HomeMy WebLinkAboutPackard Acres No. 3 PP
AZ 04-005
MERIDIAN PLANNING & ZONING MEETING September 16, 2004
APPLICANT Packard Estates Development, LLC ITEM NO. 10
REQUEST Public Hearing: Annexation and Zoning of 5.27 acres from RUT to R-8 zone
for Packard Acres Subdivision No.3 - east of North Locust Grove Road and south of
East Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
See attached staff comments
CITY POLICE DEPT:
CITY FIRE DEPT:
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CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
No comment
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
See attached comments
NAMPA MERIDIAN IRRIGATION:
No comment
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Emailed:
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Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Tammy de Ween!
HUB OF TREASURE VALLEY
A Good Place to Live
33 EAST IDAHO
MERIDIAN, IDAHO 83642
(208) 888-4433, FAX (208) 887-4813
City Clerk Office F.. (208) 888-4218
LEGAL DEPARTMENT
(208) 466-9272 . F.. 466-4405
PUBLIC WORKS
BUILDING DEPARTMENT
(208) 898-5500. Fax 887-1297
CITY COUNCIL MEMBERS
William LM. Nary
KeithBinl
ShaUll Wardle
Charles M. Rountree
CITY OF MERIDIAN
PLANNING AND ZONING
DEPARTMENT
(208) 884-5533 . FAX 888-6854
STAFF REPORT:
Transmittal Date: September 10, 2004
P&Z Hearing Date: September 16, 2004
To:
Mayor, City Council and Planning & Zoning Commission RE C E IVE D
Brad Hawkins-Clark, Principal City Planner~
Bruce Freckleton, Senior Engineering Tech ~
Packard Acres No.3 Subdivision - REVISED
. Annexation and Zoning of 5.27 Acres trom RUT to R-4 (Low Density
Residential), by Packard Estates Development, LLC (File No. AZ-04-005)
SEP 1 3 2004
From:
Re:
City Of Meridian
City Clerk Office
. Preliminary Plat for Twenty (20) Building Lots and One (1) Other Lot on 5.27
Acres in a Proposed R-4 Zone, by Packard Estates Development, LLC (File
No. PP-04-006).
We have reviewed the above referenced submittals and offer the following comments, as
conditions of approval. These conditions shall be considered in full, unless expressly
modified or deleted by motion of the Meridian City Council:
[7/22/04 Revision Note: This revised staff report is based on the revised Preliminary Plat dated
7/22/04 (revised application form is dated 8/9/04) and the revised annexation and zoning
application (also dated 8/9/04). The report is substantially similar to the staff report dated
, 4/12/04 which was based on the original version of the preliminary plat. The plat submitted with
the first application was dated February, 2004 and has been revised several times. The most
substantial modification to date is the relocation of the common lot/open space from Wingate
Lane to the east side of Devlin Avenue in Block 5. This modification was made as a result of the
May 18th City Council hearing where the council remanded the preliminary plat back to the P&Z
Commission. (See below for fùrther explanation.) ]
BACKGROUND / PRIOR ACTIONS
On April 15, 2004, the Planning & Zoning Commission recommended approval of Packard
Acres Subdivision No.3 to the City Council (both the Annexation/Zoning and Preliminary Plat).
At their May 18 hearing, the City Council closed the public hearings and ordered the City
Attorney to prepare Findings of Fact and an Order of Decision for approval of the annexation
and zoning (to R-4), denial of the variance application (for a reduced front setback for the
existing house) and they remanded the preliminary plat to the P&Z Commission (see below for
their reasons). Then, on June 2200, after the applicant chose to submit for an R-8 zone (instead of
the original R-4), the City Council agreed to not adopt the Findings for approval of the
annexation. Instead, they also remanded the annexation and zoning (AZ-04-005) back to the
Commission for a new recommendation. Both of the applications were re-noticed by the City
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Clerk for a new public hearing before the Planning & Zoning Commission for September 16,
2004.
The reason the applicant did not want to proceed with the approved R-4 zoning is that one of
their options to reconfigure the plat to address City Council's concerns included some lot sizes
below the 8,000 square foot minimum size. They submitted a revised preliminary plat in July
that showed the same street layout but increased the number of buildable lots by reducing several
lot sizes. However, after holding a neighborhood meeting and further consideration, they chose
to revert back to the original R-4 zone and now have all lot sizes above 8,000 square feet and
above 80-foot ITontages.
Reasons for Remand of Preliminary Plat
Below are the reasons listed in the Order to Remand for the preliminary plat application, as
ordered by City Council at their 6/01/04 meeting:
1. The Applicant desires to preserve and integrate the existing house into the
development but the existing house is not in compliance, nor compatible, with the
remainder of the homes in Packard Acres No.3, as well as No.1 and No.2.
2.
The present open space is possibly in an inadequate location, and the design is
perhaps inappropriate and incompatible with the surrounding property owners,
including Wingate Lane.
3.
The shift in the alignment ofE. Meadowgrass Street just slightly to the south
perhaps is unnecessary and not practical.
[These issues were addressed in the applicant's revised plat and, in stafJ's opinion, have been
adequately addressed. Since they are now proposing to remove the existing house, no variance
application is necessary.]
APPLICATIONS SUMMARY
The applicant, Packard Estates Development, LLC, has applied for annexation and zoning and
preliminary plat approval of twenty (20) building lots and one (1) other lots on 5.27 acres of land
on the west side of Wingate Lane (private), approximately 2,000 feet south of Ustick Road.
There are two (2) separate county parcels and one (1) existing house within the boundaries of the
proposed plat. The subject property is an infill parcel, as defined by Meridian City Code (MCC),
and is surrounded by single family detached residential subdivisions on the east, west and north
boundaries. The land is designated as Medium Density Residential on the Future Land Use Map
and the applicant has requested all of the property be zoned R-4.
The proposed subdivision includes public street access via two (2) existing stub streets ITom
Packard Acres No.2 to the north (N. Lapis Ave. and N. Devlin Ave.) and one (1) existing stub
street ITom Packard Acres No.1 to the east (E. Meadowgrass St.). E. Challis Street on the north
end of the parcel is already constructed with curb, gutter and sidewalk. The Ada County
Highway District (ACHD) approved the revised preliminary plat layout on September 3, 2004.
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The proposed building lots are all standard R-4 sizes with a minimum lot size of 8,000 square
feet. The gross density ofthe proposed subdivision is 3.79 dwelling units per/acre. This complies
with the Comprehensive Plan future land use designation of Medium Density Residential (up to
8 dulacre). The plat contains the required 5.0% open space (excluding the 15' wide private road
easement for Wingate Lane) within a single lot, centrally located in the subdivision. It is
proposed as a single phase development. No variances or exceptions to any dimensional
standards are proposed with this revised plat.
On September 2, 2003, the Meridian City Council approved a staff-initiated application (FP-03-
038), which removed two of the Packard Acres No.2 Final Plat conditions. The application was
submitted due to a lack of clarity and enforceability in the way two conditions were approved
regarding the maintenance and crossing of Wingate Lane. Specifically, the application removed a
condition that a gate be constructed on E. Challis Street on both sides of Wingate Lane and a
condition which required the developer to repair any damages to Wingate Lane that were caused
by contractors. The application did not amend conditions related to the Wingate Lane private
road easement and access restrictions to the lane. This report recommends that the same
conditions be applied to lots that abut Wingate Lane in order to maintain consistency.
Staff is recommending approval of both subject applications with conditions.
LOCATION
The property is located on the west side of Wingate Lane (private), approximately 2,000 feet
south of Us tick Road. It is located in Township 3 N., Range I E., Section 5.
SURROUNDING PROPERTIES
North: Packard Acres Subdivision No.2, zoned R-4
West: Chateau Meadows East Subdivision, zoned R-8.
East: Packard Acres Subdivision No.1, zoned R-4.
South: An unplatted, 5-acre parcel with a single family residence and several outbuildings,
zoned RUT.
OWNERS OF RECORD
The property owner of record is Packard Estates Development, LLC. Wirt Edmonds,
representing the owner, has provided notarized consent to Tealey's Land Surveying for
submission of the applications.
ANNEXATION & ZONING ANALYSIS
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both
the P&Z Commission and Council are required "to review the particular facts and circumstances
of each proposed zoning amendment in tenns of the following standards and shall find adequate
evidence answering the following questions about the proposed zoning amendment."
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Planning & Zoning Commission/Mayor & City Council
September 16, 2004 (P&Z Hearing Date)
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The following is the list of standards found in 11-15-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive Plan
amendment;
Staff finds that the proposed zoning designation, R-4, is hannonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be Medium Density Residential. There is a minimum target density
of three (3) dulacre in the Comprehensive Plan and Packard Acres No. 3's gross density
is 3.49 dulacre. In addition, Chapter VII of the Plan encourages infill development and
the connectivity of subdivisions, which this subdivision accomplishes.
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
Staff does not anticipate that the applicant intends to rezone the subject property in the
future. Besides the 5-acre, undeveloped parcel to the south (owned by the Sharps), there
are several large, undeveloped county parcels to the north of the site on the south side of
Ustick Road. Rezone applications are anticipated on these parcels in the future.
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a residential area
turning into a commercial area by means of conditional use permits;
Staff finds that the proposed single family residential subdivision would be allowed
within the requested zoning district of R-4. The accompanying preliminary plat
demonstrates the land will be developed in lot sizes, housing types and other dimensional
requirements that conform to the new zoning.
Has there been a change in the area or adjacent areas which may dictate that the
area should be rezoned. For example, have the streets been widened, new railroad
access been developed or planned or adjacent area being developed in a fashion
similar to the proposed rezone area;
Staff finds that the land directly north, west and east of the subject property is annexed
and constructed similar to the proposed subdivision (Packard Acres and Chateau
Meadows East subdivisions). The majority of the subject section (T3N, RIE, 5) is
designated for residential development similar to the proposed project. Staff finds there is
adequate public street infÌ"astructure, emergency access and other municipal services to
serve this infill site. The proposed number of new units (20) is not anticipated to create a
demand that the existing infÌ"astructure cannot handle.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character
of the general vicinity and that such use will not change the essential character of
the same area;
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Staff finds that the proposed single family residential use will have some change impact
on the existing character of the adjacent county parcel to the south. The intended
character of the subject parcel and the immediate vicinity is low to medium density
residential uses. The proposed use confonns with the Future Land Use Map. The design
and density confonns to the Comprehensive Plan policies. To avoid street maintenance
problems due to gravel being tracked onto the roadway, ACHD is requiring the applicant
to pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis
Street its full width and at least 3D-feet beyond the edge ofthe concrete sidewalks.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written) to
determine whether or not the proposed uses will be disturbing or hazardous to the
existing or future neighboring uses.
Staff does not anticipate that the proposed residential uses will be hazardous as long as
construction traffic and house construction is conducted in a manner consistent with
Meridian City Code.
G.
Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed zoning
amendment shall be able to provide adequately any of such services;
Staff finds that the property to be annexed will or can be served adequately by essential
public facilities and services if all conditions of approval are met by the applicant. All
public streets that can be extended into the property are proposed to be extended and
utilized. The applicant will be required to extend water and sewer lines to and through the
proposed development, thereby making them available to the undeveloped property to the
south. The applicant and/or future property owners will be required to pay park and
highway impact fees as well as construct on-site stonn water drainage facilities.
Please review ACHD, Police and the Fire Department's comments concerning this
subdivision for further infonnation regarding public services and facilities.
H.
Will not create excessive additional requirements at public cost for public facilities
and services and will not be detrimental to the economic welfare of the community;
Staff finds that there will not be excessive additional requirements at public cost for
public services and facilities, if the applicant complies with the conditions of approval for
the accompanying conditional use pennit and preliminary plat applications.
I.
Will the proposed uses not involve uses, activities, processes, materials, equipment
and conditions of operation that will be detrimental to any persons, property or the
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general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
Staff recognizes that traffic and noise will increase upon build-out of the proposed
subdivision. ACHD projects the development will generate 200 additional vehicle trips
per day. However, staff does not feel that the amount generated will be detrimental to the
public welfare if all City and ACHD conditions of approval are met.
Staff finds that the proposed subdivision will not involve uses that would create other
nuisances that would be detrimental to the general welfare of the surrounding area.
J.
Will the area have vehicular approaches to the property which shall be so designed
as not to create an interference with traffic on surrounding public streets;
Staff finds that the applicant's companion preliminary plat demonstrates the vehicular
approaches and public streets will be designed in a logical and safe manner. In addition,
the ACHD Commission approved the preliminary plat application and the proposed
vehicular approaches/access points. The Commission and Council should review ACHD
comments concerning vehicular approaches and traffic generation.
K
Will not result in the destruction, loss or damage of a natural or scenic feature of
major importance; and
Staff finds that no natural or scenic features of major importance will be lost or damaged
by approving the annexation and rezone. Any existing trees larger than 4" caliper that are
removed shall be mitigated for, per the Landscape Ordinance.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord.
592,11-17-1992)?
Staff finds that all essential services are available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. The
applicant is proposing to develop the land in substantial compliance with the City's
comprehensive plan (medium density residential) and infill policies/goals. The land east,
west and north of the subject property has already been annexed and this is a logical
expansion of existing zoning and land uses.
ANEXA nON AND ZONING CONDnONS OF APPROVAL
1. The legal description submitted with the application (dated 6-15-04, stamped by David N.
Marks) shows the property as contignous to the existing corporate boundary of the City of
Meridian.
2. Any existing domestic wells and/or septic systems within this project will have to be
removed fÌ"om their domestic service, per City Ordinance Section 5-7-517, when services are
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available fÌ"om the City of Meridian. Wells may be used for non-domestic purposes such as
landscape irrigation.
3. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing
or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13.
Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the Public
Works Department. If lateral users association approval can't be obtained, plans will be
reviewed and approved by the Meridian City Engineer prior to final plat signature.
4. Any future subdivision, uses and construction on this property shall comply with the City of
Meridian ordinances in effect at the time.
PRELIMINARY PLAT FINDINGS AND REOUIREMENTS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision, the Commission/Council shall consider the objectives of this title and at least the
following:
a. The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds that the proposed application is in substantial compliance with the adopted
Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density,
3.79 dulacre (gross), is in compliance with the land use classification, medium density
residential, noted on the map.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are available to accommodate the proposed development.
(See the findings under "Annexation and Zoning" for more detail.)
c. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not require the expenditure of capital improvement
funds.
d. The public t"mancial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments fÌ"om the public
service providers (i.e. police, fire, ACHD, etc) to determine this finding.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
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Staff finds that there are no other health, safety or environmental problems associated
with the proposed development.
SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1.
At the P&Z Commission public hearing, the Applicant shall clarifY the construction type,
materials and height of perimeter fencing proposed for the subdivision. Said fencing
agreed upon at the P&Z Commission hearing shall be a requirement of the final plat
application.
2.
The existing residence shown on Lots 20 and 21, Block 5 shall be removed prior to the
issuance of any building permits within the subdivision.
3.
If the subject application is approved, the following conditions shall be placed on the
final plat:
a. Direct lot access to Wingate Lane is specifically prohibited.
b. Widen the Wingate Lane private road easement width to twenty (20) feet for the
distance adjacent to the plat boundary to match the Packard Acres No.2 width.
c. The developer shall have their attorney draw up a release of dominant parcel
interest in the private lane easement and record it prior to signature on the final
plat. Also, provide a recorded copy of deed restrictions to prohibit access to
Wingate Lane and forbid gates or removal of permanent fencing on these lots
prior to applying for building permits.
4.
A permanent fence matching the existing Packard Acres No.2 materials shall be
constructed by the developer on the western boundary of the Wingate Lane private road
easement.
5.
Lot 16, Block I shall be fÌ"ee of "wet ponds" or other such nuisances. All stormwater
detention facilities incorporated into the required open space are subject to Ordinance 12-
13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plans.
6.
Please submit any up-to-date groundwater monitoring data to the Public Works
Department for review. All drainage areas (detention/retention basins) must be designed
to ensure that water will percolate or discharge within a period of time not to exceed 24
hours for all storms up to and including a 1O0-year storm event. Side slopes within
drainage areas shall not exceed 3:1. The project engineer should pay close attention to
the results of field studies determining the groundwater, soil type & and characteristics
during the design and construction phases. The engineer shall be required to certifY that
the street centerline elevations are set a minimum of 3-feet above the highest established
normal groundwater elevation. This is to ensure that the bottom elevation of the crawl
spaces of homes is at least I-foot above groundwater.
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Page 9
7.
Sanitary sewer service to this site shall be via main line extensions fÌ"om an existing main
installed adjacent to the property. The applicant will be responsible to construct sewer
mains to and through this proposed development. Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall execute City
of Meridian standard fomIS of easements, for any mains that are required to provide
service.
8.
Domestic water service to this site shall be via main line extensions fÌ"om mains installed
adjacent to the property. The applicant will be responsible to construct water mains to
and through this proposed development. Subdivision designer to coordinate main sizing
and routing with the Public Works Department. Applicant shall execute City of Meridian
standard fomIS of easements, for any mains that are required to provide service.
9.
The applicant has not indicated who will own and operate. the pressurized irrigation
system within this development. Underground vear-round pressurized irrigation must be
provided to all lots within this development. The City of Meridian requires that
pressurized irrigation systems be supplied by a year-round source of water. If the
pressurized irrigation system within this development is to remain a private homeowners'
association system, complete plans and specifications shall be reviewed by the Public
Works Department as part of the development plan review process. A draft copy of the
pressurized irrigation system O&M manual shall be submitted prior to plan approval.
The 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, a single-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 City Engineer.
10.
Applicant shall submit ten (10) copies of revised plat and landscape plans prior to the
next public hearing on this application.
STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1.
All grading of the site shall be perfomIed in conformance with MCC ll-12-3H.
2.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3.
Please submit with the final plat application a copy of the Ada County Street Name
Committee's approval letter for the subdivision name, and the lot and block numbering.
Make any corrections necessary to confomI.
4.
A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to City Engineer
signature on the final plat.
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Planning & Zoning Commission/Mayor & City Council
September 16, 2004 (P&Z Hearing Date)
Page 10
5.
A detailed landscape and fencing plan, in compliance with the landscape and subdivision
ordinance, shall be submitted for the subdivision with the final plat application.
6.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
7.
One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are detennined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit ITom
the Public Works Department prior commencing installations.
8.
Any tree over 4" in caliper that is removed ITom 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 mitigated.
9.
Any existing domestic wells and/or septic systems within this project will have to be
removed ITom their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells
may be used for non-domestic purposes such as landscape irrigation.
10.
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.
11.
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 nonnal groundwater elevation.
MERIDIAN FIRE DEPARTMENT CONDITIONS
1.
One and two family dwellings will require a fIre-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 400' apart. International Fire Code Appendix D
2.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on comers.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
All entrance and internal roads shall have a turning radius of 28' inside and 48' outside.
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Page 11
4.
Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
RECOMMENDATION
Staff recommends approval of the proposed annexation and zoning and preliminary plat with the
conditions noted above.
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~_i",-
. ~ Ada County Highway District
Right-aI-Way & Development Department
Planning Review Division
This application required Commission action due to the history of Wingate Lane which abuts the site. It was
approved on the consent agenda on April 7, 2004 at 12 noon. Tech Review for this item was held with the
applicant on March 26, 2004. Please refer to the attachment for request for reconsideration guidelines. Staff
contact: Lori Den Hartog, phone: 387-6174, E-mail: Idenhartoa@achd.ada.id.us
Resubmittal: The Ada County Highway District received a revised preliminary plat on July, 16, 2004,
and approved the changes at the staff level.
Resubmittal #2: The Ada County Highway District received a second revised preliminary plat on
August 24, 2004. the changes have been approved at the staff level as of September 3, 2004.
File Numbers:
Packard Acres #3/MAZ04.005/MPP04.006IMVAR04.002
Site address:
2585 & 2576 N. Wingate Lane
Applicant/Owner:
Packard Estates Development, LLC
6223 N. Discovery Way, Suite 120
Meridian, Idaho 83642
RECEIVED
SEP 0 7 2004
Representative:
Tealey's Land Surveying
2501 Bogus Basin Road
Boise, Idaho 83702
City Of Meridian
City Clerk Office
Application Information:
The applicant has submitted the above referenced application to the City of Meridian requesting preliminary
plat, rezone, and annexation approval for the development of 20 residential lots and 1 common lot on 5.27-
acres. The site is located south of Ustick Road and west of Eagle Road at 2585 N. Wingate Lane.
Acreage:
Current Zoning:
Proposed Zoning:
Residential Lots:
Common Lots:
5.27acres
RUT
R-4
20
1
A.
1.
2.
3.
4.
5.
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Vicinity Map
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Findings of Fact
Trip Generation: This development is estimated to generate 190 additional vehicle trips per day (10
existing) based on the Institute of Transportation Engineers Trip Generation Manual.
Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building
permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that
time.
Traffic Impact Study: A traffic impact study was not required with this application.
Site Information: There is currently one residence on the site. The balance of the site is used for
agricultural purposes.
Description of Adjacent Surrounding Area:
Direction land Use Zoning
North Single-family residential (Packard Acres Subdivision #2) R-4-City of Meridian
South 5-acre single-family Darcel RUT-Ada County
East Single-family residential (Packard Acres Subdivision #1) R-4-Citv of Meridian
West Single-family residential (Chateau Meadows East Subdivision #8) R-8-City of Meridian
6. Impacted Roadways
Roadway Frontage Functional Traffic Count Level of Speed Nearest
Classification Service" Limit Intersection
Ustick Road None Minor Arterial 10,833 west of Eagle Better 40 MPH Wingate
Road on 8/5/03 than Lane-a stop
"C" controlled
intersection
Eagle Road None Principal Arterial 20,8182 south of Better 55 MPH Ustick Road-
Ustick Road on than "C" a signalized
1 0/29/02 intersection
Locust Grove None Minor Arterial 7,867 south of Ustick Better 35 MPH Ustick Road-
Road Road on 2/14/02 than "C" (south of a signalized
Ustick intersection
Road)
E.Chaliis 514' Local No counts available NIA
Street
Winaate Lane 343' Local ¡Private\ No counts available NIA
7.
8.
9.
3
'Acceptable level of service for a two lane arterial roadway is "0" (14,000 VTD).
'Acceptable level of service for a five lane arterial roadway is "Eo (37,000 VTD).
Roadway Improvements Adjacent To and Near the Site
Ustick Road is currently improved with 2 travel lanes and occasional turn lanes for abutting
developments. There is curb, gutter, and sidewalk on the portions of Ustick Road which have
been developed/re-developed.
Eagle Road is currently improved with 4 travel lanes and a center turn lane with no curb,
gutter or sidewalk.
Locust Grove Road is currently improved with 2 travel lanes and a center turn lane with curb,
gutter, and sidewalk.
. E. Challis Street which abuts the site on the north property line was constructed with Packard
Acres Subdivision #2. It was constructed as a 36-foot street section with curb, gutter, and 5-
foot concrete sidewalk.
Existing Right-of-Way
Ustick Road currently has 55 to 7O-feet of right-of-way.
Eagle Road currently has 140-feet of right-of-way.
Locust Grove Road currently has 70 to 9O-feet of right-of-way.
Existing Access to the Site
The existing residence takes access from Wingate Lane (a private road).
10.
Site History
ACHO has not reviewed this site within the last year for a development application.
11.
Capital Improvements Plan/Five Year Work Program
There are no roadways, bridges or intersections in the general vicinity of the project that are currently
in the Five Year Work Program.
Ustick Road is scheduled to be widened to 5 lanes between Meridian Road and Cloverdale Road in
the Capital Improvements Plan in 11 to 15 years.
4.
4
B.
Findings for Consideration
Right-ot-Way
Internal/Local Streets
District policy 7204.4.1 and Figure 72-F1A requires 50-feet of right-of-way on local streets. This right-
of-way allows for the construction of a 2-lane roadway with curb, gutter and 5-foot wide concrete
sidewalks.
1.
The applicant is proposing 50-feet of right-of-way for all of the internal local streets. This right-of-way
meets District policy and should be approved with this application.
2.
Street Sections
Internall Local Streets
District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will
typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks.
The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may
be allowed, depending on traffic volumes forecast to be generated by the development. Concrete
sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or
more in which case the sidewalk shall be a minimum of 4-feet in width.
The applicant has proposed 36-foot street sections with 5-foot attached sidewalks. This proposal
meets district policy and should be approved with this application.
3.
Roadway Offsets
District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from
another local roadway (measured centerline to centerline).
All of the internal streets offset 125-feet or more from one another.
Stub Streets
District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation
or to provide access to adjoining properties. Stub streets will conform with the requirements
described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if
the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the
stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub
street must meet the following conditions:
1. A stub street shall be designed to slope towards the street intersection and drain surface
water toward that intersection, unless a satisfactory storm drain system is installed.
2. The District may require appropriate covenants guaranteeing that the stub street
will remain free of obstructions.
Connections
The applicant has proposed to connect to and extend two existing stub streets, E. Meadowgrass
Street at the east property line and N. Devlin Avenue at the north property line. These connections
meet District policy and should be approved with this application.
2.
3.
4.
5.
5
New Stub Streets
The applicant has proposed to extend N. Devlin Place to the south property line approximately 130-
feet east of the west property line (measured property line to centerline). This location meets District
policy and should be approved with this application.
5.
Driveways
Offsets
District policy F2-F4 (1) and 72-F4 (2), requires driveways located on local residential roadways to
offset a controlled andlor uncontrolled intersection a minimum of 50-feet (measured near edge to
near edge).
Widths
District Policy 7207.9.3 restricts residential driveways to a maximum width of 20-feet.
Pavina
Graveled driveways abutting public streets create maintenance problems due to gravel being tracked
onto the roadway. In accordance with District policy. 7207.9.1. the applicant should be required to
pave the driveway its full width and at least 30-feet into the site beyond the edge of pavement of the
roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge.
6.
Wingate Lane
Wingate Lane is a private road easement that extends south from Ustick Road for approximately 1/3
of a mile. The stub street E. Meadowgrass Street, which is being extended into the site from the east
property line, will be constructed across Wingate Lane. The applicant has provided for a15-foot wide
private road easement along the east property line of this site for the continued use of Wingate Lane
for the property owners adjacent to the south. Those persons using Wingate Lane will have the
stopping motion; those using E. Meadowgrass Street will have a through drive.
Wingate Lane is an unpaved gravel roadway. To avoid maintenance problems due to gravel being
tracked onto the roadway, the applicant will be required to pave Wingate Lane at its intersections with
E. Meadowgrass Street and E. Challis Street its full width and at least 30-feet beyond the edge of the
concrete sidewalks.
C.
Site Specific Conditions of Approval
1.
Construct the internal local roadways (E. Meadowgrass Street and N. Devlin Avenue) as 36-foot
street sections with curb, gutter, and 5-foot concrete sidewalk within 50-feet of right-of-way.
Extend E. Meadowsgrass Street into the site across the private road easement for Wingate Lane at
the east property line.
Extend N. Devlin Avenue at the north property line into the site.
Construct N. Devlin Avenue as a stub street to the 5-acre parcel adjacent to the south of the site.
Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE."
Pave Wingate Lane at its intersections with E. Meadowgrass Street and E. Challis Street its full width
and at least 30-feet beyond the edge of the concrete sidewalks.
4.
5.
6.
7.
8.
9.
10.
11.
6
6.
Comply with all Standard Conditions of Approval.
D.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility reiocation 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.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing by
the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State
of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or
other required permits), which incorporates any required design changes.
Construction, use and property development shall be in conformance with all applicable requirements
of the Ada County Highway District prior to District approval for occupancy.
Payment of applicable road impact fees are required prior to building construction in accordance with
Ordinance #198, also known as Ada County Highway District Road Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utiiities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in
the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they are in writing and
signed by the applicant or the applicant's authorized representative and an authorized representative
of the Ada County Highway District. The burden shall be upon the applicant to obtain written
confirmation of any change from the Ada County Highway District.
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
time the change in use is sought.
E.
Conclusions of Law
1.
The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are
satisfied.
2.
ACHD requirements are intended to assure that the proposed use/development will not place an
undue burden on the existing vehicular and pedestrian transportation system within the vicinity
impacted by the proposed development.
Attachments
1. Vicinity Map
2. Site Plan
3. Reconsideration Guidelines
7
8
N
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Request for Reconsideration of Commission Action
1.
Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff
or any other person objecting to any final action taken by the Commission may request
reconsideration of that action, provided the request is not for a reconsideration of an action previously
requested to be reconsidered, an action whose provisions have been partly and materially carried
out, or an action that has created a contractual relationship with third parties.
a. Only a Commission member who voted with the prevailing side can move for reconsideration,
but the motion may be seconded by any Commissioner and is voted on by all Commissioners
present.
If a motion to reconsider is made and seconded it is subject to a motion to postpone to a
certain time.
b. The request must be in writing and delivered to the Secretary of the Highway District no later
than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following
the meeting at which the action to be reconsidered was taken. Upon receipt of the request,
the Secretary shall cause the same to be placed on the agenda for that next scheduled
regular Commission meeting.
c. The request for reconsideration must be supported by written documentation setting forth new
facts and information not presented at the earlier meeting, or a changed situation that has
developed since the taking of the earlier vote, or information establishing an error of fact or
law in the earlier action. The request may also be supported by oral testimony at the meeting.
d. If a motion to reconsider passes, the effect is the original matter is in the exact position it
occupied the moment before it was voted on originally. It will normally be returned to ACHD
staff for further review. The Commission may set the date of the meeting at which the matter
is to be returned. The Commission shall only take action on the original matter at a meeting
where the agenda notice so provides.
e. At the meeting where the original matter is again on the agenda for Commission action,
interested persons and ACHD staff may present such written and oral testimony as the
President of the Commission determines to be appropriate, and the Commission may take
any action the majority of the Commission deems advisable.
f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover
administrative costs, as established by the Commission.
9
August 30, 2004
Meridian Planning and Zoning Commission
City of Meridian
The attached written testimony submitted for the Meridian Planning and Zoning Commission public hearing on April 15, 2004
and for the Meridian City Council public hearing on May 18, 2004 is being resubmitted and included with other testimony for
the Meridian Planning and Zoning Commission public hearing to be held on September 16, 2004 for the purpose of reviewing
and considering the application of Packard Estates Development, LLC for an Annexation and Zoning of 5.27 acres from RUT to
R-4 zone for Packard Acres Subdivision No.3.
The attached information is still pertinent to these hearings and oral testimony may supplement this written testimony as
deemed appropritate.
In regard to latest proposal we refer back to:
1. The Private Road Agreemerri that has been in force and effect since 1913 and provides that the road be "opened and
maintained" for the benefit of Wingate Lane residents.
2. Ada County Planning and Zoning ruling that there were to be no more accesses off Wingate Lane: anÇ this was made
prior to any development activities by Packard Estates.
3. Agreement during public hearings that fences were to be constructed on either side of Wingate Lane to restrict access
which would require a solid fence along the West side of Wingate Lane fTom E. Challis to Sharp's property in keeping with the
standards for the rest of the fencing along the lane.
4. Provision must be made to allow for irrigation waste water run off from our property when we inigate.
5. Gates or other trawlway obstatcles shall not be allowed on Wingate Lane in keeping with the Private Road Agreement of
1913 and with Ada County Regulations applicable to all Private Roads in Ada County.
Dale and Helen Sharp
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.. MERIDIAN
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.,","",AuO""",2004 Amer\caOnllno,AHSHARP Page, 1
CITY OF MERIDIAN
NOTICE OF HEARING
NOTICE IS HEREBY GIVEN pursuant to the Ordinances of the City of Meridian and the
Laws of the State of Idaho, that the Meridian Planning and Zoning. Commission of the City of
Meridian will hold a public hearing at the Meridian City Hall, 33 East Idaho Avenue, Meridian,
Idaho, at the hour of 7:00 p.m. on Thursday, September 16, 2004 for the purpose of reviewing
and considering the application of Packard Estates Development, LLC for an Annexation
and Zoning of 5.27 acres from RUT to R-4 zone for Packard Acres Subdivision No.3;
Furthermore, the applicant requests a Preliminary Plat approval for twenty (20) single-
family residential building lots and one (1) common lot on 5.27 acres in a proposed R-4 zone for
Packard Acres Subdivision No.3 generally located east of North Locust Grove Road and
south of East Ustick Road.
A more particular description of the above property is on file in the City Clerk's office at
Meridian City Hall, 33 East Idaho Avenue, and is available for inspection during regular
business hours, Monday through Friday, from 8:00 a.m. to 5:00 p.m.
A copy of the application is available for review. Any and all interested persons shall be
heard at said public hearing, and the public is welcome and invited to submit testimony. Oral
testimony may be limited to three (3) minutes per person. Written materials may be submitted
seven (7) days prior to the above hearing date so that all interested parties may examine them
prior to the hearing. All materials presented at public meetings shall. become property of the
City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or
hearings, please contact the City Clerk's Office at 888-4433 at least 72 hours prior to the public
meeting.
DATED 21" day of August, 2004
.¿/~~
WILLIAM G. BERG, J ,CI
PUBLISH 301h day of August and 13th of September, 2004
REVISED
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PACKARD:4Ac:RE.S~O.':-;;3 ,-
A PORTIONeF THE NW 1/4. --..
SECTION 5, T.3N., R.1E.. 8.M.,
MEBIDIAN. ADA COUNTY, IDAHO
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2501 BOGUS BASIN RO. - BOIS., IDAHO 83702
208-3B5-0636
DATE: DRAWING NO.:
FEBRUARY, 2003 2427-300 SCALE
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May 5, 2004
City Council City of Meridian
The attached written testimony submitted for the Meridian Planning and Zoning Commissian public hearing on April 15. 2004
is being submitterd to be included with other testimony for the Meridian City Council public hearing scheduled for May 18,
2004 for the purpose of relliewing and considering the application of Packard Acres Subdillision No.3.
Further comments are warranted and these are expressed here along with any oral testimony that will be made during the
public hearing.
We are reiterating that construction actilliites as well as ongoing maintenance actillities for Packard Acres No.3 are not to
impede our access of Wingate Lane to and wom our property to Ustick. Authorized whicles Le., emergency, mail, paper,
garbage, as well as other sel'lice deliwry whlcles, and family and friends must be accorded access in accordance with
Private Road Agreement dated July 25, 1913 (copy attached). This document established a private road (Wingate Lane) 15
feet in width wom Ustick to our property, and we haw utilized it to access our property since moiling here in 1968.
Since Wingate is a Private Road,construction and maintenance equipment should access Packard Acres No.3 and other
Packard Dewlopments from public streets in order to keep Wingate Lane open as required and also because of the liability
and safety issues.
Dale and Helen Sharp
March 20, 2004
Meridian Planning and Zoning Commission
City of Meridian
This is in regard to the public hearing scheduled for April 15, 2004, for the purpose of
re\liewing appiication of proposed Packard Acres Subdi\lision No- 3.
As residents of North Wingate Lane and since our property is iocated directiy South of the proposed Packard Acres
Subdivision No.3 we wish to restate our position conceming use, access or development activities that could affect Ncth
Wingate Lane.
First, construction activities are not to impede our access of North Wingate Lane to and from our property to Ustick.
Second, any houses built along North Wingate Lane will not have access from the the lane. The property owners on the lane
recorded and notoriæd a document on Juiy 25,1913 establishing this as a private iane and Ada County has already ruied that
no more houses may be built along the lane that would require entrance and exit directly from the lane.
Third, construction equipment will be prohibited from using Noth Wingate Lane to access and conduct de""lopment activities
on proposed site.
Fourth, to ailow for emergency vehicle access to our property, North Wingate Lane shouid be widened to 20' from E. Challis
to our property as was required for the portion of the lane North of E. Challis..Safety and iiabiiity issues are a major ccccem
relati"" to unrestricted access by emergency and other authorized vehicles.
Fifth, but not necessarily the last, as residents most directly affected by de>elopment activities on this proposed site we, as
weil as the City of Merdian, other go>emmental entities, de""loper, and contractors should hq>e detailed knowiedge of of
conditions to proceed with any activities. This couid include expected fencing along lane, any sewer, w¡¡fr, or inigation
projects in\¡Ol\ling Wingate:Lane. Any other activites in\¡Olving North Wingate Lane should be established and readly a",ilable
to all concerned before any sctivites are approloed. Past history indicates need for established guideiines with affected parties
before appro",1 is granted for proposed Packard Aces Subdivision No.3.
Sincerely,
D..-L
Dale and Helen Sharp
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AZ 04-005
MERIDIAN PLANNING & ZONING MEETING August 19, 2004
APPLICANT Packard Estates Development. LLC ITEM NO. 5
REQUEST Public Hearing: Annexation and Zoning of 5.27 acres from RUT to R-8 zone
for Packard Acres Subdivision No.3 - east of North Locust Grove Road and south of
East Ustick Road
AGENCY
COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
See Memo to Re-Notlce q, \ \p' or
~ ,~Ùt\Ce. 10
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER:
Contacted:
Emailed:
Date:
Phone:
Steff Initials:
Malerials presented at pubDc meetings shall become property of the CIfy of Meridian.
CITY OF MERIDIAN
Planning & Zoning
Memo
T« Meridian P&Z Commission
City ClMI'S 0fIiœ
FnImI Brad Hawkins-Clm
CCI Pat TeaJey, Packard Acres No. 3 Preiminary Plat Rle
Datea August 10, 2004
He: Revised Annexation and Pre/"minary Plat Applications - Packard Acres No.3
RECEIVED
AUG 1 G 2004
City Of Meridian
City Clerk Office
The subject applications are noticed and scheduled for the August 19 P&Z
Commission hearing. Both applications were remanded back to the Commission by
City Council on June 1st with the direction to amend the plat (shifting the open space
location). The applicant re-submitted bolh the preliminary plat and annexation
applications after the 6-1 hearing and requested an R-8 zone (versus the original R-
4 request). However, after their neighbolttood meeting and receiving some
opposition, the applicant decided to revert back. to the R-4 zone and reconfigured
the plat to meet the R-4 dimensions (which resulted in losing one lot).
The revised annexation application requires a re-notice. Since the noticing deadline
for the 8-19 P&Z hearing could not be met (we did not receive the revised
Annexation application until August gt"), the subject aDDlications have been re-
scheduled for the Seøtember 16 P&Z Commission meetina. (The applicant will be
required to pay the re-noticing fees but was not charged a new application filing fee.)