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Packard Acres No. 3 PP PP 04-006 MERIDIAN PLANNING & ZONING MEETING September 1 6, 2004 APPLICANT Packard Estates Development. LLC ITEM NO. 11 REQUEST Public Hearing: Preliminary Plat approval for 22 single-family residential building lots and 1 common lot on 5.27 acres in a proposed R-8 zone - east of North Locust Grove Road and ~outh of East Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See attached staff comments ~to~M)HlÀ/ /lJYJ (J7/ oJv 7311/ --10 . cLJ 9-A:J CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No comment See attached comments MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: See attached comments See attached comments ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: No comment IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted. Emailed: Mal.rials pres.nted al public me.llngs shali become property of 111. City of Meridian. v MAYOR TammydeWecrd HUB OF TREASURE VALLEY A Good Place to Live LEGAL DEPARTMENT (208)466-9272 . Fax 466-4405 CITY COUNCIL MEMBERS William LM. Nary Keith Bird Shaun Wardle Charles M. Rountree CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500. fax 887-1297 PLANNING AND ZONrNG 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~L Bruce Freckleton, Senior Engineering Tech ~ Packard Acres No.3 Subdivision - REVISED . Annexation and Zoning of 5.27 Acres from 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 Mericlian City Clerk Office . Preliminary Plat for Twenty (20) Building Lots and One (I) 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 further explanation.) } BACKGROUND I 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-O4-005) back to the Commission for a new recommendation. Both of the applications were re-noticed by the City AZ.()4.QO5,PP-D4-0Oó p,,'~d A,= ]-R~",d.AZ.PP Planning & Zoning CommissionlMayor & City Council September 16,2004 (P&Z Hearing Date) Page 2 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 frontages. Reasons for Remand of Preliminarv 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: I. 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 ofthe 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 staff'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 ofland 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 from Packard Acres No.2 to the north (N. Lapis Ave. and N. Devlin Ave.) and one (I) existing stub street from Packard Acres No. I 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. AZ.Q4'()()5.PP-.Q4.006 P"kMdAcr"3-R~;,,d.AZ.PP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (P &Z Hearing Date) Page 3 The proposed building lots are all standard R-4 sizes with a minimum lot size of 8,000 square feet. The gross density of the 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. I, 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. WiTt 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 terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." AZ-04-005.PP-04-006 P"'=dA=,J-R";"d.AZ.PP D. E. Planning & Zoning Commission/Mayor & City Council September 16, 2004 (P&Z Hearing Date) Page 4 The following is the list of standards found in II-IS-II 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 harmonious 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, RlE, 5) is designated for residential development similar to the proposed project. Staff fmds there is adequate public street infrastructure, 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 infrastructure 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; AZ-O4.00j.PP-<J4.Q06 P"kMdAcr"3-R";,,d.AZPP Planning & Zoning Commission/Mayor & City Council September 16,2004 (P&Z Hearing Date) Page 5 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 conforms with the Future Land Use Map. The design and density conforms 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 30-feet beyond the edge of the 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 f'Ire 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 storm water drainage facilities. Please review ACHD, Police and the Fire Department's comments concerning this subdivision for further information 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 permit 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 AZ-04-QOS.PP-<J4-006 P"k.-dA"~J.R,,',d.AZ.PP Planning & Zoning Commission/Mayor & City Council September 16, 2004 (P&Z Hearing Date) Page 6 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. ANEXATION AND ZONING CONDTIONS OF APPROVAL 1. The legal description submitted with the application (dated 6-15-04, stamped by David N. Marks) shows the property as contiguous 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 from their domestic service, per City Ordinance Section 5-7-517, when services are AZ.Q4.QO5.PP-04-006 "'ok." A,,~ 3.R,,',dAZPP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (P&Z Hearing Date) Page 7 available from 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 du/acre (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 fmanclal capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e. police, fire, ACHD, etc) to determine this finding. e. The other health, safety or environmental problems that may be brought to the Commission's attention. AZ-04.005.PP-<J4.006 Pocl=dA=3-R".,d.AZPP 6. Planning & Zoning CommissionlMayor & City Council September 16,2004 (P&Z Hearing Date) Page 8 Staff finds that there are no other health, safety or environmental problems associated with the proposed development. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) I. 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 pennits 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 pennanent fencing on these lots prior to applying for building pennits. 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 1 shall be free 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. 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 lOa-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. AZ-04.005.PP-O4-<J06 P"k"'A"~3.R,"",d.AZPP Planning & Zoning CommissionlMayor & City Council September 16, 2004 (P&Z Hearing Date) Page 9 7. Sanitary sewer service to this site shall be via main line extensions from 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 forms of easements, for any mains that are required to provide service. 8. Domestic water service to this site shall be via main line extensions from 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 forms 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 year-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) I. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. 3. 4. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 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 conform. 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. A2.04-005.PP-<J4-006 P~k~d A"" ).Ro'"",.A2.PP Planning & Zoning CommissionlMayor & 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 pennit from the Public Works Department prior commencing installations. 8. 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 mitigated. 9. 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 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 2. 3. I. 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 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y2' 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 corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. All entrance and internal roads shall have a turning radius of28' inside and 48' outside. AZ.Q4.()OS.PP-<J4-006 Pockæd A,~, J.R~."'AZPP Planning & Zoning Commission/Mayor & City Council September 16, 2004 (P&Z Hearing Date) Page II 4. Operational fire hydrants and temporary or permanent 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. AZ-O4-00;,PP-<>4-006 P"k&d A,,~ )-Rom"'AZPP ",..;i_Pt",," - ~ Ada County Highway District Right-of- 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: ldenhartoo@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/MAZO4-005/MPP04-006lMVAR04-002 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 2. 3. 4. 5. 2 Vicinity Map USTICK ~ CJ Z ¡¡: w --' (!) US ~ [~ MEADOWGRASS w+, s A. Findings of Fact 1. 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 North South East West 6. Impacted Roadways Roadway Frontage Functional Traffic Count Level ot 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- Us tick 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. Challis 514' Local No counts available NIA Street Winqate Lane 343' Local ¡Private) No counts available N/A 10. 3 'Acceptable level of service for a two lane arteriai roadway is "0" (14,000 VTO). 'Acceptable level of service for a five lane arterial roadway is "E" (37,000 VTO). 7. 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 sidewaik. 8. Existing Right-ot-Way Ustick Road currently has 55 to 70-feet of right-of-way. Eagle Road currently has 140-feet of right-of-way. Locust Grove Road currently has 70 to 90-feet of right-of-way. 9. Existing Access to the Site The existing residence takes access from Wingate Lane (a private road). 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 Capita/Improvements Plan in 11 to 15 years. 3. 4. 4 B. Findings for Consideration Right-ot-Way InternallLocal 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 Internal! 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 aliowed, 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. 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 õiSiiict Policy 7207.9.3 restricts residential driveways to a maximum width of 20-feet. Paving 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. 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 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 the District's Utility Coordinator at 387-6258 (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 ACHD 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 issuance of building permit (or other required permits), which incorporates any required design changes. 7. 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. 8. 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. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIG LINE (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. 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 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 legai 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 waiver/variance 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 9 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 scheduied 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 reoonsideration 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. ~*D C-)~><:P; IS!I>¿/ " P"pacing 1.- .[; Todo,., 0 .Q. Stude", :oc '", Tomwow, Challenge,. 6' O'cn. F .Ogle. Joint School District No.2 911 Meridian Road. Meridian, Idaho 83642 . (208) 855-4500 . Fax (208) 888-6700 SUPERINTENDENT Dr. Linda Clark RECEIVED AUG 3 1 2004 August 27, 2004 City of Merlo,." City Clerk Office City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Planners: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of Packard Acres Subdivision No.3 will have a significant impact on school enrollments at River Valley Elementary. Lewis & Clark Middle. and Mountain View High School. We can predict that these homes, when completed, will house six (6) elementary aged children, five (5) middle school aged children, and three (3) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 855-4500. Sincerely, ~~ Wendel Bigham Supervisor of Facilities and Construction .#. July 24, 2004 Meridian Planning and Zoning Commission City of Meridian RECEIVED JUL 2 6 2004 City of Meridian City Clerk Office The attached written testimony submitted for the Meridian Planning and Zoning Commission public hearing om 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 August 19, 2004 for the purpose of relliewing and considering the application of Packard Estates Dewlpment , lie for an Annexation and Zoning of 5.27 acres from RUT to R-8 zone for Packard Acres Subdillision No.3. The attached information is still pertinent to these hearings and we also oppose the need to grant an R-8 zone for Packard Acres as this is certainly not consistent with or compatible with the zoning or dewlopment of the other phases of Parkard estates. Also there is to be a solid fence along the West side of Wingate Lane from E. Challis to E. Meadowgrass in keeping with the standards for the rest of the fencing along the lane. In addition prollision must be made to allow for irrigation waste water run off from our property when we irrigate. Further oral testimony may supplement this V~im~approPriate. Dale and í4elen Sharp f'" 0:: ...f"!. ""'-II/ ATI¡4c.{no-ð""-j' ANd O/ll£..) r5Ao<-vf' Zo LoT,¡- <5'0 (ef c¡;:rc...~"I"'NCI.,f /-'; U¡'.AT /"" í°J"c.L "., ",of. L./ 1i.,.,7 /J ¡It L..s-o "'¡It!' T..{ø"'~ Ie,; #/ c/ e /"" r"'/ - Is _.JUly24,2004 Am._OnIlne:AllSHARP P- 1 PACKARD ACRES',.'(¡O. A PORTION OF THE NW 1/4, ." SECTION 5, T.3N., R.1E., 8.M., ME '¡IDIAN, ADA COUNTY, IDAHO 3 --- ---...-... ;.-'=.~ ..-. ! r ¡ ! .,.æ 'i ""m.. . : _._=~~ ' .,,-,~ ",," .' N. J[, lr 0 I 150 300 600 I ~ TEALEY'S LAND SURVEYING SCALE IN FEET I' = 300' 2501 BOGUS BASIN RD. ~ BOISE, IDAHO B3702 20B-385-0636 A f.. "j~rc I<IIA.t. VV / AJ I Æ TQ.. L "/'4J<'-. tEx {" .vJ.r r-- ¿.--.. ð....... U~ÌÌ!'c..1" r.. IS" ';;',.,;,./:'" /!1f>--Ð/,ø""'T? "'I "'hI IV' I¿- I I' -J '-'J-, d'r--.r DATE: DRAWING NO.: FEBRUARY, 2003 2427-300 SCALE RECEIVED, JUL 2 6 2004 CITY OF MERIDIAN NOTICE OF HEARING Cify of Meridian City Clerk Office 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, August 19, 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-8 zone for Packard Acres Subdivision No.3; Furthermore, the appli~nt requests a Preliminary Plat approval for twenty-two (22) single-family residential building lots and one (1) common lot on 5.27 acres in a proposed R-8 " 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 I~aho 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 apPlicationfis 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 Cit~ Clerk's Office at 888-4433 at least 72 hours prior to the public meeting. DATED 14"' day of July, 2004 PUBLISH 2nd day and 16th day of August, 2004 .. ~, : RECEIVED JUL 2 6 200~ . . May 5,2004 City of Meridian City Clerk Office The attached written testimony submitted for the Meridian Planning and Zoning Commission 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 SubdiliiSion No.3. City.Council.citýof Melidian Further comments are warranted and these are expressed here along with any oral testimon1 that will be made during the public hearing. We are reiterating that construction activiites as well as ongoing maintenance activities for 'P\ckard Acres No.3 are not to impede our access of Wingate Lane to and from our property to Ustick. Authorized whiclesd.e., emergency,mail, paper. garbage, as well as other service deliwry whicles, and family and friends must be accorded access in accordance with Private Road Agreement dated July 25, 1913 (copy attached). This document estabiished a private road (Wingate Lane) 15 feet in width from Ustick to our property, and we haw utilized it to access our property since moving here in 1968. Since Wingate is a Private Road,construction and maintenance equipment should access Packard Acres No.3 and other Packard Dewiopments 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 ~ .---_._._-_._----~-- ","",1 ~ ~~ p¡ ltøJI! ~..- - ------ - _"",""..---__.-- .....~' j~ RECEIVED JUL 2 6 200~ March 20, 2004 Meridian Planning and ZOning Commission City of Meridian City of Meridian City Clerk Office This is in regard to the public hearing scheduled for April 15, 2004, for the purpose of re'liewing application of proposed Packard Acres Subdi'lision No.3. ' . As residents of North Wingate Lane and since our property Is located directly South of the proposed Packard Acres Subdi'lision No.3 we wish to restate our position concerning use, access or de'lelopment acti'lities that could affect Ncth Wingate Lane. . \ First, construction activities are not to impede our access of North Wi~gate Lane to and from our property to Ustlck. Second, any houses built along North Wingate Lane will not halle access from the the lane. The property owners on tce lane recorded and notorizted a document on July 25,1913 establishing this as a pri-.ate lane and Ada County has already n.:ied 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 dellelopment ac:i;;ties on proposed site. Fourth, to allow for emergency vehicle access to our property, North Wingate Lane should be widened to 20' from E. C-,sllis to our property as was required for the portion of the lane North of E. Chsllis..Safety and liability issues are a major COCC?c- relatille to unrestricted access by emergency and other authorized 'lehicies. Fifth, but not necessarily the last, as residents most directly affected by de'lelopment acti'lities on this proposed site 'lie, as well as the City of Merdlan, other go'lernmental entities, delleloper, and contractors should hq'le detailed knowledge of:I conditions to proceed with any acti'lities. This could include expected fencing along lane, any sewer, w~r, or irrigation projects inl.Ol'ling Wingate:Lane. Any other activites inl.Ol'ling North Wingate Lane should be established and readiy a-.ailable to all concerned before any .activites are appro'led. Past history indicates need for established guidelines with affected parties before appro-.al is granted for proposed Packard Aces Subdivision No.3. Sincerely, Ð..-L Dale and Helen Sharp :-~- _.M-""'" .......ClnllDe:AHSHAIIP ...... 1 .-.-....-_u' _.~u._u_..-_.-----_.u-._-_u~_._u~~- ..~...-.-_._.. --. ..~..- .... _..----- .1 R~cordod at, thO raqu..t or H~~r:r Yo.t ..t 2:25 p.... .July 25t'h, 1"13 ""0 6~,!.., j I I J ~ --:-~~-- ._._:_-'Cd--_-._._------------~_.._-_.~~~------::==--=--------- ------ ----.----.-- < 'I 25:) z .1¡;3¡¡ !Aar..",ent h1' ,cyntl11..;A:lr'.rioh .t 0.1 ",.",'..""."...""."""..... I,,"~rumon!l Ñut.~or 49875. .. c",~::;:&g--Et-V-E-G¡;~ JUL 2 6 2004 ~ Prh..ta road ...-.'oe':Ðnt, City of Meridian City Clerk Office ~hh ^¡¡rao~.ont .~e1ì ,jo.:r ...cio 1>;.. ..",1 t,t",o.", tho ¡:~rt.10' hereto .. rollo.", t.o-,.,I'.:. 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Æ~" .4ü~ ReoardSr. , --.------- ---.--------- --- CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET RECEIVED SEP 16 2004 City of Meridian City Clerk Office September 16, 2004 ITEM # 11 DATE PROJECT NUMBER PP 04-006 PROJECT NAME Packard Acres Subdivision No.3 NAME (PLEAS : PRINT) FOR AGAINST NEUTRAL ~~",- \l-x1dd ( '7 ~P'. ~ J/.. Á- / D/ÞLc.. .rg"~" '1 ~fW e.. rbit', /r'1L-/A (J¡.f/¡{J a/þu-A~L c...... -