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HomeMy WebLinkAboutArnke Subdivision PP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 2.06 acres from RUT (Ada County) to R-40 (High Density Residential) AND Preliminary Plat Approval of 18 building lots and 3 common lots on 2.06 acres AND Conditional Use Permit Approval for 18 townhouses in a proposed R-40 zone, for Arnke Subdivision, by Michael Arnke. Case No(s): AZ-05-029, PP-05-028, CUP-05-037 For the City Council Hearing Date of: September 20, 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 of public 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 Idaho Code §67- 6509. b. The matter was duly considered by the City Council at the September 20, 2005, public hearing(s). The applicant, affected property owners, and government subdivisions providing services within the planning jurisdiction ofthe City of Meridian were given full opportunity to express comments and submit evidence. Written and oral testimony was received on this matter, as reflected in the records ofthe 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 The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. d. 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 evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. 3. Application and Property Facts CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-029/ PP-O5-028 / CUP.O5-037- PAGE 1 of 4 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 is Don and Betty HeffeL 4. Required Findings per Zoning and Subdivision Ordinance a. See the staff report attached as Exhibit A for the findings required for these applications. B. Conclusions of Law 1. 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 ITom 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. 6. 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 Descriptions in Exhibit A, the Preliminary Plat dated May 3, 2005 as shown in Exhibit A, the Site Plan dated May 4, 2005 as shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit A, the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit A, and the CUPIPD Site Specific and Standard Conditions as shown in Exhibit A. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-029 / PP-O5-028 I CUP-O5-037- PAGE 2 of 4 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 May 3, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated May 4, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions are as shown in Exhibit A. D. Notice of Applicable Time Limits 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please 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 or 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. Ifthe completion date specified for the project is exceeded, the conditional use application shall become 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 ofthe 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 ofthe 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.) Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-OS-029 / PP-OS-028 / CUP-OS-037- PAGE 3 of 4 concerning the matter at issue. A request for a regulatory takings analysis wil1 toll the time period within which a Petition for Judicial Review may be 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 may be 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 ajudicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits Exhibit A: Staff Report By action ofthe City Council at its regular meeting held on the ,2005. day of COUNCIL MEMBER SHAUN WARDLE VOTED COUNCIL MEMBER CHRISTINE DONNELL VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED MA YOR TAMMY de WEERD (TIE BREAKER) VOTED Attest: Mayor Tammy de Weerd 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-029/ PP-OS-028 / CUP-OS-03?- PAGE 4 of 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT ..: :<,}"rJ.~,:, ; Hearing ~ate: 9/2~/2005 ~ g / [II\~'¡ . I.~_tlf~ c , Mayor, CIty Councll '\...-/'VLtJrldl tf'n ! <I' '~, Josh Wilson, Associate City Planner,..; 1;).\lI(l )~ Michael Cole, Development Services Coordinat~:l'~'~t:.'!!"l""" "r> \I~'»:-( -.,- -----m.'- 191; City Council Hearing TO: FROM: SUBJECT: Arnke Subdivision . AZ~05-029 2.06 acres from RUT (Ada County) to Rw40 (High Density Residential) . PP-05-028 . 18 building lots and 3 common lots on 2.06 acres CUP-05-037 18 towMouses in a proposed R-40 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Michael Arnke, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Pennit (CUP) approval of 18 building lots and 3 common/other lots on 2.06 acres. The site is located on the north side of W. Pine Avenue approximately one-quarter of a mile west of Linder Road. This site is currently rural residential with one single family residential building and accessory buildings. The site has not been previously platted. 2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING . On August 18,2005, the Planning & Zoning Commission made a recommendation for approval on the subject application, as reflected in the Clerk's record and the minutes and duly considered the evidence and the record in this matter. Staff presenting application: Josh Wilson presented the application. In favor: Shawn Nickel, applicant's representative and Michael Arnke, applicant . . . In opposition: None. Commenting: Paul Geile Key Commission Changes to Staff Recommendation: . . 0 Accept changes to staff report as outlined in the memo from Josh Wilson, dated August 18,2005, with the following changes: . Modify Item #2 to include the requirement for a cross-access agreement with the LDS church property to the east, prior to submittal of the final plat. . Modify Item #4 to read "The request for the installation ofa security gate at the entrance to the service drive from E. Pine Avenue is approved, and the applicant shall work with Planning and Zoning staff to provide an acceptable escape route for vehicles that do not have access to the development." Outstanding Issues for City Council: . 0 Staff is not in support of the request for a security gate at the entrance to the Amke Subdivision- AZ-05-029, PP-05-028, CUP-05-03? PAGE 1 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 development from E. Pine Avenue. The applicant should detail at the hearing how the gate will be designed to minimize interference with traffic on E. Pine Avenue. The applicant should address stacking capacity, demonstrate an escape route for vehicles that do not have access to the development in order to prevent vehicles from backing out onto E. Pine Avenue, and address Fire Department concerns. 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2070 W. Pine Ave. / N. side ofW. Pine Ave., W. ofN. Linder Road 3NI Wll b. Owner: Don and Betty Heffel 8401 Justine Court Las Vegas, Nevada 89128 c. Applicant: Michael Amke 8401 Justine Court Las Vegas, Nevada, 89128 d. Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: COUNTY f. Present Comprehensive Plan Designation: High Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit AI): 5/03/05 2. Date of CUP site plan (attached as Exhibit A2): 5/04/05 3. Date oflandscape plan (attached as Exhibit A3): 4/24/05 h. Applicant's Statement/Justification (reference submittal material): Shawn L. Nickel, SLN Planning, Inc. has submitted a Letter of Intent with the application, dated May 15, 2005 for the AZ and PP, and July 14, 2005 for the CUP. The applicant states that the request is consistent with the Comprehensive Plan and will benefit the public interest by providing a diverse housing type. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public hearing is required before the City Council on this matter. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. The subject application will in fact constitute a conditional use as determined by City b. c. Arnke Subdivision- AZ-05-029, PP-05-028, CUP-05-03? PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: July 18 and August 1,2005 e. Radius notices mailed to properties within 300 feet on: July 20, 2005 f. Applicant posted notice on site by: July 26, 2005 5. LAND USE a. Existing Land Use(s): Rural Residential b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Existing residence and vacant land (for future expansion of Meridian High School), zoned R-4. 2. East: LDS Seminary and Meridian High School, zoned R-4. 3. South: W. Pine Avenue and Merrywood Subdivision, zoned R-8. 4. West: Existing Residence and vacant land, zoned RUT (Ada County). d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer service is available via an existing main located in the Meridian High School property. Location of water: Water service is being proposed via an extension of an existing main located in W. Pine Avenue. Issues or concerns: The preliminary plat indicates that sewer service for this proposed development would be via extension of proposed sewer mains to the north. At this time, the Public Works Department has not received any plans that show this line being installed. 2. Vegetation: N/ A 3. Flood plain: N/A 4. Canals/Ditches Irrigation: N/ A 5. Hazards: N/A 6. Proposed Zoning: R-40 (High Density Residential) 7. Size of Property: 2.06 acres f. Subdivision Plat Infonnation 1. Residential Lots: 18 2. Non-residential Lots: N/ A 3. Total Building Lots: 18 4. Common Lots: 3 5. Other Lots: N/A Amke Subdivision- AZ-05-029, PP-05-028, CUP.05-03? PAGE 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 6. Total Lots: NI A 7. Open Lots: N/A 8. Residential Area: 2.06 acres 9. Gross Density: 8.74 units per acre g. Landscaping 1. Width of street buffer(s): 20 feet on W. Pine Avenue required (Urban Collector); applicant has shown 25 feet on Preliminary Plat. 2. Width of buffer(s) between land uses: MCC states that the required buffers between land uses of differing intensity shall be provided by the more intense use. The Meridian High School parcel on the north will be required to provide a 20 foot land use buffer at time of development. 3. Percentage of site as open space (PP and PD applications): 10% is required, 10.90% was provided h. Conditional Use Information 1. Non-residential square footage: NI A 2. Proposed building height: Within 40' R-40 height limit 3. Percentage of site devoted to landscaping: 23,130 square feet (26.8%) 4. Number of Residential units: 18 1. Proposed and Required Residential Standards R-40 Setbacks Proposed Required Front 25 20 Street side N/A 20 Side 10 0 Rear 10.44 15 Frontage 0 0 Lot Size 2,752 sq. ft. 0 PLEASE NOTE: The applicant has not submitted a Planned Development application; therefore all setbacks and dimensional standards are to be per the R-40 zone. The setbacks and dimensional standards proposed by the applicant do not meet the R-40 zone minimums and cannot be approved. The required R-40 setbacks shall be measured from the external boundaries of the property as a whole. m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): 1. The applicant has proposed a private "service drive" which is 26 feet from back of curb to back of curb, with 24 feet of asphalt and has a sidewalk on one side. For a detailed report on the public streets and access points to public streets, please refer to the staff report from the Ada County Highway District. 6. AGENCY COMMENTS MEETING On July 1,2005 staff held an agency comments meeting. Amke Subdivision- AZ-05-029, PP-05-028, CUP-05-03? PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Staff has included all comments and recommended actions as Conditions of Approval from the meeting attached as Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning designation, R-40, is hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be High Density Residential. There is a maximum density of 40 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Arnke Subdivision is 8.71 dwelling units per acre. I got 8.74?? Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): . Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the jòllowing manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Fire and Emergency Medical Services will be provided by Meridian City Fire Station #2 and the project lies within the Meridian Fire Department's .five-minute response zone. . The subject lands currently lie within the jurisdiction of the Ada County Sheriff's qffice. Once annexed the lands will be serviced by the Meridian Police Department (MPD). . The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties to the west and east of the subject site are designated for high density residential uses on the Comprehensive Plan Future Land Use Map. The land to the north is designated for Public/Quasi-Public uses for expansion of Meridian High School. These surrounding uses are compatible with the proposed development. . Support a variety of residential categories (low., medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of Arnke Subdivision- AZ-05-029, PP-05-028, CUP-05-03? PAGES CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated High-Density Residential on the Future Land Use Map which ident(fies this area as an appropriate area for high-density residential development. This proposal meets the Comprehensive Plan definition of high-density, with a gross density of 8.71 dwelling units per acre. Chapter VII Goal IV Objective D Action 2. Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one 24 foot curb cut on W Pine Avenuefor all qfthe units in the development. . 2. Chapter VII Goal IV Objective D Action 5. Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, benns, etc.). The applicant has provided a 25 foot landscape buffer along W. Pine Avenue, which exceeds the required buffer along Urban Collector roadways, such as W. Pine Avenue. The buffer will be planted with vegetation consistent with Meridian City Code. Chapter VII Goal V Obj ective A Action 1. Designate specific areas with adequate public services for high density residential. 3. 4. The proposed development is adequately served by public services. Chapter VII Goal V Objective A Action 14. Locate high-density development, where possible, near open space corridors or other pennanent major open space and park facilities, Old Town, and near major access thoroughfares. The proposed development is near Old Town and is located on an Urban Collector roadway. Chapter VII Goal V Objective A Action 4. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family aaangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development. The applicant has proposed a townhouse development, which adds to the diversity of housing in Meridian. 5. Staff finds that the proposed R-40 zoning designation is hannonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2~llists Townhouses as conditional use in the R-40 zoning district. b. Purpose Statement of Zone: R-40 High Density Residential District: The purpose of the R-40 district is to pennit the establishment of high density residential uses at a density not exceeding forty (40) dwelling units per acre. Connection to the municipal water and sewer systems of the city is required. c. General Standards: According to MCC 11-17-1, the City should impose any condition(s) deemed necessary to insure compatibility of the development (CUP) with other uses in the vicinity and such additional safeguards as are necessary to uphold the intent of the Amke Subdivision- AZ-05-029, PP-05-028, CUP-05-037 PAGE 6 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 9. ANALYSIS ordinance. Please see Conditions of Approval in Exhibit B. a. Analysis of Facts Leading to Staff Recommendation ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. The annexation legal description submitted with the application (stamped on 5/04/05 by Todd Waite, PLS) shows the property as contiguous to the ~xisting 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 aDDlicant shall contact the Citv Attornev. Bill Nary. at 888-4433 to initiate this Drocess. The DA shall incOIporate 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 5-7~5l7, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape iITigation. . 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. . The applicant has submitted elevation drawings for the proposed dwelling units induded with the CUP. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Arnke Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed townhouse residential products. Please see Exhibit D for detailed analysis of facts and [IDdings. 1. Street Buffer along W. Pine Avenue/Lots 2-4 and 16-21: The applicant has proposed a 25 foot landscape buffer along W. Pine Avenue and a 20 foot buffer is required by Amke Subdivision- AZ-05-029, PP~05-028, CUP-05-03? PAGE ? CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 ordinance. In order to make the proposed development function and meet the required building setbacks, this buffer should be reduced to the required 20 feet and Lots 2A and 16-21 should be shifted 5 feet to the south. See Site Specific Condition 1.1.2. 2. Building Locations: Staff recommends that the applicant should relocate the open space and drainage area of Lot 5 and the visitor parking spaces to align with the entrance to the development from W. Pine Avenue. This could be accommodated by "flip-flopping" the location of Lots 9, 10, and 11 and the drainage area, so that the drainage area lies at the end of the entry drive and Lots 9, 10, and 11 are moved adjacent to Lot 12. The applicant should also add trees to the drainage lot behind the parking spaces to provide a more pleasing backdrop to the visitor parking. These changes will improve the appearance of the development to vehicles traveling on W. Pine Avenue and to vehicles entering the site. See Site Specific Condition 1.1.3. 3. Landscaving and Open SDace: Staff is generally supportive of the proposed landscaping design with the exception of the lack of trees in the drainage lot behind the visitor parking spaces. See discussion under Conditional Use Pennit Analysis #4 for further detail. MCC 12.13-16 requires ten percent of open space to be set aside for multi family subdivisions regardless of size. The applicant is proposing to set aside 9,788-sq ft (10.9% of the property), exclusive of required landscaping, for open space. All common lots which are approved as open space and will function as drainage areas shall be vegetated and usable by residents. See Standard Condition 1.2.2. 4. Tree Mitigation: There are several large trees on this site that the applicant is proposing to remove or relocate. 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 (MCC 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Standard Condition 1.2.6. 5. Pressure IrrÎlzation: The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should 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 cormection to the culinary water system shall be required. If a single-point cormection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the fmal plat by the City Engineer. An underground, pressurized iITigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12.13-8 andMCC 9-1-28. See Site Specific Condition 1.2.3. 6. Fencing:: The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. Ifpennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fences should taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with MCC 12-4-10. See Site Specific Condition 1.2.5. CONDITIONAL USE PERMIT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance ofthe proposed development with the Zoning Arnke Subdivision- AZ-05-029, PP-05-028, CUP-05-03? PAGE 8 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 Ordinance, staff believes that this is a good location for allowing a unique design for single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Lots 13. 14. 17. and 18: Due to the shape of the property, staff has concerns about the function of the common drive to Lots 13, 14, 16, and 17. The applicant shall maintain a distance of 30 feet from the face of the garage on Lot 14 to the face of garage on Lot 16 in order to ensure that the common drive functions as intended. See Site Specific Condition 1.3.3. 2. Service Drive: The proposal shows a 26 foot back-of-curb to back-of-curb service drive to access the residences in the development. The applicant has extended this drive to the western edge of Lots 12 and 18 and shows six units using a common driveway for access to their individual garages. The applicant should be required extend the service drive to the western edge of Lot 15, to ensure adequate vehicular access to all units in the development. See Site Specific Condition 1.1.4. 3. No Parking: Due to the width of the service drive, there will be no "on street" parking anywhere in the development. All vehicles shall be either parked within the garage of the residence or in the provided visitor parking spaces. The developer shall mark the service drive "No Parking- Fire Lane". See Fire Department Condition 3.4. 4. Setbacks: The applicant has not submitted a Planned Development application and all setbacks and dimensional standards shall be per the R-40 zone. The rear setback proposed on Lots 12-14 does not meet the 15 foot rear setback required in the R-40 zone and is not approved as submitted. Staff does not support a Variance application for this setback and the applicant can comply with required setbacks by shifting the building footprints on Lots 12 and 13 to the south so that the garage is at the edge of the service drive. The applicant shall modify the building footprints on Lots 12-14 to meet the required 15 foot rear setback. See Site Specific Condition 1.3.4. 5. BuildinlZ Locations: Staff recommends that the applicant should relocate the open space drainage lot and the visitor parking spaces to align with the entrance to the development from W. Pine Avenue. This could be accommodated by "flip-flopping" the location of Lots 9, 10, and 11 and the drainage lot, so that the drainage lot lies at the end ofthe entry drive and Lots 9, 10, and 11 are moved adjacent to Lot 12. The applicant should also add trees to the drainage lot behind the parking spaces to provide a more pleasing backdrop to the visitor parking. These changes will improve the appearance of the development to vehicles traveling on W. Pine Avenue and to vehicles entering the site, and will also help visitors locate the visitor parking more readily. See Site Specific Condition 1.1.3. 6. Elevations: The applicant has submitted elevation drawings for the proposed dwelling units included with the CUP. Staff believes that the dwelling units will be compatible with the adjoining uses, if the buildings are constructed as shown on the submitted elevations. Construction within Arnke Subdivision should substantially comply with the elevations submitted by the applicant. Construction materials used on the structures should be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. See Site Specific Condition 1.3.5. 10. PROPOSED MOTION Approve Arnke Subdivision- AZ-05-029, PP-05-028, CUP-05-03? PAGE 9 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 I move to approve File Number AZ~05-029/PP-05-028/CUP-05-037 as presented in the staff report for the hearing date of September 20, 2005, and the preliminary plat dated May 3, 2005, with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny File Number AZ-05-029/PP-05-028/CUP-05-037 as presented in the staff report dated for the hearing date of September 20, 2005, and the preliminary plat dated May 3, 2005 for the following reasons: (you must state specific reasons for denial for the CUP. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated: May 3,2005) 2. CUP Site Plan (dated: May 4,2005) 3. Landscape Plan (dated: April 24, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Amke Subdivision- AZ-05-029, PP-05-028, CUP-05-03? PAGE 10 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Preliminary Plat (dated: 5/03/05) --t ¡ . I i I '!:i 11111 1*-111 "' ' I I I 'I J ~ I ~ 9 I ! II!. I II :! ¡ =~ II .. I- I "1'1'" ,I I. . . -I. all II !.!!thliuPII ..1 g I ! ¡ I.. ¡¡ :W IF-'.WI! ~H I HiI .~.I ~ ~ tl~ "... I 1/ III .. .~. .r,~t ~I:~ .--r----------\. I - -- . ------.1.= :--~-~=-=-:.~ :=- 1;: =-- ------------ to. - I, " , ; : J . .. . .. ; . ."'" -" A- 1 : I I Ii I I rt --- ~" ! - r[ ~ , ! . ' , ~I ~I' I :11 ~ ! ' \ r " I !o I ! I !;1Þ I~ I ~ --- '" [1!!fI r .. .. 11 ~ -- ~ ~ I \ I J t (' I I .. .. I ¡ I I I I ,I ~ ,~ J I I Ii i . z a iñ :> is m ::) VI W ~ Z Q:; « tit ~! CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2. CUP Site Plan (dated: 5/04/05) 1'T- ,,- /1, J~I A-2 --~ t ..+ -Ii "...." .. '0, '" "0 I ilfi JUt IJ JJ JI:!! . .. .. .. .. .. : . : ; ~I f cL if ~f5i Q ø ~~! ~ "~r: ~ ~ J,JmJ¡ I ",¡ i~ I mil hll z 0 iñ 5 ã CD ::> (/) lU ::.:: z 0:: -0:: . tF ~ ~, g:fI:1l ~~ o~, Z~II :Jz \i CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 3. Landscape Plan (dated: 4/24/05) ~Gil ¡i!: ,Ii' N.d ~dv;;a~~~ l~~',^WN~"Il3~~llœJ~ II¡Iii: !:iil/I,c ~~rn"""~ t,,::~»<,--: [I: :_,,"--- -~glsl"-~~8ns ~2!-~~-~ -- -- J'~ ;'._'~-~:'!:_JI"JI,f¡n '-",5 ¡j ! ¡I¡ I I 111¡I'!1 j III' . I! ¡ If 'illhl¡ , ,I , : ~ j ! i ¡ ,/'I,'!! I J II : [I r I IIi '1- ¡ , I I I", 'I" I ! ,rl øì ¡¡¡J lq¡ III!¡lli! ¡Ii' i? I ! II j ¡ Ii ¡ : ¡ I II II ¡ I I' I' f ! II I' I' /111 'II' I I' ill ¡/1 'I¡ Ii II I , [., 5 'lo: ¡ d'I'I¡' ¡! JIII'I!! 11¡lilll ¡II I' ¡P,' r:: I " III!' "1 'I" ¡II ê3h¡ iill/:.rliIIW1tl!l¡tll ìl, f'lI' ~ "¡!I'idJ¡I'li!'IJI/!II! ílhìlllllllll! :;';1,1/ P¡ljI i! ¡[¡I!!! !II I 'I'i I I 111 wi,lk1 'I ,,-¡I¡IIJ;!m III HI J, IfIll! :,!1 ~'lhllll'I'rí'!lldrl'" I.., ul'¡'11 ~i I1JIIII11111111I,111111111jI/11'/;/I,1 1I1ll1fl11 I -- .. .- -.., -- " ." , .... ,,~-~_:~..-- i : "1 II , j " -,_'1--- -- ----- I I j : J-:-;íTr~[: :@ , I, 1 , I I 1 i ¡ I :@ , 1.,,-- A- 3 -- ---- 11 '- 1\ iJ~' ~ -", ~> 0 -', liJ, ,-:i >"> Sf '"I ~I ¡ a:'.., ("'; - 0)' , ô:J H ¡::II II S!I I,:¡ =:>:1; ! I I j¡ ':::iil; ! ¡ ! :! <I; Ii , : ¡, Ojl 1\, '¡' " f-H",; ¡ t 11 bJ'!1 h ¡Ii ¡Ii ~ 11 Ç"¡"I/:U¡;í¡ 0::-1- ¡ .. J f " "-- -, - °1 ~I ¡ C" , ..J ¡ - ;¡I' ¡ -] ¡ I a::,,----O ~I 1'\:1 1 ~:i -, " Ii I . i?: I,:;?, Ii ;'" ~' , "!, It - I' , --'j: d'.- ;" ¡'! ,] ¡ ! ~, ~:\:~!¡!'>,(,,:]-j(J; ~ ,¡i ' I,,¡! '/i !ij I ¡ z- - t;-:;¡; ;,c' ¡ :'_: I¡-! ¡I ;:: .. : 'Ii I",!,;?, .., i"".--->-I -, ,j' II ¡ JI f_~.nt_~_>~-~" ¡'I ¡ I' EL' 4' , - ' '-' -' ,- I -, I : (\:1 .1~Y::>f j I;, I¡o: 'ti ~¡li\ J j/, i~,il-~--t; :: iF 1m EI "'A~IMo~",,-,"i ':I "¡~- 'i'i"..,':',! lI'ìHlo " \'; L !!ÎI% 81 " ,J'P ,,- 'I¡-'I'! ,---' , ,- "-, ,,' 1'1" 0- . " :', ,- .,¡' , UJl ,I - ~I; ¡¡I¡'I);!; '?, , . ", fl/!uhl i('.J~ ". . .. - ,- 1'1, Ii I; ,', .'" [; . ¡-',. -', Ii II ¡ 0>- i!,¿H_;,i:H¡¡r!¡II~I' " j¡!\ "I ~ -,;"'! Ii I'I! « , )"-~" 'f!1-! ¡[ 1 '1 ~f>', j;j,;>;¡;'\\ hi 1,1< UJI ~~~NJ'~\i\~;£~~6J ¡n ¡III ~I ß~i!~r'1,7../r}+î ¡~ ¡!IIi!" :g " VII '-.--~ 'I "" 'i" 0, .- .I"ff--"I'" -II' ¡.'~, -'" - "1' ~" ~;'!i! >::¡I ~ -,- -Iii"..""'" " ¡¡hint z- ii', ì!ji¡¡H. ~L "í'¡hœ "- L':-: ,:-- .."'"'.'-...-.......,.....-"..----,.->-c-,,--.."'.."'.....-- CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT The preliminary plat labeled as PP-l prepared by Munger Engineering, dated May 3, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-029) and Conditional Use Pennit (CUP-05-037) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-028). The applicant has proposed a 25~foot landscape buffer along W. Pine Avenue and a 20 foot buffer is required by ordinance. In order to make the proposed development function and meet the required building setbacks, this buffer shall be reduced to the required 20 feet and Lots 2, 3, 4, 16, 17, 18, 19, 20, and 21 shall be shifted 5 feet to the south. The ~lieaHt shall reeoafig1:H'ø Lot 5 tl) aliga the drainage/opøn spRee area '-'lith the øntraaee drive to the develepæeHt aad fflO'le Lots 9, 10, aad 11 to the east to be adjacent to Ll)t 12. The applicant shall extend the service drive to the eastern propertY line and provide a secondary emergency access which connects with the driveway on the LDS property to the east. The access shall meet all Meridian Fire Department standards and shall be closed with bollards and a chain with a Knoxbox per the Meridian Fire Department. The applicant shall submit proof of a recorded cross access easement with the LDS Church propertY to the east Dfior to submittal of the final plat" The applicant shall extend the sidewalk located on the south side of the service drive to the western edge of Lot +é 17. Prior to the City Engineer's signature of a final plat all structures not contained on a designated lot shall be removed. A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 1.1.9 All road drainage shall be contained on site in the drainage lots as depicted. 1.1.10 Maintenance of all conunon areas shall be the responsibility of the Amke Subdivision Homeowners' Association. 1.1.11 1.1.12 1.1.13 1.2 1.2.1 B ~ 1 Other than the public street access approved by ACHD, direct lot access to W. Pine Avenue is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue. The reQuest for the installation of a security !!ate at the entrance to the service drive from E. Pine Avenue is approved. and the applicant shall work with Plamúng and Zoning staff to provide an acceptable escape route for vehicles that do not have access to the development. The applicant shall place the extended service drive within a cross access easement across Lots 12.13.14.16.17 and 18. GENERAL REQUIREMENTS-PRELIMINARY PLAT Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under MCC 12.13- 14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should 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 will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 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. The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.2.7 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 Settlers Irrigation District. Plans will need to be approved by the appropriate inigation/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, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.3 SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1.3.1 B-2 The CUP site plan labeled as PP-2, prepared by Munger Engineering, dated May 4, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-029) and Preliminary Plat (PP-05-028) and Development Agreement shall also be considered conditions of the Conditional Use Pennit (Cup.05-037), 2.2 2.3 2.4 2.5 2.6 2.7 B-3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1.3.2 The rear setback proposed on Lots 12-14 does not meet the 15 foot rear setback required in the R- 40 zone and is not approved as submitted. The applicant shall modify the building footprints on Lots 12 and 13 to meet the required 15 foot rear setback. The applicant shall maintain a distance of 30 feet from the face of the garage on Lot 14 to the face of garage on Lot 16 in order to ensure that the service drive functions as intended. The project shall confonn to the R-40 dimensional standards and setbacks. Construction within Amke 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 Unifonn Building Code. All construction within Amke Subdivision shall be townhouse homes and built within the limitations outlined within this report. 1.3.3 1.3.4 1.3.5 1.3.6 2 2.1 PUBLIC WORKS DEPARTMENT Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has not indicated who will own the pressurized iITigations system in this proposed development. If it is to be owned and operated by an Irrigation District than a license agreement shall be entered into prior to the scheduling of a pre-construction meeting. If it is to be a private system owned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a [mal copy to be submitted prior to signature on the final plat by the City Engineer. All existing buildings shall be removed prior to the City Engineer's signature on the final plat. Any existing domestic well and/or septic systems within this project shall be removed from 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 with approval for Idaho Department of Water Resources. Revise plat note 1 to include a 10-foot wide Public Utilities easement on all lot lines common to Lot 5 Block 1. The preliminary plat indicates that sewer service for this proposed development would be via extension of proposed sewer mains to the north. At this time, the Public Works Department has not received any plans that show this line being installed. The approval of this project shall be contingent on the applicant's ability to acquire the necessary easements to facilitate the extension of sewer mains to this property. The applicant shall coordinate sewer main size and routing with the Public Works department. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of the pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. Water service to this site is being proposed via extensions of mains located in Pine Street. The applicant shall be required to install all mains necessary to serve this site. Coordinate main size and routing with the Public Works Department. The applicant shall execute City of Meridian Standard fonns of easement for any mains that are required to provide service. The applicant has not indicated how they will dispose of stonn drainage, other than to say it will be removed via surface facilities. A drainage plan designed by a State of Idaho licensed architect CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 or engineer is required and shall be submitted to the City Engineer (Ord. 557, 1 0-1 ~91) for all off- street parking areas, and private roadways. Stonn water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and polices. Off.site disposal into a surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 2.8 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 2.9 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etd., prior to signature on the final plat. 2.10 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.11 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.12 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 2.16 All grading of the site shall be perfonned in confonnance with MCC 11.12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. FIRE DEPARTMENT Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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. 3. 3.1 B-4 3.8 3.9 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above fmish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.2 All common driveways shall be straight or have a turning radius of28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.3 Provide a 20' wide Fire Lane for all intemal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 3.4 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.5 Operational fIre hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 Commercial and office occupancies will require a fIre-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. 3.7 The proposed 18-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 52 residents at build out. The first digit of the Apartment/Office Suite shall coITespond to the floor level. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.10 All R.2 occupancies with 6 or more units or with 3 floors shall be required to be fire sprinklered. 4. POLICE DEPARTMENT No comments received. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13.13-6) will be followed. 5.2 6. 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. SANITARY SERVICE COMPANY No comments received. ADA COUNTY HIGHWAY DISTRICT 7. B - 5 CITY OF MERIDJAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B-6 " " "' ., ".. ",.' "'-""---"'""""""","'.."." 3. Other Access Pine Avenue is a collector roadway, Other than the access point that has been Specifically approved with this application, direct lot access to Pine Avenue Is prohibited and should be noted on the final plat. C. Site Specific Condlt!ons of Approvat 1. Dedicate right-of-way to tolal 35-feet from the centerline of Pine Avenue abutting the site. Widen the pavement to one half of a 46-foot street section and construct vertical curb, gutter, and a 5-foot detached concrete sidewalk abutting the site on Pine Avenue. Pine Avenue shall be signed for "NO PARKING", OR Dedicate right-of-way to total 32.feet right-of-way from the centerline of Pine Avenue abutting the site. Widen the pavement to one half of a 46-foot street section and construct vertical curt>, gutter, and a 7..foot attached concrete sidewalk abutting the site on Pine Avenue. Pine Avenue shall be signed for "NO PARKING". Dedicate by means of recordation of a final subdivision plat or execution of a warranty deed prior to ISsuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material, The owner will not be compensated for this additional right-of-way because Pine Avenue is classified as a collector roadway and is to be brought to adopted standards by the developers of abutting properties. 2, Locate the driveway to Intersect Pine Avenue as proposed, approximately 115-feet east of the west property line. Provide written approval from the City of Meridian that documents their approval of the 3-unit attached dwelling proposal, 3. Construct a 24-foot wide driveway, as proposed. with 15-foot curt> radii. 4, Other than the access point that has been spedfically approved with this application, direct lot access to Pine Avenue is prohibited and shall be noted on the final plat. 5. Comply with aU Standard Conditions of Approval, D. Standard Conditions of Approval 1. Any existing Irrigation fadlltles shall be relocated outside of the right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 2. 3. Replace any existing damaged curt>, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction SeIVioes at 387-6280 (with file number) for details, 4, UtJllty sITae! cuts in pavement less than five years old are not allowed unless approved in writing by the Disbict. Contact the District's Utility Coordinator at 387.ß258 (with file numbers) for details. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B-? "c,"._-~,_._-",-- "._------~..,., ""'-<'.'.""".c"" ". """--"----.,.,.-""-'--.-....---., "."",.c, 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. Construction. use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to Distnct approval for OCcupancy. 7. 8, Payment 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 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-or-way. The applicant shall COntact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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. E. Conclusions of Law 1, The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied, 2. ACHD requirements are intended to assure that the Proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinIty impacted by the proposed development. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description m~_,"'~~-"""""_,,-- ",~~,," " '" ,-", "--'-~.._",,~- ""C,,------'----~ claiborn..... waite (onsultìng~ engineers & stJl'veyOl'S 1461 S. Teare Avenue Meridian, Idaho !l3642 (208) 288-2693 Fax (208) 884-8002 P.N, 2234 May 4, 2005 ANNEXA nON & REZONE DESCRIPTION FOR PROPOSED ARNKE SUBDMSION A parcel ofland located in the Northeast 1/4 of Section II, T.3N., RIW, B.M., Meridian, Ada County, Idaho, and being more particularly described as foUows: Commencing at the East 1/4 comer of said Section 11, from which the Center 1/4 comer bears N 89<'10'36" W, 2655,,10 feet; thence N 89°10'36" W along the South boundary of said Northeast 1/4, also being the centerline ofW. Pine Avenue for a distance of 1431.35 feet to the REAL POINT OF BEGINNING; thence leaving said South boundary N 00"29'24" E for a distance of 264. I? feet (fonnerly described as N 00°02' E, 263.6 feet); thence N 89<'38 '27" W for a distance of 46. 97 feet; thence N 76°41 '50" W for a distance of94.49 feet (fonnerly described as N 77°39' W, 95,,1 feet); thence N 83°29'OT' W for a distance of218,62 feet (fonnerly described as N 84°33' W, 218.4 feet); thence S 00"51'32" W for a distance of305.88 feet (formerly described as S 00°02' W, 304.6 feet) to a point on the South boundary of said Northeast 1/4, also being the centerline ofW Pine Avenue; thenœ S 89"10'36" E for a distance of358.50 feet to the POINT OF BEGINNING; containing 2.. 34 acres of land, more or less, "- s::JW ~:RÇWA\',(ï1----..; -" ..I--U Prepared by: Todd R. Waite P.L.S. (.it" I" ' MERIDIAN PUBLIC WOPK5 DEPT" \\Spud I Iprojects\Amkc (2234 )\Oocumentß\ARNIŒAnnexdesc,doc-] C~ I V'1 Z 0 ¡::: V'1 I.IJ ;:J 0- ¡...; ~ 0 i:l.. ~ L.I.. L.I.. « E-< V'1 E-< Z I.IJ ~ « 0- I.IJ 0 Cj z ~ N 0 ~ " 2:; Z ~ .....¡ 0- Z -<: S ~ IJJ ~ p;.. 0 >- t; U <") <") <r¡ <r¡ .J 0() 0() ~ 0() 0 ~ .....¡ .....¡ < U '1 1 , ì I . . ~ ~ . 8<õ';i'õ ifpw ':.IiI " ,"".ntO 'T- 1UlRrl' <!) @ (!) @-r@ I @ (. "'">0-.. ""'? ',t - 0 '" I I u' ..It -- !II I I ~@j--- .. I , I 0 @ 0 Œ> a ""'HO' ,"."""., .~> I \\ ' I . \ THESE CRAMNCs. OR ANy F'OR~ THfR£OF", SHAlL NOT BE USEe ON MY PliO..£C'T OR €XTEHS¡CfoIS CF THIS PRO,.£CT EXCEPT BY ~GRŒr.IENT IN YO<1TING \liT!< CUJ8ORH \\WI!. Ll.c. '- ~ ....- .~~ ~ - ûr1~~~ \ MERIDIAN PUBLIC WORKS DEPT. @ ,~ ¡ \ I I I I ! ! J ' . lS N 1- a SO' H ~;;::; ¡:~- ;~~ ~~. 00- ;: 100 ~ ,'" " 'I I /-- ~ 0 J I @) : ' I - - - - J --!.""'.'- -w - - - - - ~ -'~L -.!1 PI.~ .Vl. .-... -", .;: -~-- .w SCAt£: I f'""y.,o, I 1000"'".. i I ! ANNEXA TION & ZONING MAP FOR PROPOSéDARN/Œ SUBDNISION claiborn .. waite consulting- lie , ""'_..-..~--.~_.- N u E. D - 1 CITY OF MERIDiAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. ANNEXATION FINDINGS: According to Ordinance II-IS-II, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: Á. 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; See Comprehensive Plans and Policies as listed in the Amke Subdivision staff report item #7 above. City Council finds the proposal in accordance with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; City Council finds that townhouses are a conditional use within the requested zoning district of R-40. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation, provided that the accompanying Conditional Use Permit application for townhouses is approved. 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; City Council finds that the subject property is the first property within the High Density Residential designation on the north side of Pine Avenue, west of Linder Road, to request annexation and zoning for a multi~family development. City Council finds that a substantial portion of the land around the site has been developed in a manner harmonious to the proposed subdivision. The neighboring Ada County parcel to the west is very large and contains agricultural uses. This development is proposing significantly smaller lots, but within the acceptable limits for a high density development. Pine Avenue is not currently included within ACHD's Five Year Work Program or in the currently adopted 20-year Capital Improvements Plan for roadway improvements. The applicant shall comply with all ACHD conditions of approval for the site. Will the proposed uses he 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; CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 City Council finds that the requested zoning and proposed density is within the anticipated range for a high density urban project. City Council also finds that the proposed zoning/uses can be designed and constructed in a manner that will be hannonious with, and appropriate in appearance with, the existing and intended character of the surrounding area. The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which states that "multi-family developments shall provide common open space that equals or exceeds ten (10) percent of the gross land area of the development." The common lots provide 9,788 sq/ft of open space which is approximately 10.9% of the site. City Council does not find that the proposed zoning or uses will adversely change the essential character of area. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. Access to W. Pine Avenue shall be taken through the service drive as designed. 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; The applicant will be responsible for the extension of all sewer and water mains necessary to serve 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. On July 1, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. 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 fmancing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services. City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. D- 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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; City Council fmds that the proposed annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; ACHD is supportive of the curb cut on W. Pine Avenue provided that the City of Meridian approves the townhouse use on the property. If townhouses are not approved, ACHD has requested written approval from the City of Meridian that documents approval of 3-unit attached structures. If is designed and constructed as approved by the ACHD and the City, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)? The R-40 zoning amendment will provide diversity of housing product for the City of Meridian. Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. In. accordance with the findings listed above, staff finds that annexation and zonin!! of this propertv would be in the best interest of the City. 2. PRELIMINARY PLAT FINDINGS Sections 12-3w3 J.2 and 12-3-5 D read as follows; "In. deteffiÚning the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following; A. The conformance of the subdivision with the Comprehensive Development Plan; City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed layout as a practical solution to address the D - 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 constraints of infill development which has design criteria dictated by previous developments. Please see Annexation and Zoning Analysis "A". B. The availability of public services to accommodate the proposed development; City Council finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public financial capability of supporting services for the proposed development; (See rIDding "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. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 3. CONDITIONAL USE FINDINGS The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in tenus of the following and may approve a conditional use pennit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. B. C. D -4 That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; City Council finds that the subject property is large enough to accommodate the requested use and all other required features, subj ect to the conditions and comments contained in the staff report for Arnke Subdivision. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; City Council finds that the proposed multi-family residential subdivision, with a gross density of 8.71 dwelling units per acre, is generally hanuonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "High Density Residential". Please see Annexation & Zoning Analysis "A" above. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general I. D- 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation & Zoning Analysis "E" above. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; City Council finds that the proposed uses will not adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any snch services; Please see Annexation & Zoning Analysis "G" and "H" above, the "Other AgencylDepartment Comments and Conditions" at the end ofthis report, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use 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; Please see Annexation & Zoning Analysis "H" above. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Analysis "I" above. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Please see Annexation & Zoning Analysis "J" above. The Commission and Council should review any comments received from the ACHD provide for this project when detennining this rIDding. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation & Zoning Analysis "K" above.