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HomeMy WebLinkAboutHollybrook Subdivision AZ-05-026 CUP-05-053 PP-05-025 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 15.32 Acres from RUT/Rl (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Fifty-three (53) single family residential lots and Eleven (11) Common/Other Lots AND Conditional Use Permit Approval for a Planned Development Consisting of reduced frontage and reduced setbacks, for Hollybrook Subdivision, by Hollybrook, LLc. Case No(s). AZ-O5-026, CUP-O5-033, and PP-O5-025 For the City Council Hearing Date of: October 4, 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. The matter was duly considered by the City Council at the October 4, 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). The Planning and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. c. d. The City Council heard and took 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 evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-026/ PP-O5-025 / CUP-O5-033- PAGE 1 of 4 3. 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 is Hollybrook, LLC. 4. Required Findings per Zoning and Subdivision Ordinance a. See attached staff report for findings related to all 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, the Preliminary Plat dated September 21,2005, the Site Plan dated July 14, 2005, the Annexation and Zoning Comments, the Preliminary Plat Site Specific and Standard Conditions of approval, and the CUPIPD Site Specific and Standard Conditions all contained in the attached staff report. 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-O5-026/ PP-O5-025 / CUP-O5-033- 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 September 21, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 14, 2005 is hereby conditionally approved; and, 3. The Site Specific and Standard Conditions contained in the attached staff report 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. If the 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 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 ITom 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.) 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-O5-026/ PP-O5-025 / CUP-O5-033- PAGE 3 of 4 concerning the matter at issue. A request for a regulatory takings analysis will 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 pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Exhibits: See attached Staff Report By action of the City Council at its regular meeting held on the Ð (}foylvv , 2005. 4#J day of COUNCIL MEMBER SHAUN WARDLE VOTED~ V 0 TED ---11.h-J. tf ~ t COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE VOTED~ VOTED ~ VOTED - COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) i-------~ Attest:-- and City Attorney. By: ShcVI (!7 ( frvu ~ City Clerk's Office Dated: /D - () 7- rJCS- CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-026/ PP-O5-025 / CUP-O5-033- PAGE 4 of4 A. Drawings 1. Preliminary Plat (dated: July 14, 2005) 1'~ .-,.~ , I !' - I": '11 i' I II ,it í!i J! 'i' II I. r E.t 'I' :-¡I . Ih - - 1.5 + f t JiH ".- --I aliii- . fit .j'J ~; I~ 115 II ; 1-"1 I IH fIT'- - --,I " Ü ,." - -I II " Ü.! :' ~~i -.111 ,I¡ U jJ1! j - I thIll-' l {~ --'- d Ii 1 I. 1 , ~ //_2-' ¡ ~U ;------ I.'; "I ~_-I I.- I ' . I ~ ";------6:11 OJ 1>~ ---. nmH¡\WI m /¡!I!IIUE~ ¡ ~ I 0 : ¡ I "'1-~ --.1 iii I~ ~~:.--!'-I~ II oi-)! !¡I i h~ì I ¡ i I ~ii -- ~---~~ "!! .dlll Ii ~!i¡¡'1'E' p~~.,"'-j~1 U1D:t.~Lf . -- .-.' . ¡ :1: , , ¡ , -t" ::ii:- ~.~ -~ "~ ..~ Ili~-~'----"'-~-~-~--- ~: ~í¡; I~~~; ¡¡ni'; ¡ imliili ¡ ~;!¡ !~; III! 'i IIH~ f i i ¡~ ,~ øa Q I,ô j. ~,ih'M ~ht,.-,.... i.,.;.- jl¡!pil II ; I Ii, d i !~~j~i!~i¡ ~ ; ii!d~;~¡ n~~¡! !!¡!I¡n t¡ !;I¡;I~¡!! i:¡~ n HI ¡j,I§; I i ~ ;w)~I,:i ~ '¥.g':=; I Jh~J¡t'~ ¡1.lt~ ~! ~!i"! \ ----"'------------------1 ".,' :¡¡ , >1 § Of' 'I §.! = ,I ~¡, -- ! ~~t I ~ ; il~ilf < II!I~I f !ii~ '1.1; , m~~:I:* -< ~ I!~ ¡b~; ,:!~H! !hi,;~¡:! i I I;, !i~! i-I;m ~: .!' I' ,I. ,flU' lit J~~u<'_' . . Y sf' -- Hi' . ~.¡!" I t';¡ . ¡ -- . ì ! .. i;w~ < I'w~ I ,I ~ I i. ~ < W' ~' ll.i i~![; !~§~i i ;:t'ã;'! , * I ¡Œ ~ " ; i' , ,,' !" i ~'i I~~ W~!! ";~<' r!. II! ! .~"._----""""--,-"----"------.. - .. Hollybrook Subdivision Drawings EXHIBIT A Hollybrook Subdivision Meridian. Idaho (¡] ::¡ c ~ 0 z » 1) 0 ;IJ --I Õ Z ' ~-a I I;o . mm (¡]r:: : ~g I --z I (/J~» , m :1J :;:°-< , m"T1-a i <!!:1ç: gm--l ~(/JO - :¡:"T1 " » -;¡: 8 t> ¡;; 0 '" þ 0:: O"T1--< ' O(¡]UI , Cm:1J zo8 --1--1 ---<õ" õzø ~::æ 0:'; S! 0$ ~!?! %0 øz I 'ij ... ~ c: --I ;r:: ~ % G) m m » (¡] .--1 """""' .- _.lJ.C "- ...... "- ~: 116<»,""""- . i;¡; ~ -""""","" M' ... . ".".."... ,.. --, - , '."' CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 1.1 Revised Preliminary Plat (dated September 21, 2005) ~~:.M<I ~"'-I UO!Sl^!PQns'ltowq^!IOH ~ 1,"--'-'_:"',--""'" -"iii~" ""'"'" I! i I , ¡:í, ;¡, ,,;i,- . ¡¡, ! ~h., t" ", r---ç-l-: "-----:1', ¡ i¡;! Ii :1:¡ ¡! ¡ i¡i,iW I :n¡i¡ ~; íj m ¡ ": ,m l~d!¡ ~ï¡ i,-¡II ,'HI-,: II' ¡'i f 'ii ¡\"¡~-L} :,I,¡!-'II,';;;\ ~,!,: ;,¡,,::,,"'!!~!h':~.i '¡Ii', I, ,i :¡); i: ,¡,II: i! ¡ ¡ ¡~:$i';¡ ¡ :í~:¡! ~¡:¡¡ m ; ~ ~:¡~~:;¡¡: !~~ ~~,~L:!}I;'~,__~-:J¡-'i~-i ':¡,I'O"'i'qll¡ "ih¡I'if"I:",,--,,'~"n:""': ~ ' , :.~'~' - ;!¡i;¡;n;~!.~I¡~¡:~¡hl!'¡'i¡¡i!:;:;;¡;;!;¡~ì¡,:¡W!~'1i(li ~ '~!!~i~~~ ~ J:~¡¡::!~li¡¡i~¡ ¡;¡i;:;¡!¡I'I;!:¡il!¡~¡f¡;iP¡~i:íi,§{1!1-ml i; f ~ I!: I~~;~I!' ~ ~iil:~~J¡¡II~:I¡.¡j:' "'~II!;.,:;¡ ;~;:¡,¡I!;mJ; .",,~_l_____,.. ""m_,'_~J~r_' ~ .. r "':,:,',-J I ."';;W r"- ~ ,1\ I¡ I'i WI ¡Ii: \:jt;; { ;/ '1/1 II, I 1\1/1 Q~ t~ ~ ~¡ I~,I !! . ì: ~ I "11.n I ~.' I~ ilij~ ~;~ i;~ \ \ lil'{~)~1 1 ¡ p'",;,' i< - '-ifl.!, ~:::_~~§¡ "l' "f:'JI¡~~ šêg -~- ,/ ~i~ i. /u /jJ I ~:'-' "l- /--- " "w 8 l""l ~ :' .'.~ ¡d " ê~~8 II ¡'I""Tj 'r-t' '~::_': ¡~g -t'?~+ iJT- :rr<N I 0',1 It, :-","ihi ¡_k" l!ill'I;~B ~~g' ,~j' '!¡!I,¡i\J\li g I""_!"~!¡ IlL)!;;. :5....2 ffi!liïllìlw \ !tl_'~\:\m.."'. ~'¡Ii~----r~'~~ ¡~: ~ iilHmllli , f ~ '~L¡; i ~;! ¡1m ~i; "I~ï/!i ~~ B~ I,,~! I' ¡III~": if; 11 ì~1 I~ !I! ~~ ~: .., ,'~' '~I~' .~. Œ; ~ ~~4t-1 ~ ¡II f: ~.,' lir~ :"1 , ¡ J, h-~fi*J:'~) ~11;~ ~I~ !,iIn f;,'! jí~ 11 <i1'lt'I,,-"m- ....'¡ i-'} ",~'~"' ;.," ~ I¡¡F¡-:'" . ," : :.. '~\m ::'l""'J:~l,¡: ' ~ íl,,}~4"': . ii, I,! ::' 1"':["'- tJ~' '~.'i(:I,J:_,lt~J';¡ i ~ ;~""'I\ Imi.IJ'.!. '1..1; Ii:. 1~1-----it"';f)I','ìr;-:- ,-,m.,'" ¡ ./; ¡---. ,1"> [i',;< ,~I¡" f' I :,"', ,~-,--c'~r~l- -.iiJ."'-i¡f ", lì¡~ '\¡ . ... L_. .-," r r, ' . ..ì - II I ¡ '. ¡; ¡¡;¡ I ; . I 1; ;¡ " I¡ .' " Iii I' 'I Ii ¡Hlj~ Ii; ,¡ ¡i I' Hollybrook Subdivision Drawings EXHIBIT A CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2. CUP Site Plan (dated: July 14,2005) ~I (I iiI:, 'if .JII if hli --- ~.. ~~ ..c~""- :~~'~...---l---'.:" . + '-:;~ 1 t ü--' I n " 1, ~, "I t ~: ! ,I J . lí~! .,", I , I -I' -...t-l It'll ~~ìl ~m,-li!~ ~ ~! ,- rr- 1I-IUo'il ~ iX' I!; ~!~~~Úf'~ ~ 1 ,tl ,--",',r'~ ! . I~Z ak;&'~~K: ~ ¡ ~.~ f-UiU .r. z ~i~ :¡;(ff : ':;: """, at, ~,! ! ., 8 ~~¡ I.; ~ ~~I '" .,t! PI I~!~~- ~! to;, : ~ ii.,-- -I ~!li' ,~ ,. ¡ : ~ I II; I I ~ ~I ¡, ~U I ¡p ~ U jJ.fl¡1 I~ ~:¡, "-1 ~ i~~:_,- ~~ --- il ¥ 1 ! i,¡ 11:; i¡ Â.¡¡ ./ ~~ /: , '--": ~ -;'¡j r- Ii lí' :1 ¡: L_~- ,-: . i ., , IIIIIH,'HIi m hI/In Ii ¡ ~ I . 0 '" .. i ~ ~ ~ --" j~ ~ij :1 t~ i ~ I ~Il J~ ¡ h 'J !!'j ~~ '13 ~ I' , ~.- ~, .' -'-I-,~ it j --~Iì ~~ II ---." i ' ~U tit,~ ¡ _I~ ¡I} ~' - ;1.10.- \\ ,,-",'; ',"i. .., ., --, '~.: \M- , '\1'" ,--I, -~ 1~lll~il~: . ~ I~ I [¡tl :li! 111~lW!J '~ ;L ~ II :m~1;1!I¡! !¡¡illml ., ~ ill" '.'it 'ful, iii i .ál~ i I ì ,I~~~, f'l~ i! ! I h f l_~L'____-L_- I ~ I ' ~ULnj~ § ~Um;i!: I ~ni;.~~i~ ""' ""!.cl"" ~~~, .~~ : 'IS'" " ~H ~ f"' cH i (if ~lm:t==~: ~,~ -~::=:~?:::::=:~::::-~:::_:- , i I t I Hollybrook Subdivision Drawings EXHIBIT A d ~ ~' :Iß~ g~~;; ii§iì~ ! mil'i~; ~~~! f~~ IIi! Ii I¡~;~ ~ ~ i ~¡ II~ .; '.~~ tw i.~,~:- ðhi',,'~ i "., I;~ ihl i' ~ ~") ¡ t ~ ¡; ,'" liæ':~~:':3a§"i; 'Hj!!;.~{.~"'i;':J ~pl~'".,¡1 ìj~~ ~;i:; :¡~ii¡! .~iøjn ¡ ~ ~ !I~ U~¡ ~~ I~~Ç g ~ ! : ¡ I! ; IP! I~"': I;:, ~ ~ i~a~!A " ¡! I till È¡ i~~;;," j ~¡ ì Ii! I~;~ ~~~i!d i~!i~;: q ~;~ ¡;i!!! U!~ '- ~ j ! ~.!; ',,!:: h~¡~~; ¡:. '0' I' Ii/: s~ rHo! r ! :<~ 5°:"- Z'.;'.:: g;!i'~:; ~ h~¡ §I ,HI r ~ = 21: èl:~: ¡~'E~ i ,l*I!&. ~ .1 t'!" ,.,~/ . i U' Jff;: ~;6!t ¡ ;~f!ã' t ',' ~ I~¡! . ; ~.i' ~;'; þ!§. ¡ -~!!" i!. ¡~¡ ~ / ,ð-~~~' e~,' . (/) :::¡ c: » -\ m Ci Z » "1! 0 J) -I Õ Z 0 ." -I"IJ :I:;I mm mCIIC o~~ 1ñ~~ m ;I s:~-< m-l"IJ ;!1:I:!þ 2m-l »(/)0 ;Z~." '" » ~:I: Q 0:;'0 <:ñ»of::: 0.,,-< Cu¡m CmJ) ~08 ""'" ;<;õ" EjZC/1 ~~æ 0~2 0$ Hi zo u¡z :r 'Ii "- u¡ 0 C ..., ;r ~ Z GJ m ... m » u¡ :' Hollybrook Subdivls¡on Meridian, Idaho æ - ~,::" -.,-- ~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. Landscape: Plan (dated April 15, 2005) ""-~,-'-"",,,-,,,",-,""-"""-"-..."..' : .dJ I ,~ .' -"~j j ~ ¡ ! ( <' (.) I: :I (.) z . '. I blil f -~ / ;~'=~~ ~ ~= ! , i ì ,_.j , ~ ;.'-:~:::-,-, ' '-6,:~~~:/~~~t -:~-,' i If , . rflo '6 '-I 1 -I Õ ~ ill ~ ! II! '" 1fl' Ii ,iiIi> J HI!' ,\lit 11 I ¡.iI Hollybrook Subdivision Meridian, Idaho Hollybrook SubdIVIsIOn Drawings EXHIBIT A ,-"",',....",."'",, " " f "'"' f!-;- II ' " ,. §I L~- " e "--,--" , e _n_",,_- .. -- , , í! fl iI ful ~ <l1> (6 ;( ¡ njif~!f'm!, U'~i , mm / n III i ~i l ~ilr I Ii ~i n~~ f ] i! ~ ) I, Q I , )- '. ¡ I" r I 111 mmJllj,~U IUftl' um¡ ji II ~ ~t!WJ,J1 II IIi if '¡!jU . ['I ~: iflf f~i i h~'H ~ i I,!¡ \1 ."': J!,~ II [. mmmm1 mm mm '4 ' mm mm i! i ¡~iiihifil;~ fi(f;~~! ~ ~¡ilf~~~')- j} ¡i ~ m I~ jfi~~¡'fj¡ i ã¡'H'; U~~~! I,î H I V f' ~ i¡ , ! I!~ ! ~n .1~ Æ : ":; 1H ~: - ~ tÆ~t iiOH" ,,-,,-'.J II ; ~ t ! 'illll; ~ .. ..~ ~ ! d m ¡: :l dï:!¡ li:~¡lj ii!:;:'ig ¡ I¥ ! ! if Inlfj~ ~~ q~ W "" m ;: ~ t j " it;"rf ., . .. I>J ,u )- ! I! f ~I.l ~, "'.' ;.~ Hi ~ !i~~I~ I~!tii~ -0".- f f- 11 , I í I' A'! at ::j < rq ~ r ~ ~. ~ U\ . !. J f iU~ II .. - .. - ~JII~' ~i.~.i~ . , In' d' 0 eel 1::C.."-,-,,, <:';,.":,1..",;."-,,,,,' , ',- ----- "'""", 0 _,llG ..... ""- ,,"',........- ~ -."""'O3M2 -'--- ---- 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 1.1.9 1.1.10 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT The preliminary plat labeled as PP-l prepared by Erickson Civil Incorporated, dated September 21, 2005, is approved, with the conditions listed herein, All comments/conditions of the accompanying Annexation/Zoning (AZ-05-026) and Conditional Use Permit (CUP-05-033) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05-025). 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, Prior to the City Engineer's signature of a final plat containing all structures not contained on a designated lot shall be removed, The submitted landscape plan prepared by Erickson Civil Incorporated" dated April 15, 2005 is not approved as submitted. The following should be included in a revised landscape plan prior to [mal plat: Depict and construct a lO~foot wide gravel shoulder on Ustick 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 (Lot 17 Block 11) 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 common lots being used for traffic calming purposes shall be landscaped in accordance to MCC 12-13 All amended lot locations of the approved Preliminary Plat dated September 21, 2005 shan be landscaped as per MCCI2-13. A landscape plan shall be submitted prior to final plat showing the landscaping in relation to these changes, Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. An areas approved as open space shan be free of wet ponds or other such nuisances, All stonn water 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 stonn water 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 fmal construction. 1.1.11 All road drainage shall be contained on site in the drainage lots or in roadside swales as depicted, 1.1.12 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 hrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written Hollybrook Subdivision Conditions of Approval EXHIBIT B CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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, A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed arOllild the perimeter prior to issuance of building pennits, All fences shall taper down to 3-feet maximum within 20 feet of all right.of-way. All fencing shall be installed in accordance with MCC 12-4-10. 1.1.14 Maintenance of all conunon areas shall be the responsibility of the Hollybrook Homeowners' Association, 1.1.13 1.1.15 Other than the public street access approved by ACHD, direct lot access to Ustick Road and Curt Drive are prohibited, A note shall be placed on the final plat restricting access to Ustick Road and Curt Drive, 1,1.16 The applicant shall contact the street naming committee to detennine the names for the unnamed cul-de-sacs and the connection of Curt Drive and North Arrowwood Way contained in the revised preliminary plat dated July 14, 2005. 1.1.17 The applicant shall revise the drawing dated September 21,2005 to reflect twelve (12) lots along Block 4, 1.2 1.2.1 1.2,2 1.2.3 1.2.4 1.2,S 1.3 1.3.1 1,3,2 1.3.3 1.3.4 1.3,S 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. 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. 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. 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, Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4, SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT The Planned Development site plan labeled as PD-l, prepared by Erickson Civil Incorporated, dated July 14, 200S, is approved, with the conditions listed herein, All comments/conditions of the accompanying Annexation/Zoning (AZ-OS-026) and Conditional Use Pennit (CUP-OS-033) and Development Agreement shall also be considered conditions of the Preliminary Plat (PP-05- 02S) The project shall conform to the R-8 dimensional standards, except as follows for Lots 2-17 of Block 4: Minimum frontage: SS~feet Minimum lot dimensions: 4,428 sq ft. The front setbacks for living spaces shall be fifteen feet for all lots contained in Hollybrook Subdivision with a minimum of twenty feet to garages from the back of sidewalk Hollybrook Subdivision Conditions of Approval EXHIBIT B CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 1.3.6 Construction within Hollybrook 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 UnifoTIll Building Code. All construction within Hollybrook Subdivision shall be single family detached homes and built within the limitations outlined within this report, 1.3,7 1.3,8 All amenities proposed for Hollybrook Subdivision shall substantially comply with the designs proposed on the site plan labeled PD-l, dated July 14, 2005, 1.3.9 All traffic control structures shall be designed and landscaped in accordance with Meridian City Code. These structures shall be maintained by the Hollybrook Homeowners Association. There shall be no on street parking within fifty feet of any traffic control structure, the applicant shall appropriately mark and sign these areas, 1.3.10 A gazebo shall be added to one of the landscaping lots located along Block 4 of the plat dated September 21,2005. 2 PUBLIC WORKS DEPARTMENT 2,1 Sanitary sewer service to this site is master planned to drain to the White Trunk, and is being proposed via an extension of mains located in Sundance Subdivision, The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard foD11S of easements, for any mains that are required to provide service. 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 pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications, 2,2 Water service to this site is being proposed via an extension of water mains located in Sundance and Quenzer Subdivisions and Ustick Road, This proposed development is situated directly north of Us tick Road. Ustick Road is a boundary line between two zones of differing pressures, The applicant shall be responsible to install a PRY vault, location to be coordinated with City of Meridian Public Works. The applicant shall construct water mains to and through this proposed development. Applicant shall execute City of Meridian standard fonus of easements, for any mains that are required to provide service, Coordinate main size and routing with Public Works, 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 inigation 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 ofthe development plan review process, A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The applicant shall be required to utilize any existing surface or well water for the primary source, If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.3 Hollybrook Subdivision Conditions of Approval EXHIBIT B CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2.4 All existing domestic wells and/or septic systems appurtenant to the existing structures 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, The applicant shall be responsible for the payment of sewer and water assessments, as well as the actual physical connection to the municipal services for the existing home on Lot 5, Block 1, 2.5 2,6 2.7 All grading ofthe site shall be perfonned in confonnance with MCC 11-12-3H. 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. 2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits, 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. 2,9 2.10 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2.11 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 detennined 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, 2.12 Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. 2,13 The applicant shall coordinate mailbox locations with the Meridian Post Office, 2.14 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. 2.15 Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of crawl spaces is one- foot above this elevation, . 2.16 The 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 [mal plat per Resolution 02~374, 2.17 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. 2.18 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. Hollybrook Subdivision Conditions of Approval EXHIBIT B 3,3.5 3.3,6 3,3.7 3,3,8 3.4 3.5 3.6 3.7 3,8 3,9 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2,19 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers, 2.20 All grading of the site shall be perfonned in confonnance with MCC 11-] 2-3H, 2.21 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. 3 3.1 MERIDIAN FIRE DEPARTMENT One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart, International Fire Code Appendix C 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, 3,2 3.3 3,3.1 3,3.2 3.3,3 3.3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle, The Fire hydrant shall not face a street which does not have addresses on it. Fire hydrant markers shall be provided per Public Works spec. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, Fire Hydrants shall be placed on comers when spacing permits. Fire hydrants shall not have any vertical obstructions to outlets within 10', Fire hydrants shall be place 18" above finish grade. Fire hydrants shall be provided to meet the requirements of the IFC Section 509,5, The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius, All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 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. 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, The proposed 55wlot subdivision with an estimated 2.9 residents per household would have a total estimated population of 165 residents at build out. 3.10 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 Hollybrook Subdivision Conditions of Approval EXHIBIT B 5.1 5,1.1 5,1.2 5.1.3 5.1.4 5,1.5 5.1.6 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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). 3.10.1 3.10.2 For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m), 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), 3.11 Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4 4.1 PARKS DEPARTMENT Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (MCC 12-13-13-6) will be followed, 4,2 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. The open ditch along Ustick Road shall be tiled and maintained in accordance with the City of Meridian Landscape Ordinance. 4.3 5 ADA COUNTY HIGHWAY DISTRICT ACHD Site Specific Conditions of Approval Dedicate 40-feet of right-of-way from the centerline of Us tick Road abutting the parcel by means of recordation of the final plat. The right-of-way purchase and sale agreement must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required pennits), 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 be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way ifthe owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (cUITently Ordinance #200), if funds are available, Construct a 5-foot concrete sidewalk on Ustick Road abutting the entire site. Construct the sidewalk a minimum of 41-feet from the centerline of Us tick Road and provide the Distri.ct with an easement for the sidewalk. Construct Curt Drive as one-half of a 36-foot street section with vertical curb, gutter and sidewalk, as proposed. Extend Washakie Street from the west property line approximately 395-feet south of the north property line, as proposed, Extend Washakie Street from the east property line approximately 130-feet north of the south property line, as proposed, Construct the internal streets as 33.foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way with the exception of Washakie Street, as proposed. Submit a letter from the Meridian Fire Department that approves the reduced street section, Hollybrook Subdivision Conditions of Approval EXHIBIT B 5,1.13 5,2 5.2,1 5,2.2 5.2,3 5.2.4 5.2.5 5.2.6 5,2.7 5,2,8 5.2.9 5.1.9 5.1.10 5.1.11 5,1.12 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 5.1.7 Construct Washalcie Street as a 33-foot street section with rolled curb, gutter and a 4 or 5-foot detached concrete sidewalks on both sides of the roadway within 50-feet of right-of-way, Submit a letter from the Meridian Fire Department that approves the reduced street section. Construct West Arrowwood Way to intersect Ustick Road at the west property line to DIRECTLY align with a roadway that is located on the south side of Us tick Road, Construct one knuckle without a center island within the subdivision, as proposed, Construct two cul-de~sac turnarounds without center islands within the subdivision, as proposed, Construct the turnarounds to provide a minimum turning radius of 45~feet. Modify the site plan to include traffic calming devices on Washakie Street and Arrowwood Way and submit the design to District staff for final approval. Other than the access point that has specifically been approved with this application, direct lot access to Ustick Road is prohibited, A note stating the access restriction to Ustick Road will be required on the final plat. Comply with all Standard Conditions of Approval. ACHD Standard Conditions of Approval 5.1.8 Any existing irrigation facilities 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. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details, Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pennits), which incorporates any required design changes. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy, Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1.800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. Hollybrook Subdivision Conditions of Approval EXHIBIT B CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 5.2.10 No change in the tenus 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 confmnation of any change ITom the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its Successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a 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. 5.2.11 Hollybrook Subdivision Conditions of Approval EXHIBIT B C. Legal Description ,._~~~~..~.~. - " ' ," "~".. ,~. . Bounda(Y Description Hoflybrook liC A parcel located in the SW % of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho. more particularly described as follows: Commencing at a brass cap monument marking the southwest comer of said SW % of Section 31 (Section Comer), from which 5/8 inch diameter iron pin marking the southeast comer of said SW % of Section 31 (% Corner) bears N 89°58'55" E a distance of 2406-48 feet; Thence N 89°58'55" E along the southerly boundary of said SW % a distance of 1630,09 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence leaving said southerly boundary N 0°24'59" E along the easterly boundaries of Sundance Subdivision No, 4, as shown in Book 89 of Plats on Pages 10.226 and 10,227. records of Ada County, Idaho, and Sundance Subdivision No, 2 as shown in Book 86 of Plats on Pages 9,772 and 9,773, records of Ada County, Idaho, a distance of 1919,30 feet to a 5/8 inch diameter iron pin marking the northeast comer of said Sundance Subdivision No.2; Thence along the southerly boundary of Sundance Place Subdivision No.3 as shown in Book 91 of Plats on Pages 10,640 and 10,641, records of Ada County, Idaho, the following described courses; Thence N 89°59'47" E a distance of 320.60 feet to a 5/8 inch diameter iron pin; Thence S 33°47'07" E a distance of 280,75 feet to a 5/8 inch diameter iron pin; Thence S 80°10'04" E a distance of 298,83 feet to a 51B inch diameter iron pin on the westerly boundary of Quenzer Commons Subdivision No.4 as shown in Book 88 of Plats on Pages 10,105 thru 10,107, records of Ada County, Idaho; Thence S 0'16'52" W along said westerly boundary a distance of 307,74 feet to a 5/8 inch diameter iron pin on the northerly boUndary of Weaver Acres No.2 as shown in Book 38 of Plats on Pages 3,203 and 3,204, records of Ada County, Idaho; Thence S 89°49'28" W along said northerly boundary of Weaver Acres No.2 and the northerly boundary of Weaver Acres No, 1 as shown in Book 28 of Plats on Pages 1,745 and 1,746, records of Ada County, Idaho, a distance of 653,56 feet to a 5/8 inch diameter iron pin marking the northwest comer of said Weaver Acres No, 1; Thence S 0°19'41" W along the westerty boundary of said Weaver Acres No, 1 a distance of 708.20 feet to a 5/8 inch diameter iron pin; HoJ\ybrook Subdivision EXHIBIT C CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 """-,.,..,.m.,.",._-,,-_. '" . .", - '-.. "-"_-"""-,-"""~,,,,,,,,,C~~-"~~""'..""'" -"',,-,,' "~"-_.' "",'-C._-,--- .-I_',c...c,..,.._""-c,----"....:::::.-'-C:,,,1òooii Thence leaving said westerly boundary S 0.13'57" Wa distance of 144.20 feet to a point; Thence N 89.58'43" E a distance of 328.02 feet to a 518 inch diameter iron pÎn on the westerly right-of-way of Curt Drive; Thence S 0.18'51" Walong said westerly right-of-way a distance of 432-76 feet to a 5/8 inch diameter iron pin on the northerly right-of-way of Ustick Road; Thence 5 89.58'55" W along said northerly right-of-way a distance of 328,04 feet to a 5/8 inch diameter iron pin; Thence leaving said northerly right-of-way 5 0.18'59" W a distance of 40,00 feet to a 5/8 inch diameter iron pin on the southerly boundary of the SW Yo of said Section 31; Thence 5 89.58'55" W along said southerly boundary a distance of 122,79 feet to the POINT OF BEGINNING, This parcel contains 15,32 acres and is subject to any easements existing or in use, Clinton W. Hansen. PLS Land Solutions, PC March 22, 2005 Hollybrook Subdivision EXlllBlT C I I I m::r; >0:::0 ::r;== -'< tI cr" -"' ...¡8 ni";" VJ ¡: cr" 0- :;':' ;;' õ' =' t ~ i J g i i ~~ ¡ '" .. ~ ~"- IIj B ".I<j ~ E. \V^5HN( £ STREET <>'" -- "'b ~ '" ~ N i ! I ~ ~ ~ " \\fA.5HAKrE mm I 5 31 -'CI/5 !!ll!:.. 5 69'49'28- W ~ ~ ~ I <>; ..;;¡ ~ ;: ~ ;j 2 ~ I . ~ .... ~ ~ '" ." ~ . ~ ,~ ¡,. ~ '" b ." ~' 653.56' i , I i j I I J ]' . [ f I ~ . ~ I i ~'~1 K:IINT01' 1$.Jg 09 , U Bf"'N"""" "' J . - mcKI!OJ\D " ~"'sr. '~1,7"--- 1JfXJM11J 5 8!TS6~' .. """""""""ES NO , :::; U.......mo N 69'56'4J" £ :128,02' ò, ~ ~ J 'I' !¡¡ ~ ~ a ~~ .. ~ "" '" r¿S' PF/CSCRIPrM: £<Scl.IÐir ! . J28, 0-1'- 11 JI 5 89'58'55 ~.!OO-:51':"-1/' COf/ 7502' . Z:b..,ZSJ N. AAROIVI\1(X)o \VA Y ¿'fl.lr I HOll YBROOK SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 31, T4N, RIE, 8M, MERIDIAN, ADA COUNTY, IDAHO 2005 I 0 150 300 600 l.- ...¡' I - UN£ I LandS'oJutlo11S ~i.and SurveyIng and Consulting 2:11 !:.5IHST.5TE.^ ME1IIOJ¡O,N, 10 83M2 (2001288-1!!4O ,... (206128&.2557 WWWJa!1<'soIutJorn.b!2 I I ¡ j I , ¡ f ¡ n - ...¡ -< 0 ..." 3:: m ~ t:J ~ '" r< ~ Z Z 0 ::> z t:J N 0 Z Z 0 t:J [T1 '"0 ::> :;<;1 -3 ~ m Z -3 rn .....¡ ::> "Tj ..." ~ m '"C 0 ::>:' :-J ,0 c: rn r./J .....¡ Õ Z r./J .~ I ~ ~ ~ ~ n ::> r< e- N 0 3: DO DO . >. U, U1 'JO '-" D. Required Findings from Zoning Ordinance 1. ANNEXATION FINDINGS: According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in J J -15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in the Hollybrook Subdivision staff report item #7 above. The Council supports the zoning and 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; Council finds that single~family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential permits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses, 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. 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; Council finds that recent residential developments to the north and west have been approved for development similar to the proposed subdivision, with single-family residences, Development in the area has limited the main trunk sewer locations. Currently sewer is available in E, Washakie Street via Sundance Place Subdivision, Based on the ACHD Long Range 2030 proposal, Ustick Road is anticipated to eventually be a three lane roadway abutting this site, However, Ustick Road between Meridian Road an Locust Grove Road is not culTently included within ACHD's Five Year Work Program or in the cuITently adopted 20-year Capital Improvements Plan for roadway improvements. The applicant shall comply with all ACHD conditions of approval for the site. Hollybrook Subdivision EXHIBIT D CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 Local Streets Washakie Street and Curt Drive are ACHD rights-of-way and provide stub connection to the property ACHD and the City of Meridian will require the proposed development connect these roadways as proposed. 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; Council finds that the requested zoning and proposed density is within the anticipated range for a medium density urban project. Based on the Comprehensive Plan, staff believes that the existing parcels in the area (south and north and west) have already developed with similar densities and allowances for alternate products and designs are encouraged, Staff also finds that the proposed zoning/uses can be designed and constructed in a manner that will be harmonious 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 "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." The common lots provide 39,766 sq/ft of open space which is approximately 6% of the site. The existing character of the area will not change as this is one of the fmal infill developments in the vicinity, Council does not find that the proposed zoning or uses will adversely change the essential character of area. The Commission and Council rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed as proposed. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; 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 Ustick Road shall be taken through the extension of Arrowwood Way as designed, The proposed design creates a roadways section along the western properties in Weaver Acres Subdivision. Council finds the layout as proposed as all the lots within Weaver Acres are on ISTS which have a life expectancy of approximately 30 years, These lots were platted in the 1970' s and council anticipates the need for future connections and annexations of Weaver Acres Subdivision, The road layout should be the most cost effective solution and encourage redevelopment of these properties. The Commission and Council rely on any public testimony (oral and written) when detennining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses, 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, Hollybrook Subdivision EXHIBIT D CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 June 17,2005, a joint agency/department comments meeting was held with representatives of key service providers to tillS property. Based on the joint agency/department meeting and other comments received from agencies/departments, Council finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council 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; The developer will be financing the extension of sewer, water, local street infi:astructure, 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, Council fmds 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, 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 hy reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Council finds 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. 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. 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; The applicant is proposing to construct one public street extension into the site fi:om Sundance Place Subdivision and continue the extension to Quenzer Commons Subdivision which will connect Meridian Road with Locust Grove Road for further roadway connections, ACHD is supportive of the proposed stub street extensions as previously approved, The landscaping should be designed in a manner to slow traffic flow to Ustick Road and reduce any traffic to Curt Drive (the only connection for Weaver Acres Subdivision) If is designed and constructed as approved by the ACHD and the City, council does not believe that the subdivision will create interference with traffic on the surrounding public streets. Hollybrook Subdivision EXHIBIT D CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 011 this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance, 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. The Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major 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)? The R.8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. Council 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, Council does not approve lot sizes that would be invasive to the properties to the east of the subject property but the lot sizes should be transitional in nature and allow additional residential densities and product opportunities for the general vicinity. Subdivisions of medium density have already been approved for development to the north and west and this is a logical expansion of the City limits for an infill project. In accordance with the findings listed above, Council finds that annexation and zonine: of this propertv would be in the best interest of the City. 2. PRELIMINARY PLAT FINDINGS Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In detennining 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; Council [rods that the proposed application is in substantial compliance with the adopted Comprehensive Plan, Council supports the proposed layout as a practical solution to address the 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; 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, Council finds that the subdivision will not require the expenditure of capital improvement funds, HoIJybrook Subdivision EXHIBIT D CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. The public financial capability of supporting services for the proposed development; The Commission and Council rely upon comments from the public service providers (i.e,- police, fire, ACHD, etc,) to detennine this finding. (See finding "G" under .A1mexation 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 Council's attention. The proposed design creates a unique situation for properties in Weaver Acres Subdivision to the east of the property, The nonnal subdivision design would not allow creation of double fronted lots (Arrowwood Way and Curt Dr). However the proposed design will allow existing lots to have access to public services and provide a path of annexation for future development. Until such a time as annexation would occur as these lots require fencing along their rear yards as proposed by the applicant. Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that have be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. 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. 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; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage requirement, lot size requirement and standard setbacks, as required by Meridian City Code, See Special Consideration #1 below for detailed analysis. Council finds that the subject property is large enough to accommodate the requested use and all other required features, Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Platmed Development, to modify specific development standards for Lots 2-17 of Block 4, The narrow nature ofthe north south connection ofthe property creates a unique situation which would not have been able to be addressed through nonnal R-8 standards. The Council fmds that the considerations are approved as requested, See Special Consideration #1 below for detailed analysis, B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Council finds that the proposed single-family residential subdivision, with a gross density of 3.59 dwelling units per acre, is generally hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the site to be "Medium Density Hollybrook Subdivision EXHIBIT D G. H. I. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 Residential" and "Low Density Residential" (provided the Commission and Council grant the requested plam1ed development). Please see Annexation & Zoning Analysis "A" above. c. 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 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; The Commission and Council rely upon public testimony, staffs analysis, and other agency comments when determining if the proposed uses will 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 such services; Please see Annexation & Zoning Analysis "G" and "H" above, the "Other Agency/Department 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. 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 "1" above, 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 "]" above. The Commission and Council review any comments received from the ACHD provide for this project when determining this finding. 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. Hollybrook Subdivision EXHIBIT D CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 STAFF REPORT City Council hearing for October 4, 2005 P & Z Commission and Hearing Dates: July 1, 2005, continued to August 4, 2005, continued to September 1,2005 c«'e;ìdi~1t ~ , IJ.\HO ç' .~ J 'n, ,,/ --'..~t-!.''" l',!::",,~ y~!~.~...'-. 'f;ð:! TO: FROM: SUBJECT: Planning & Zoning Commission Joe Guenther, Associate City Planner Michael Cole, Development Services Coordinator Hollybrook Subdivision . PP~05-025 "C, "",,'. ' 55 Single family residential lots and on 15.32 acres . AZ-05-026 , ,c,>"",:: - -" ,,' . ..,..--' -"..-" u" -- -" Annexation of 15.32 acres with proposed R-8 zoning . CUP-05-033 A Planned Development for reduced lot sizes and frontage requirements in an R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Hollybrook, LLC-Bond Campbell, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of Fifty-three (53) Building Lots and Eleven (11) Common/Other Lots on 15.32 acres. The site is located on the north side of U stick Road approximately one-quarter of a mile east of Meridian Road. This site is currently agricultural with fann buildings and one single family residential building. The site has not been previously platted. 2. SUMMARY RECOMMENDATION The subject property is within the Urban Service Planning Area. The subject applications (AZ CUP, and PP) were submitted concurrently to the Planning & Zoning Department for review, Staff recommended approval of the amended preliminary plat August 21, 2005 for Hollybrook Subdivision submitted as AZ- 05-026, CUP-05.033, and PP-05-025 with the conditions of approval as outlined in this report. The Meridian Planning and Zoning Commission heard the item on August 4, 2005 and recommended the applicant work with the neighborhoods of Weaver Acres and Sundance Place as wel1 as ACHD to provide a solution to traffic calming along block 4 of the plat dated July 14,2005. The applicant returned with a revised plat dated September I, 2005. At the public hearing they moved to recommend approval with changes to the plat dated September 1,2005, a. Summary of Public Hearing: i. In favor: Donald Kelso, Brian Cooper, Kevin Churchman, Mark Smith 11. In opposition: None as of September 1,2005 111, Opposed as of the August 4,2005 hearing, Commenting as of the September 1, 2005: 1. Hal Putnam, 3424 Curt Drive 2. Florence Witticker, 3378 North Weston 3, Letha Quinn, 456 East Patagonia 4. Sally Alexander, 3360 North Weston Avenue 5. lady Pierce, 33842 North Weston ROLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-05-026 PAGEl CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 6, Kathy Sherman, 3458 Weston Way 7, Joe Shole, 3476 North Weston Way 8, Shawn Funkhouser, 3644 North Pistato 9, Linda Roberts, 3525 Curt Drive iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: Anna Canning, Bill Naty b. Key Issues of Discussion by Commission: i. - Design ofN, Arrowwood Way to slow down traffic from subdivisions located north of the proposal. ii. - size and number of lots in Block 4 iii. - connection to Ustick road at Curt Drive, left to ACHD approval iv, ~fixing and continuing drainage and irrigation piping c. Key Commission Changes to Staff Recommendation: i. - All single family residential lots listed as Block 4 of the plat dated August 21, 2005 shall be designed as to have shared access to N, Arrowwood Way, ii, -Elevations and building footprints for the single family residential lots in Block 4 shall be submitted prior to the City Council hearing date. Elevations and building footprints shall be a part of the Development Agreement. iii. - The number oflots along N. Arrowwood Way as depicted on the August 21, 2005 preliminary plat shall be reduced to a total oftwelve lots, iv. -Inclusion of a gazebo in the amenity lot in either Block 1 or Block 4 ofthe plat dated August 21,2005, d. Outstanding Issue(s) for City Council: i. - None 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 540 E. Ustick / Ustick and Curt SE ):í of SW ):í 4NIE31 b. Owner: Bond Campbell Hollybrook LLC 1150 E. Ustick Meridian, Idaho 83642 c. Applicant: Bond Campbell Hollybrook LLC 1150 E. Ustick Meridian, Idaho, 83642 d, Representative: Shawn Nickel, SLN Planning, Inc. e. Present Zoning: COUNTY RUT f. Present Comprehensive Plan Designation: Medium Density Residential, Low Density Residential g, Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit AI): 2, Date of CUP site plan (attached as Exhibit A2): July 14,2005 Sheet PP-l, ECl. July 14, 2005 Sheet PD-l, ECl. HOLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-O5-026 PAGE 2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3. Date oflandscape plan (attached as Exhibit A3): h. Applicant's Statement/Justification: Shawn L. Nickel, Land Consultants has submitted a statement of purpose with the application, dated April 15, 2005 and revised May 24,2005, The applicant has also made amendments to the site plan due to ACHD concerns and has addressed the north/south connection in response to City of Meridian staff, ACHD staff, and neighbors concerns with the submittals dated July 14,2005. 4. PROCESS FACTS April 15, 2005 Sheet L-l, ECI, a. The subject application will in fact constitute an annexation as detennined 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. b. The subject application will in fact constitute a preliminary plat as detennined by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c, The subject application will in fact constitute a planned development as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 6, a public hearing is required before the City Council on this matter. d, Newspaper notifications published on:July 4, 2005. June 20, 2005(for P & Z Commission meeting) and September 12th and 26th, 2005 for City Council. e. Radius notices mailed to properties within 300 feet on: June 10, 2005(for P&Z Commission meeting) and September 9, 2005 for City Council. f. Applicant posted notice on site by: July 24, 2005(for P&Z Commission meeting) and September 24, 2005 for City Council. 5. LAND USE a. Existing Land Use(s): RUT Ada County-Agricultural b. Description of Character of SulTOunding Area: c. Adjacent Land Use and Zoning 1. North: Sundance Place Subdivision R-8 with a Planned Development 2. East: Quenzer Commons, Heritage Commons Subdivision R~8 with a Planned Development. Under development. Weaver Acres Subdivision- R-l Ada County. 3. South: Bedford Place Subdivision- R-8 4. West: Sundance Place Subdivision R-8 with a Planned Development d. History of Previous Actions: N/ A e, Existing Constraints and Opportunities 1. Public Works Location of sewer: Location of water: From Sundance Place Subdivision, Washakie Street 8" From Ustick Road, 12" main connection, Issues or concerns: BOLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-05-026 PAGE 3 CITY OF MERIDIAN PLANNING AND ZONlNG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 2, Vegetation: Existing vegetation should be brought into compliance with maintenance standards ofNMID, Applicant shall contact City Arborist for tree mitigation. 3. Flood plain: NA 4. Canals/Ditches Irrigation: Tiling and relocation of existing agricultural irrigation ditches will need coordination with Settlers Irrigation District. 5, Hazards: None Identified 6. Proposed Zoning: R-8 - with Planned Development for Lots 2-18 Block 4 7, Size of Property: 15.32 acres 8. Description of Use: Single-Family Residential f. Subdivision Plat Infonnation 1. Residential Lots: 2. Non-residential Lots: 3. Total Building Lots: 4, Common Lots: 11 5. Other Lots: 8 of the common lots are for traffic control and direction 6, Total Lots: 66 7. Open Lots: N/A 8. Residential Area: 15 9. Gross Density: 3.59 units per acre g, Landscaping 53 0 53 ]. Width of street buffer(s): 25' on Ustick Road Lot 1 Block 2 10' on Curt Drive Lot 1 Block 2 10' on east side of Armwwood Way Loti Block 2 5' on west side of Arrowwood Way, ROW 2. Width ofbuffer(s) between land uses: 0' with 6' solidfencing 3. Percentage of site as open space (PP and PD applications): 6% 39, 766 square feet, 4. Other landscaping standards: All common lots to be included with PD amenities shall comply with the landscape plan dated April 15, 2005, with considerations for design amendments dated July 14, 2005, h, Conditional Use Infonnation 1, Non-residential square footage: square feet 2. Proposed building height: Less than 35' of R-8 standard 3. Percentage of site devoted to building coverage: 15,32 acres 4. Percentage of site devoted to landscaping: 1.27 acres HOLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-05-026 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 5. Number of Residential units: 55 i. Planned Development - Lots 2-18 of Block 4 of Hollybrook Subdivision j, Amenities - Lot 1 Block 3, Lot 18 Block 4, Lot 2 Block 4, Lot Block 11 will have additional Landscaping, Pathway connections to multi-use pathway in Sundance Place Subdivision, and seating areas along all pathways, I. Proposed and Required Residential Standards Multi-use Pathway Connection with seating areas R-8 standards apply to all lots except Lots 2-17 of Block 4 of Holly brook Subdivision as shown below: Setbacks Proposed Required Front Living Area of 15 20 Front Accessed Garage 20 15 Side 5 5 Rear 15 15 Frontage 55 65 Lot Size 4,800+ 6500 k. Summary of Proposed Streets and/or Access (private, public, common drive, etc,): All roadways have been designed according to ACHD standards and will be public streets. All common areas used for traffic control shall be landscaped and maintained by the Hollybrook Homeowners Association. For a detailed report on the public streets and access points to public streets, the attached staff report from the Ada County Highway District (Exhibit C), 6. AGENCY COMMENTS MEETING On June 17, 2005 staff held an agency comments meeting. Further meetings were held with the Meridian Fire Department on July 22,2005 to address the redesign of the Preliminary Plat dated September 21,2005. 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 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 fmds 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" and "Low Density Residential", The 3.59 dwelling units per acre proposed with the preliminary plat are consistent with previous Commission and Council actions and generally confonn to the goals, obj ectives, and action items contained in the Comprehensive Plan for this area. In addition, in the applicant's cover letter (dated April 15, 2005, revised May 24, 2004) lists several Comprehensive Plan policies, all of which support the annexation and proposed residential use of the property. In Chapter VII of the Comprehensive Plan, 'Low density' is defined as areas including single- family homes at densities of three dwelling units or less Der acre, The applicant is requesting that ROLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-OS-026 PAGE 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 all the subject site be zoned R~8 (Medium Density Residential). The R-8 district allows for a maximum of eight (8) dwelling units per acre (MCCII-7-2.C), however the design more closely resembles an R -4 development. The applicant's requested design provides for larger lots consistent with a lower density transitional area. The comprehensive plan also states on Page 104, Objective D- Plan 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 lot sizes to bl1[fer the inteiface between urban level densities and rural residential densities," Weaver Acres Subdivision is located immediately east, north, and south of the property with seven lots of approximately one acre parcels and is classified as low density residential, Lots 2-5 of Block 1 and all of Block 1 have a calculated residential density of 2.45 dwelling units to the acre which is consistent with the allowance within the Low Density Residential Designation, Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application Mqff analysis is in italics below policy): 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. Although a designated Multiuse pathway is not located on this site the applicant has propose a connection through to the pathway system in Sundance Place via Lot 17Block 11, 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 following 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 #3, The subject lands lie within 1.5 miles of the recently opened Meridian City Fire Station #3 and lie within the Meridian Fire Department's five-minute response zone, The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office, 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. . . . . . HOLL YBROOK SUBDIV ISION CUP-05-033/ PP-05-025/ AZ-05-026 PAGE 6 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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) All of the properties adjacent to the subject site are designated jor medium or low density residential uses on the Comprehensive Plan Future Land Use Map, The applicant has made the best attempt to mix low and medium density lots with the appropriate single family residential products for the site. . Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc,) for the purpose of providing the City with a range of affordable housing opportwlities (Chapter VII, Goal IV, Objective C, Action 10) . The subject property is mostly designated Medium-Density Residential on the Future Land Use Map which identifies this area as an appropriate area for medium-density residential development, This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3,59 dwelling units per acre. Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The subject property has a unique design due to limited property width at the north/south connection and is surrounded by existing and proposed developments which would classifY for infill development. The proposed design meets the criteria for an R-8 development and the applicant has been diligent in meeting the agency requirements and providing a quality product near a mix of residential uses, . Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan, (Chapter VII Goal V Objective A Action 10) The proposed density, size of lots and unique roadway design will allow for an increase in density for the proposal with smaller lots under a Planned Development where the majority of the lots are not requiring special considerations within the ordinance and comprehensive plan, see also findings above, . Apply design and perfonnance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee negative impact on surrounding development outside of the construction phase, The site has an existing residence which will be incorporated and the size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out as an attractive neighborhood within a neighborhood. HOLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-05-026 PAGE 7 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 Staff finds that the proposed R-8 zoning designation is hannonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a, Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Planned Development modifications as conditional use in the R-8 zoning district. Single Family Residential uses are permitted in the R~8 zoning district b, Purpose Statement of Zone: R-8 Medium Density Residential District: The purpose ofthe R- 8 district is to permit the establislunent of single- and two-family dwellings at a density not exceeding eight (8) dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the comprehensive plan of the city and is also designed to permit the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the municipal water and sewer systems 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 ordinance, Please see Conditions of Approval in Exhibit B. 9. ANALYSIS a, Analysis of Facts Leading to Staff Recommendation As noted above, the applicant is proposing to subdivide the subject site into fifty five single family residential lots. Each lot contains a minimum 4,400 square-feet. The fifty five proposed building lots range in size from 4,432 square-feet up to 18,081 square-feet. There are three distinct areas on the site with a variety of housing types. The southern most area is designated Low Density Residential while the western edge and northern area is Medium Density Residential. The southern area has the largest lots, contains the existing residence, and meets the overall gross density at 2.45 dwelling units per acre. The northern area is consistent with medium density residential in an R-8 zoning designation with lots ranging from approximately 7,000 square feet to over 10,500 square feet. The last area is the western boundary along the continuation of N, Arrowwood Way. The site creates a constriction and a unique constriction at this area. The lots are requested to have reduced frontage and reduced lot sizes. These lots will be single family detached products with the elevations submitted with the packet. All housing types are proposed as single-family residential. The applicant has requested all of the property be zoned R-8 (Medium Density Residential). The applicant has indicated a gross density of the proposed subdivision at 3,59 gross dwelling units per acre. This presented density is in accord with the proposed R-8 zoning district. This is allowable for the R-8 district with the Low Density area directly corresponding to the Comprehensive Plan which calculates at 2.45 gross dwelling units per acre. Please see Annexation & Zoning Analysis below, The applicant is requesting modifications to the dimensional standards of the requested R-8 zone (i.e. - building setbacks, lot size, frontage, etc.) for Lots 2-17 of Block 4. These lots have requested the following planned development standards: ROLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-05-026 PAGE 8 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 Setbacks Proposed Required Front Living Area of 15 20 Front Accessed Garage 20 15 Side 5 5 Rear 15 15 Frontage 55 65 Lot Size 4,800+ 6500 1.1.1 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 single family residential products, Please see Exhibit D for detailed analysis of facts and findings, 1. The annexation legal description submitted with the application (stamped on 3/23/05 by Clinton Hansen, 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 applicant shall contact the City Attornev. Bill Nary. at 888-4433 to initiate this process, 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 irrigation. That all future development of the subj ect 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 shall agree to the building footprints and elevations as submitted to the City Council on October 4, 2005 for all lots listed in Block 4 of the September 21, 2005 preliminary plat. . . PRELIMINARY PLAT ANALYSIS; The preliminary plat provides a good mix of residential products with a wide range of mid sized lots. The site complies with both the medium and low density calculation with a mix of housing sizes. The applicant has proposed a unique design for a non-standard lot configuration on a property which by shape would be difficult to develop, HOLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/AZ-05-026 PAGE 9 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 single family residential products, Please see Exhibit D for detailed analysis of facts and findings, 1. Public Streets and Access: ColUlectivitv (Ustick Road to Washakie Street): The stub streets from Sundance Place Subdivision and Quenzer Commons Subdivision, Washakie Street shall COlUlect to through with the common street sections and completing the midsection colUlection of Meridian Road and Locust Grove Road. The subdivision is constrained by previous development in the area and is bound by ACHD policies of intercolUlectivity. No direct lot access to Ustick Road is approved with this subdivision, ColUlectivitv (Curt Drive): There are no services available in Curt Drive and concerns have been raised about the increase in traffic from Curt Drive as a cut across street cOImection within the subdivision. ACHD has detennined a connection from Curt Drive to Arrowwood Way is appropriate and half of curt drive will be improved with this proj ect. 2. Landscaping: Staff is generally supportive of the proposed landscaping design with the following considerations: Ustick Road landscaping shall be designed according to MCC 12-13 Landscaping and maintained by the home owners association. All common lots which will provide traffic calming shall contain landscaping according to MCC 12~13, See Site Specific Condition #7 below, 3, Open Space: MCC 12-13-16 requires five percent of open space to be set aside for subdivisions of at least five acres in size. The applicant is proposing to set aside 39,766- sq ft of the site for open space. Most of this open space is at the ends of Arrowwood Way and provide traffic calming and glare prevention. Lot 17 provides a connection from the development and makes opens space accessible to all lots of the subdivision and through to the multiuse pathway, (MCC 12-13-16-3), See Site Specific Condition #5 below. Tree MitÜmtion: 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 Site Specific Condition #7 below, 4. Ditches. Laterals. and Canals: Per MCC 12-4-13, all ilTigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Staff is unaware of the official status of the drainage ditch; it appears to be maintained by Settlers Irrigation and is considered an offsite natural feature. See Site Specific Condition #8 below 5. Pressure Irril!ation: 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 ROLL YBROOK SUBDIVISION CUP-05-033/ PP-O5-025/AZ-05-026 PAGE 10 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas plior 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. See Site Specific Condition #9 below. 6, Fencing: The applicant is proposing to construct a six-foot tall solid fence around the perimeter of the site. Staff is supportive of the proposed fencing, A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4-10,F,3). If pemanent 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. 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 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. Reduced Standards: As stated earlier, the applicant is requesting modifications from standard ordinance requirements for street frontage, lot size and setbacks, Lot Size: The applicant has requested reduced lot sizes; the submitted preliminary plat has Lots 2~ 18 of Block 4 below the 6,500 square-foot minimum size. Therefore, a modification to the standard R~8 lot size of 6,500 square-feet is applicable. The proposed lot sizes range from 4,428 square-feet to 18,081 square-feet. Lot Fronta!!e: The minimum requested street frontage is 55-feet. There are 1410ts that are at 55-feet of frontage (65-feet is the minimum for the R-8 zone). Staff is supportive of reducing the frontage for these lots as it provides a practical use to these lots where the property depth is minimal. Setbacks: The applicant's submittal July 14,2005 requests that this development have a front setback of 15'. The front setback would need additional definition as to be 15' to living space only and a minimum front setback of 20' to a garage entry way. Rear and interior setbacks will be R-8 standards. Staff recommends approval of the setbacks as requested, 2, Amenities: MCC 12-6-2.A.3 requires two or more amenities to be provided as part of each planned development. The proposed amenities for the subject planned development include: The proposed open space makes up 6% of the site, 5% minimum is required and it takes 10% to count open space as an amenity. Landscaped open space means land exclusive of street rights.of-way and street buffers, except for right-of-way specifically dedicated for landscaping within a subdivision. No drainage lots, required street buffers, or canal buffers have been included in this calculation. The applicant is counting the additional landscaping along the open space lots, a multi-use pathway connection into Sundance Place Subdivision, and seating areas as amenities, Staff supports these amenities as listed and believes they are adequate for the size ofthe property, HOLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-05-026 PAGE 11 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTJONS? CALL (208) 884-5533 3. Elevations: The applicant has submitted two &ont elevation drawings for the proposed dwelling units included with the PD, 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 Hollybrook 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 #4 below, b, Staff Recommendation: Staff recommends approval of CUP-05-033/ PP-05-025/ AZ-05- 026 for Hollybrook Subdivision as presented in the staff report dated August 4, 2005 and September 1, 2005 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staffhas prepared findings consistent with this recommendation. 10. PROPOSED MOTIONS Approve I move to approve File Numbers CUPM05-033/ PP-05-025/AZ-05-026 for Hollybrook Subdivision as presented in the staff report and the plat dated (September 21, 2005) with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny File Numbers CUP-05M033/ PP-05-025/AZ-05-026 for Hollybrook Subdivision for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXHIBITS A. Drawings 1. Preliminary Plat - Dated July 14, 2005 shown as Sheet PP.l, prepared by ECI (Erickson Civil fucorporated) Revised September 21, 2005 2. CUP Site Plan- Dated July 14, 2005 shown as Sheet PP-I, prepared by ECl 3. Landscape Plan- Dated Apri115, 2005 shown as Sheet L-l prepared by ECl B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4, Parks Department 5. Ada County Highway District C. Legal Description D, Required Findings from Zoning Ordinance ROLL YBROOK SUBDIVISION CUP-05-033/ PP-05-025/ AZ-05-026 PAGE 12