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CC - Staff ReportSTAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/19/2019 DATE: TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0119 Oakwind Subdivision (future phase of The Oaks North Subdivision PP -13- 014) LOCATION: Near the intersection of N. McDermott and W. McMillan Roads, in Section 28, Township 4N., Range 1W. I. PROJECT DESCRIPTION E IDIAI�T� Rezone of 16.52 acres of land from the R-15 and R-4 zoning districts to the R-8 zoning district; and preliminary plat consisting of eighty-two (82) single family residential lots, six (6) common lots, and one (1) common driveway. Page 1 II. SUMMARY OF REPORT A. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Proposed Zoning Lots (# and type; bldg/common) Phasing plan (# of phases) Number of Residential Units (type of units) Density (gross & net) Open Space (acres, total [%] / buffer / qualified) Amenities Physical Features (waterways, hazards, flood plain, hillside) Neighborhood meeting date; # of attendees: History (previous approvals) Details 16.52 Medium Density Residential (MDR) (3-8 units/acre) Rural agricultural Single family residential R-15 R-4 and R-8 89 lots total; 82 building lots/6 common lots, 1 common driveway 2 phases 82 single family detached homes 4.96 units/acre (gross); 6.33 units/acre (net) 1.19 acres, 2.2% Staff is recommending a micropath None 9/19/18; no attendees AZ -13-008, RZ-13-015 (DA Inst. No. 114030972); PP -13- 014 Page 2 Description Details Page Ada County Highway District • Staff report (yes/no) No • Requires ACHD Commission Action Access (Arterial/Collectors/State Access via W. Cherrybark Dr. (local) and W. Vercelli Dr. Hwy/Local)(Existing and Proposed) (local) Traffic Level of Service service expectation= 5 minutes) Stub Street/Interconnectivity/Cross Internal access through future phases of The Oaks North Sub. 6 Access Additional stub streets are being recommended by staff. Existing Road Network supply service to this propose project Existing Arterial Sidewalks / McDermott Road — Undeveloped (no sidewalks or buffers) Buffers McMillan Road — Undeveloped (no sidewalks or buffers) Proposed Road Improvements [Two entrances are too close together between phase I and 2. Distance to nearest City Park (+ +/- 1 '/a miles size) An aerial device will not be required Fire Service 29 • Distance to Fire Station +/- 2 '/z miles to Station No. 2 • Fire Response Time 7 minutes (does not meet response time requirements; level of service expectation= 5 minutes) • Resource Reliability 77% (does not meet the targeted goal of 85% or greater) • Risk Identification 1 (residential) — current resources would be adequate to supply service to this propose project • Accessibility Does not meet all required access, road widths and turnarounds; will need revisions to meet IFC requirements. [Two entrances are too close together between phase I and 2. Needs to be afire] • Special/resource needs An aerial device will not be required An additional truck company will be required in the event of a structure fire [Could result in time delays] • Water Supply Requires 1,000 gallons per minute for two hours Police Service 29 • Distance to Police Station 8.5 miles from Meridian Police Department • Police Response Time 4-5 minutes • Calls for Service 10 • % of calls for service split % of P3 CFS — 10% by priority % of P2 CFS — 90% % of P1 CFS — 0% % of PO CFS — 0% • Accessibility Access for the Meridian Police Department is not an issue for the proposed development in this area. • Specialty/resource needs No additional need • Crimes 13 total • Crashes 1 West Ada School District • Distance (elem, ms, hs) Pleasant View Elementary (planned to open 2020): +/- 1 mile Planned Middle School (SWC Chinden and Black Cat): +/-'/2 mile Owyhee High School (planned too en 2020): +/- 1/2 mile Wastewater • Distance to Sewer Services • Sewer Shed Page 3 • Estimated Project Sewer ERU's • WRRF Declining Balance • Project Consistent with WW Master Plan/Facility Plan Water • Distance to Water Services • Pressure Zone • Estimated Project Water ERU's • Water Quality Concerns • Project Consistent with Water Master Plan 1,000 feet 1 See application information None Yes • Other Project will need to be modeled at final plat stage. Developer will be responsible for the installation of 12 -inch diameter water main in McDermott Road frontine the nroiect. Page 4 B. Project Area Maps Future Land Use Map Aerial Map Zoning Map III. APPLICANT INFORMATION A. Applicant: Toll ID I LLC 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 B. Owner: New Oaks, LLC. 5662 Calle Real #254 Galeta, CA 93117 N Planned Development Map Legend 10 Luca fxin - i CSF} urrrils — Planned Parce4s Page 5 C. Representative: Engineering Solutions, LLP. 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 IV. NOTICING Newspaper Notification Radius notification mailed to properties within 300 feet Radius notification published on Nextdoor posting V. STAFF ANALYSIS Planning & Zoning City Council Posting Date Posting Date 12/28/2018 2/1/2019 12/26/2018 1/29/2019 1/7/2019 2/9/2019 12/26/2018 1/29/2019 A. The applicant proposes to rezone 16.52 acres of land from the R-4 and R-15 zoning districts to the R-8 zoning district to construct eighty-two (82) single-family detached dwellings on lots ranging in size from 5,400 square feet to 8,600 square feet with an average lot size of 5,843 square feet. Previously, multi -family was proposed with this phase of development, which was consistent with R-15 zoning; the R-4 designation is minimal and is located at the northeast corner of the subject property. The proposed rezone to the R-8 designation will allow for dimensional standards consistent with the size of lots and type of development now proposed. This subdivision is proposed to develop in two (2) phases. The legal description submitted with the application, included in Exhibit VII.A, shows the boundaries of the property proposed to be rezoned. The applicant has submitted a separate development agreement modification application (H- 2018-0117) to omit the multi -family component as conceptually approved with The Oaks North preliminary plat (PP -13-014). That application will be heard before City Council on February 19, 2019 per UDC Table 11-5A-2. Development of this subdivision is predicated on the Council's approval of the MDA application. The Oaks North plat included 653 single-family homes and conceptually approved two (2) multi- family phases on approximately 252 acres of land. The current proposed modification to The Oaks North and South development agreement is replacing both multi -family phases proposed with The Oaks North with single-family residential lots. The Oakwind Subdivision will add eighty-two (82) single-family homes, while the other phase that is proposed to develop with single-family residences rather than multi family (Oakmore) will add eighteen (18) single family homes. With the substitution of 100 single family residences for the multi -family phases the total approximate build -out (as currently proposed) of The Oaks Subdivisions will include approximately 750 single family residences, which is approximately 100 more single family residences than originally proposed and approved. The concept plan (shown in Exhibit VII.D) included with the original preliminary plat for this phase of development depicted approximately 200 multi -family units which would have required a minimum of 10% open space and approximately five (5) qualified site amenities. The applicant is not proposing any qualified site amenities with this phase of development. Without the added amenities that the multi family developments would have been required to construct, approximately 750 single family residences within The Oaks North and South will be Page 6 utilizing the same amenities originally approved and shown on the concept plan in Exhibit VII.D below. Staff is concerned that the lack of qualified site amenities provided with this phase of development will put undue strain on the existing and planned amenities for other phases of The Oaks. Typically, a minimum of 10% open space is required for subdivisions that are 5 acres or more in size as set forth in UDC 11-3G-3. The applicant is proposing 1.19 acres of qualified open space or 2.2% for this phase of development. 10% open space is not being provided with this phase of development because it will be part of the overall Oaks North subdivision and open space was determined for the entire development. The Commission should determine whether there are adequate amenities and open space for a subdivision that will have approximately 750 single family homes at completion. B. Land Use Map Designation (https:llwww.meridiancity.or /compplan) The site is designated MDR (Medium Density Residential), which allows for smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units or less per acre (d.u./acre). The applicant proposes to develop this 16.52 acre site with 82 single-family residential detached homes at a gross density of 4.96 dwelling units per acre (d.u./acre) consistent with the MDR FLUM designation. C. Comprehensive Plan Policies (https://www.meridiancit .00rg/compplan): • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)." (3.06.02G) • "Require usable open space to be incorporated into new residential subdivision plats." (3.07.02A) • "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity." (3.07.02C) D. Proposed Use Analysis: The applicant proposes single-family detached dwellings which are listed as a principal permitted use in the R-8 zoning district per UDC Table 11-2A-2. E. Dimensional Standards (UDC 11-2): The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. Future structures should comply with the minimum setbacks of the district. The proposed lots comply with the dimensional standards of the R-8 district. F. Access (UDC 11 -3A -3,11-3H-4): Two (2) access points are currently proposed via W. Cherrybark Dr. and W. Vercelli Dr., both of which connect to a future proposed phase of The Oaks North. The proposed access points are consistent with Comprehensive Plan action item #3.06.02D and UDC 11-3A-3 which restricts access points on arterial streets. Staff recommends the applicant add two (2) stub streets; one (1) to the north and one (1) to the south to connect to future phases of The Oaks North development and meet the Fire Department's request for a third access point. Page 7 Adding stub streets to the north and south would also further implement the goal of Comprehensive Plan action item #3.03.020: "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets) ". Staff would like to point out that a stub street to the north could create a block length exceeding the UDC maximum allowance of 750 linear feet depending on placement. If the stub street is constructed, Staff will be tasked with ensuring the connection meets City code and does not create a safety issue for residents. G. Common Driveways (UDC 11-6C-3): All common driveways are required to comply with the standards listed in UDC 11 -6C -3D. One (1) common driveway is proposed and complies with UDC standards. Staff is recommending that a stub street be constructed which could affect or eliminate the currently proposed common driveway. Note: if a public stub street replaces the location of the common driveway, the condition for the common driveway will not apply. 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. Driveways for abutting properties that aren't taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5 -foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) 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. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. H. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10' x 20' parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two- and three -car garages are proposed with parking pads in front of the garages in accord with UDC standards. I. Sidewalks (UDC 11-3A-17): Detached sidewalks are proposed throughout the development and are landscaped in accord with UDC standards and Comprehensive Plan Action Item #3.07.02C. J. Landscaping (UDC 11-3B): A 35 -foot wide street buffer and berm is proposed in accord with the development agreement; both shall be landscaped per the standards listed in UDC 11 -3B -7C and Comprehensive Plan Action Items #3.05.02C and #3.06.02G. The two- to three-foot berm proposed along N. McDermott is consistent with the requirements of the development agreement. Staff recommends the berm be at least three (3) feet in height and be landscaped in accord with UDC 11-3B-5 and UDC 11 -3B -7C. Staff recommends that the six foot privacy vinyl fence proposed be placed at the top of the berm to provide sound attenuation for the future SH -16 expansion. Parkways along local streets within the development are proposed consistent with the standards listed in UDC 11-3A-17 and UDC 11-313-7C. Common open space areas are required to be landscaped in accord with the standards listed in UDC 11 -3G -3E as proposed. Page 8 Mitigation is required for all existing healthy 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 100% replacement in accord with UDC 11-3B-1OC.5. K. Qualified Open Space (UDC 11-3G): Properties over five (5) acres in size are required to comply with minimum open space and site amenity requirements as set forth in UDC 11 -3G -3A.1. Based on the area of the preliminary plat (16.52 acres), a minimum of 10% (or 1.65 acres) qualified open space and one (1) qualified site amenity is required to be provided with the development. Staff recommends additional qualified open space be included with this phase of development as discussed in the qualified site amenities section below. L. Qualified Site Amenities (UDC 11-3G): Proposed amenities for The Oaks North Subdivision consist of the following: The City's ten -foot multi -use pathway along Five Mile Creek, a community swimming pool, children's play structure, picnic shelter, pocket parks with amenities and additional qualified open space. As mentioned in the analysis above, Staff is concerned that the qualified site amenities originally approved may not be adequate for the number of single family residences proposed. Staff is recommending the applicant add a site amenity such as a micropath to connect the southern portion of the subdivision through the development to future phases of Oaks North. The addition of a micropath would provide useable open space and increase pedestrian connection through the subdivision. Ten (10) days prior to the Council hearing the applicant should provide a revised plat depicting common lots (micropaths) in the location depicted in Exhibit VILB below. M. Storm Drainage (UDC 11-3A-18) 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. N. Fencing (UDC 11-3A-6, I1 -3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall vinyl closed vision fencing is proposed at the rear of building lots along the perimeter of the development and adjacent to common areas that are entirely visible from streets. A five-foot tall open vision wrought iron fence is proposed at the rear of Lots 2-9, Block 1 and adjacent to a future phase of The Oaks North. O. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City's adopted standards, specifications and ordinances. P. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual): Conceptual building elevation renderings were submitted for future detached homes within the development, single -story and 2 -stories in height. Building materials consist of a mix of materials with different types/styles of siding with stone veneer accents (see Exhibit F in Section VII.) Because the rear and/or sides of 2 -story homes will be highly visible from the arterial street (i.e. N. McDermott Rd.), staff recommends articulation is incorporated through changes in two or more of the following: modulation (e.g. projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public Page 9 street. Single -story structures are exempt from this requirement. NOTE: the proposed elevations in this staff report are similar to the ones that are already approved and tied to the recorded development agreement. VI. DECISION A. Staff: Staff finds that the proposed gross density (4.96 units/acre) of the subdivision is consistent with that desired in MDR designated areas and that the proposed rezone from R-4 and R-15 to R-8 will allow for dimensional standards consistent with the type of development now proposed. The proposed preliminary plat meets UDC standards and shall be revised as conditioned in Section VIII. Common open space meets minimum requirements and sidewalks provide pedestrian connections throughout the development and to future phases of The Oaks. Staff is recommending that the applicant add an additional site amenity, such as a micropathway and two (2) stub streets to encourage inner -connectivity to future subdivision phases. For these reasons, staff recommends approval of the proposed RZ and PP applications per the Findings in Section IX. B. Commission: The Meridian Planning & Zoning Commission heard these items on January 17, 2019. At the public hearing, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: L In favor: Becky McKay, Applicant's Representative; H. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: L None c. Key Issues of Discussion by Commission: L Open space and site amenities provided with this phase of development. ii: Stub streets to the north and south; requiring possible emergency access or stub street to south. d. Commission Change(s) to Staff Recommendation: L Revise conditions #2c and #3c — Strike staffs recommendation to construct a stub street to the north; keep condition to construct a stub street to the south. H. Revise conditions #2d and #3a — Strike staffs recommendation for a micropath for Lots 9&8 and 19&20, Block 2; Lots 3&4 and Lots 14&15, Block 3 to install a micropath. Keep requirement for construction of micropath between Lots 8&9, Block 1 to connect to the Creason Lateral to the north. W. Revise condition #4 to include the Commission's recommendation to provide 10% open space and work toward providing an extra amenity for Oakwind. e. Outstanding Issues) for City Council: L None Page 10 VII. EXHIBITS A. Legal Description and Exhibit Map for Zoning Boundary Legal Descri tp ion Oak,nrind Subdivision - R-8 Rezone A parcel iocate� In the S '/ of the SW X of Section 28„ Township 4 1400th, Flange 1 West, Boise Meridian, Ada County, Idaho, and more particutarly described as Fallows: CoFnn nr,IHG at a Brass Cap mranument marking the southwout darner of said SW 1/4 of Section 28, from which a Brass Cap monument marking the northwest corner of said SW % bears N 1 °04'42" E a distance of 2630.85 feat; Thence N 1 004'42" E alwg the westerty boundary of said Safi Y, a distance of 529-71 feet to the POINT O BEGINNING; Thence continuing along said westerly boundary N 1'40'42" E a distance of 785,77 feet to a 518 inch nebar marking the northwest corner of said S 'la of the SW Y4 Thence S 89"16'59 E along the northerly boundary of said 5 Y of the 5W `✓a a d istance of 451).44 feet to a 518 inch rabar; Thel-Ke leaving said northerly boundary $ 85'59'18" E a distance of 405.00 feet to a point; Thence 5 t'00'42" W a dsstarree of 80.00 feet to a point: Thence S 2"41'32" E s distance of 07.60 feet to a point; Thence a distance of 133.29 feet along the arc. of a 625.00 Font radkis curve left, said r u r+e havi ng a centra l angle of U"13'OB" and a long chord bearing S 12"05'17' E adistance of 133-03 feat lea point; Thence a distance of 87,32 feat along the arc of a 624-88 foist radius curvet left, said curve having a central angle of 8°40'24" and .a long chard bearing S 22'12'03" E a distance of 67.25 feet to a point Thence a dicta n ve of 78.73 feet along the arc of a 279.35 foot and lus curve left, said cu rve hawing a central angle of 18008'50" and a lortg chord laeairng S 34'16'40" E a distance of 78,47 feet to a point, Thence S 56526"id" 4V a distance of 23.46 feat to a point; Thence S 67°48'47" W a distance of 122.55 feet to a point; Thence S 86"25'30" W a distance of 42 70 feet to a point; Thence S 0'52'51" W a dlsWnce of 143.72 feet to a point; Thence 5 5°24'27" E a distance of 137,14 feet to a point, Thence N 89'07'09" W a distance of 870.66 Feat to the POINT OF 0p.L I -A BEGINNING. � fn 1$ i t This parcel contains 16,52 acras and is isiibJect to any easements 4 existing car in arse_ � '� '� 'W- Clinton Hansen. PLS C ' Land' Solullans, PC o P �{�� October 8, 2018 W 1�4• Lsfi b luiions The 478Fss f� -35 J01] �t6. i �-�u�J 4 _- �..e w.9�,e« �w Page i of S Page 11 r �� PIAL£13}1�1125[M s 1Jld sa�a'So-' +YGs09' 8 as b� PMT Of WANNIO R AKWIND SU13DIVISION -S REZONE - E HIBiT ok"m skjeDlvtgow 1-4 RUME AREA . 16.W AUdM (710,51T 9) Fmm 50126514M °svi .+. frzI mm FID_ PKC& 54OWaa49 _ _ _ 6510 Y. iICY in !� L RIACA 1018955 m I-- F it Y. MOLLM N. abom &D n ata 'A] >I, Y�cWILJll 1� T I1 I —.11 ; 9 i i t- i M m� .. Page 12 l ti n Wd' u In and conswi ng i:! I F, 6TH 5l. W. A MEMO L d5 41042 t1Dd? A&R(mo I 7ue Misr ta, WWWldl4dGdllkNll lff Jt,W Ya 9A -s, LINE TAM iatlW#N21<3}i0C9 @ I1. WddlM HC, LINE LINUH DREM u team' s5arifx LY Lljw S'ni'aYE L3 24m, m2niif U iaa.w SB739'w'••N L5 f2.7'5' SF16 VWN L6 tikai Ydl"N LT j33,ld' S2fuirE 1«u Glaf54 l£N�.TI� PAAIU� LTi Wj RG CH(7F fl 133,'y' d�^515m" 5+$'66'IT� JUW p �F.Ji #rV1 FMCS+' s aIWI Fri" �! ai4!' a1ki6' ld'4�46" F7194't0"(t �r;1Y PKC& 54OWaa49 _ _ _ 6510 Y. iICY in !� L RIACA 1018955 m I-- F it Y. MOLLM N. abom &D n ata 'A] >I, Y�cWILJll 1� T I1 I —.11 ; 9 i i t- i M m� .. Page 12 l ti n Wd' u In and conswi ng i:! I F, 6TH 5l. W. A MEMO L d5 41042 t1Dd? A&R(mo I 7ue Misr ta, WWWldl4dGdllkNll lff Jt,W Ya 9A -s, B. Preliminary Plat (date: 1014rvr9,12018) Revised 2/8/2019 4'�!! F - R, . .t:. --- --- s - i PHF�SH1`.'q R-4 �6 v ; R � �� I r} q® "Fa r as m • our _ n.w.mw PRE 1 Page 13 Jm..RUT 4'�!! F - R, . .t:. --- --- s - i PHF�SH1`.'q R-4 �6 v ; R � �� I r} q® "Fa r as m • our _ n.w.mw PRE 1 Page 13 C. Landscape Plan date: 10/5/2018) . L.z a«.wrvw..m TRE£ RANTINN9TAKIN6�*�� I v¢ari F�WYAGY F2fILE �.� DEVELOPMMNT DATA Page 14 PLANT PALETTE LANDSGAPM GAL-AT10N9 '5 6p�d Mm- w Page 15 D. Approved Concept Plan for The Oaks North (PP -13-014) IEN5ENHELT3 O THE OAKS NORTH SUBDIVISION it MERIDIAN, IDAHO PRELIMINARY PLAT LANDSCAPE PLAN Soeu�rexa_, Page 16 E. Building Elevations OUNTRY EDE COLLECTION — EXAMIPLE ELEVATIO`ti S The Bemeik The Mathison The Welsleyj Page 17 :.�,= ^! .. _ � .. ,� , . =� f i - « r: � j " '' ti, ti� s i 1 r �� � � �` :� Y i ,w._. �, __ . �• The Wescott The Richland Page 19 �r =y . a _ ` e A Ali, X `j 1 .Nfiw �r or PRO1 ry�iA ~ 3•� ,GARDEN COLLECTION THE OLIVER Page 21 GARDEN COLLECTION THE OLIVER WMWAIN Page 22 WOODLAND COLLECTION The Andrew The Barrett The Chapman The Emerson The GiIbe t Page 23 T -ie Harr-gtor Tne Jam iso r h - i The Kirkham --L'OIf. AL ,jak� j'ek�; y - The Mallon, The Mathison Page 24 The Richland The Walden Page 25 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply with all conditions of previous approvals (AZ -13-008, RZ-13- 015, DA Inst. No. 114030972; PP -13-014) associated with this property. 2. The preliminary plat included in Section VII.B, shall be revised ten (10) days prior to the Council hearing as follows: a. Note #6: Revise to include the approved addendum to the development agreement (Inst. No. 11403 0972) and the previous development agreement. b. Note #9: Revise to include Lot 14, Block 2 as a common lot to be owned and maintained by The Oaks North Subdivision Home Owners Association. c. The applicant shall include twe (2) one stubs streets; one "` to the nett (par- #S0428325600) p r##0428325600) and e o (, � to the south (parcel #SO428336630) to connect to the future collector street as depicted in Exhibit VII. d. The applicant shall construct micropaths between Lots 9 & 8, Block 1 to connect to the Creason Lateral to the north.; Lets 9 & 8^nd- Z0�eek 2; rots 3 & ^ ^aa Tots 14 & development.15, Bleek 3 to add additional open spaee and amenities for- the proposed 3. The landscape plan included in Section VII.0 shall be revised ten (10) days prior to the Council hearing as follows: a. The applicant shall construct micropaths between Lots 9 & 8, Block 1 to connect to the Creason Lateral to the north.; Lots 9 & 8 -and 19 & 20meek 2; Lots 3 Q. 4 and Lots , 4 p, 15, Bleek 3 to add additional open spaee and amenities for- the proposed developmeat. b. 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. c. The applicant shall include two (2) one stubs streets; one (1) to the neA (par- #S0428325600) p r to the south (parcel #SO428336630) to connect to the future collector street as depicted in Exhibit VII. d. The applicant shall construct the entire street buffer, sidewalk and three-foot berm along N. McDermott Rd. with the first phase of development. e. The six-foot privacy vinyl fence proposed be placed at the top of the berm to provide sound attenuation for the future SH -16 expansion. 4. Commission shall determined whetheF that there are adequate the proposed amenities and open space for a the subdivision were not adequate given the Oaks that will have approximately 750 single family homes at completion. The Commission recommended the applicant provide 10% open space and work on an extra amenity for Oakwind. Page 26 For lots accessed by common driveways, 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. Driveways for abutting properties that aren't taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5 -foot wide landscaped buffer. 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 7. If a public stub street replaces the location of the stub street common driveway, condition numbers 6 and 7 above will not apply. If there are any irrigation easements greater than ten -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. The rear and/or sides of 2 -story homes on Lots 16-27, Block 1 visible from the arterial street (i.e. N. McDermott Rd.) are required to incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step -backs, pop -outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the public street. Single - story structures are exempt from this requirement. 10. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the recorded development agreement. 11. The amended development agreement shall be recorded prior to submittal of a final plat application for the proposed development. 12. The preliminary plat is approved contingent upon City Council approval of the associated modification to the Oaks North and South development agreement. B. PUBLIC WORKS DEPARTMENT 1 Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridianciU.oMIgublic_works.aspx?id=272 1.2 As proposed, the water distribution network can supply 1,500 gpm flow at build -out. If a fire flow greater than 1,500 gpm is needed, applicant shall contact the Public Works Department to determine availability. Each phase will need to be modeled individually at the time of platting. 2 General Conditions of Approval 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 Page 27 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 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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 addressed 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. Page 28 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 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. 2.23 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 887-2211. Page 29 C. FIRE DEPARTMENT http://weblink meridiancioy.org/weblink8/0/doc/159193/Pa eI.aspx D. POLICE DEPARTMENT http://weblinkmeridiancity.org/weblink8/0/doc/160226/Pa eg l.aspx E. PARK'S DEPARTMENT Nothing required. F. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ): http://Weblink.meridianciN.00rg/weblink8/0/docl]59240lPa eg 1.aspx G. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridianciiy.org/weblink8/0/doc/159446IPaeg l.aspx H. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://web link.meridiancity.org/weblink8/0/doc/160089/Pa e�spx I. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridianci y.org/weblink8/0/doc/159537IPa eg l.aspx J. ADA COUNTY HIGHWAY DISTRICT (ACHD) D. Site Specific Conditions of Approval Dedicate additional right-of-way to total 37 -feet from the c€:nt+edine line of McDermott Road abutting the site - 2. Construct McDermott Road as'f of a 46 -foot collector street section with vertical curb, gutter and 6 -foot wide detached sidewalk abutting the site. Provide a permanent right -Of- vay easement for the detached sidewalk located outside the dedicated fight -of -way. 3. Construct the internal local streets as 33 -foot wide street section With rolled curb, gutter, an #-foot wide planter strip and 5 -foot wide detached concrete sidewalks, as proposed. The dedicated right-of-way should extend to 2 -feet behind the back of curb,. Provide a permanent right-of-way easement for the detached sidewalk located outside the dedicated rig ht-of-wray_ 4. Construct Vercelli Drive to intersect the future Rico Street located 160 -feet north of Trident Way, as proposed - 5. Cherrybark Drive to intersect future Rico Street is la-c-ated 310 -feet north of Vercelli Drive, as. proposed. 6. Direct lot access to McDermott Road is prohibited and shall be noted on the final plat. Oak -.':Ind SLlbdl'w'I--,lon Page 30 7. Submit civil plans to ACHD Development Services for review and approval_ The impact. fee assessment will not be released until the civil plans are approved by ACHD. 8. Payment of impact fees is due prior to issuance of a building permit. 9. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 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). 2. Private lftW ies including sewer or water systems are prohibited from Ding located .%,ithin the ACHD right-of-way. 3. In .accordance with District policy, 7203.3, the applicant may be req u i red to update any existing non- compliant pedestrian improvements abutting the site to meet current americans with Disabilities Act (ADA) requirements_ The applicants engineer should provide documentation of ADA compliance to District Development Review staff for review_ 4. Replace any existing damaged curls, 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_ 5. A license agreement and compliance-.%ith the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas_ 6. All utility relocation costs associated with imprroving street frontages abutting the site shall be home by the developer_ 7. It is the responsibility of the applicant to verify all existing utilities within the fight -of --way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DICLINE (1-811-342-1585) at least two full business days priorto breaking ground within ACHD right-of-way_ The applicant shall contact. ACHD Traffic Operation 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the Distract. Contact the [district's Utility Coordinator at 387-525B (with file numbers) for details_ 9. All design and construction shall be in accordance with the ACHD Policy Manual, ISFYWC 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 plan_ 10. Construction, use and property development shall be in confomkance with all applicable requirements of ACHD prior to Distract approval for occupancy - 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 authored representative and an authorized representative of ACHD_ The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 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. Page 31 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-513-3E) Required 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 and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to rezone the subject property from the R-15 and R-4 zoning districts to the R-8 zoning districts and to develop 82 new single-family residential homes. The Commission finds that the proposed map amendment complies with the provisions of the Comprehensive Plan. (see section VII above for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-4 and R-8 zoning districts is consistent with the purpose statement for the residential districts as detailed in Section VIII above. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission 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. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. 4. 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 Commission finds that the proposed zoning amendment will not result in the adverse impact upon the delivery of services by any political subdivision providing public services within the City. 5. The annexation (as applicable) is in the best interest of city. This finding is not applicable as the subject request is for a rezone. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The Commission 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. Page 32 Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission 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.) 3. 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 Commission finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Commission recommends the 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.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. The Commission recommends that the 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 the Commission is unaware. 6. The development preserves significant natural, scenic or historic features. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) The Commission is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Page 33