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HomeMy WebLinkAboutAmended Messina Meadows~V1~1'IG~1~YI ~'s -.. -<,,,, AMENDED CITY COUNCIL FINDxNGS OF FACT CONCLUSIONS OF LAW Transmittal Date: July 21 2005 ~ ~.,~ ~ ~~ ~~~\_ "~rl' ~ ~'~ 5`~+~~µ; Project Name: Messina Meadows Subdivision ~~~` ~ ~ '~~" `~ ry.' Case No(s): AZ-OS-017/PP-OS-019/CU ~x~~r ~""~-~~~~~•.r~r~.~~„~~_ P-OS-026 ~~at,My +:"lerl~ ~~-~ ,~ Applicant: Tuscany Development, LLC P&Z Commission Hearing Date(s): June 2, 2005 City Council Hearing Dates: July 12, 2005 and July 26, 2005 AZ OS-017 Request for Annexation and Zoning of 137.96 acres from RUT to R-8 zone PP OS-019 Request far Preliminary Plat approval of 491 building lots and 67 other lots on 13 acres in a proposed R-8 zone 6 72 CUP OS-026 Request for a Conditional Use Permit for a Planned Development for sin le-fam~ detached residential building units and single-family attached patio homes in a pro used R_g zly p zone Motion: Approve with revised conditions as stated on July 12, 2005 A. Key Council Changes to Planning Commission Recommendation: The Council asked staff to submit revised findings of fact conclusions of law prior to the City Council Hearing of July 26, 2005. All references of approvals shall be from the final drawing dated March 14, 2005 as reviewed by the Planning Commission. The council added the following changes: Annexation and Zoning Comments Exhibit D 3. Park - .,,.._..__ ~_ .. _ wed-Lot 21 Block 1 of the proposed Messina Meadows Subdivision, dated March 14, 2005 is shown as a City Park. Prior to submitting a final plat the applicant shall brin the proposal before the Meridian City Parks Commission for a recommendation to the Meridian City Council to ultimately approve of Lot ZI Block 1 becoming a Public Park or if it is to remain as an open space%ommon lot maintained by the home owners association. If Lot 21 Block 1 is dedicated as a public park a clear title must be provided to the Ci Attorney for review. Further, if Lot 21 Block 1 becomes a dedicated ci ~ ty park, an offset from impact fees for the tot lot, landscaping, parking, and other qualified improvements will be negotiated. Preliminary Plat Site Specific and Standard Conditions Exhibit E - (with attached letter) 19. All private streets as shown on the plat shall be a minimum width of 24 feet of improved surface as agreed upon by the letter dated May 25, 2005. Preliminary/Final Plat 1. Date of Preliminary Plat: 3-14-OS 2. Date of Landscape Flan: 2-1S-OS B. Recommended Conditions of Approval (by Commission, if applicable) See attached Amended Exhibits E and F CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECXSION & ORDER In the Matter of a Request for Annexation and Zoning of 136.72 Acres from RUT (Ada County) to R-8 (Medfum Density Residential and Preliminary Plat Approval of Four- Hundred-Ninety-One (491) Single- Family Building Lots, Sixty-Seven (67) Other/Common Lots, and One (1) Park Lot AND Conditional Use Permit Approval for a Planned Development Consisting of Single-Family Homes and a Public Park with Reduced Minimum Lot Frontages and Reduced Minimum Lot Sizes, by Tuscany Development, Inc. Case No(s): AZ-OS-017, PP-OS-019, CUF-OS-026 For the City Council Hearing Date of: July 26, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to property owners or purchasers of record within three hundred feet (300') of the external boundaries of the property. The notice ofpublic hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with ldaho Code §67- 6509. The matter was duly considered by the City Council at the July 12, 2005 and July 26, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opportunity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c. The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and tank oral and written testimony and duly considered the evidence and the record in this matter. 2. Process Facts a. There has been. compliance with all notice and hearing requirements set forth in Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-017 / PP-OS-019 /CUP-OS-02b-PAGE 1 of 5 evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. Application and Property Facts a. In addition to the application and property facts noted in the staff report and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings are Harold R. Long, Lynn B. Assay, Eliza Anne Henry, Paul Warrick, and Tuscany Development, INC. 4. Required Findings per Zoning and Subdivision Ordinance a. See Exhibits G, H, and I for the findings required for these applications. B. Conclusions of Law The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-17-9. 4. Due consideration has been given. to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. b. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat dated March 14, 2005 as shown in Exhibit B, the Site Plan as shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the CUP/PD Site Specific and Standard Conditions as shown in Exhibit F. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. CITY OF MERLDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-017 / PP-05-019 /CUP-OS-026- PAGE 2 of 5 C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated March 14, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan shown in Exhibit C is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibits E and F. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Flease take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. During this time, the permit holder must commence the use as permitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings ar structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall became null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. If the successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) 2. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction of the public utilities and one year thereafter to complete construction of those public facilities. (MCC 12-2-4.B & C.) E. Notice of Final Action and Right to Regulatory Takings Analysis CI"I'Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-017 / PP-OS-019 /CUP-05-026- PAGE 3 of 5 The Applicant is hereby notified that pursuant to Idaho Cade 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which maybe adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter S2, Title 67, Idaho Code. F. Exhibits Exhibit A: Legal Description Exhibit B: Approved Preliminary Plat (with conditions) Exhibit C: Approved Site Plan (with conditions) Exhibit D: Annexation and Zoning Comments Exhibit E: Preliminary Plat Site Specific and Standard Conditions Exhibit F: CUP/PD Site Specific and Standard Conditions Exhibit G: Zoning Amendment Findings Exhibit H: Preliminary Plat Findings Exhibit I: CUP/PD Findings By action of the City Council at its regular meeting held on the day of .2005. COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECiS10N & ORDER CASE NO(S). AZ-OS-017 / PP-OS-019 /CUP-OS-026- PAGE 4 of 5 (TIE BREAKER) Mayor Tammy de Weerd Attest: William G. Berg, Jr., City Clerk Copy served upon Applicant, The Planning and Zoning Department, Public Works Department and City Attorney. By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-017 / PP-OS-019 /CUP-OS-026- PAGE 5 of 5 EXHIBIT A Messina Meadows Subdivision AZ-OS-017 Legal Description (2 pages) DESCRIPTION FOR MESSINA MEADOWS SUBDIVISION March $, 2005 A PARCEL OF LANG LOGATED IN THE S 1/2 OF SECTION 29, AND ALL OF LDT 2, BLOCK 11, OF PROPOSED MESSINA HILLS SUBDIVISION NO.2, LYING IN TOWNSHIP 3 NORTH, RANGE 1 EA57 DF THE B015E MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER THESE 1/4 OF SECTION 29, T.3N„ R.1 E,., E3.M., THENCE N !~9°37'43" W 25.00 FEET ALONG THE NORTH LINE OF SAID SE 114 TD A POINT ON THE WESTERLY RIGHT OF WAY DF 5. EAGLE ROAD, THE REAL~Pp~ ~ EO NING DF THIS SUBDIVISION; THENCE S 00°37'09" W 1321.32 FEET ALONG SAID WESTERLY RIGHT OF WAY TQ A POINT ON THE SOUTH LINE OF THE NE 114 OF SAID SE 114, THENCE N 89°39'50" W 1307.62 FEET TO THE NORTHEAST GORNER OF THE SW 164 DF SAID SE 114 ; THENCE S 00°26'23" W 1297.78 FEET ALONG THE EAST LINE OF THE SW if4 QF SAID SE 1l~4 TO A POINT ON THE NORTHERLY RIGHT OF WAY OF E. AMITY ROAD; THENCE N 89"43'43" W 389.07 FEET ALONG SAID NORTHERLY RIGHT OF UVAY TO A POINT; THENCE N 00°26'33" E 475.Op FEET TO A POINT; THENCE N 88°43'43" W 261.00 FEET TO A POINT; THENCE S 00°26'33" W 385A3 FEET TO A POINT ON A CURVE, ALSO BEING THE CENTERLINE OF THE TEN MILE BRAIN; ALONG SAID CENTERLINE AS FOLLOWS: THENCE ALONG A CURVE TO THE LEFT 405.41 FEET, SAiD CURVE HAVING A RADIUS OF 1071.91 FEET, A CENTRAL ANGLE OF 21 °40'13", TANGENTS OF 205.16 FEET, AND CHORD WHICH BEARS N 41°30'24" W 403.00 FEET TO A POINT OF TANGENCY; Exhibit A _ Messina Meadows LEAVING SAID CENTERLINE THENCE N 00'03'53" E 80.47 FEET ALONG SAID WEST LINE TO THE NORTHWEST CORNER OF THE EAST 1!2 OF THESE ''/.OF SAID SW 114: THENCE CONTINUING N 0p°03'53" E 1323.69 FEET TO THE NORTHWEST CORNER pF THEE 112 OF THE NE 1/4 OF SAID SW 114 ; THENCE S 89°38'09"' E 385.87 FEET ALONG THE NORTH LINE OF THEE 112 OF THE NE 1I4 OF SAID 5W 114 TO THE SOUTHWESTERLY CORNER OF LOT 2. BLOCK 11, OF MESSING MILLS SUI3DIVISION NO. 2; ALONG THE BOUNDARY OF SAID LOT 2 THE FOLLOWING' THENCE N 66°43'48" E 31.7tl FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT 266.52 FEET. SAID CURVE HAVING A RADIUS OF 1250:06 FEET, A CENTRAL ANC3LE OF 11°56'29", TANGENTS OF 134.73 FEET, AND CHORD'JVHICH BEARS N Sd°45'33" E 2BD.tl5 FEET TO A POINT; THENCE ALONG A CURVE TO THE LEFT 54.17 FEET. SAID CURVE HAVCNG A FZADIUS OF 126,40 FEET, A CENTRAL ANGLE OF 24°37'55", TANG!NTS OF 27.51 FEET, AND GHORD WHICH BEARS 5 56°12'03" E 53.75 FEET TO A POINT; THENCE 5 00°15'20" W 137.4E FEET TO THE NORTHEAST CORNER OF SAID SW 114 (C114 CORNER); LEAVING THE BOUNDARY OF SAID LOT 2: THENCE 3 89°37'43'" E 2648.14 FEET ALONG THE NORTH LINE OF THE SE Y. OF SAID SECTION 29 Tp THE REAL POI[YT OF BEGINNING OF THIS SUBDIV{SION. SAID PARCEL CONTAINING 136.72 AGREE, MORE OR LE5S ~o~ $~ WAYNE K. BARBE(~, _ 4~ c P.L.S. 8444 ~~ 3~8/p Exhibit A _ Messina Meadows _.J, ~~ ieei aTnai i~o a Nrrr nww EXHIBIT S III' . ` ~. ' ~~ I ' ,P,. ~ ~i'm ~ . ~~ , room Yx . W..~r": ,~,..~ , ~, lnw.~µ . ~ ~~ 1-... _ _ '~- aa; ~_ .:~ Messina Meadows Subdivision PP-OS-0x9 Approved Preliminary Plat EXHIBIT C Messina Meadows Subdivision CUP-OS-026 Approved Site Plan ~' -r- -r -i--T ~ i~ ~ f ~ ~/~~ ~ ~~. -7 ..... ~_. ~ ~ F .._. -I- ~r~ ~~ J I I N/"1 I ~ ~~ -~ ' f ~ ? I j I ~_ ~_. -~_- _ , I , Ilal 7 i _ 0 7 ~~ -~ - - , ~~ I ..~ ~ 1, ~- "~ CITY - - _~.~,'il ~- ~ PARK ~ - I ili F~ - ~ \ - -- ~ I I. ~~~ _m `~ O ~ ~ ~ ' i ~ ~ jl~il jl~ii - -- ~ T,~` AI ~ {I~h i ~~~~ I I ~ ~ N i illil I I II ~ I' ~ y~~ ~~ia, I W i._ ~ II I I If ~ ~` C.a I III III I I IIIIF ~EADDWS ~~~ `~ ~ ~ i~lli II,I ~ I 800 900 III `` ~ ~ i VII I I ~r III I I N F~Ei Ili ~ I ~i ~ it (~I ~" , ~----- AM IlY READ ~~ i' II ~-.-~- ~-T__-_==---~~.__ =~=-- -ter EXHIBIT D Messina Meadows Subdivision AZ-OS-017 Annexation and Zoning Comments ANEXATION & ZONING COMMENTS 1. The annexation legal description submitted with the application (stamped by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 3. A Development Agreement (DA) will be required as part of an annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The a licant shall contact the Cit Attoxne Bill Nar at 888-4433 to initiate this rocess. The DA shall incorporate the following: • That the applicant will be responsible for all costs associated with the sewer and water service extension. 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 available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irnigation. • That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. • That development of Phases 1 and 4 located within a floodplain shall not commence until FEMA approves the proposed Letter of Map Revision and the flood designation has been revised for Ten-Mile Creek. If the flood plain and floodway boundaries presented with this application are not approved by b'EMA, the applicant shall have two options: 1) remove any lots within the FEMA- approved floodplain boundaries or 2) resubmit for preliminary plat approval of Fhases 1 and 4. • The developer shall construct multi-use pathways as required by the Comprehensive Plan and presented on the preliminary plat Dated March 14, 2005. The future crossings of Ten Mile Creek and the Ridenbaugh Canal may be accomplished through bridges (Davinci Way stub street) connecting future development with Tuscany Lakes and Messina Hills Subdivision. • Park - Exhibit D Messina Meadows Lot 21 Black 1 of the proposed Messina Meadows Subdivision, dated March 14, 2005 is shown as a City Park. Prior to submitting a final plat the applicant shall bring the proposal before the Meridian City Parks Commission far a recommendation to the Meridian City Council to ultimately approve of Lot 21 Block 1 becoming a Public Park or if it is to remain as an open space%ommon lot maintained by the home owners association. If Lot 21 Block 1 is dedicated as a public park a clear title must be provided to the City Attorney for review Further, if Lot 21 Black 1 becomes a dedicated city park, an offset from impact fees for the tot lot, landscaping, parking, and other qualified improvements will be negotiated. Exhibit D Messina Meadows EXHIBIT E Messina Meadows Subdivision PP-O5-019 Preliminary Plat Site SpeciFic and Standard Conditions SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT 1. The preliminary plat prepared by Briggs Engineering, Inc, dated Mar 14, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-017) and Conditional Use Permit (CUP-O5-02G) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-OS-019). 2. In lieu of strict adherence to multi-pathway locations, the applicant may propose an alternative multi-use pathway system in compliance to the 2002 Future Land Use Map if approved by the Meridian Parks Department. 3. Place a note on the face of the final plat stating that all future front garage setbacks shall be 20-feet as measured from the property line or the back of sidewalk, whichever is more restrictive. Exceptions to this requirement would be the lots contained by Blocks 22 and 23. 4. Prioz to the City Engineer's signature of a final plat containing all structures not contained on a designated lot shall be removed. S. The submitted landscape plan prepared by The Land Graup, Inc., dated 2-15-OS is approved as submitted with changes. The following should be included in a revised landscape plan: • Depict and construct a 10-foot wide gravel shoulder on Amity Road abutting the site, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. • All micropaths within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12- 13-15-9. • All areas being counted toward the 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 plan. • 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 are removed. Exhibit E -Messina Meadows Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 6. Construct amicro-path as depicted on the Preliminary plat March 15, 2005 and drawn by Briggs Engineering, Inc. Appropriate signage should be included in the micropath as to direct pedestrian traffic to the appropriate trail system. 7. All road drainage shall be contained on site in the roadside swales as depicted. No trees shall be placed in such a manner as to interfere with drainage. S. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, unless otherwise approved by Nampa and Meridian Irrigation District. 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 not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 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 co system O&M manual shall be submitted prior to plan tapppovalu~The appgac~ant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 10. A detailed fencing plan shall be submitted upon application of the final plat. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of building permits. All fences shall taper down to 3-feet maximum within 20 feet of all right- of-way. A11 fencing shall be installed in accordance with MCC 12-4-10. Exhibit E Messina Meadows 11. Maintenance of all common areas shall be the responsibility of the Messina Meadows Homeowners' Association. 12. Staff is concerned about the potential effects of high groundwater in the proposed project area. Two significant waterways affect this property: the Ridenbaugh Canal along the entire northern boundary and Ten Mile Creek intersecting the project. Conventional wisdom holds that the shallow ground water table recedes once development occurs and agricultural irrigation ceases and waterways are tiled. However, every year a number of homeowners contact the Public Works Department regarding water in their crawl spaces in developments that have been completely built out. 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 seasonal high groundwater elevation. 13. The approval of this proposed development shall be conditional on the applicant being able to obtain a letter of map revision from FEMA for the proposed modified flood plain boundaries or redesign the development to comply with Meridian City Code 10-6-5 regarding Provisions for Flood Hazard Reduction. 14. Due to relatively high existing groundwater levels, applicant shall submit a Master Grading and Drainage plan as part of the development plans to be submitted with each phase of this development. The Master Grading and Drainage plan shall include at a minimum the following: a. Groundwater contours for this development at peak seasonal high depth. b. Finish floor elevation for all houses in this development. c. Elevation of crawl space for all houses in this development. d. Finish grade elevation at each lot corner. e. Drainage flow patterns on all lots. f. Applicant shall maintain a minimum of five ground water monitoring wells in project, at locations approved by the Public Works Department. Applicant shall continue monthly ground water monitoring for two years after final approval of each phase and provide information to the Public Works Department. g. If structural fill is to be placed on any lot, material specifications and compaction requirements shall be detailed and submitted to Public Works and the Building Department. h. If slab-on-grade construction is utilized in conjunction with typical footings, builders of each lot shall comply with all requirements contained in the International Building Code regarding slab on grade construction. The builder of each lot shall provide fill material gradation certification and a minimum of one compaction testing report per 500 square feet of Exhibit E -Messina Meadows first floor area (including garage) and provide such reports to the Meridian Building Department prior to commencement of any framing. i. The Master Grading and Drainage Plan must be approved by the Public Works Department prior to overall plan approval. Builders must provide finish floor and crawl space elevation certification far each house prior to issuance of certificate of occupancy. 1 S. All residential construction, where foundations would be within soil Groups II through IV of the Unified Soils Classification System, shall comply with the International Residential Code R405.1, pertaining to the requirement of drains around all concrete foundations that retain earth and enclose habitable or usable spaces located below grade. Approved drainage systems shall be installed at or below the area to be protected and shall discharge by gravity or mechanical means to an approved drainage system. The applicant shall provide Public Works and the Building Department with detailed sail classification profile of each test hole as determined by Associated Earth Sciences Incorporated. 16. Sanitary sewer service to the western and southern phases of the development shall be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal, and the northeastern portion shall connect to Messina Village Subdivision. The Subdivision designer is to coordinate main sizing and routing with the Public Works Department to be in accordance with the approved master sewer plan. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 17. Municipal water to this site shall be via extensions from existing mains in the Tuscany Development from the north. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. 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. 1 S. Other than the public street accesses approved by ACHD, direct lot access to Eagle Road and Amity Road are prohibited. A note shall be placed on the final plat restricting access to these roads. 19. All private streets as shown on the plat shall be a minimum width of 24 feet of improved surface as agreed upon by the letter dated May 25, 2005 GENERAL RE UIREMENTS-PRELIMINARY PLAT 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. Exhibit E -Messina Meadows 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. 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. 4. A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. 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. 7. 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. 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 100-year storm events. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. 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 1-foot above peak high groundwater. 9. The applicant shall coordinate mailbox locations with the Meridian Post Office. Exhibit E -Messina Meadows 10. 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. 11. 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. 12. The applicant shall be required to pay Public Works development plan review, and constntction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 13. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 14. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. OTHER AGENCY/DEPARTMENT COMMENTS & CONDITIONS MERIDIAN FIRE DEPARTMENT 1. One and two family dwellings will require afire-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 500' apart. International Fire Code Appendix C 2. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %z" 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 when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 1$" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exhibit E -Messina Meadows 4. The phasing plan may require that any roadway greater than 1 SO' 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 of 2$' inside and 48' outside radius. 6. All common driveways shall be straight or have a turning radius of 28' inside and 4$' outside and shall have a clear driving surface which is 20' wide. 7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 8. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 9. Fire lanes and streets shall have a vertical clearance of 13'6". This includes mature landscaping. 10. Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 11. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The applicant shall provide a stub street to the property to the (wesdeasdsouth). The two entrances should be separated by no less than %z the diagonal measurement of the full development. 12. Building setbacks shall be per the International Building Code for one and two story construction. 13. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 14. The proposed 491-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 1423.9 residents at build out. 1 S. The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic Life Support. The budget constraints are typically defined as capital outlay for .Exhibit E -Messina Meadows facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 16. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer 17. All portions of the buildings located on this project must be within 1 SO' of a paved surface as measured around the perimeter ofthe building. 18. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). MERIDIAN PARKS DEPARTMENT 1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. The pathway should connect through to Bellingham park subdivision. If Bellingham Park Subdivision fails to be approved the applicant shall provide on street connection from Lot 16 Block 16 to the Ten Mile Creek until such a time as an extension is possible. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 3. Minimum acreage standard for City Park: The City is willing to develop and maintain Community Parks, Urban Parks, and Neighborhood Parks. Neighborhood Parks will be reviewed on a case-by-case basis. The City may choose to maintain neighborhood parks at an acreage of seven acres or larger. It will be the responsibility of private homeowner groups or associations to develop and maintain the smaller mini parks and some Neighborhood Parks in their Exhibit E -Messina Meadows subdivision that the City does not maintain, Construction fill and grading must be approved by the Meridian Parks Director. 4. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed. 5. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed. MERIDIAN POLICE DEPARTMENT 1. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/ar Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. 2. Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Central District Health Department 1. Run-off is not to create a mosquito breeding problem. 2. Stormwater shall be pretreated through a grassy Swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. 3. The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal anal design a stormwater management system that prevents groundwater and surface water degradation. SANITARY SERVICES 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 2. SSC will not provide trash pick-up services utilizing the common driveway, The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. ADA COUNTY HIGHWAY DISTRICT Exhibit E -Messina Meadows Site Specific Conditions of Approval Dedicate 48-feet ofright-of--way from the centerline of Ainity Road and construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Amity Road. DR Dedicate 38-feet ofright-of--way from the centerline of Amity Road and construct a 5-foot concrete sidewalk located within the landscape buffer. Place the sidewalk within an easement. 2. Dedicate 48-feet ofright-of--way from the centerline of Eagle Road and construct a 5-foot concrete sidewalk located a minimum of 41-feet from the centerline of Eagle Road. OR Dedicate 38-feet ofright-of--way and construct a 5-foot concrete sidewalk located within the landscape buffer. Place the sidewalk within an easement. 3. Construct a continuous left-turn lane on Eagle Road at the intersection of Eagle Road and East Mona Lisa Drive. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 4. Construct a right turn-lane on Amity Road at the intersection of Amity Road and Montague Way. Coordinate the design of the taper with District staff. S. Construct alert-turn lane on Amity Road at the intersection of Amity Road and Montague Way. Provide a minimum of 100-feet of storage with shadow tapers for both the approach and departure directions. Coordinate the design of the turn lane with District staff. 6. Shift East Mona Lisa Drive to intersect Eagle Raad approximately 60-feet to the north to directly align with Zaldia Lane. 7. Construct South Montague Way to intersect Amity Road at the east property line, as proposed. 8. Construct East Mona Lisa Drive as an alternative street section that includes two 17-foot travel lanes with 2-foot concrete ribbon curb and an 8-foot drainage swale on both sides of the roadway within a total of 72-feet of right-of-way. Construct a 5-foot sidewalk located outside of the right-of--way within an easement (if it is determined that this development meets the criteria for the alternative street section). if it is determined that this site does not meet the established criteria, construct East Mona Lisa Drive as standard residential collector that includes a 36-foot street section with vertical curb, gutter, and S-foot concrete sidewalk Exhibit E -Messina Meadows within 50-feet ofright-of--way. Front on housing and direct lot access is prohibited regardless of the approved street section. 9. Construct Genoard Avenue and Deer Hill Drive as alternative street sections that include two 16-foot travel lanes, 2-foot concrete ribbons, S-foot drainage swales, 4-foot detached concrete sidewalks, and 2-foot utility easements (if the criteria for the alternative street section can be met) within a total of 64-feet ofright-of--way or construct Genoard Avenue and Deer Hill Drive as a standard residential street that includes a 36-foot street section with rolled curb, gutter, and 5-foot concrete sidewalk within 50-feet ofright-of--way. 10. Construct South Montague Way (from Amity Road to East Santo Stefano Drive) as one half of a 36-foot street section with vertical curb, gutter and sidewalk located on one side of the roadway and a 3-foot gravel shoulder and an adequately sized barrow ditch on the unimproved portion of the roadway. Create a centerline within the roadway to sheet storm drainage appropriately. Front on housing and direct lot access is prohibited. 11. Construct a portion of East Taormina Drive (abutting the 3.0-acre out parcel) as one half of a 36-foot street section with rolled curb, gutter and sidewalk located on one side of the roadway and a 3-foot gravel shoulder and an adequately sized barrow ditch an the unimproved portion of the roadway. Create a centerline within the roadway to sheet storm drainage appropriately. 12. Construct the remainder ofthe internal streets as alternative street sections that include two 16-foot travel lanes with 2-foot concrete ribbons and 8-foot drainage swales on both sides of the roadway within 52-feet ofright-of--way. Construct a 4-foot wide concrete sidewalk that is located outside of the right-of--way within an easement. If it is determined that this site does not meet the established criteria, construct the internal local roadways as standard 36-foot street sections with curb, gutter, and S-foot concrete sidewalk within 50-feet afrigM-of--way. 13. Extend East Deerhill Drive from the west property line approximately 210-feet south of the north property line, as proposed. 14. Shift the proposed stub street (South Zisa Avenue) to the west to serve the 14.7- acres site to the south. Construct the stub street in a location that is conducive to the redevelopment of the 14.7-acre site to the south. Provide the District with a road trust for one half of the cost of constructing a bridge over the Ten Mile Creek. Install a sign at the terminus of the stub street that states, "this road will be extended in the future." 15. Construct a stub street (South Messina Way) to the south property line located approximately 399-feet west of the east property line, as proposed. Install a sign at the terminus of the stub street that states, "this road will be extended in the future." Exhibit $ -Messina Meadows 16. Construct South Montague Way as a "quasi-stub street" abutting the property line, as proposed. 17. Construct a stub street (South Burra Avenue) to the south praperty line that is located approximately 900-feet west of Eagle Road, as proposed. Install a sign at the terminus of the stub street that states, "this road will be extended in the fixture." 18. Extend a stub street (South Burro Avenue) from the north property line into the site approximately 865-feet west of Eagle Road, as proposed. 19. Extend a stub street (South Mantague Avenue) from the north property line into the site appraximately 1,440-feet west of Eagle Road, as proposed. 20. Extend a stub street (South DaVinci Way) from the north property line into the site approximately 760-feet east of the west property line, as praposed. 21. Construct three roundabouts within the subdivision. Design the roundabouts with 21-foot street sections on either side of the center island with splitter islands and adequate signage. Coordinate the size and design of the roundabout with traffic services staff. 22. Construct the islands located within the public right-af--way a minimum of 4-feet wide with a minimum area of 100-square feet and should maintain a 21-foot street section on either side of the island. All propased landscape islands/medians within the public right-of--way dedicated by this plat shall be owned and maintained by a homeowners association. A note of this will be required on the final plat. 23. Construct one cul-de-sac turnaround within the subdivision (South Genoard Place), as proposed. Construct the turnaround to provide a minimum. turning radius of 45-feet. 24. Construct Decameron Lane, Ragusa Lane and Burro Lane as private roadways (if the City of Meridian approves them as private roadways). Pave the private roadways a minimum of 20-feet wide and at least 30-feet into the site beyond the edge of the public roadway and install pavement tapers with 1 S-foot curb radii abutting the existing roadway edge. Provide a plan showing how the private road grade meets the public road. 2S. Other than the access points that have specifically been approved with this application, direct lot access to Eagle Road and Amity Road is prohibited. A note will be required on the final plat stating these access restrictions. 26. Comply with all Standard Conditions of Approval. Exhibit E -Messina Meadows Standard Conditions of Approval 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 maybe 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. S. 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. d. 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. Fayment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, 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 cast 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- 5190 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 Exhibit E -Messina Meadows 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 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 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. Exhibit E -Messina Meadows EXHIBIT F Messina Meadows Subdivision CUP-OS-026 CUP/PD Site Specific and Standard Conditions SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1. The site plan prepared by Briggs Engineering, Tnc, dated March 14, 2005, is approved, with the conditions listed herein. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-OS-017) and Preliminary Plat (PP- OS-019) as a condition of the Conditional Use Permit (CUP-OS-026). 2. The project shall conform to the R-8 dimensional standards, except as follows: 1. Minimum frontage: 40-feet (non cul-de-sac lots)(non Gammon lots) 2. Minimum lot dimensions: 3,600 sq ft. 3. Minimum Setbacks shall be: Residential Building Setbacks - Front (Living Space) 15-feet Front (Face of Garage) 20-feet Rear 1 S-feet Rear, side entry garage S-feet Interior Side* 5-feet Street Side 15-feet * No additional setback per story Exemptions to residential Building Setbacks- For Blocks 22 and 23 the fallowing shall apply: Setback from Parkway - 5-Feet Setback from Private Street - 20-Feet Construction within Messina Meadows Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. 4. The future home on Lat 6, Block 9 will be a single level, with a bonus room allowance. All dormers would face east and the windows would be designed for first floor only on the west side and the garage will be constructed on the same setback as the driveway (S' to north property line of Lot 6 Block 9). 5. The future homes on Lots 8 and 9 of Block 9 will have all dormers face east and the windows would be designed for first floor only on the west side. Exhibit F -Messina Meadows 6. A six foot solid vinyl fence will be placed on the east, north, and west side of the property in question and the north side will be designed with a bean if needed to mitigate headlights 7. Provide a minimum of one pressure irrigation stub from each side of the Stark's property, which would be the north, east, and west property lines Provide a sewer and water stub to the property line fram Messina Meadows to the north property line of the Starks's property. Exhibit F -Messina Meadows EXHIBIT G Messina Meadows Subdivision AZ-OS-017 Zoning Amendment Findings According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning 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." The following is the list of standards found in 11-15-11: 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; In Chapter VII of the Comprehensive Plan, `medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the requested zoning designation, R-8, 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". The 3.58 dwelling units per acre proposed with the preliminary plat are consistent with previous Commission and Council actions and generally conform to the goals, objectives, and action items contained in the Comprehensive Plan for this area. In addition, the applicant's cover letter (dated March 7, 2005) lists several Comprehensive Plan policies, all of which support the annexation and proposed residential use of the property. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): After evaluating the original preliminary plat submittal and the Comprehensive Plan policies regarding hazardous use (floodplain), multi-use pathway, and preservation of natural features areas, staff discussed with the applicants agent the portion of the site within the floodplain and along the Ridenbaugh Canal, the Eight-Mile Drain and Ten-Mile Drain designated for multi-use pathways. Staff expressed concerns that the proposal needed to conform to the purpose statement of the natural features goals and policies and staff can make the findings to recommend approval based on the following: Chapter V A.2 P30 - Hazardous Areas -The purpose of the floodplain District is to guide development in the flood-prone areas of any watercourse that is consistent with the requirements for the conveyance of flood flows and to minimize the expense and inconveniences to the individual property owners and Exhibit G -Messina Meadows the general public through flooding. Uses permitted in this district are generally associated with open space, recreational, and agricultural land uses and do not hinder the movement of floodwaters. The applicant has submitted a letter from Paul Kunz (April 28, 2005) indicating that the applicant has made the first indications of filing far a Letter of Map Revision to the Federal Emergency Management Agency. The letter indicates that if the farm access roads are removed within the Bellingham Park proposal then the 100 year floods would be contained within the naturally graded banks of Ten-Mile Creek. As reported soils types closest to the Ten Mile Creek are prone to flooding with seasonal high groundwater levels at 5-10 feet below grade. The submitted plan has seventy (70) lots proposed in the current floodplain designation. The applicant has reviewed a letter from John Anderson, of Nampa Meridian Irrigation District addressing usage along major canal systems. Staff feels the plat dated March 14, 2005 adequately addresses the location of the multi- use pathways which provide a buffer from the creeks to residential lots and will not hinder the movement of floodwaters. Chapter VI C.2 P71 -Multiuse pathways: Pathways that encourage use by bicyclists and pedestrians can decrease road congestion and add to the community's quality of life. The proposed off-street and multiuse pathway systems are depicted in Figures VI-3 and VI-4. New and existing developments should ensure that the guidelines laid out in this plan are adopted. The applicant has included multiuse pathways proposed in this development. The Comprehensive Plan indicates in Figures VI -3 and VI-4 the locations of pathways along the Ridenbaugh Canal, Eight Mile Creek, and Ten-Mile Creek. In response to the Nampa Meridian Irrigation District letter indicating the need to have all pathways located away from the interchange of~the Ten-Mile Creek and the Ridenbaugh Canal, the applicant has proposed an alternate route far the pathway. Staff supports the pathway system in these locations. With the relocation of the pathways away from the canal systems the applicant has also proposed a more intensive use closer to the irrigation interchange than a pathway. The following goals and policies support the request far additional open space along natural resources: exhibit G _ Messina Meadows • "Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources."(Chapter V, Goal I, Objective A1) • "Preserve open space for recreation conservation and aesthetics" (Chapter V, Goal I, Objective A2) • "Identify waterways, wetlands, and other natural resources for preservation" (Chapter V, Goal I, Objective A, Action item 1) • "Identify feasible interconnected greenbelt areas along waterways, railroads, etc." (Chapter V, Goal I, Objective A, Action item 2) • "Develop and maintain greenbelts along waterways" (Chapter V, Goal I, Objective A, Action item 4) • "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial, and residential areas" (Chapter V, Goal I, Objective A, Action item 11) Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): • "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25 foot wide landscape berm with vegetation along Eagle Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way, and the sidewalk is located outside of the 2S foot wide buffer (or increase buffer to 40 feet). See Site Specific Condition #S in the Preliminary Plat section below. • "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The proposal as • "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 on page 57 of the Comprehensive Plan designates an on-street bikeway mid-mile between Victory Raad and Amity Road. The applicant is proposing a 36 foot street section for Wrightwood Way (collector). The applicant has not proposed an onstreet bike path for Locust Grove road between Victory and Amfty but the addition of a 10 foot gravel shoulder for future expansions should accommodate bike lanes. ExhibiC G -Messina Meadows A portion of the site located south of the quarter section line is locatd in the "Low Density Residential" Designation. In Chapter VII of the Comprehensive Plan, `Low density' is defined as areas including single-family homes at densities of three dwellin units or less er acre. The applicant is requesting that all the subject site be zoned R-$ (Medium Density Residential) and has made a request fora `step up' in density. The R-8 district allows for a maximum of eight ($) dwelling units per acre (MCC11-7-2.C). The applicant's requested design provides for larger lots consistent with a lower density transitional area. The comprehensive plan states on Page 104, Objective D- Flan for appropriate uses within rural areas: "Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable Zot sizes to buffer the interface between urban level densities and rural residential densities. " There is one approximately 3 acre lot located immediately south of the property classified as Low density residential. The applicant has calculated a residential density of 3.37 dwelling units to the acre far the overall low density designated area, however the lots surrounding the southern property are significantly larger and designed in such a manner as to be least intrusive. Although it would be possible to require an R-4 zoning designation staff sees the value in allowing one zoning designation on the entire subdivision. Staff supports the step up in density for this project. Staff recommends that the Commission and Council rely on staffls analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether the proposed zone and subsequent development is harmonious with and in accordance with the Comprehensive Flan. B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat and conditional use permit proposing single-family lots on the subject site (PF-OS-019 & CUP-OS-026). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying CUP/PD and PF applications are approved. 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; The existing proposal is consistent with the Comprehensive Plan. Staff does not anticipate commercial or other uses are planned for the site. Exhibit C -Messina Meadows D. 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 a substantial portion of the land to the north has been developed (or approved far development) in a manner similar to the proposed subdivision, with single-family dwelling units. The Tuscany Lakes Development (Tuscany Lakes, Messina Hills, Messina Village) to the north was approved with a gross density of 2.34 dwelling units per acre and a school site. Tuscany Lakes Subdivision is an R-4 subdivision with the lot range from 10,000 sq feet to 30,000 square feet. Neighboring Ada County Developments are in the 1 acre to 5 acre size range. This development is proposing significantly smaller lots, but within the acceptable limits far a medium density development bordering a low density residential area. There have been no recent street improvements in the area. Further, Eagle Road (south of Victory Raad) is not currently scheduled within ACHD's Five Year Work Program or Capital Improvements Flan (CIP) for roadway widening. This entire development is not currently serviceable by the City of Meridian's sanitary sewer system. Phase 1 shall be served by a connection in Messina Village Subdivision #2, while sewer service for the western and southern phases of the development will be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal. If this development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site in cooperation with Meridian Public Works. Staff finds that the subject site is more dense than surrounding proposals and provides a housing type which has not been utilized in the immediate vicinity (Blocks 22-23). The overall proposal is consistent far development in a fashion similar to other properties in the area. E. 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; The applicant has submitted several front elevations for the proposed single- family homes. If the homes are constructed in substantial compliance with the submitted elevations, they will be similar in design to other residences in the area. The existing character of the area will, and is, currently changing. However, this is one of the first developments to apply for residential uses south of the Ridenbaugh canal. This development will set the tone for how the rest of this area, particularly the south, develops or does not develop. Exhibit G -Messina Meadows The ro osed homes must be deli ed constructed and maintained in si nificant cam liance to the recommendations as listed b the Geotechnical ex erts re ort. The houses must be desi ed in a fashion as to not allow an oundwater to enter the crawls aces otherwise the housin roducts should be constructed without crawls aces. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be physically hazardous to future or existing uses or neighbors in the area. The floodplain must be engineered as to not hinder any floodwaters leaving the site. If a flood event occurs and buildings impact the flow of water downstream then the use may become hazardous to the neighboring properties. Staff recommends that the Commission and Council rely on staff analysis, comments from other agencies, and public testimony to determine whether the proposed use will be disturbing or hazardous to the existing neighboring uses and future expected uses in this vicinity. 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; This entire development is not currently serviceable by the City of Meridian's sanitary sewer system. Phase 1 shall be served by a connection in Messina Village Subdivision #2, while sewer service for the western and southern phases of the development will be via the future main located along Ten-Mile Creek, through Tuscany Subdivision and piped under the Ridenbaugh Canal. If this development is approved, it shall be subject to extending the sewer system. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Water to serve this development is existing or currently under development with Tuscany Lakes Subdivision. The applicant shall be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. 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. Exhi 6ic G -Messina Meadows Based on the comments received from other agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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; If approved, the developer will be financing the extension of sewer, water, public street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services. Staff finds there will not be excessive additional requirements at public cost and this development will not be detrimental to the economic welfare of the community. 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 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase with the approval of a development on this site; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate that annexation and development in accordance with current city code and the Comprehensive Plan will create excessive noise, smoke, fumes, glare, or odors. Fencing along all canals and waterways shall be a minimum of 6' in height and constructed of non-combustible materials as to not interfere with regular maintenance of ditches and waterways by Nampa Meridian Irrigation District. •f. 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; The applicant is proposing to construct one public street entrance into the site from Eagle Road and a public street connection to the site from Amity Road and a stub street at the % section line as outlined by the comprehensive plan. The proposed public street entrances to Eagle and Amity Roads have been proposed to ACHD. If all vehicular approaches (streets) are approved and constructed in accordance with ACRD policies, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. Please review any comments from ACHD for this project for additional information regarding this finding. Exhibit G -Messina Meadows K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and The comprehensive plan defines the Ten-Mile Creek and Eight Mile Creek as a natural features of importance, as described in the Annexation and Zoning Analysis A. The applicant should make all attempts at preservation of this natural feature. There are many game species in the vicinity which utilize the drainage systems for habitat. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature(s) of importance of which staff is unaware, L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? In accordance with the findings listed above, staff finds that the annexation zoning ofthis property, as proposed by the applicant, would be in the best interest of the City. Exhibit G -Messina Meadows EXHIBIT H Messina Meadows Subdivision PP-OS-019 Preliminary Plat Findings 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; Please see Annexation and Zaning Analysis "A" above. B. The availability of public services to accommodate the proposed development; Please see Annexation and Zoning Analysis "G" above. C. The continuity of the proposed development with the capital improvement program; Because the developer will be required to install sewer, water, and utilities for the development at their cost, staff finds that a development on this property will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; The development will nat require major expenditures for providing supporting services. Staff recommends the Commission and Council rely upon comments submitted from the public service providers (i.e. police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention; other than the floodway and potential groundwater/soils issues previously discussed, na hazardous natural features have been identified on the site. ACHD considers road safety issues in their analysis. Staff finds the Commission and Council should rely on any public testimony that maybe presented to determine whether the proposed use may cause health, safety or environmental problems of which staff are aware.