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Home My WebLink AboutAmbercreek Subdivision AZ-05-055 PP-05-057 RECEIVED FEB 2 3 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER ~'i i eridian . k Office ~g /~TIYdl' 1~ .: \, '-/VltJr/ditfn .' \ I, IIJ.\HO r "~ :Ii' !"' - Òo.""\¡- """'- ' ""'---1:..,.["'-'" "".Y~~ . f911 In the Matter of Annexation and Zoning of 35.33 acres from RUT (Ada County) to R-8 (Medium-Density Residential) AND Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33, by Dyver Development, LLC. Case No(s).: AZ-05-055 and PP-05-057 For the City Council Hearing Date of: February 14, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 14, 2006 incorporated by reference) 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 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 § 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.O5-055 I PP-O5-057 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 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 Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. 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 Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A 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 October 10, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. The Council added a Development Agreement provision that reflected the applicant's willingness to voluntarilv construct a pedestrian pathway along McMillan Road. from Ambercreek Wav to the McMillan Road/Meridian Road intersection (see Section 10.1 of the Staff Report for the Hearing Date of February 14. 2006) 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 14, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years ofthe approval ofthe preliminary plat or one (1) year ofthe combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-055 I PP-O5-057 - PAGE 2 of 4 submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to 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. 2. Please take notice that this is a final action of the governing body ofthe City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 14,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-055 I PP-O5-057 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the rdPrUá~ ' 2006. 28 ..f!!- day of COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED~ VOTED ~ VOTED~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED --- ATTEST: Copy served upon: ~ Þ C...;":.:. f') :: WILLIAM G. BERG, JR., CITY C~RK -y~ - ,¡ß) R ....f -;.. 1!.~ Úflr 1';.';\' . ~ ..., b.: '" "'.. n.-. i)'- ~~ ""'" -VUNT'l. "\,,, /" A I' 1111 \\\ V pp lcant 111111/11 1111\\\\ . V""" Planning Department v Public Works Department ~ City Attorney By: ~ ~AuiY\ ~'S Office Dated: ;;2 - ;l ~ - 0 lP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-055 I PP-OS.O57 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 STAFF REPORT TO: FROM: Hearing Date: 2/14/2006 Mayor and City Council C, Caleb Hood, CulTent Planning Manager Meridian Planning Department 208-884-5533 I o{;Gridi~ \ " . 10,\1-10 I ~~(" A . "~o\- ,~./ ""~~~"'r,..."... ".~,~::" , .) -'- - - - -." 'rø1 SUBJECT: Ambercreek Subdivision AZ~05-055 Annexation and Zoning of35,33 acres from RUT (Ada County) to R-8 (Medium-Density Residential). PP-05-057 Preliminary Plat approval of 175 single-family residential building lots and 16 common lots on 35.33 acres in a proposed R-8 zone, 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dyver Development, LLC, has applied for Annexation and Zoning (AZ) to R-8 (Medium-Density Residential) for 35,33 acres of property culTently zoned RUT in Ada County, The site is located on the west side of Meridian Road and on the south side of McMillan Road. This site is currently vacant and being used for agricultural purposes, The site has not been previously platted. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on December 15,2005 and January 5, 2006, At the January 5, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Kevin Amar (applicant's representative) 11. ill opposition: None, iii. Commenting: None, iv. Staff presenting application: C. Caleb Hood v, Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Linder Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. None, d. Outstanding Issue(s) for City Council: i. A new middle school will be built at the northeast comer of Meridian Road and McMillan Road in 2007, The Meridian Transportation Task Force has concerns about the lack of sidewalk connectivity between this subdivision and the new middle school. The Task Force requests that the City Council discuss with the applicant the possibility of constructing an off-site sidewalk from Meridian Road to their east property line, As proposed by the Planning & Zoning Commission the subject applicant is required to construct sidewalk along their frontage, prior to issuance of the first building pennit. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Armexation and Zoning and Preliminary Plat applications. The Ambercreck Subdivision AZ-O5-055/PP-OS-OS7 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Plannine & Zonin~ Commission is recommendine approval of the proposed Ambercreek Subdivision (AZ-05-055 and PP-05-057). At the February 14. 2006 Citv Council meetim~, the Council voted 3-1 to approve the subject applications with the conditions listed in Exhibit B and the provisions for a Development AQIeement as listed in the Staff Report, NOTE: Staff has modified the DA provisions to include the lan!!Uaee reeardine the applicant's willingness to construct a pedestrian pathway alone McMillan Road to the Meridian Road intersection (see Section lO.1ofthe Staff Report), 3. PROPOSED MOTION (to be considered after the public hearing) Approve After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 05-055 and PP.05-057 as presented in Staff Report for the hearing date of February 14,2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 05-055 and PP-05-057 as presented in the Staff Report for the hearing date of February 14, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ.05-055 and PP-05-057 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance,) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: N, Meridian Road, near the southwest comer of Meridian Road and McMillan Road / 4Nl W36 b. Owner: Dyver Development, LLC 36 E. Pine Avenue Meridian, Idaho 83642 c. Applicant: Dyver Development, LLC 36 E. Pine Avenue Meridian, Idaho 83642 d. Representative: Shawn Nickel, SLN Planning, Inc, e, Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting conCUlTent approval for Annexation and Zoning of the subject 35.33 acres to R-8 and Preliminary Plat approval of 175 single-family buildable lots and 16 common lots. The applicant is proposing a mix of alley- loaded lots (90 lots) and standard, street.loaded single-family lots (85 lots), All of the Ambercreek Subdivision AZ-OS-O55/PP-O5-057 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 proposed lots confonn to the dimensional standards of the R-8 zone. The average lot size in the proposed development is 5,000 square feet, The gross density ofthe project is 4.95 dwelling units per acre. The applicant is requesting a step-up in density, to medium, for this project (see Comprehensive Plan Policies and Goals below.) Nearly twelve percent (approximately four acres) ofthe site is being set aside for open space; six percent (approximately two acres) of the site is being set aside for useable open space, In addition to the open space, a tot lot, picnic area, pathways and detached sidewalks are proposed as amenities in the subject development. 1, Date of prelinúnary plat (attached as Exhibit AI): 2, Date oflandscape plan (attached as Exhibit A2): 10/10/05 10/13/05 h. Applicant's Statement/Justification: The enclosed applications have been subnútted in accordance with the requirements of the Meridian Zoning Ordinance, As a result, this application does not include a request for variance or deviation ftom the Ordinance, The development has also been designed to be in compliance with the intent of the Meridian Comprehensive Plan, In conclusion, Ambercreek Subdivision will be a quality and compatible addition to this area of Meridian. The development is adjacent to similar residential developments, and provides consideration to future properties with proposed stub streets, The requested zoning to R.8 is incompliance with the City's Comprehensive Plan and will benefit the public interest by providing a mix of desirable housing needs to this area 0 the City while allowing for the continued improvement and expansion of city services and an increase in the City's tax base. A variety of housing styles and sizes has been achieved, along with usable open space and amenities, while maintaining an appropriately compatible density (please see Applicant's Submittal Letter.) S. PROCESS FACTS a. The subject application will in fact constitute an annexation as detennined by City Ordinance, By reason of the provisions of the Meridian City Code Title 11 Chapter 5, 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 of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter, c. Newspaper notifications published on: November 28 and December 12, 2005 (for P & Z Commission hearing) and January 23 and February 6,2006 (for City Council hearing,) d. Radius notices mailed to properties within 300 feet on: November 18, 2005 (for P & Z Commission hearing) and January 20, 2006 (for City Council hearing.) e. Applicant posted notice on site by: December 5,2005 (for P & Z Commission hearing) and February 3,2006 (for City Council hearing,) 6. LAND USE a. Existing Land Use(s): agricultural purposes, b, Description of Character of Surrounding Area: The parcels directly to the south and northeast have not been annexed, The property to the east, across Meridian Road, has not been annexed or platted. To the north, across McMillan Road, are the previously approve multi- family and commercial uses within the Paramount development. The City-approved Cedar The subject property is currently vacant and is being used for Ambercreek Subdivision AZ-OS.O55/PP-O5-0S7 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Springs North Subdivision is directly west of the subject site, This area is rapidly transitioning from rural to urban, c, Adjacent Land Use and Zoning: 1, North: Future multi-family and commercial uses approved with Paramount Subdivision, zoned R-40 and C-G 2, East: Rural residential, zoned RUT (Ada County) 3, South: Rural residential, zoned RUT (Ada County) 4. West: Future phase of the Cedar Springs Development, zoned R-8 d, History of Previous Actions: N/A e, Existing Constraints and Opportunities: 1. Public Works: Location of sewer: Sewer is in W, Red Rock Drive from Cedar Springs. Location of water: Water is readily available in W. Red Rock Drive from Cedar Springs and in N. Meridian Road, Issues or concerns: Staff has concems about the 5-acre parcel (Parcel No. S043611O0l5) all sewering to the stub to the north, 2, Vegetation: for. 3, Floodplain: N/A 4, Canals/Ditches Irrigation: The Lemp Canal runs along the northern boundary of this site, It would take a 72-inch pipe to contain the Lemp Canal. Consistent with previous Council action in this area, staff recommends that the Council not require the applicant to tile the Lemp Canal. All iITigation ditches, laterals and canals, except for the Lemp Canal, should be tiled when this property develops, 5. Hazards: Staff is not aware of any hazards associated with this property. 6. Proposed Zoning: R-8 (Medium-Density Residential) 7, Size of Property: 35,33 acres f. Subdivision Plat Infonnation: There are no existing trees on this property that need to be mitigated 1. Residential Lots: 175 2, Non-residential Lots: N/A 3, Total Building Lots: 175 4, Common Lots: 16 5, Other Lots: N/A 6. Total Lots: 191 7, Gross Density: g. Landscaping 1. Width of street buffer{s): A 25-foot wide street buffer is required along both Meridian Road and McMillan Road, arterial streets (ODC 11-2A-5). The applicant is 4.95 units per acre (net 8.7 d,u./acre) Ambercrcek Subdivision AZ-O5-055/PP-O5-057 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARrNG DATE OF FEBRUARY 14,2006 proposing a 25-foot wide landscape buffer along Meridian Road and a 60-foot wide landscape buffer along McMillan Road, The entire landscape buffer along McMillan Road is encumbered by an Idaho Power Company Easement. If Idaho Power does not allow trees within their easement (as vrovosed bv the avvlicant). the avvlicant should be required to widen the landscave buffer an additional 5 feet so that trees can be constructed along McMillan Road (see UDC 11.3B-5J and UDC 11-3B- 7), Staff is generally supportive of the street buffer widths proposed. Street buffers are not required on any of the internal, local streets, However, the applicant is proposing to construct 8.foot wide planter strips between the back of the curb and the face of the sidewalk on the internal streets. Staff is supportive of the proposed street section design, 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 4,06 acres/11.5% (including street buffers) and 2.27 acres/6.4% (excluding street buffers), 4. Other landscaping standards: Landscaping adjacent to micro.paths should comply with UDC 11.3B-12, Common open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3E2), h, Amenities: 6.4% useable open space, tot lot, BBQ and picnic area, and micropaths to private park site, i. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have a 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R.8 Setbacks (in feet) Proposed Front Living Area (to sidewalk) 15 Side Accessed Garage (to sidewalk) 15 Front Accessed Garage (to sidewalk) 20 S~ 4 Rear 12 Frontage (garage facing street) 50 Frontage (alley loaded garage) 40 Lot Size (garage facing street) 5,000 Lot Size (alley loaded garage 4,000 k. Proposed and Required Non-Residential: N/A Required 15 15 20 4 12 50 40 5,000 4,000 1. Summary of Proposed Streets and/or Access: The applicant is proposing one public street access to McMillan Road and one public street access to Meridian Road, All of the internal streets are local streets with a 34-foot wide street section (measured back of curb to back of curb) and contain sidewalks that are detached 8 feet from the back of curb. The applicant is proposing to construct alley loaded units on four blocks. The alleys are also proposed to be dedicated to ACHD as public alleys and contain a 16-foot wide pavement Ambercreek Subdivision AZ-O5-055/PP-O5-057 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 section within 20 feet of rightwof-way. Staff is supportive of the proposed street system. The ACHD is requirinll traffic calmine: devices alonll Red Rock Drive and Elsinore Avenue; a tum lane on McMillan Road: widenin2 of Meridian Road abuttin2 the site; and construction of sidewalk alone: both McMillan Road and Meridian Road, For a detailed report on all of ACHD's conditions, please see the ACHD report and Exhibit B. 7. COMMENTS MEETING On November 23,2005, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below, 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map, Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan,) The proposed Preliminary Plat includes 175 single- family lots on 35,33 acres for a gross density of 4,95 dwelling units/acre. As allowed bv Note #2 on the face of the Future Land Use Map. the applicant is requestine: a step UP in densitv and zornne: desilmation. from low to medium. A Comprehensive Plan Map amendment is not required for the Citv to process the applicant's request for the R-8 zone for a propertv desÜmated for Low Density Residential use, NOTE: The designation of the subject site on the Comprehensive Plan Future Land Use Map is proposed to be amended to "Medium Density Residential" with the cUITent North Meridian Area Comprehensive Plan Amendment (NMA CPA), The NMA CPA is scheduled to be on the January 17,2006 City Council agenda, If approved by the City Council, as recommended by the Commission, this area would not need the step up in density; it would comply with the new map designation. Chapter VII, Goal III, Objective A, Action I - Require that development projects have planned for the provision of all public services, . When the City established its Area of City Impact, it planned to provide City se11Jices to the subject property. The City of Meridian plans to provide municipal se11Jices to the lands proposed to be annexed in the following manner: . Sanitary sewer and water se11Jice 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. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office, Once annexed the lands will be se11Jiced 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 se11Jice will not change. The subject lands are currently se11Jiced by the Meridian School District #2, This se11Jice will not change, The subject lands are currently se11Jiced by the Meridian Library District, This se11Jice will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . . Ambercreek Subdivision AZ-O5-055/PP-O5-057 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 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 Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions, This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient, Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow, The submitted preliminary plat proposes to extend an approved stub street from Cedar Spring North (Sage Spring/Red Rock Drive), and provide an additional stub to the conceptual attached phase of Cedar Springs North (Peach Springs Drive.) The applicant is also proposing a stub street, Elsinor Avenue, to the unplatted property to the south and a stub street, Havasu Falls Drive, to the unplatted property to the northeast, Tofurther enhance connectivity in this area, staff is recommending that the Elsinore Avenue stub location be moved approximately 200-feet to the east, and that an additional stub be provided from Lava Falls Drive to the 5 acre parcel directly northeast. See Analysis below and Exhibit B for more details. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments, See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide pennanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. A six-foot tall closed fence has been proposed around the entire perimeter of the development. Prior to house construction, fencing should be constructed around the perimeter of this site. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to construct detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian connections to adjacent properties. Due to the anticipated construction of the middle school on the northeast comer of McMillan Road and Meridian Road, staff recommends that the detached sidewalks along McMillan Road and Meridian Road be constructed with the first phase of the development, See Analysis below for more information. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development Ambercreek Subdivision AZ-OS.O55/PP-OS.O57 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 to link subdivisions together and promote neighborhood connectivity. See above, Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. One public street access to McMillan Road and one public street access to Meridian Road are proposed, Direct lot access to McMillan Road and Meridian Road should be prohibited, Chapter VII, Goal IV, Objective C, Action I - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone, Staff.finds that the existing residential properties to the south, east and west and the future multi-family and commercial area, which are across McMillan Road to the north, are compatible with the proposed development. Chapter VII, Goal IV, Objective C, Action 10 ~ 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 opportunities, The subject application includes a request for the R-8 zone. Cedar Spring North Subdivision obtained an R-8 zone and Paramount Subdivision obtained R-8, R-40, L-O and C-G zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Due to the higher density phases approved directly to the west in Cedar Springs, and to the north in Paramount Subdivision, staff believes that the proposed density and zoning for this property is appropriate, Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a, Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family homes as permitted uses in the R-8 zoning district. b, Purpose Statement of Zone: R-8 Medium-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan, Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range, c, General Standards: All of the proposed lots comply with the standard lot size and street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Ambercreek Subdivision AZ-O5-055/PP-OS-OS7 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 10. ANALYSIS a, Analysis of Facts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings, The annexation legal description submitted with the application (stamped on September 29,2005 by Clinton W, Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian, Special Considerations: Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is planned to open on the northeast corner of Meridian Road and McMillan Road, At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools, In light of these concerns, staff reconunends that the applicant be required to construct a 5-foot wide detached sidewalk along their frontage of McMillan Road and Linder Road, prior to issuance of building pennits in the first phase of the development. Access to Arterials: Except for one public street access to McMillan Road and one public street access to Meridian Road, vehicular access to McMillan Road and McMillan Road should be prohibited for this site Development A!!feement: UDC 11-5B-3.D,2 and Idaho Code § 65-67l1A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses, Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desilmation and does not ne!!atively impact nearby properties, . Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary. at 888-4433 to initiate this process within 18 months of Citv Council approval. The DA shall incorporate the following: . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors, That 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. That the applicant will be responsible for all costs associated with the sewer and water service extension, That any existing domestic wells and/or septic systems within this . . Ambercreek Subdivision AZ-OS-OSS/PP-O5-0S7 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 2, . 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 prior to issuance of any building permit, the subject property be subdivided in accordance with the City of Meridian Unified Development Code. That five-foot wide sidewalks and street buffers, constructed in accordance with City Code, be installed along McMillan Road and Meridian Road prior to occupancy of any new dwelling units, That the applicant has voluntarily ae:reed to construct a pedestrian pathway alone: McMillan Road. from Ambercreek Way to the McMillan RoadlMeridian Road intersection. If ACHD is unable to acQuire an easement or property from the 5-acre outparcel to the east. the applicant shall construct said pedestrian oathwav within the existine: rie:ht-of-wav for McMillan Road (north side of the canal). If ACHD is able to acQuire an easement or additional rie:ht-of-wav from the 5-acre outoarcel. said pedestrian pathway shall be constructed on the south side of the canal. A pedestrian pathway alone: McMillan Road. from Ambercreek Way to the McMillan RoadlMeridian Road intersection shall be installed prior to occupancy of any new dwelline: units on this property. That one public street access will be allowed to McMillan Road and one public street access will be allowed to Meridian Road; direct lot access to McMillan Road and Meridian Road shall be prohibited, . . . PP Application: Zoning Ordinance. The proposed preliminary plat substantially complies with the Special Considerations: Intercormectivity: The applicant is proposing to construct/extend five stub streets to adjacent properties, Staff is generally supportive of the proposed stub street locations, with two exceptions, First, staff recommends that the Elsinore Avenue stub be relocated approximately 200 feet to the east. This recommendation will prevent Elsinore from being such a long, straight street and also allows a direct pedestrian movement between the park site on Lot 9, Block 5 and the southern lots, The second recommendation regarding interconnectivity has to do with access to the five-acre parcel to the northeast. To limit future access points to Meridian Road, staff recommends that a stub street from Lava Falls Drive be provided north to Parcel No, S043611O015, or Lava Falls Drive be relocated to the north property line, See Exhibit B below, Sidewalks: The applicant is proposing to construct four-foot wide detached sidewalks on the internal streets, The sidewalks are detached from the curb with an eight-foot wide landscape strip (parkway.) In accordance with the recently passed ACHD planter width standards and UDC 11-3A-17, the width of the landscape planter strip should be constructed as proposed and include Class II trees, See Special Consideration section above for the requirement to construct sidewalks adjacent to McMillan Road and Meridian Road and Exhibit B below, Ambercreek Subdivision AZ-O5-055/PP-O5-057 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Landscaping:: The landscape plan prepared by The Land Group, Inc., on 10-13.05, labeled Sheet Ll,O, Ll.l and Ll.2 is approved with the following modifications/notes: . Provide landscape buffers along Meridian Road and McMillan Road as depicted, The landscape buffers along the arterials shall be designed in accordance to UDC 11-3B-7. If Idaho Power will not allow trees within the easement along McMillan Road, widen the landscape buffer by five feet and include the required trees and shrubs within the additional five feet UDC 11- 3B-7Clb), The landscaping and sidewalks along Meridian Road and McMillan Road should be installed prior to the issuance of the first occupancy pennit within this development. . All parkway trees shall be Class II trees, . Per UDC 11- 3G-3A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5, . A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14, Submit a revised landscape plan, reflecting the changes mentioned above, with the final plat application(s), Unimproved RÜzht.of-Wav: Meridian City Code requires a la-foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program, The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Neither McMillan Road nor Meridian Road abutting this site, meets the warrants for the 1O.foot wide gravel shoulder requirement listed above, However, the applicant is proposing 5-foot wide gravel shoulders along the arterial streets, The applicant should be required to improve McMillan Road and widen Meridian Road as required by ACHD, Access: The applicant is proposing one public street access to McMillan Road and one public street access to Meridian Road; no direct lot accesses to the adjacent arterial roads are proposed, Except for the proposed public street accesses, access to this parcel from Meridian Road and McMillan Road is prohibited. See Exhibit B below. Allevs: The applicant is proposing alleys within four blocks of the development. The right-of-way for the proposed alleys is 20-feet wide and is proposed to be dedicated and maintained by the Ada County Highway District. Staff is supportive of the proposed alley configurations. The applicant should be required to comply with ACHD's standards for alley construction. All alleys should contain at least 16 feet of pavement within the 20-foot right-of-way and be constructed with 28-foot inside and 48-foot outside turn radii where the alleys intersect the public streets. See Exhibit B below, Fencing:: The applicant is proposing to construct a six.foot tall solid fence around the perimeter of the site and four-foot tall solid fences adjacent to the internal common lots, A detailed fencing plan should be submitted upon application of the [mal plat. If Ambercreek Subdivision AZ-05-05S/PP-OS-057 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14, 2006 pennanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to ODC 11-3A-7, See Exhibit B below, Micro-paths: All micro-paths shall be constructed in accordance with UDC 11-3A-8 (construction) and UDC 11-3B (landscaping). Common Areas; Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners' Association. Ditches. Laterals. and Canals; There are exiting inigation ditches that run along the perimeter of this parcel. The Lemp Canal runs along the northern boundary of this site. The City Council has regularly granted waivers of the requirement to tile the Lemp Canal, as it would take a 72-inch pipe. Staff recommends that the City not require the applicant to tile the Lemp Canal abutting this site. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, the Lemp Canal and waterways being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. Pressure Irri!!ation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to use 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the [mal 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 ODC 11-3A- 15 andMCC 9~1-28. b, Staff Recommendation: Staff recommends apProval of the subject applications AZ.05- 055 and PP-05-057. with the conditions listed in Exhibit B of the Staff Report for the hearing date of January 5. 2006, 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated: 10-10-05) 2, Landscape Plan (dated; 10-13-05) B. Conditions of Approval 1, Planning Department 2, Public Works Department 3, Fire Department 4, Police Department 5, Parks Department 6. Sanitary Service Company Ambercreek Subdivision AZ-OS-055/PP-05-0S7 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 7, Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department 1O, Settlers Irrigation District C. Legal Description D. Required Findings from Unified Development Code Ambercreek Subdivision AZ-OS-OSS/PP-OS-OS7 PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 A. Drawings 1. Preliminary Plat (dated: 10-10-05) !t I, I . i i.1 ~ ~i IJ: Ji:~! Uhlllri.1 H.,~I_il.IJl¡ ¡ "..I~dl , -r.. "..." ¡ iJì:s.1 .hi t I I ' !II: II !tiil" . -, .1 ~ I Jf. ,~51 I 'I III. I -I . !",¡il " ! I rll! 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' ~ I : """-"---""""'---..."., Exhibit A - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Exhibit A - Page 4 I :-: j"" , c:..2.. ~~~ ~!" , ;!; '=, ~~, ~.J Je - '-~ 0- ~ '~s~ ~!'-> ~'ð ..." ;i= ~ ;," ~ 'í ~Z' '" II: ... ,,"_.. ,-", !Î II ¡, . .-~ NI::~~II' i~ ~r ,~ ~~. - ¡", "I': §~I !§ ~ i ~; 'Ji.I'~t .. ,"I ..~. "~".~¡ Î " I G:-l"""~:' r-r-r'" ~ --' --II -"jl !wJL tfì¡: ,I .. I ~~ "', '~- 'I' f":' ~-~ll: ihIji:J: II ",,:----:(T~ë~~~....:,I, ---",12 ",-' Ii ~If!.tdf ~ì-""L'~'rr" ',!,iJ' :: -H !! . ¡:.t,:: I ;[1: i-" 1'1'-- -~. ,,) ð¡ _;.'~_1~.~c'--:" ;", ~I~,jl-- ~~~ :.!-___lil'_~QJr_, -- "1:] .~:, r 9.s.f;i - , 0'4 f.~ ,- ,- ,oJ!rj .' . , ~n ~h- -. ph ... 'l:j::I. ~[. '01 ',I: h 1'1'-:'- _b' ':'f-r; c_,~~ ¡.:;:iT"I....1 ,¡I. ;'.f~ ',i. ~p: l !_~I"'¡I~"~';¡-i -- .:~J -~~""! ,.~~~,:~~_~'I ! '-".'::V:~~. .~<tk;)~-ì' 9",1'!J:-:k~~r~¡,i t.T' - "I ; h ;~~ ~L='~ ,~~~_: ~ -l H\ Þ o~JL~~t7:ó .~ @~d~ ..' .. i I I It<>~ :~~~o--;:~"Ø ~=Îlw, ¡i[; r~ -f'---~- L.~ :'C::'-~r ' -"'~~~---' cel; ~~'.. .c,:' s: 13; ~! 1_-- 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-05-057) 1.1.1 The preliminary plat labeled as PP-l, prepared by Bailey Engineering, Inc., dated October 10, 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Armexation and Zoning (AZ-05~055) application shall also be considered conditions of the Preliminary Plat (PP-05-057). Relocate the Elsinor Avenue stub street approximately 200 feet to the east (to generally align with the micro-paths leading to/from the park site.) Either relocate Lava Falls Drive to the north to provide access to the five-acre parcel at the southwest comer of the intersection of McMillan and Meridian Road (Parcel No. S043611 00 15), OR construct a public stub street from Lava Falls Drive, that aligns with Alester Avenue, to Parcel No. SO43611O015. The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class II trees. Prior to issuance of the fIrst occupancy pennit, provide five-foot wide detached sidewalks along the entire frontage of McMillan Road and Meridian Road, The landscape plan prepared by The Land Group, Inc., on 10-13.05, labeled Sheet L1.0, Ll.I and Ll.2 is approved with the following modifications/notes: . Provide landscape buffers along Meridian Road and McMillan Road as depicted. The landscape buffers along the arterials shall be designed in accordance to UDC 11-3B- 7. If Idaho Power will not allow trees within the easement along McMillan Road, widen the landscape buffer by five feet and include the required trees and shrubs within the additional five feet. The landscaping and sidewalks along Meridian Road and McMillan Road shall be installed prior to the issuance of the first occupancy pennit within this development. All parkway trees shall be Class II trees. Per UDC 11-3G-3.A, set aside 6.4% (2.27 acres) of the site for useable open space and provide a tot lot, BBQ, and picnic area within the private park site on Lot 9, Block 5. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the final plat application(s). Place a note on the face of the final plate s), stating that direct lot access to McMillan Road and Meridian Road is prohibited. Exhibit B - Page 1 1.1.8 1.1.9 ..-.---.-- - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 Construct all alleys to comply with AClID's requirements for public alleys. All alleys shall contain at least 16 feet of pavement within a 20-foot right-of-way, as proposed, and include 28- foot inside and 48-foot outside turn radii where the alleys intersect the public streets. Construct 6-foot tall solid fencing around the perimeter of the site, as proposed. Any fencing adjacent to common lots and micro-paths shall be restricted to either 4-foot tall solid, or 6-foot tall open vision (maximum). A detailed fencing plan shall be submitted upon application of the final plates). If penuanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A- 7. 1.1.10 All micro-paths shall be constructed in accordance with UDC 1l.3A-8 (construction) and ODC 11-3B (landscaping). 1.1.11 Maintenance of all common areas shall be the responsibility of the Ambercreek Home Owners' Association. 1.1.12 All irrigation ditches, laterals or canals, exclusive of the Lemp Canal and natural waterways, intersecting or crossing the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.1.13 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-05.057) 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(s). Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. All areas approved as open space shall be free of wet ponds or other such nuisances. All stonuwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 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 permitted under UDC 11- 3B. 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 stonuwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 1l.3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. Coordinate fire hydrant placement with the City of Meridian Public Works Department. Staff s failure to cite specific ordinance provisions or tenus of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B - Page 2 2.6 2.7 2.8 2.9 2.10 2.11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 1.2.6 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B- 7. 2.1 2. Public Works Department Sanitary sewer service to this development is being proposed via extension of mains in Cedar Springs Subdivision. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fonus of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confonuance of City of Meridian Public Works Departments Standard Specifications. Extend sewer and water service to the southem portion of the 5-acre parcel (Parcel No. S0436110015) through the access required by the Planning Department's conditions of approval. 2.2 2.3 Water service to this site is being proposed via extension of mains in N. Meridian Road, and extension of mains in Cedar Springs Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The City of Meridian's to and through policy will require the applicant to install water main on the frontage of this property in McMillan Road. Once the frontage main is installed, there will be a gap of approximately 290-feet between this development and the intersection of McMillan and Meridian roads without water main. The applicant shall coordinate with the Public Works Department a cooperative agreement whereby this gap in the water line is installed with this development and funded by the City of Meridian. The applicant has indicated Settlers will own and operate the pressure irrigation system in this proposed development, a plan approval letter shall be submitted prior to scheduling of a pre- construction meeting. 2.4 2.5 If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. 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 use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. All existing structures shall be removed prior to signature on the final plat by the City Engineer. No large landscaping shall be allowed within 5-feet of a meter tile, per City of Meridian Standard Specification 7.07(w) note 3. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 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 permits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted Exhibit B - Page 3 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 3.1 3.2 3.3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF FEBRUARY 14,2006 2.12 fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 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. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviro1llIlental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. 2.13 All grading of the site shall be perfonned in confonnance with MCC 11-12-3H. 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. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. One hundred watt, high-pressure sodium streetlights shall 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 to commencing installations. 3. Fire Department One and two family dwellings will require a fire-flow of 1,500 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed. an average of 500' apart. Intemational 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. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not tàce a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. Fire Hydrants shall be placed on comers when spacing pennits. Fire hydrants shall not have any vertical obstructions to outlets within 10'. Fire hydrants shall be place 18" above finish grade. e. f. g. Exhibit B - Page 4 3.11 4.1 5.1 6.1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14.2006 h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 3.4 All entrance and internal roads (including alleys) shall have a turning radius of28' inside and 48' outside radius. 3.5 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D1O3.6 Signs. 3.6 Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.7 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Y2 the diagonal measurement of the full development. 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The proposed l75-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 508 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 measured by an approved route around the exterior of the facility or building, on-site fITe 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). 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). Emergency response routes and fire lanes shall not be allowed to have speed bumps. 4. Police Department The proposed plat encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Peach Springs Drive, Elsinore Avenue and Red Rock Drive. 5. Parks Department No comments. 6. Sanitary Service Company Please contact Bill Gres!Ory at sse (888-3999) for detailed review of Your prOPosal prior to the public heariol!. There is a concern that the required modifications to alleys may significantly impact your site design and may require a revised site plan. If the site plan is revised, contact the planner assigned to the project immediately to discuss the changes and how to proceed with the revised site plan. Exhibit B - Page 5 7.6 7.7 7.8 7.9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 7. Ada County Highway District 7.1 Site Specific Conditions of Approval Construct a 5-foot detached concrete sidewalk south of the Lemp Canal within an easement provided to the District. 7.2 Construct a westbound left turn lane on McMillan Road at the north site access intersection. 7.3 The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right~of-way along Meridian Road, and construct a minimum 5-foot wide concrete sidewalk along Meridian Road, located a minimwn of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a núnimwn 5-foot wide concrete sidewalk along Meridian Road, located a minimum of 28-feet from the centerline of the right-of- way, in an easement provided to the District. c. Do not dedicate additional right-of~way, but construct a núnimwn 5-foot wide concrete sidewalk along Meridian Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly acconunodate existing drainage and utilities. 7.4 Widen Meridian Road with 19-feet of pavement from centerline abutting the entire site. 7.5 Construct the internal streets as 34 ~foot street sections (with local fire department approval) with curb, gutter, 4-foot detached concrete sidewalks, and 8-foot planter strips, as proposed. Provide sufficient pavement width on the two site entrance roadway intersections (Ambercreek Avenue intersecting McMillan Road, and Lava Falls Drive intersecting Meridian Road) to acconunodate simultaneous left and right turn movements. Provide 21-foot street sections on each side of the proposed center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Provide traffic calming (i.e. chokers, bulb-outs, traffic circles, etc.) along Red Rock Drive and Elsinore Avenue. The applicant shall coordinate the location and design of the traffic calnúng devices with District Traffic Services staff. Construct stub streets to the suITounding properties as identified below. Install a sign at the tenninus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." . Stub street to the south, Alester Avenue, located 200-feet west of Meridian Road (measured centerline to centerline). Stub street to the south, Elsinore Avenue, located to generally align with the núcropaths that lead to the park site in the northern part of the subdivision. (This will require a shift of approximately 240-feet to the east from where the stub street was originally proposed to be located.) . Exhibit B - Page 6 7.14 7.15 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY ]4,2006 . Stub street to the west, Red Rock Drive, located approximately I60-feet north of the south property line (measured property line to centerline). This stub street shall align with and connect to Sage Spring Drive within Cedar Springs Subdivision to the west of this site. Stub street to the west, Peach Springs Drive, located 690-feet north of the south property line (measured property line to centerline). Stub street to the east, Havasu Falls Drive, located 2I5-feet south of McMillan Road (measured centerline to centerline). . . 7.10 Construct one roadway, Lava Falls Drive, to intersect Meridian Road. This road shall be shifted to the north to provide access to the 5-acre parcel at the southwest comer of the intersection of McMillan and Meridian Road, OR the applicant shall construct a stub street in alignment with Alester Avenue to the 5-acre parcel. 7.11 Construct one roadway, Amber Creek Avenue, to intersect McMillan Road approximately 355- feet west of the east property line (measured property line to centerline), as proposed. 7.12 Submit the bridge plans for the crossing of the Lemp Canal (Ambercreek Avenue) for review and approval prior to the pre-construction meeting and plat approval. 7.13 The applicant shall construct the two proposed east-west alleys and the one proposed north south alley to the following standards: . Dedicate a minimum of 16~feet for all alleys. All alleys shall be paved a minimum of 16- feet in width. Parking off the alley shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. Access to an alley shall be located a minimum of 25-feet from the nearest public street. . . Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. Comply with all Standard Conditions of Approval. Standard Conditions of Avvroval Any existing iITigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or 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. Comply with the District's Tree Planter Width Interim Policy. 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. Exhibit B - Page 7 7.2.9 -..- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 7.2.7 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. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 7.2.12 7.2.13 8.1 9.1 9.2 9.3 10.1 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342.1585) at least two full business days prior to breaking ground within ACHD right-of.way. The applicant shall contact ACHD Traffic Operations 387~6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 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 subj ect 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. 8. Nampa & Meridian Irrigation District No comment; outside ofNMID's district. 9. Central District Health Department After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. Run-off is not to create a mosquito breeding problem. 10. Nampa & Meridian Irrigation District All irrigation/drainage facilities along with their easements must be protected and continue to Exhibit B - Page 8 10.2 10.3 lOA 10.5 10.6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 function. The facilities involved are: 1) The Settlers Canal that requires a 50' easement and an access road along the south bank, 2) The Coleman Lateral that requires a total 30' easement and access road. 3) The Starkey Lateral that requires a 20' easement. Contact SID for additional requirements, Contact SID for additional requirements. A Land Use Change Application must be on file prior to any approvals. A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. Any changes to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. All stonn drainage must be retained on-site. The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre. construction meeting. Exhibit B - Page 9 -------- - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 C. Legal Description le{al Description James Property A parcel located In the NE \4 of the NE 'I. of Section 36, Township 4 North, Range 1 West, 8o1se Meridian, Ada County, Idaho, and more partiCUlarly described as fallows: Commencing at a brass cap monument marking the northeast comer of said Section 36, from which a 5/B inch diameter iron pin marking the northwest corner of said NE 1j., of the NE IA bears N 89"54'16" W a distance of 1340.89Ieet; Thence N 89"54'16" W along the northerly boundary of said NE \4 of the NE '.4 a distance of 290.00 feet 10 a 5/8 inch diameter Iron pin and the POINT OF BEGINNING; Thence leaving said northerly boundary S 0'02'52" W a distance of 834.83 fset to a 518 Inch diameter Iron pin; Thence S 89"54'16" E a distance of 290.00 feel to a 518 inch diameter iron pin on the easterly txJundary of said NE V. of the NE '.4; Thence wong said easterly boundary S 0'02'52" W a dislance of 495.36 leat to a 5/8 inch diameter ¡ron pin marking Ihe southeast corner of saId NE '.4 of the NE '.4; Thence N 89 .45'18" W along the southerly boundary of said NE '1.01 the NE '/. a distance of 1340.60 feet to a 5/8 inch diameter fron pin marking the southwest comer of said NE V. of the NE %; Thence N 0'02'06" E along the westerly boundary of said NE 'I. of the NE V. a distance of 1326.70 feet to a 5/8 inch diameter iron pin marking the nor1hwest comer of said NE V. of the NE '14; Thence S 89'54'16" E along the northerly boundary of saki NE '14 of the NE V. a distance of 1050.89 feetto the POINT OF BEGINNING. This parcel contains 35.33 acres and is subjeCt to any easements existing or in use. at I (:, ¡Uti; MERIOIÁN PUBLIC WORIß DEPT, ClInton W. Hansen, PLS Land Solutions, PC Revised - September 29, 2005 - '\ REVIEW APP¥>Y~ L fJ( '-,,'" ,;,t. Láií~'ìSbJutions c:;::::" - - -.- lameo """I"'oy Joh . 05.(,2 Exhibit C - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 I ! .. -. ~~ =_lc~~,,'=,~.~t="'~~~:::' .- . - i I i I i j ! I j! .; il ~[ I ¡ j i ~ ...; ,--,-..iiii.i"!Yi""------iji'iY «;,,-- ¡ .1/ . ¡ !or ~ ~. I I' r jm . ft'-.~.,-- ¡~ I "~ -----_.l-----~:~:-=::::=---;;~~- ." ":';;-, --~,~. -------~ - ,.,.. r Hi HI,....."., ...--.",,' ".",,-----'- F ¡f ~ >- ! ~ i 1 I' ' -....._,---, ,~;~ 11~r r- r I .. , II I )! f ¡ d Ir,,~? " t ~~ ,I In~ I' ,;( ~~ ¡ J.,; i~ I ¡ i . i, d ,'" i : , if I: ~ ¡ I , f- , ,:< ¡r ,._jL) ,.-., ì d I ~~ rl " I - -------:;,~-* ¡ I Illi 11I/!I¡II!!.ø.m. ~~, ,~' PI' ~1¡ "If'rrTfI . !~ Ifum!I'Wn¡¡ III I¡ 1.¡lii '!I,'lIr liP: r I ~ r. t, , I, !; I I i (.<>,.,.... I'lqp:W 11 ¡ I 11 I Exhibit C - Page 2 . . Ii ~ J "" IJ; ~ li~ -~ Ii: ~ ~ ..." '\- II; ~ ,IF" CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-8. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that single-family residential uses are allowed within the requested zoning district ofR-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 confonn to the proposed zoning designation. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Council fmds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. The annexation is in the best of interest of the City (UDC 11-5B-3.E). 3. 4. 5. 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. This is a logical expansion of the City limits. In accordance with the findings listed above, Council finds that Annexation and Zonine of this property to R-8 would be in the best interest ofthe Citv. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: Exhibit D - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 14,2006 6. Exhibit D - Page 2 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan, and the land use designation change proposed for this property with the North Meridian Area Comprehensive Plan Amendment. Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; 3. Council fmds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; 4. 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. There is public financial capability of supporting services for the proposed development; 5. The Council finds that supporting services are available to support the proposed development. Staff recommends the Commission and Council rely upon comments from the public service providers (i.e" police, fire, ACHD, etc.) to detennine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature( s) of maj or importance.