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HomeMy WebLinkAboutMilliron Subdivision PP STAFF SUMMARY OF PLANNING AND ZONING COMMISSION RECOMMENDATION TO CITY COUNCIL Date of Recommendation: December 16, 2004 Project Name: Milliron Place Subdivision Case No(s): PP-04-034 Applicant: Dyver Development, LLC P&Z Commission Hearing Dates: October 21 and November 4, 2004 A. Recommendation: Approve with conditions (all ayes) B. Summary of Public Hearings: 1. In favor: Kevin Arnar (developer) 2. In opposition: Nine (9) neighbors testified at the 10/21 hearing and ten (10) neighbors testified at the 11/4 hearing. Most residents were from Golfview Estates Subdivision (except one resident west of Black Cat Rd). The opposition focused on lot size, house size, Comprehensive Plan compatibility issues, traffic safety and property devaluation. 3. Commenting: None 4. Staff presenting application: Brad Hawkins-Clark C. Key Issues of Discussion by Commission: I. Vehicular access to Cherry Lane (10/21 hearing) 2. Existing zoning and allowed uses (both hearings) 3. Neighborhood compatibility issues (At the 10/21 meeting, the P&Z Commission continued the public hearing with the directive to the applicant to 1) pursue a new street connection to Cherry Lane with ACHD, and 2) hold a neighborhood meeting. At the 1114 meeting, the applicant confirmed that a neighborhood meeting was held and presented a revised plat with a connection to Cherry.) D. Key Commission Changes to Staff Recommendation: 1. Require minimum house size of 1,600 sq. ft. adjacent to Golfview Estates Sub 2. Add the applicant's agreements with Golfview Estates HOA as conditions of the subdivision CC&R's E. Outstanding Issue(s) for City Council: 1. ACHD Conditions of Approval: As presented in Exhibit B, ACHD's conditions of approval do not specifically provide for the new street connection to Cherry Lane (N. Wales Ave.). It appears ACHD may not have modified their conditions to reflect the 10/26/04 revised plat. If possible, the applicant should clarify this issue with ACHD prior to the City Council hearing and present a written statement for the record that the new access is approved by ACHD. 2. Revised Preliminary Plat: Site Specific Conditions #3 and 4 required the applicant to revise the preliminary plat. The applicant's engineer, Bailey Engineering, submitted a revised plat that incorporates both changes. Therefore, Site Specific conditions #3 and #4 can be deleted bv the City Council. F. Preliminary Plat I. Date of Original Preliminary Plat: August 8, 2004 2. Date of First Revised Preliminary Plat: October 20,2004 3. Date of Final Revised Preliminary Plat: October 26, 2004 G. Recommended Conditions of Approval (as amended by Commission, if applicable) Exhibit A - Preliminary Plat Conditions of Approval (City staff) Exhibit B - ACHD Conditions of Approval Exhibit C - Central District Health Department Conditions Exhibit D - Nampa & Meridian Irrigation District Conditions Exhibit E - Settler's Irrigation District Conditions EXHIBIT A Preliminary Plat Conditions of Approval Milliron Place Subdivision (File PP-O4-034) [P&z Commission approved additions shown as underline. Deletions shown as ~.] Site Specific Conditions of Approval (as modified bv P&Z Commission) 1. The vacation of the existing Idaho Power Co. power line easement shall be approved by all applicable agencies prior to the City Engineer signature of the fmal plat for Phase 1. 2. The minimum street frontage for Lots 5 and 7, Block I shall be widened to a minimum of 40 feet. 3. Lot 9, Block 2 shall be widened to a minimum of 15 feet between the west property line of Lot 14, Block 9 and the N. Tessa Ave right-of-way line. (Note: Requested to be deleted by City Council.) 4. In accordance with MCC 11-10-4.A, Preliminary Plat Note No.9 shall be revised to require a minimum house size of 1,400 square feet, not 1,301 as currently written. (Note: Requested to be deleted by City Council.) 5. Prior to City Engineer signature of the final plat, submit a copy of an executed license agreement with Settlers Irrigation District that allows the encroachment of the Settlers Canal, Milliron Lateral and the Stewart Lateral easements, unless otherwise waived by the City Engineer. 6. All fencing within the subdivision shall comply with MCC 12-4-10 and 12-13-15- 9, as applicable. 7. The conceptual landscape plan submitted with the preliminary plat (Sheets L-I thru L-2, dated 8/1104 by The Land Group, Inc.) is approved with the following changes: a. Revise Lot 6, Block I to show a minimum of one deciduous tree per 35 lineal feet within the common lot. No evergreen or Class III trees are permitted in this lot. b. Where applicable, call out the type and height of perimeter fencing along the north and east property lines. c. At time of final plat, applicant/contractor shall ensure all trees are located in such a marmer as to not create a conflict with the gravity drainage line shown in Lot I, Block 6 and Lot 9, Block 5 (the Cherry Lane street buffer). Milliron Place Subdivision - PP-O4-034 - Exhibit A Pagelof5 8. All areas being counted toward the 5% open space requirement 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. 9. Please submit all up-to-date groundwater monitoring data to the Public Works Department for review. The initial study indicates that groundwater may be a factor. 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: I. 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. 10. Sanitary sewer service to this project will be from mains installed in N. Black Cat Road. 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. Portions of this development shall be subject to latecomer's fees to reimburse those responsible for extending sewer service into the area. Latecomer fees shall be due and payable prior to signature on the fmal plat by the City Engineer. 11. 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. 12. 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 Milliron Place Subdivision ~ PP-O4-034 - Exhibit A Page 2 of 5 4. 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. 13. Lots 7 - 20. Block I and Lots I - 4. Block 5 shall have a minimum house size of 1.600 SQuare feet per dwelling unit. 14. The applicant shall incorporate into the subdivision Conditions. Covenants and Restrictions the nine (9) bullet items pertaining to home construction materials. fencing, pathwayS. landscaping and other areas (entitled "Milliron Subdivision") that was submitted at the 1114/04 P&Z Commission hearing. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 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 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 signature on the final plat. 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. Two-hundred-fifty and 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 determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. Milliron Place Subdivision - PP-O4-034 - Exhibit A Page30f5 2. 3. 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 andlor 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 normal groundwater elevation. MERIDIAN FIRE DEPARTMENT CONDITIONS 1. One and two family dwellings will require a fire-flow as required by the International Dire Code. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D. Acceptance of the water supply for fire protection will be by the Meridian Water Department. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" 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'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of28' inside radius and 48' outside radius. 6. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. Milliron Place Subdivision - PP-04-034 - Exhibit A Page4of5 7. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter ofthe building. 8. The proposed 83 lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 241 residents at build out. Milliron Place Subdivision - PP-O4-034 - Exhibit A Page 5 of 5 EXHIBIT B ACHD Conditions of Approval Milliron Place Subdivision (File PP-O4-034) A. Site Specific Conditions of Approval 1. The applicant shall do one of the following: a. Dedicate by donation a total of 48-feet of right-of-way along Black Cat Road, and construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41- feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located a minimum of 41- feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Black Cat Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct W. Milliron Drive, the main entrance, to intersect Black Cat Road 500-feet south ofW. White Ash Drive (measured centerline to centerline), as proposed. 3. Construct W. Milliron Drive with vertical curb, gutter, and sidewalk from Black Cat Road to N. Tessa Avenue, as proposed. Provide 21-foot street sections on each side of the proposed landscape island on W. Milliron Drive at the intersection with Black Cat Road. 4. Construct all of the internal streets, with the exception ofW. Milliron Drive from Black Cat Road to N. Tessa Avenue, as 36-foot street sections within 50-feet of right-of-way with rolled curb, gutter, and 5-foot concrete sidewalks, as proposed. 5. Extend W. White Birch Drive into the site from the east property line, as proposed. 6. Close the existing residential driveway on Cherry Lane, located at the east property line, to match the existing curb, gutter, and sidewalk. 7. Any landscape islands or medians shall be a minimum of 4-feet in width, with a maximum of 10- feet in width at the site entrance with Black Cat Road. The applicant shall provide a 21-foot street section (back-of-curb to back-of-curb) on each side of the landscape island. Any landscape islands or medians shall be owned and maintained by the homeowner's association. Notes of this are required on the final plat. Milliron Place Subdivision - PP-O4-034 - Exhibit B Page I of4 8. Other than the access that is specifically approved with this application, direct lot access to Black Cat Road and Cherry Lane is prohibited and shall be noted on the final plat. 9. Comply with all Standard Conditions of Approval. B. 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 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 Milliron Place Subdivision - PP-O4-034 - Exhibit B Page 2 of 4 10. 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. 11. Any change by the applicant in the plarmed 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 plarmed 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. Milliron Place Subdivision - PP-O4-034 - Exhibit B Page3 of4 r 1. .. .,¡I Standard Conditions of Approval 2. Any existing Irrigation facilities shall be relocated outside nf the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any e><isting damagecl curb, gutter and sidewalk and any that may be damaged during the construction nf the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. UtHlty street cuts In pavement less than five yeanl 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 shell be in acccrdanÅ“ 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 nf Idaho shall prepare and cartify all Improvement plans. 5. 6. Tha applicant shall submit revised plans for staff approval. prior to issuance of building permit (or other required permits). which incorporates any required design changes. Constructlnn, use and properly development shall be In conformance with all applicable requirements nf the Ada County Highway District prior to District spproval for occupency. 7. 8. Payment nf applicable road Impact fees are required prior to building construction in acccrdance with Ordinance #198. alsn known as Ada County Highway District Road Impact Fee Ordinance. " is the responsibility nf tha applicant to verify all existing utilities within the right-of-way. The applicant at no coat to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DiGLINE (1-800-342-1585) at IaesI two full business days prior to breaking ground within ACHD rIght-nt-way. The applicant shall contact ACHD Traflic Operations 387-6190 in the event eny ACHD conduits (spara or filled) are compromised during any phase of construction. g. 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 nf the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of eny change from the Ada County Highway District. Any change by the applicant In the planned use of the properly which Is tha subject of this application, shall require the applicant to comply with aU rules, regulations. nrdinances, plans. or other regulatory and legal restrictions in forca at the time the applicant or its successors in interest advises the HIghway District nf its Intent to change the planned use of the subject property unless a waiverlliarianÅ“ of said requirements or other legal raltef is granted pursuant to tha law in effect at the time the change In use is sought. 11. 13 Milliron Place Subdivision - PP-O4-034 - Exhibit B Page 4 of 4 EXHIBIT C Milliron Place Subdivision Central District Health Department I. This proposal can be approved for central sewage & central water after written approval from appropriate entities is submitted. 2. The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality. 3. Run-off is not to create a mosquito breeding problem. 4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 5. The engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. EXHIBIT D Preliminary Plat Milliron Place Subdivision (File PP-O4-034) Irrigation District Conditions 1. If all storm drainage is retained on site there will be no impact on Nampa & Meridian Irrigation District and no further review will be required. However, if any surface drainage leaves the site, the Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. Please contact Donna Moore at 466-7861 for further information. 2. All laterals and waste ways must be protected. 3. The developer must comply with Idaho Code 31-3805. 4. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. , EXHIBIT E Preliminary Plat Milliron Place Subdivision (File PP-O4-034) Settler's Irrigation District Conditions 1. All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Settler's Canal (30' easement), Milliron Lateral (20' easement), and the Stewart Lateral (20' easement). 2. A Land Use Change Application must be on file prior to any approvals. 3. A license agreement must be signed and recorded prior to construction of any S.LD. facilities, or within its easements. 4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settler's Irrigation District. 5. All storm drainage must be retained on-site. 6. The development must supply irrigation access to all lots within the above-mentioned subdivision. It has been indicated that the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system. An agreement needs to be in place prior to the pre-construction meeting. 7. This property is also located within Settlers Irrigation District.