vegetative groundcover is proposed within Lot 13, Block 4 along the micro-path; a minimum of one (1) tree is required to be provided. No landscaping other than grass is proposed along the north side of the multi-use pathway; no Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 6 landscaping is proposed between the south side of the pathway and the curb. A minimum 5- foot wide landscape strip is required between the curb and sidewalk with landscaping on both sides of the pathway (including one tree per 100 lineal feet) per the standards listed in UDC 11-3B-12C; or, submit an application for Alternative Compliance for landscaping to only be provided on one side of the pathway since the pathway is taking the place of the sidewalk in that area. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement as set forth in UDC 11-3B-10C.5. Prior to removal of any of the existing trees from the site, the applicant should contact Elroy Huff, City Arborist, to schedule an inspection. All mitigation information should be included on a revised plan. Open Space/Site Amenities: Qualified open space and site amenities are required to be provided with developments 5 acres or more in size per UDC 11-3G-2. Based on the area of the proposed development (i.e. 10.25 acres), a minimum of 1.03 acres of qualified open space and one (1) site amenity is required. The applicant proposes to provide 1.11 acres (or 10.8%) of qualified open space in accord with UDC standards consisting of half the street buffer along W. Cherry Ln. and internal common open space areas greater than 50’ x 100’ in area. (Note: The full buffer width along Cherry was included in the calculations, however, there was also area outside of the 50’ x 100’ area that was not included that makes up the difference.) The applicant proposes to construct a segment of the City’s multi-use pathway system through this site as an amenity along the north side of Cedarburg Street with a micro-path connection to an existing micro-path to the east. Staff recommends an additional amenity such as children’s play equipment (or something else comparable) is provided; the applicant should identify the additional amenity at the Commission hearing. Pathways: The Pathways Master Plan depicts a segment of the City’s 10-foot wide multi-use pathway system east/west through the southern portion of the site. The pathway is required to be constructed in accord with the standards in the Plan and have landscaping adjacent to the pathway in accord with the standards listed in UDC 11-3B-12C as noted above under Landscaping. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Five-foot wide attached sidewalks are proposed throughout the development in accord with UDC standards. A detached sidewalk is typically required along arterial streets; however, because an attached sidewalk exists along W. Cherry Ln., staff is not recommending it be replaced with a detached sidewalk. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Pressurized irrigation is proposed to be provided by the Nampa and Meridian Irrigation District. A pressure irrigation line/easement is depicted through the middle of Lot 19, Block 4; this easement should be relocated adjacent to a perimeter lot line. Cherry Blossom Subdivision – RZ, PP H-2018-0018 PAGE 7 Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Drainage areas that are counted toward the minimum qualified open space standards are required to comply with the standards listed in UDC 11-3B-11C. Waterways: The Kennedy Lateral runs along the east boundary of this site and has been piped. If there is a NMID easement for the waterway, it’s required to be depicted on the plat. If the easement is greater than 10 feet in width, it is required to be included in a common lot that is a minimum of 20’ wide and outside of a fenced area, unless modified by City Council at a public hearing with notice to surrounding property owners in accord with UDC 11-3A-6BD. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A- 7. A mix of 6-foot tall open and closed style fencing is depicted on the landscape plan; a detail of the proposed fencing type should be submitted with the final plat application. Building Elevations: The applicant has submitted conceptual building elevations for future homes within this development (see Exhibit A.4). Building materials consist of stucco with stone veneer accents. Future development should be generally consistent with these elevations and materials. Based on the above analysis, Staff recommends approval of the proposed rezone with the requirement of a development agreement and preliminary plat with the conditions of approval listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 2/8/18) 3. Proposed Landscape Plan (dated: 2/8/18) 4. Qualified Open Space Exhibit (dated: 6/8/18) 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 6/8/18) Exhibit A Page 3 3. Proposed Landscape Plan (dated: 6/8/18) Exhibit A Page 4 - 2 - 4. Qualified Open Space Exhibit (dated: 6/8/18) - 3 - 5. Conceptual Building Elevations - 4 - - 5 - - 6 - - 7 - - 8 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DIVISION 1.1 Comments/Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting rezone. The DA shall, at minimum, incorporate the following provisions: a. Development shall substantially comply with the preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the associated conditions of approval in the staff report. b. The developer shall obtain an easement across Parcel No. S1212120690 specifically for access to Lots 16, 17 and 19 at the southeast corner of the site. A copy of the recorded easement shall be submitted to the City prior to or with submittal of the final plat application. c. All homes constructed on the site shall be restricted to a single-story in height as proposed by the Developer. 1.1.2 Based on the preliminary plat included in Exhibit A.2, dated 6/8/18, the final plat shall include the following revisions: a. If there are any irrigation easements greater than 10 feet in width, they shall be included in a common lot that is a minimum of 20 feet in width and outside of a fenced area, unless modified by City Council per UDC 11-3A-6D. If an easement exists for the Hunter Lateral along the east boundary of this site, label it accordingly. b. Re-number the Block numbers – the block on the west side of Cherry Blossom Place and the north side of Cedarburg Street shall be Block 1; and the block on the east side of Cherry Blossom Place, the south side of Cedarburg Street and the north side of W. Cherry Avenue shall be Block 2. c. A pressure irrigation easement is depicted through the middle of Lot 19, Block 4; this easement should be relocated adjacent to a perimeter lot line. d. Lot 18, Block 4 is a common driveway and shall not be named; remove the “W. Cherry Ave.” label. 1.1.3 The landscape plan included in Exhibit A.4, dated 6/8/2018, shall be revised as follows: a. Include mitigation information on the plan for any existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement as set forth in UDC 11-3B-10C.5; contact Elroy Huff, City Arborist, (208-489-0589) to schedule an inspection to determine mitigation requirements prior to removal of any trees from the site. b. Include a minimum of one (1) tree within Lot 13, Block 4 along the pathway as set forth in UDC 11-3B-12C.2. c. Include a detail of the proposed fencing types in accord with the standards listed in UDC 11- 3A-7. - 9 - d. Under Project Information, remove “building size” as there is no minimum building size in the R-8 district; and correct the “lot size” to reflect the minimum required of 4,000 square feet. e. On the north side of Cedarburg Street, a minimum 5-foot wide landscape strip is required between the curb and sidewalk with landscaping on both sides of the pathway per the standards listed in UDC 11-3B-12C. An application for Alternative Compliance may be submitted for landscaping to only be provided on one side of the pathway since the pathway is taking the place of the sidewalk in that area. f. Revise the landscape plan to coincide with the changes to the plat noted above in condition #1.1.3. 1.1.4 Submit an exhibit with the final plat application that depicts the setbacks, fencing, building envelope, and orientation of the lots and structures that are accessed from common driveways as set forth in UDC 11-6C-3D. The driveways for lots that abut the common driveway but are not taking access from the common driveway shall be depicted on the opposite site of the lot from the common driveway. 1.1.5 The common driveways proposed within the development shall be constructed in accord with the standards listed in UDC 11-6C-3d. 1.1.6 A perpetual ingress/egress easement for the common driveways shall be filed with the Ada County recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment; a copy of the recorded easements shall be submitted with the final plat for City Engineer signature. 1.1.7 The applicant shall provide a segment of the City’s multi-use pathway system through this site as proposed and one (1) additional site amenity such as children’s play equipment (or something else comparable); the applicant shall identify a second amenity at the Commission hearing. 1.1.8 The amended development agreement shall be recorded prior to submittal of a final plat application for the proposed development. 1.1.9 All existing structures on the site shall be removed prior to City Engineer signature on the final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. - 10 - 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. - 11 - 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.1.2 Water service to Lot 19, Block 4 should come from W Cherry Avenue, not to the back corner of the lot as proposed. 2.1.3 Sanitary sewer and water service to the lots fronting a common driveway shall come from service lines extended from the public right-of-way, and not from mainline extensions within said driveways. 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 (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 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. All easements must be submitted, reviewed, and approved prior to development plan approval. 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. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC - 12 - 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 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, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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 design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. - 13 - 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 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. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have a Storz LDH connection in place of the the 4 ½” outlet. The Storz connection may be integrated into the hydrant or an approved adapter may be used on the 4 1/2" outlet. b. Fire hydrants shall have the Storz outlet face the main street or parking lot drive aisle. c. Fire hydrants shall be placed on corners when spacing permits. d. Fire hydrants shall not have any vertical obstructions to outlets within 10’. e. Fire hydrants shall be placed 18” above finished grade to the center of the Storz outlet. f. Fire hydrants shall be provided to meet the requirements of the Meridian Water Dept. Standards. g. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. Cul-D-Sacs shall be 96’ in diameter minimum and shall be signed “No Parking – Fire Lane” per International Fire Code Sections 503.3 & D103.6. - 14 - 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.6 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 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. 4.10 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.11 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. 6. PARKS DEPARTMENT 6.1 The project developer shall design and construct a multi-use pathway consistent with the location and specifications set forth in the Meridian Pathways Master Plan (Chapter 3) to connect NW 7th Street with the proposed Cherry Blossom Place. Pathway may be provided as a 10’ attached sidewalk along the north side of Cedarburg Street (proposed). 6.2 Prior to final approval, the applicant shall submit a public access easement for any additional width required beyond the public street right-of-way (Cedarburg Street) in order to achieve the 10’ multi-use pathway described above to the Planning Division for Council approval and subsequent recordation. 6.3 The applicant shall also submit a public access easement for the micro-pathway depicted between lots 17 & 18, to provide a connection to the existing micro-pathway at W. Maple Drive in the adjacent Midtown Square subdivision to the east. The easement shall be a minimum of 7’ wide (5’ pathway + 1’ shoulder each side). Use standard City template for public access easements. Easement checklist must accompany all easement submittals. 6.4 Construct all pathways per typical paving section(s) as shown in the Meridian Pathways Master Plan Chapter 3. 6.5 The owners (or representative association) of the properties affected by the public access easement(s) shall have an ongoing obligation to maintain the multi-use pathways. - 15 - 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Correct deficiencies and replace any broken or deteriorated portions of curb, gutter, and sidewalk on Cherry Lane abutting the site. 7.1.2 Construct 5-foot wide sidewalk on NW 7th Street abutting the site. 7.1.3 Provide a permanent right-of-way easement to 2-feet behind the back of sidewalk for any public sidewalk located outside of the dedicated right-of-way. 7.1.4 Correct deficiencies and replace any broken or deteriorated portions of curb and gutter, on NW 7th Street abutting the site. 7.1.5 Continue McFadden Avenue into the site with curb, gutter and attached sidewalk to intersect Cherry Blossom Place. 7.1.6 Construct the knuckle on McFadden Avenue with a minimum 45-foot back of curb radius. 7.1.7 Construct Cherry Blossom Place and Winsford Court as 33-foot street sections with curb, gutter and 5-foot wide attached sidewalk within 47-feet of right-of-way. 7.1.8 Terminate Winsford Court in a cul-de-sac, approximately 440-feet south of McFadden Avenue, as proposed. 7.1.9 Construct Cedarburg Street as a 33-foot street section with curb gutter and 5-foot wide sidewalk on the south side of Cedarburg Street and a 10-foot wide pathway on the north side of Cedarburg Street within 52-feet of right-of-way. 7.1.10 Construct the cul-de-sac and the knuckle with a minimum 45-foot turning radius. 7.1.11 Pave the existing drive aisle its full width and a minimum of 30-feet into the site from the edge of pavement on 4th Street. 7.1.12 Direct lot access to Cherry Lane is prohibited and shall be noted on the final plat. 7.1.13 Payment of impact fees is due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of- way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. - 16 - 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 8. CENTRAL DISTRICT HEALTH DEPARTMENT - 17 - 9. NAMPA MERIDIAN IRRIGATION DISTRICT - 18 - 10. IDAHO TRANSPORTATION DEPARTMENT (ITD) - 19 - C. Legal Description & Exhibit Map for Rezone Boundary - 20 - - 21 - - 22 - - 23 - D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property from R-4 to R-8 and develop 47 new single-family residential detached homes at a gross density of 4.6 units per acre consistent with the MDR FLUM designation. Staff finds the proposed amendment complies with the applicable provisions of the Comprehensive Plan as noted above in Section VII and should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Staff finds rezoning this property to the R-8 zoning district is in the best interest of the City if the applicant develops the site in accord with the proposed plat. 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; Staff 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. - 24 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff 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; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Commission and/or Council’s attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. f. The development preserves significant natural, scenic or historic features. Staff is unaware of any significant natural, scenic or historic features that exist on this site.