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PZ - Staff Report Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 18, 2018 TO: Planning and Zoning Commission FROM: Josh Beach, Associate Planner 208-884-5533 SUBJECT: H-2018-0091 Rockbury Townhomes Subdivision PROPERTY LOCATION: The site is located near the northwest corner of W. Chinden Blvd and N. Tree Farm Way. I. PROJECT DESCRIPTION Preliminary plat (PP) consisting of forty-seven (47) residential buildable lots and eight (8) common lots on 6.23 acres of land in the R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 6.23 Future Land Use Designation MDR Medium Density Residential (3-8 DU/Acre) Existing Land Use Vacant Proposed Land Use(s) Attached single-family Current Zoning R-15 Proposed Zoning R-15 Lots (# and type; bldg/common) 47 single-family buildable and 8 common lots Density (gross & net) 5.8 Gross/12.4 Net Open Space 0.66 acres, at 11% Amenities 50X100 grassy area, plaza and water feature Physical Features (waterways, hazards, flood plain, hillside) None History (previous approvals) Annexed in 2006 as Tree Farm Annexation (AZ-06-004), Preliminary Plat in 2017 as Rockbury Subdivision (H-2018- 0018) Page 2 B. Community Metrics Details Page ACHD report (yes/no)  Requires ACHD Commission Action (yes/no) No report as of print deadline Unknown Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access to the east (Tree Haven Way), One (1) emergency access to the north (Tree Crest Way) Traffic Level of Service Distance to Fire Station  Fire response time  Resource reliability  Risk identification  Accessibility   Specialty/resource needs  Water supply Not provided 5 minutes 77% 1 Meets requirements, however no overflow parking is provided. Meets requirement 1000 gallons per minute Distance to Police Station  Police response time  Calls for service  % of calls for service split by priority  Accessibility  Specialty/resource needs  Crimes  Crashes 8 miles 8 minutes 74 calls within 1 mile of the site P3-1.4%, P-2 58.8%, P1-40.5%, P0-1.4% Accessibility is not an issue None 15 10 Page 3 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant/Owner: Michael Nigh 904 Madrid Avenue Torrance, CA 90501 B. Representative: Jon Breckon, Breckon Land Design 6661 N. Glenwood Street Boise, ID 83714 Page 4 IV. NOTICING A. Newspaper notification published on: September 28, 2018 B. Radius notice mailed to properties within 300 feet on: September 21, 2018 C. Applicant posted notice on site on: October 8, 2018 D. Next door posting: September 25, 2018 E. Neighbor meeting date and number of attendees: June 14, 2018 with 24 residents plus the applicant being present. V. STAFF ANALYSIS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). 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 (d.u.) per acre. The applicant proposes to develop the site with 47 single-family residential lots and 8 common lots. The gross density of the proposed plat is 5.8 d.u. per acre with a net density of 12.4 d.u. per acre, which falls within the target density of the MDR designation. The gross density for the subdivision is 5.8 d.u./acre. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned R-8, R-4 and R-15, and this project would be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi- family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) 2. ”Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) 3. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) 4. “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) 5. “Provide housing options close to employment and shopping centers.” (3.07.02D) 6. “Encourage infill development.” (3.04.02B) Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 district. The average lot size is 3,527 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Staff has reviewed the proposed plat and found it to be in compliance with the R-15 dimensional standards. Access: Vehicular access is proposed for this site via one access to N. Tree Farm Way to the east and an emergency access to the north (W. Tree Crest Drive). Streets: The applicant is proposing to construct a private street to provide access and circulation within this development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24’ or 26’ with no allowed parking as determined by the Fire Marshal. The proposed private streets are all internal to the development and are to be constructed as a combination of 25 and 27-foot street sections. The applicant is proposing to share the private street with pedestrians and vehicles. Staff has Page 5 concerns about the shared nature of the roadway and recommends that the applicant provide a 4-foot sidewalk along one side of the private street to accommodate pedestrian travel. Typically private streets are not intended for single-family developments. In this case the applicant had multiple discussions with ACHD and with City staff and determined that a public street for the development would only serve the residents of this subdivision and ACHD determined that there was “No public benefit” in constructing public streets for this project. This determination from ACHD led the applicant to design a private street as part of their project. The applicant has submitted a Private Street application as required by UDC 11-3F-3. With the requirement that a 4-foot sidewalk be constructed on one side of the sidewalk, staff is supportive of the applicants request and has conditioned as such in section VIII. Gates: The applicant is proposing to install a gate to restrict vehicular movement to the private street to those who live within that area of the development. UDC 11-3F-4 allows gates to be installed, subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty (50) dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian pathways master plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet (50') back from the ultimate edge of right of way to the connecting public street. Parking: The widths of the proposed private streets and the layout of the proposed subdivision only allows for limited parking in the subdivision. Per the fire department, the private street shall be marked as “No Parking, Fire Lane”, this severely limits the ability of any guests for the owners. In order to accommodate additional parking within the development, the applicant should provide guest parking within the development but shall maintain the required open space. Sidewalks: Sidewalks are not required along private streets, however the applicant is proposing to construct a 5 foot shared bicycle/pedestrian/drive aisle throughout the development. A detached sidewalk exists along N. Tree Haven Way and W. Tree Crest Drive Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Fencing is required adjacent to all common lots. The applicant will need to revise the landscape plan to show the required fencing. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (6.23 acres), a minimum of 0.62 acres of qualified open space are required to be provided as set forth in UDC 11-3A-3B and Comp. Plan policy 3.07.02A. The applicant has proposed 11% open space for the development, or 0.66 acres of land. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (6.23 acres), a minimum of 1 qualified site amenity is required to be provided. The applicant proposes to provide a 50X100 grassy area, a plaza and a water feature as amenities Page 6 for the subdivision. With the number of proposed lots within the development, staff is of the opinion that the applicant should provide a more useable amenity within the central open space area. 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. Building Elevations: The applicant is proposing to construct single-family detached homes. The applicant has submitted conceptual sample building elevations for future homes in this development, included in section VII. Building materials appear to consist of a mix of variety of wood siding with architectural shingles. Certificate of Zoning Compliance (CZC): The applicant will be required to submit a certificate of zoning compliance application for the required parking lot. The parking lot will be required to comply with any applicable UDC provisions as part of the approval. Administrative Design Review (DES): Any attached single-family homes will be required to receive administrative design review approval prior to obtaining a building permit. Page 7 VI. DECISION Staff finds that the subject preliminary plat exceeds the minimum requirements of the UDC and recommends approval of the proposed preliminary plat application in accord with the Findings in Section IX per the provisions in Section VIII. Page 8 VII. EXHIBITS 1. Proposed Preliminary Plat (dated: 9/1/2018) Page 9 2. Proposed Landscape Plan (dated: 4/3/2018) Page 10 3. Conceptual Building Elevations Page 11 4. Legal Description and Exhibit Map Page 12 Page 13 Page 14 VIII. CONDITIONS & MITIGATION MEASURES 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved annexation (AZ-13-014, DA Instrument # 114007668). 1.1.2 The preliminary plat included in section VII, dated 7/25/2018, shall be revised as follows: a. The applicant shall provide a 4-foot sidewalk along one side of the private streets within the development tin order to provide pedestrian access to the parcels and central open space. b. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. c. The applicant shall provide a more useable amenity within the central open space area in accord with UDC 11-3G-3. d. Prior to the Commission hearing the applicant shall provide a revised plan that shows guest parking within the development. The applicant shall maintain compliance with UDC 11-3G-3 in accord with open space requirements. 1.1.3 The landscape plan included in Exhibit A.3, dated 8/9/2018, shall be revised as follows: a. Fencing in compliance with UDC 11-3A-6B and 11-3A-7 shall be located on all common lots. Prior to the Planning and Zoning Commission, the applicant shall revise the landscape plan to show the required fencing. 1.1.4 If there are any existing trees on the site that are to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site shall be noted on the landscape plan submitted with a final plat application. 1.1.5 Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A and the revisions noted in the staff report. 1.1.6 The applicant shall submit a certificate of zoning compliance application for the required parking lot. The parking lot will be required to comply with any applicable UDC provisions as part of the approval. 1.1.7 The applicant shall receive administrative design review approval for any attached single-family dwellings prior to obtaining a building permit. 1.1.8 Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Parking is prohibited on all private streets in the development. Per ACHD and the Fire Department, signage should be installed accordingly. 1.1.9 The private streets shall comply with all standards set forth in UDC 11-3F-4. 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- 2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 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. Page 15 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. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 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. 1.3.6 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. 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 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 Page 16 2.1.2 Water service to this development will be from Sueze North America. Sewer service will be from the City of Meridian. 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 sewer mains outside of public right of way. The easement widths shall be 20-feet wide. 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 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. Page 17 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. 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 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 887-2211. 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=156202&dbid=0 Page 18 Page 19 IX. FINDINGS 1. 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. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services can be provided to the subject property upon development. 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. 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.