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HomeMy WebLinkAboutStaff Comments .-,.., ,..- .., ~~'. (-1"-~, " , ' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF rrlls/löos- - ... -. ¡ , , ", ,_.',. ,.¡'..' From: Brad Hawkins-Clark, Principal City Planner ~L _.n '" ~:-n 'j£: clfe;;;¡ /::i~ ~\ .I ~~ ID/\HOf' ,~C~./ ~~~ ,~>; o:J:!.ft¡_'¡"'.r~,- V-"Wi~ I ~~\Sl'Hf.~ ~'"s,"c" -- ,,19~:1 MEMORANDUM: City Council Hearing Date: November 15, 2005 Transmittal Date: November 9, 2005 To:-------- Mayor and City Council - ----J_- - 31lbj ect-: -----------..----,/ Final Plat Modification Application - Request to Remove Final Plat Condition to Construct a Six-Foot Fence Inside Nampa Meridian Irrigation District Easement for Southern Springs No.2 Subdivision (File No. FPM- 05-001) APPLICATION SUMMARY. LOCATION & BACKGROUND The applicants, Roger Michener and Lawrence Ross, have submitted a Final Plat Modification Application (FPM) to remove condition H.3 (page 14) from the conditions of approval for the subdivision. The condition requires a six-foot vinyl fence between the Southern Springs No.2 commercial project and Running Brook Estates Subdivision (residential). The subdivision infrastructure, including the 12-foot wide public pathway, has been installed, although the plat has not yet recorded with Ada County nor have any building permits been issued. The subdivision is located at the southeast comer of Overland Road and Meridian Road/SH-69. The fence condition was required as part of the Preliminary Plat for Southern Springs Subdivision (File #PP-03-016), approved by City Council on 9/9/03. The Final Plat (File #FP- 04-082) was approved by City Council on 1/25/05 and includes the preliminary plat condition to construct the fence. The fence is required on the west side of Ten Mile Creek along the subdivision's east property line. This was a matter of substantial discussion at the public hearing for File PP-03-0l6. (See Exhibit A for a copy ofthe Conditions of Approval.) The original application did not propose any fence west of the Ten Mile Drain. They proposed a small berm with shrubs on the west side of the pathway to provide screening for the residents in Running Brook Estates. The fence was made a condition of approval in large part because the residents felt the berm and shrubs would not offer them adequate screening. They also did not want users of the pathway to have visibility into their back yards. Therefore, the City Council required the fence to be constructed on the east side ofthe pathway, which is within the Nampa Meridian Irrigation District (NMID) easement for Ten Mile Creek. On September 21,2005, I received a letter from Daren Coon, Secretary/Treasurer for NMID, regarding the fence. (See Exhibit R) NMID's Board of Directors denied Southern Springs Subdivision their request to construct the fence within the irrigation easement. The reason for denial was that Meridian's Master Pathway Agreement prohibits fences in their easements. The City Attorney's Office reviewed our Master Agreement and concur that this is accurate. FPM-O5-001/ Southern Spgs 2 Fence CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 So, the applicant is now in a situation where the City is requiring a fence within NMID's easement but NMID will not allow the fence, in large part because ofthe Master Pathway Agreement that governs public pathways along their facilities. (Note: Even without citing the Master Pathway Agreement as the reason, it is unlikely the fence would be allowed within their easement. ) On October 26th, the applicants held a neighborhood meeting to discuss the situation. All neighbors within 300 feet of the subdivision were invited. After that meeting, staffwas told by the applicant's representative, David Koga (The Land Group), that those residents attending the meeting agreed to a relocation of the 6-foot vinyl fence from the east side ofthe pathway to the west side of the pathway. This would place the fence outside NMID's easement and avoid the need to obtain NMID's approval. Staffhas not had any contact from nor attempted to contact any of the residents since the neighborhood meeting to confirm their position. If there is consensus between the applicants and the Running Brook homeowners to simply relocate the fence, the request to remove the requirement for a fence is no longer necessary. However, staffhas identified a couple of other changes that would need to be made to the conditions of approval (see "Staff Analysis" below). OWNER OF RECORD The owner of record for the subject property is Southern Springs, LLC, Boise, Idaho. STAFF ANALYSIS AND RECOMMENDATION If a 6-foot solid fence is constructed on the western easement line ofTen Mile Creek, it would appear to solve the main point of disagreement between the residents and the applicants. It would provide a solid screen between the residential lots and the commercial uses and does not conflict with NMID's policy of prohibiting fences in their easement. However, placement of the fence in this location does create a potential non-compliance with another condition of the Preliminary Plat. Condition #6 states, "Said screening shall not obstruct visibility of the pathway from within the development and shall be placed east of all commercial uses." Locating the fence on the western easement line would "obstruct visibility ofthe pathway from within the development." I have asked Chief Musser and Lieutenant Stowe at the Police Department to provide comment on this issue since it primarily involves a determination of public safety and surveillance of the pathway. As long as there is clear visibility to the pathway from the north (Overland Road), east (Running Brook Estates homes), and from the south (Calderwood Street), Planning staff supports the relocation. If the City Council agrees with the fence on the west easement line, staff recommends condition #6 ofthe Preliminary Plat be modified as follows: "Said screening shall Bat obstrHet ,isibility of the pathway from within the ElevelepmeRt BREI shall be placed east of all commercial uses." Staff does not agree, however, with a solid fence with no breaks or access from within Southern Springs No.2. There needs to be accessibility to the pathway from the west side of the fence, in FPM-O5-001/ Southern Spgs 2 Fence 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 addition to the access available from the Ten Mile Creek bridge that connects Phase 1 and Phase 2. So, staff recommends the City Council require at least two, 5-foot wide openings in the vinyl fence which allow access to the pathway. Condition H.3 could be re-worded as follows: "B.3 The Applicant shall be required to construct a minimum six foot vinyl fence along the easteFB property liRe aloBg the western easement of the Ten Mile Creek, beginning approximately 450 feet south of the Overland Road right-of-way lines. Said fence shall provide two. 5-foot wide openin2s which allow access to the pathway from within Southern Sprin2s No.2. The openin2s shall be spaced evenly apart." Letter from Darrell and Linda Tomlinson The Tomlinson's are one ofthe property owners immediately east of the development. The City Council was copied with an October 20, 2005 letter they sent to the applicants. One ofthe points in that letter is that they interpret condition H.2 of the Preliminary Plat Findings to be requiring both a 10-foot wide pathway and a 20-foot wide sewer access for the Public Works Department. This would result in a 30-foot wide separation. However, the intent ofthis condition is to overlay the two functions, not have them side-by-side. The Public Works Department and Parks Department are agreeable to a shared, all-weather hard surface and neither department requires two different facilities. While the condition may need to be re-worded for clarity, we do not believe this should be imposed as a new condition. Staffrecommends that the Citv Council approve the applicant's request to amend the Final Plat application with the two changes as noted in this staff report (bold items). ATTACHMENTS . Exhibit A - . Exhibit B - . Exhibit C - Original Conditions of Approval NMID letter Approved Final Plat (Southern Springs No.2) FPM-O5-00l/ Southern Spgs 2 Fence 3 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11115/2005 EXHIBIT A ~ Southern Springs No.2 Conditions of Approval (File #PP-O3-016) FPM-O5-001 Exhibit A page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 Developer-Owner, The land Group, Inc. - Engineer", The land Group, Inc., Developer is ---- hereby conditionally approved; and 2. The conditions of approval are as follows to-wit: A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as amended by the Commission as follows: PRELIMINARY PLAT SITE SPECIFIC COMMENTS 1. Sanitary sewer service to this site will be ITom main line extensions of the ~,( Ten Mile Trunk adjacent to the east of the project. The applicant will be responsible to construct lateral sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Sewer mains will not be allowed within landscape areas, beneath landscape islands, and manholes will not be allowed in parking and loading areas. 2. Water service to this site will be ITom main line extensions ITom existing (}..¡) water mains in Meridian Road. The applicant wíII be responsible to construct water '" mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 1. 3. Sidewalks shaH be detached along Meridian RoadJSH 69 and a minimum 5- foot-wide landscaped parkway shall be installed between the edge of pavement and sidewalk in accordance with MCC 12-13-10-8. 4, Approval of Southern Springs Subdivision application docs not imply / approval of the buildings, uses, parking or other development features shown on the face of the preliminary plat. Each individual lot will require a Certificate of Zoning Compliance be obtained prior to submittal of building pennit applicatioIl'ie 5. MCC 12-13~10-4 requires a minimum 25-foot wide strect buffer along j Overland Road and a minimum 35-[00t wide buffer along M..."ridian RoadiSH 69. AU required buffers shaU be located beyond anyright-of-way. If the ITD intersection and road widening project on Meridian Road/SH 69 requires additional right-of- way, the Applicant may qualify fora huflèrwidth reduction under MCC 12-13-10-5- If a reduction is dCliired, submit a written request to the Zoning Administrator with evidence of the need for reduction. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT JoJ""~~~'~"'n..~._.,-- -11';;11) PAGE 6 OF 16 FPM-O5-001 Exhibit A page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1 ]/15/2005 --n'--.."~,---,,,..,~- --- '--'--~---- 6. On or near the western easement line of the 50-foot NMJD easement, ' ---- ~ginning approximately 450 feet south of the OVerland Road right-of-way. ,Il Applicant shall construct a 25-foot wide landscape buffer and/or other screening as . approved by the City. Said screening shaH not obstruct visibility of the pathway from within the development and shaH be placed east of all commercial uses. If NMID requires a Written agreement for landscaping or fencing within their easement, Applicant shall submit said agreement with the final plat application. I;¡':~"ì A blanket, vehicular cross access easement shall be provided for all lots '--Within the subdivision. Said eWiement shall be shown as a note on the final pJat. 8. A vehicular cross access easement agreement shall be entered into with the Bengson parcel to the south to provide for a future connection to E. CaIdc:rwood Dr. Submit said agreement prior to City signature on the final plat. 9. All perimeter lots wong E. Overland Road are subject to a minimum 25.foot j wide landscape easement. This street buffer shall be designed in accordance with MCC 12-13-10. The S9Qthem Springs Bwiness A~"Qci3tion shall maintain said easement and all comrnon area lots within the subdivision. 10. The preliminary landscape plan (Sheet PL-l, dated 5/30/03 by The Land Group) is approved. If the landscape buffer widths must be reduced due to roadway j expansion, Applicant shall re-submit a revised landscape plan to thc PI8JUling & Zoning Department for review prior to City Council approval of the preliminary plat. (Per the City CoWtcil meeting held on September 9, 2003, a revised Landscape Plan has not been submitted by the Applicant, as the Applicant is still negotiating and waiting on the Idaho Transportation Department's comments on the redesign of the intersection of Overland Road and Meridian Road.) 11. Any tree over 4" in caliper that is removed fium the property shall be ./ replaced by installing additional trees, being the equivalent number of caliper - inches oftrec> that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be removed. 12. A detailed fencing and landscape plan, incompliance with MCC 12-13, shall ../ be submitted with the final plat application. 13. Applicant has indicated that the Nampa & Meridian Irrigation District will own and maintain the pressurized irrigation system within this development. The applicant shall be required to provide a backup source to the pressurized irrigation system. FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER F PRELIMINARY PLAT PAGE 7 OF 16 FPM-O5-001 Exhibit A page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 H. Adopt the action of the City Council taken at their September 9, 2003 meeting as follows: For clarification: I. If the parcel abutting the south property line is a residential use at the lime I of development of Lots 8 and 9, a 25 foot buffer shall be constructed on said lots adjacent to the south boundary. il 2. The Applicant shall construct a minimum ten-foot-wide, hard surfaced pedestrian pathway system trom Overland Road to the southern boundary of the property for use as public pedestrian access. A permanent pedestrian easement, in favor of the City of Meridian shall be recorded for said pathway. The existing 20-foot sewer easement adjacent to Ten Mile Creek shall also be improved for access to Public Works Department standards. Additionally, the Applicant shall meet with the Plamring and Zoning Department to determine the Width, location, and adequacy of the pathway along a predominately eastern section of the property from the northern boundary to the southern boundary of the property. 3. The Applicant shall be required to construct a minimum six foot vinyl , fence along the eastern property line along the western easement ofTen j Mile Creek, beginning approximately 450 feet south of the Overland Road right-of-way line. NOTICE OF FINAL ACTION AND RIGHT TO REGULA TORY TAKINGS ANALYSIS 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 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. FINDINGS OF F ACf AND CONCLUSIONS OF LAW AND ORDER OF CONDmONAL APPROVAL OF PRELIMINARY PLAT BEAR CREEK NO.8 I (pP-O3-O21) PAGE 14 OF 16 FPM-O5-001 Exhibit A page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE Of 11/15/2005 EXillBIT B - N ampa Meridian Irrigation District Letter (See next 2 pages) FPM-O5-001 Exhibit C page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF I l/IS/200S ~ & ~ ?vuf}attlJH '[)i4DUd 1503 FIRST STRfEJ SOUTH NAIvIPA, IDA"'IO 83651 "~395 FAX ~ 20fl-463-CX)n 21 September 2005 Phon"" A,oo Code 208 OfFICE, Nompo "66,1M] SHOP, N"",p" 466,0663 Brad Hawkins.Clark City of Meridian Planning & Zoning 660 E. Watertower Suite 102 Meridian, ID 83642 RE: Southern Springs Subdivision- Tcn Mile Drain-Fence Dear Mr. Hawkins-Clark: It has recently come to the attention of the ßoard of Directors of Narnpa & Meridian Irrigation District the City of Meridian has imposed a rcquin:mcnt on the developer ofSuuthcrn Springs Subdivision to install a fence along the Ten-Mil.: Drain as part of the Southern Springs development. Aller making diligent review of the requirement of the fence by the City of Meridian. the Board concIIJI'Cd the fence is not pennissible because it inordinately interferes with the Irrigation District's proper 8l1d necessary operation and maintenance of the Tcn-Mìle Drain. Furthermore. the tence would not be pennissive within the master license agreement that is in place between the City of Meridian and Nampa & Meridian Irrigation District. Thc fence is an obstruction to the Irrigation District, and the Board found the action on the part of the City of Meridian wa$ inappropriate given the previous!y st:::ted condition3. The Board concurred the stipulation for requiremcnt of tencing tor Southern Springs Subdivision be removed from the building requirement $ince thc fence is not pcrnlÎssible by the District. ""'.U"MA!E 'kPI(,ABl., ,'CPb PI\ÆP fl()" ~~;"H:, ,j ,X'J ~C"'I PROlft;1 "(';H~ <¡:,QX' FPM-O5-001 Exhibit C page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 Page 2 Of2 11 September 2005 City of Meridian Should you have uny questions concerning this subject, please reteI' to the master agreement between Nampa & Meridian lITigation District and the City of Meridian and further reference the lack of existence of any suh agreement allowing the construction of a path",uy or a lence along Nampa & Meridian Irrigation District's Ten Mile Drain- Vou may also contact me at the ollìce number listed above for furlher discussion or additional infonnation. Sincerely, "~. '.... , .. ,- " ~~~:'(:~~:.- ~:~:~;ill)';;;=:~~;e~-~" NAMPA & MERIDIAN 1RRIGArJON DISTRICT DRC/jas Pc: File Board of Directors Water Superintendent AUorney-Farris FPM-O5-001 Exhibit C page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 11/15/2005 EXIDBIT C - Approved Final Plat (Southern Springs No.2) '. ,,-~ '. "','.. . FINAL PLAT OF 22!)lWJ1'i -.â1'.ßlli.illU;;J:JWJYISlo/\ ;'¡O, ,,2 . """"'" or ,." "'1' or "" "'" ., ,<en" ". '0._, , """'" "'G' , U,"" "'J!" .n..", <In .. ..."",,- "'. ,"c"',',, ",", ' "" ,~~ FI"""""""'" .,"." ._~~~:"~~~' "I' i' , "~I 't ~~-~, ~-A.'t , 51: Þ:~e'~\ ' I ~~~~' ..~~ \ . giF \~.." ~:~ I kl ';::: - ,"" ",~ " ';"- 0 ".". ".. '," .tTo'¡ -~w'" iò<.i' '\ , ~.,"-~", "'" ""',' ~ ~-: ~.":':"'~--- I' .,":::1""t~~~ " . ~-,"!t"'L.-- .." \' .. ,. ,'~' ~';' I;::"~ ~, """". """'¡-"" : ..",.. "t, ,\s. I I. iilÎl.. 0"- :; , ':.. 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