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HomeMy WebLinkAboutStaff CommentsMAYOR Ta®y de Weerd CTTY COUNCII. MEMBERS Keith Bad William LM. Nary Sham Wardle Chazlea M. Rountree MEMORANDUM: To: From: Subject: i, R ~,.. CITY OF C~eri~i~n ~~ IDAHO Mayor and City Council Wendy Kirkpatrick, AiCP, Associate City Planner ~~~ Miscellaneous Application for Cobblefield Crossing Subdivision JUL 0 1 2004 City Of Meridian City Clerk Office • Request to allow duect lot access to North Linder Road from an existing home on Lot 2, Block 2 of Cobblefield Crossing Subdivision (File No. 1bll- 04-005) Staff has reviewed the above referenced sabmittal and offers the following comments. APPLICATION SiTMMARY The applicant, CMD Inc., has submitted a Miscellaneous Application (NII) requesting direct lot access to Linder Road for an existing home in Cobblefield Subdivision. The property is located approximately 1/Z mile south of West McMillan Road on the east side of Linder Road. The site is currently coned R 8. Cobblefield Subdivision is a residential subdivision consisting of 73 residential building lots. When Cobblefield Subdivision (PP-02-022) was approved in 2003, the applicant did not receive approval for direct lot access for this existing home located on Lot 2, Block 2 of the subdivision. Both the Planning and Zoning Commission at their December 19, 2002 hearing and City Council at their January 21, 2003 hearing recommended that the Linder Road access issue be resolved by ACRD. The minutes from the City Council hearing are attached. The Findings of Fact and Conclusions of Law for Cobblefield Subdivision were adopted by Meridian's City Council on February 11, 2003 with a Condition of Approval stating: "If ACRD does not permit direct lot access to Linder Road for the existing house on Lot 2, Block 2, the landscape buffer (Lotl Block 2) shall be required to be twenty-five feet (25') wide adjacent on the southern edge of the property and taper down to fi8een feet (15') wide as it travels north, to accommodate the driveway access to the proposed Cobblefield Drive." c1TY HAl 1. (208) 888-0433 _ Fax 887813 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211-~ Fax 898-9551 LEGAL DEPARTMENT (208) 4669272 - FAX 466-0405 June 28, 2004 __ RE~EI~7ED ACRD issued a letter on June 17, 2004 (after the submittal of the MI application for Cobblefield Subdivision) granting the applicant a temporary right-of--way easement allowing the existing home to access Linder Road. The letter states that that upon redevelopment of the property access should be taken off of Loretta Street. ACHD issued a second letter clarifying the June 17, 2004 ACRD letter regarding the Linder Road access poitrt on June 30, 2004. The letter states that ACHD "normally restricts access to arterial roadways to protect the safety and efficiency of arterial roadways and the individuals that are utilizing the transportation nexwork." The ACHD letter further states that ACHD will gram aright-of way easement for the driveway contingent upon: The Meridian City Council makes a formal action allowing the applicant to cross the landscape buffer that was owned by the City of Meridian with the subdivision plat. AND The Home Owners Association will grant an easement to cross the landscape buffer that was required by the City of Meridian with the subdivision plat. The applicarrt installed a driveway providing direct access off of Linder Road for Lot 2, Block 2 of the subdivision prior to issuance of the June 17, 2004 letter from ACRD. The applicant is seeking approval to main this driveway. Staff is concerned with the approval of the direct access to Linder Road for several reasons. Staff's primary concern is the dangerous situation created by cars backing up onto Linder Road, an arterial street, from the driveway providing direct access to Linder Road. The situation will become more dangerous as traffic increases on Linder Road. Staff has consistently recommended on recent subdivision applications that access points on arterial streets be limited. A secondary concern of staff is the location of the driveway in a landscape buffer owned by the Cobblefield Crossing home owner's association. When Cobblefield Subdivision was originally approved, the location of the driveway i~rtersecting the landscape buffer was not approved by City Council. Lot 2, Block 2 of Cobblefield Subdivision does not currently have frontage to Linder Road due to the landscape buffer between the subdivision lot and Linder Road. A Lot Line Adjustment application modifying the Jandscape buffer should be approved if the applicant is given permission to take access off of Linder Road. If Council chooses to approve the location of the driveway providing Lot 2, Block 2 of Cobblefield Crossing with direct access to Linder Road, staff recommends several Conditions of approval: 1.) Upon redevelopment of Lot 2, Block 2 of Cobblefield Subdivision, the driveway directly accessing Linder Road must be removed. Z.) Upon the widening of Linder Road, the driveway directly accessing Linder Road must be removed. 3.) The driveway must be reconfigured to allow vehicles using the driveway to turn around and enter traffic without having to backup onto Linder Road. 4.) A Lot Line Adjustment application should be completed to modify the landscape buffer between Lot 2, Block 2 of Cd~blefield Subdivision and Linder Road. LOCATION The property is located immediately north of the Baldwin Park Subdivision and directly east of Bridgetower Crossing's office complex, with frontage on N. Linder Road. It is approximately'/4 south of McMillan and has flag-lot frontage on McMillan Road approximately '/< mile east of N. Linder Road. SURROUNDING PROPERTIES North: Rural residential properties (5-acre parcels), zoned RUT (Ada County) South: Baldwin Park Subdivision (phase 2), zoned R-8. East: Cobblefield II, a residential subdivision with R-8 zoning is located directly east of the subject property. West: Bridgetower Crossing Subdivision (office uses), zoned R-4 OWNER OF RECORD The property owners of record are Frank Fisher and Andrea Fisher and they have provided notarized consent for submission of these applications. RECOMbIENDATION Staff has strong concerns regarding the safety of the proposed driveway. If Council chooses to approve the driveway providing Lot 2, Bloek 2 of Cobblefield Subdivision with direct access to Linder Road, staff recommends that the Coancil adopt Conditions of Approval to help mitigate the impacts of the driveway on Linder Road. Staff recommends denial of the proposed driveway if the Conditions of Approval are not adopted by Council BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN C!C Ol/21103 Revised 02/12/03 IN TAE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR COBBLEFIELD CROSSING SUBDIVISION FOR 73 BUILDING LOTS AND 15 OTHER LOTS ON 15.4 ACRES LOCATED Case No. PP-02-022 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY FLAT AT 4450 N. CINDER ROAD, MERIDIAN, IDAHO BY: CMD, INC., APPLICANT The above entitled matter coming on regularly for public hearing before the City Council on January 21, 2003, and David McKinnon Planner II for tha Platutnig and Zoning Department, Brad. Watson of the Pubic Works Department, Rod Ralphs, Tanya Converse, and Brian English, appeared and testified,. and the City Council having received a report from Brad Hawkins-Clark Interim Director for the Planning and Zoning, and Bruce Freckleton, Engineering Technician III, and the City Council having received as part of the record of this matter the recommendation to City Council of the Planning and Zoning Commission and the applicant having submitted the "PRELIMINARY PLAT FOR: COBBLEFIELD CORSSIldG SUBDNISION A PORTION OF THE NW 1/a OF SECTION 36, T.4.N., R.1.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, PRELIlvIINARY STTE PLAN, CLIENT: CMD, INC., JOB NUMBER: 02127.002, CAD FILE: SITELAYOUT, DESGINED BY: SLG, DRAWN BY: SLG, CHECKED BY: JRL, DELNERY FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSIlVG SUBDNISION / (PPA2-022} DATE: 08115/02, SHEET NUMBER: 1, REVISIONS 1: 12!17/02 SLG REVISED PER CITY COMMENTS, STAMED: DEG 17 2002 CITY OF MERIDIAN C1TY CLERK OFFICE, CMD, INC. -DEVELOPER, LEAVTTT & ASSOCIATES ENGINEERS, INC.", CMD, Inc. Developer, submitted for preliminary plat approval and which preliminary plat for approval application is herein received and adjudged by the City Council pursuant to Meridian City Code § 12-3-3. Therefore the City Council makes the following findings: FINDINGS OF FACT 1. That the proposed development is in conformance with the Amended Comprehensive Plan by reason of the fact that it lies within the existing Urban Area as defined in the Meridian Comprehensive Plan Generalized Land Use Map, Infrastructure Planning Analysis Amended Comprehensive Plan Map, adopted August 6, 2002, Resolution No. 02-382, and the property is presently zoned RUT by Ada County, however, an application for annexation and zoning to R-8 is before the Council, and requires connection to the Municipal Water and Sewer System. [Meridian City Code § 11-7-2 D] 2. The preliminary plat is in conformance with the Amended Comprehensive Plan City of Meridian adopted August 6, 2002, Resolution No. 02-382. 3. It is determined that Urban Services can be made available to accommodate the proposed development if the plat complies with the requirements and conditions hereinafter set forth as conditions of preliminary plat approval. 4, The proposed development is a continuity of the proposed development within the City's Capital Improvement Program and if the conditions, which are requested by the Planning FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELINIINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / {PP-02-022) and Zoning Administrator and the Engineering Technician IIi, and as proposed by the developer as stated an the preliminary plat, there will be public financial capability of supporting services for the proposed development. 5. The development if built in accordance with the conditions and as proposed, will not create health, safety or environmental problems and there have been no specifics of any such concerns brought to the Council's attention. 6. It is found that the Recommendation To City Council of the Planning and Zoning Commission is reasonable and appropriate for the conditions of approval of the preliminary plat as hereinafter set forth. The applicant has submitted for consideration of this approval drawing of the preliminary plat herein designated as: "PRELIMIlVARY PLAT FOR: COBBLEFIELD CORSSING SUBDNISION A PORTION OF THE NW `/a OF SECTION 36, T.4.N., R.1.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, PRELIMINARY SITE PLAN, CLIENT: CMD, INC., JOB NUMBER: 02127.002, CAD FILE: SITELAYOUT, DESGINED BY: SLG, DRAWN BY: SLG, CHECKED BY: JRL, DELIVERY DATE: 08f15/02, SHEET NUMBER: 1, REVISIONS 1: 12!17/02 SLG REVISED PER CITY COMMENTS, STAMED: DEC 17 2002 CITY OF MERIDIAN CITY CLERK OFFICE, CMD, INC. -DEVELOPER, LEAVITT & ASSOCL~TES ENGINEERS, INC.". DECISION AND ORDER Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted: FINDII+IGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COHBLEFISLD CROSSING SUBDNISION / (PP-02-022) IT IS HEREBY ORDERED AND THIS DOES ORDER The Preliminary Plat of the applicant as evidenced by "PRELIMINARY PLAT FOR: COBBLEFIELD CORSSIlVG SUBDIVISION A PORTION OF THE NW'/.OF SECTION 36, T.4.N., R.1.W., B.M., ADA COUNTY, IDAHO AUGUST 2002, PRELIMINARY SITE PLAN, CLIENT: CMD, INC., JOB NUMBER: 02127.002, CAD FIDE: SITELAYOUT, DESGINED BY: SLG, DRAWN BY: SLG, CHECKED BY: IRL, DELNERY DATE: 08!15102, SHEET NUMBER: 1, REVISIONS 1: 12/17/02 SLG REVISED PER CITY COMMENTS, STAMED: DEC 17 2002 CITY OF MERIDIAN CITY CLERK OFFICE, CMD, INC. -DEVELOPER, LEAVITT & ASSOCIATES ENGINEERS, INC.", CMD, Inc. Developer is hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Rewmmendations of the Planning and Zoning and Engineering staff as follows: Site Specific Comments / Preliminary Plat Sanitary sewer service to this site shall be via main line extensions from the existing mains adjacent to the property. This development shall be subject to sanitary sewer latecomer fees to reimburse those responsible for extending sewer service into the area. The latecomer fees for each lot shall be due and payable upon signature on final plat. 2. Domestic water s ervice t o t his s ite s hall b e v is m aim 1 ine a xtensions f rom t he existing mains adjacent to the property. 3. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby malting them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (PP-02-D22) 4 4. The applicant has indicated that a pressurized irrigation system will be provided within this development will be to be owned and maintained by the Settler's hxigation District, revise the plat to show how the system is going to be served (ie connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this develogment. The City of Meridian requires that pressurized irrigation systems be supplied by ayear-round source of water. Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 5. A detailed fencing plan shall be submitted upoa application of the final plat. A 6- foot solid fence shall be required along the north and east boundaries of the subdivision unless the City agrees in writing that such a fence is not required. 6. Setbacks within the subdivision shall be reduced to allow 5-foot side yard setbacks regardless of number of stories, provided no fences or other structural encroachments be pemutted in any required side yard setback area. 7. In accordance with MCC 12-13-10-8, Applicant shall provide detached sidewalks adjacent to N. Linder Road. 8. Street side setbacks shall be reduced to 10-feet, provided that a condition of this plat shall be that all struchues constructed within 20 feet of a side street shall provido at least one window of at least six (ti) square feet in size. 9. Add or revise the following preliminary plat notes: • Correct #1 ofthe "Development Data" table to reflect the number of buildable lots is 73, not 72. • Add a note to face of the plat regarding the "Right to Farm Act" 10. Submit ten (10} copies of a revised plat to the City Clerk's Office. General Cormnents 1. Submit a copy of the Ada County 5ireet Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any FIlJDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDNISION / (PP-02-022) 5 corrections necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 4. All pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat application. 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC12-13-10-8. 100-watt, high-pressure sodium streetlights will be required. at locations designated by the Public Works Department. All streetlights shall be installed at snbdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. Al] irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate imgation/drainage district, or lateral users association (ditch owner's), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plena will be reviewed and approved by the meridian City Engineer prior to final glat signature. 9. Submit all updatEd groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be deaigned to ensure that water is retained only during 25-year storm events, and for a period of tithe not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPRQVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (PPA2-022) 10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 4-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 13. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material, 14. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. 15. If ACRD does not permit direct lot access to Linder Road for the existing house on Lot 2 Block 2, the landscape buffer (Lot 1 Block2) shall be required to be twenty-five feet {25') wide adjacent on the southern edge of the property and taper down to fifteen feet {] 5') wide as it travels north, to accommodate the driveway access to the proposed Cobblefield Drive. B. Adopt the Recommendations of ACHD as follows: Site 5oecific Conditions ofAporoval 1. Dedicate 48-feet of right-of--way fra~m the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACI-ID Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value oftheright-of--way F]NDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTfIONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (PP-02-022) 7 dedicated which is an addition to existing ACRD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time (currently Ordinance # 195}, OR Dedicate 38-feet ofright-of--way firm the centerline of Linder Road and McMillan Road abutting the parcel by means of a warranty deed. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of--way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of--way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACRD Ordinance in effect at that time {currently Ordinance #195}. 2. Construct a 5-foot concrete sidewalk located 2-feet within the right-of- way (if the dedicatedright-of--way is 4&feet from centerline) or if the sidewalk is outside of the right-0f--way, place the sidewalk within an easement. Construct the main entrance, Cobblefield Drive, to intersect Linder Road approximately 140-feet north of the south property line, as proposed. 4. Constnrct all of the internal roadways as 36-foot street section with curb, gutter and 5-foot concrete sidewalk within 50-feet ofright-of--way, as proposed. Construct a stub street to extend to the south property line approximately 1,000.feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 6. Construct a stub street to extend to the north property line approximately 1,340-feet east of Linder Road, as proposed. Install a sign at the terminus of the roadway stating that, "T'H1S ROAD WII.I, BE EXTENDED 1N THE FUTURE", FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRFt.1MiNARY PLAT COBBLEFIELD CROSSING SUBDIVLSION / (PP-02-022) 7. Construct two knuckles with islands within the subdivision, as proposed. Construct the islands within the knuckles to provide a minimum of 4-feet in width with a minimum azea of 100-square feet and provide a minimum of a 29-foot street section for the roadway around the traffic island. 8. Any proposed landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. 9. Provide a minimum of 21-feet measured from back of curb to back of curb on either side of a proposed island or median. 10. Enter into a development agreement regarding the location, costs and terms associated with the "temporary stub street". 1 i. Other than the access that has been approved with this application, direct lot access to Lmder Road and McMillan Road is prohibited. 12. Comply with all Standard Conditions of Approval. Standard Coaditioas of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of- way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6284 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTI'IONAL APPROVAL OF PRELIMINARY PLAT COBBLEPIEI.D CROSSING SUBDMSION ! (PP-02-022} issuance of building permit (or other required permits}, which incorporates any required design changes. Constnaction, use and property development shall be in conformance with all applicable requirements of the Ads County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of--way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACRD 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 consh~uctian. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change firm the Ada. County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the dme the change in use is sought. C. Adopt the Meridian Fire Department Recommendations as follows: One and two family dwellings will require a Sre-flow of 1,000 gallons per minute available for a duration of 2 hours to service the entire project. Fire hydrants shaft be placed an average of 400' apart. 1997 iIFCAppendix 1II-A FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELIMIIYARY PLAT COBBLEFIELD CROSSING SlJBDNISION / (PP-02-022) 10 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. 4. The phasing plan may require that any roadway. greater than 150' in length that is not provided with an ouklet shall be required to have a turn azound. 5. All roads shall have a fuming radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation per section 1103.2.4 of the Uniform Fire Code. 7. Operational fire hydrants and temporary or permanent street signs are required before combustible constmction begins. UFC 901.4.2 & 9013 8. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. It is recommended that a stub street be extended to the East between Lots 16-18 on Block 3, to provide a second point of access to the project. UFC 902.2,1 Revised plans that have been submitted indicate a connection on the East end of the proj ect. 9. The roadways shall be built to Ada Caunty Highway Standazds and shall have a clear driving surface, available at all times, which is 20' wide. Lots 8, 9,10, 11, 12, 13, 14, 15 on Block 4 shall be pasted `No Parking Fire Lane". UFC 902.2 10. Building setbacks shall be per the Building Code for one and two story construction. 11. The roadways shall be built to Ada County Highway Standards and shall have a clear driving surface, available at all times, which is 20' wide. The lots adjacent to the knuckles on Blocks 6, 7, 8 & 9 shall be posted "No Parking Fira Lane". UFG 902.2 D. Adopt the Central District Health Department Recommendations as follows: FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDTTIONAL APPROVAL OF PRELIIvIINARY PLAT COBBLEFIELD CROSSING SUBDNISION / {PP-02-022) 11 1. The Applicants central sewage and central water plans must be submitted to and approved by the Idaho Deparhnent of Health & Welfare, Division of Environmental Quality. 2. Run-off is not to create a mosquito breeding problem. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water q~tY 4. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. E. Adopt the action of the City Council taken at their January 21, 2403 meeting as follows: 1, For clarification, the stub roads shall remain as they aze presently shown on the prelimuiary plat. 2. The Applicant shall be required to submit a fencing plan with the final plat. By action of the City Council at its regular meeting held on the l ~'~ ~ dayof ~YU,dIV,d{l , 2403. ROLL CALL couNCU.MAN B1RD COUNCILWOMAN deWEERD COUNCILWOMAN McCANDLESS voTED ,~h&~t VOTED VOTED COUNCILMAN NARY MAYOR ROBERT D. CORRIE (TIE BREAKER) DATED: 2-l I-o3 VOTED VOTED FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDITIONAL APPROVAL OF PRELINIINARY PLAT COBBLEFIELD CROSSING SUBDMSION / {PF-02-022) l2 MOTION: APPROVED• DISAPPROVED: Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: ~.~-l,~ ~....~G~-, , city cleric ``~»au Ulllupq r r o' pF Mtl~j `rr r a-ia -v3 ~,^~ ~ '` :' 90 rt~c. ,~~ Z:1WarkIMlMaridianlMendian 15360M1CobblereldCrossingSubAZ-02.024 PP-02-022 COP-02-032\FPCIsOidPP.dae FIIVDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDPITONAL APPROVAL OF PRELIMINARY PLAT COBBLEFIELD CROSSING SUBDIVISION / (PP-{f2-022} 13 Meridian City CounGl January 27, 2003 Page 9 of 62 changes that were requested and all those changes have been made by the applicant. The application you have in front of you meets all the requirements that the Planning and Zoning Commission has set forth for you tonight. There were some minor modifications, such as notes added to the plat, that still need to be made by the applicant. However, it now meets all the requirements of the city for the Planned Development Ordinance, among those would be the requirement for two amenities. One of the amenities they have provided is the aforementioned pathway and the large open space lot, which was discussed at the last meeting that could possibly turn into a swimming pool and a clubhouse for the subdivision. Staff supports the application that's in front of you tonight. There is only one item of discussion that staff feels should be brought up to you at this time and it has to deal with Page 5 of the recommendation for the Conditional Use Permit, that's Item Number 15. Tha# recommendation was an and/or recommendation from the Planning and Zoning Commission. It was setting aside with - it was set aside as an and/~, because tliere was some discussion at the Commission level that required additional discussion with ACHD and I will highlight that for you. As noted in the applications, there is one single-family existing home. That single-family existing home is located on Linder Road and that's the highlighted portion that I have got right now. It fronts onto Linder Road right now. In the different revised plats that we have seen for this, we have seen two different designs for this house to either take access off of the main road into the subdivision or to have the house continue to have access off of Linder Road. It was decided at the Planning and Zoning Commission level that there could be an and/or recommendation, that if ACHD were to approve access off of Linder and the city approve access off of Linder, the existing driveway for the home could remain. However, should ACRD and the city desire that they bring in the access from the northern boundary of the property heading south to the existing garage -the existing garage is on the south side of the property facing west -- that if the city and ACRD require that it be brought in this way, that they bring in the driveway this way and dose the driveway onto Linder Road. That's the major issues that we, as staff, have and we feel that should be brought up to you. At this time, I would ask if you have any questions of staff. De Weerd: Council, any questions at this time? Okay. Is the applicant present? Okay. Come on up if you will raise your right hand. Do you promise and affirm that the testimony you give tonight is the truth, the whole truth, and nothing but the math, so help you God? Ralphs: Yes. De Weerd: Okay. Please state your name and address. Ralphs: My name is Rod Ralphs. I live at 2730 North Greenbelt Place here in Meridian. I represent the applicant CMD, Inc., the developer. Prior to responding to any questions the Members of the Councl may have, I have some proposed layouts of elevations of homes that would be going into the subdivision. One of the things that we have gone through -- thank you, staff. One of the things that we have tried to create with a fairly unique property was kind of a neighbor or very close-knit neighborhood, almost like a north end look, and that's what we tried to accomplish. These are some elevations and I have some here that 1'd like to hand out to Council, if I may approach. Meridian City Council January 21,2003 Page 21 of 62 De Weerd: Oh, I thought it was the CUP. McKinnon: I'm sorry. It's on the Preliminary Plat. Nary: I was just looking at the wrong recommendation McKinnon: Madam Chairman, you're right -- I mean Madam President, you're right, I did say the Conditional Use Permit, but it is in the Preliminary Plat. De Weerd: Thank you. Nary: And, then, looking at that -it's Page 5, Number 15, and which -just refresh my memory, which of those ones did you say was recommended? McKinnon: Both were recommended. Nary: Well, but -- by you, not by the Planning and Zoning Commission. If we are going to make a motion, which one are we supposed to pick because I can't remember what you said? McKinnon: Madam President, Coundlman Nary, staff doesn't have a strong opinion either way. It's sixes either way if look at it. One, you would have the landscape buffer that would be a solid landscape buffer that would match up with the solid landscape buffer to the south, with no penetrations through it. Otherwise, you would have a driveway that breaks up a landscape buffer. You would have a landscape buffer, driveway, landscape buffer, road, landscape buffer, and so it's a little bit leaner if you don't have the driveway there. You do have a house that has a garage that fronts onto Linder, and so it may just be appropriate to leave it on Linder or leave it up to ACHD and leave the same language as is and allow ACHD to make that decision. Nary: So we could leave this recommendation, if we were going to approve this, the way it is and wait and see what ACHD recommends. McKinnon: That's correct. If you were okay with both of those. If you had an opinion either way, you should make it in your motion. Nary: All right. Thank you. De Weerd: Okay any other questions for staff? I would entertain a motion. Mr. Bird. Bird: I would move that we approve AZ 02-024, the request for annexation and zoning of 15.4 acres from RUT to R-8 zones for proposed Cobblefield Crossing Subdivision by CMD, Incorporated, 4450 North Linder Road and for the attorney to draw up Findings of Facts and Conclusions of Law and Derision of Order and to include all staff comments. De Weerd: Do I hear a second? Okay. That motion dies. Do we have another motion? Meridian City Council January 21,2003 Page 41 of 82 Bird: Yes that was inGuded in staff comments, I believe. Nary: I think we have discussed it. I don't remember if that was in the staff recommendations. We discussed tha# that was a condition that we have placed in other properties, including the adjacent property. Bird: Yes, that does include that. De Weerd: Okay. Bird: If second accepts. Nary: Yes. De Weerd: Any further discussion? Okay the motion is to approve the request for annexation and zoning for Cobblefield Crossing Subdivision, to include all staff comments, and the additional language on the roadways. Mr. Clerk. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. MOTION CARRIED: ALL AYES De Weerd: Okay Item Number 11, PP 02-022. Bird: Madam President? De Weerd: Mr. Bird. Bird: I would move that we approve PP 02-022, the request for Preliminary Plat approval of 73 building lots, and 15 other lots on 15.4 acres in a proposed R-8 zone for proposed Cobblefield Crossing Subdivision by CMD, Incorporated, 4450 North Linder Road. For the attorney to draw up the Findings of Facts and Conclusions of Law and Decision of Order and to leave the stub roads as shown on the Preliminary Plat as now. Nary: Second. De Weerd: It's been moved and seconded to approve the Preliminary Plat for Cobblefield Crossing Subdivision any further discussion? Nary: Madam President? De Weerd: Mr. Nary. Nary: Mr. Bird, there was the question of that -- about the alternatives on the site- specific conditions, whether the - in regards to the existing house. There is the either/or to leave -- Bird: The either/or - Meridian City Council January 21,2003 Page 42 oP 62 Nary: - or to eliminate the first option, which would require that the access be not on Linder, but on the - Bird: And he said that the applicant agreed to that as the way we have it. Yes. That's fine. Nary: So we would eliminate the first of the either/oi'? Bird: Yes. Nary: Okay. I agree. De Weerd: Is the fencing issue on the Preliminary Plat or on the CUP? I thought you could answer that quicker than 1 could find it on my -- McKinnon: I believe it's in the Preliminary Plat. It was a requirement that they submit a fencing plan with the Final Plat. De Weerd: Yes. Nary: Condition 5 I think he said they would agree to put a hot wire or whatever to eliminate any poterrtial damage to the fence. De Weerd: Okay. Nary: So that would - I guess that would be part of the conditions that -- De Weerd: Okay so are you ready for the question? Nary: Yes. De Weerd: We don't need roll call vote on this - McCandless: Yes, we do. De Weerd: Okay. Okay. Oh so, Mr. Bird, roll call vote. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Okay Item Number 12, CUP 02-032. Bird: Madam President? De Weerd: Mr. Bird. Bird: I move that we approve CUP 02-032, request for a Conditional Use Permit for a PUD for 64 single-family detached houses, eight single-family attached houses, and one single family existing home on 15.4 acxes in a proposed R-8 zone for the proposed Meridian City Council January 27,2003 Page 43 of 52 Cobblefield Crossing Subdivision by CMD, Incorporated, 4450 North Linder Road. For the attorney to draw up the Findings of Facts and Conclusions of Law and Deasion of Order and to include all staff comments. Nary: Second. De Weerd: Okay it's been moved and seconded to approve the Conditional Use Permit 02-032. Mr. Berg, roll call vote. Roll call: McCandless, aye; Nary, aye; de Weerd, aye; Bird, aye. De Weerd: Thank you very much. Appreciate your working together on this. MOTION CARRIED: ALL AYES Item 15. Public Hearing: Wireless Communications Tower Ordinance: De Weerd: Okay Item Number 15, Public Hearing for the Wireless Communication Tower Ordinance. Mr. McKinnon, we'll start with the staff comment. McKinnon: Thank you, Madam President, Members of the Council. You should have received three differen# sets of ordinances tonight and, as we stated, we are just going to talk first about the Wireless Communications Tower Ordinance. The reason that this is before you tonight is the Planning and Zoning Commission has made the recommendation to you that this should be adopted and it basically does a few things for the city. One -first of all, it sets the standards. Currently, we have no standards for cell towers. Someone comes in, automatically, it's an unlisted use, and it's a Conditional Use Permit. We have no standards for design or no standards for location, so this will give us some standards. The second thing this ordinance will do for us, it will provide some guidelines for stealth towers. We would like to encourage the use of stealth towers and have made it easier to receive approval for stealth towers and to allow stealth towers in residential districts through a Conditional Use Permit where a standard cell tower would not be allowed. Finally, what this ordinance does is it provides additional noticing requirement that people within 600 feet of the proposed cell tower receive notification, rather than the standard 300 feet for that. We will be able to notice more people, we will have some design standards, and we will be able to encourage the type of cell towers in Meridian that we would like. Among the standards that we would be adopting would be a co-location standard, which would require people that build towers in the City of Meridian to provide those towers to be available for other people to provide their services on the tower. Rather than have Meridian turn into a cell tower farm with numerous cell towers, you would have one cell tower with at least two, if not three, accompanying uses on that. That's it in a nutshell. !assume that you have had the opportunity to read through this ordinance and I stand and ask if you have any questions at this time. De Weerd: Counal, do you have any comments or questions? Nary: Madam President? 07/01/2004 14:53 FA% 2088888854 MERIDIAN P&Z DEPT. + City Clerk @1001 06/30/200a 1a: a5 208-387-6393 ACHD PLANNING PAGE 01!01 t~= """~ I ~''' Ada County Highway District Dave E, Wyntreop 7st Yce President Susan S. Eastlake, 2nd Vtoe President Sheny R. Huber, Qommlaslonar 3775 N. Adams Streak Garden City ID 837ia84s9 Phone (208) 38T-8100. FAX f206) 387.8391 June 30, 2004 ~j ~ ~j 'I'o: City of 1Keaidian - P)saniag and Zoning Division ~~! ~ ~ d.'~' ~. ~..LJ 660 East Watcrtower Lang Sititc 202 JUG 0 1 Meridian, Idaho 83642 2004 Subjece: 1rI114I04-DOS City Of Meridian ' Miscellaxous request ro allow direct lot aeocas to N. Linda Road City Clerk Office Lott, flock 2, Cobbkfuld Crossing #1 Lot 2, Block 2 of Cobblofield Crossing #1 ss er~r~ly require8 to rake access m Lootetta Street based upon the access reetuetion that is nored oa the Seal plat, The applicant u euaenrly befarc the Merdiaa City Council to request a waiver that would allow Lot 2, Block 2 of CobbkScld Crossing #1 to rake direct aacass to Linder Road, Tba Dis¢~ict normally trestoicts ecce4s W aitetial roadways to prokct the safety and e~eimcy of arterial roadways and the individuals that are utilizing the trsnspormtlon nctworlt The District always prefers that tesideotisl lots take access from interoal local madaays es opposed to accessing a[btn'ial roadways due to the foot that ttaffe volumes and eoaflieta an signiS.eaotly greater roe arterial roadways. Currently Lindex Road bas approtumatcly 6,000 vehicle trips pct day. klflar mvievriag the existing stureuue on Lot 2, Block 2 of Cobblefield Crossing #1, the District bas delermitaed that they vvi]) , ivodc with the City of Meridian and the appliesat and will grant a tempoeazy rightof--way eesgnertt allowing the existing borne to necess Littler Road until such crime as the property is ECIIiFR redeveloped for a land nde other tlma single-taiaa'ly residential qR the hotae is rebm7t When the property is rcdetreloped m the existing home is rebuilt, the access shall be: taken from the inttmal subdivisien road, Lacctta Street The District will grans the said right-of-way easement flu the driveway contingent upon: The Meridian City Council makes s formal action allowing the applictat to arose the Ltndscape buffer that was ' required by &e City ofNferidirm with the subdivision plat. ANA The Some Otetrets Association will grant sa eaa~ e±+r to cross the landscape buffxr that was required by 6te City of Meridiem with the subdivision phrt. Ifyon have anq gvesdoas, please fee) free to cotttactrac at 208-387-6180. Sineece l GazY` las~elmfa . Right-of-Way sari Dcvelopmen! Services Assistant Manager CC: Pacil3e Development, Inc. 3101 W. Champagne Fzgle, Idaho 83616 JUL 01 '04 15 12 2088886854 PAGE.01