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HomeMy WebLinkAboutReserve Subdivision PP CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED FEB 2 3 2006 i ~f Meridian .' ..' Jerk Office c«e;;dl~n -~; \ \.;;.. ILJ.\HO .I :\'1".. .I" ~,'" '.y' "-'!"!...,..r.'~.,. ",s..,..~¡';:!..' "ml In the Matter of Annexation and Zoning of 5.0 acres from RUT (Ada County) to R-4 (Low- Density Residential) AND Preliminary Plat approval of 12 single-family residential building lots and 5 common lots on 5.0 acres, for Reserve Subdivision, by Dave McKinnon. Case No(s).: AZ-05-050 and PP-05-051 For the City Council Hearing Date of: February 28, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28, 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 ofthe 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-O5-050 / PP-O5-051 - 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 28, 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 7, 2005 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. None. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28,2006 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 of the approval ofthe preliminary plat or one (1) year of the 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 confonns substantially to the approved preliminary plat, such segments, if 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 tennination 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 CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-050 / PP-O5-051 - PAGE 2 of 4 exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as detennined 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. Ifthe 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 pennit 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 of the City of Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use pennit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of February 28,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-050 / PP-O5-051 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the ;=epf1,Ut,~ ' 2006. 2f3#- 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 Copy served upon: ~ ATTEST: - B: Dated: 3-l..QJ.d CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-050 / PP-O5-051 - PAGE 4 of 4 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 STAFF REPORT TO: FROM: Hearing Date: 2/28/2006 Mayor & City Council C. Caleb Hood Current Planning Manager City of Meridian Planning Department 208-884-5533 , c«'eridi ~\ \,;.. II),\HO f :\~¡-. f ~'" .\ ---I" ",,»,..~ 1" .... ,.~,-~ j -- ".-,""'."'L",!'_"_'- .' 1';;1 SUBJECT: Reserve Subdivision AZ-05-050 Annexation and Zoning of 5.0 acres from RUT to R-4 (Medium Low-Density Residential) PP-05-05l Preliminary Plat request for 12 building lots and 5 common lots on 5.0 acres in a proposed R-4 zone, for Reserve Subdivision 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dave McKinnon, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 12 building lots and 5 common lots on 5.0 acres. The site is located on the west side of Locust Grove Road, approximately 1,000 feet south of Chinden Boulevard. This site is currently rural residential with one single-family residence and accessory buildings. The site has not been previously platted. However, four of the five acres proposed for development have been the subject of previous preliminary plat applications. In the spring of 2005, a 22 lot subdivision on 9 acres was submitted and withdrawn by the applicant, C5 Development, on tills site (AZ-05-004, PP-05-006 & V AR-05-005). In the summer of 2005, an 8 lot subdivision on 4 acres was submitted and then withdrawn by the applicant, Conger Management Group (AZ-05-035 & PP-05-054). GO Properties, LLC, who owns one acre on Locust Grove Road has now partnered with Jake Centers, who owns four acres, to submit the subject applications. The five acres directly west of the subject site, with frontage on Jericho Road, has been sold to James Lucillni and is not a part of the subject applications. Please see History of Previous Actions in Section 6 below. The subject property is witilln the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on November 17, 2005, December 8, 2005 and January 19, 2006. At the January 19, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: David McKinnon (owner's representative) ii. In opposition: None. iii. Commenting: None. iv. Staff presenting application: Craig Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Street connectivity in tills area; ii. Current and past ownership of adjacent parcels; iii. Density; iv. Fencing; v. Availability of City services; and, vi. Turnaround for Commander Street. c. Key Commission Changes to Staff Recommendation: Reserve Subdivision Revised3 AZ-O5-050, PP.O5-051 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE Of FEBRUARY 28,2006 1. Staff recommended denial of this project. The Commission voted 3-2 to approve the subject development. d. Outstanding Issue(s) for City Council: i. Whether or not it is in the best interest of the City to approve this development. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the requested Annexation and Zoning and Preliminary Plat applications below. At the December 8. 2005 public hearin!!. staff recommended denial of the subject applications. At the December 8. 2005. public hearin!!. the Planning and Zoning Commission voted to remand the subject applications back to Planning Staff so that Findin!!s and Conditions of approval could be drafted. At the January 19. 2006 Planning and Zoning Commission public hearing. the Commission voted to approve the subject development with the Findings (Exhibit D) and Conditions of Approval (Exhibit B) as shown in the Staff Report for the hearing date of Februarv 28.2006. 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. 05-050 and PP-05-051 as presented in Staff Report for the hearing date of February 28,2006 with the following modifications: (Add any proposed modifications.) Deny After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 05-050 and PP-05-051 as presented in the Staff Report for the hearing date of February 28, 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-05-050 and PP-05-051 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: West side of Locust Grove Road, south of Chinden Boulevard, within Section 30, Township 4 North, Range 1 East. b. Property Owners: Jake Centers 1979 Locust Grove Road Meridian, Idaho 83642 & GO Properties, LLC 5488 N. Bach Avenue Meridian, Idaho 83642 c. Applicant: Dave McKinnon Reserve Subdivision Revised3 AZ-O5-050, PP-O5-051 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 Conger Management Group 405 South 8th Street, Ste. 290 Boise, Idaho 83702 d. Representative: Dave McKinnon, Conger Management Group e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 12 building lots and 5 common lots on 5.0 acres proposed for R-4 zoning. 1. Date of preliminary plat (attached as Exhibit AI): 10/7/05 2. Date of landscape plan (attached as Exhibit A2): 1/10/05 h. Applicant's Statement/Justification: "As you well know, this is the third revision for this much-maligned subdivision, but the revisions continue to make it a better subdivision that better reflects the City's Ordnances and Comprehensive Plan. The major changes to the subdivision are comprised of the inclusion of the one-acre parcel of ground located (on) Locust Grove (in the northeast portion of the proposed subdivision), a major revision of the entry into the subdivision, the inclusion of several more building lots (to increase density) and the placement of a pathway extending to the school area to the north. The inclusion of the one- acre out parcel eliminates the need to jog the road at the entrance and allows the entire street to be double loaded with residential housing. Furthennore, it eliminates an enclave parcel that would have been difficult to re-develop in the future, and removes an additional access to Locust Grove. The proposed subdivision is consistent with the City of Meridian Comprehensive Plan Future Land Use Map as well as the Plan's supporting policies." Please see applicant's submittal letter for more infonnation. 5. PROCESS FACTS 6. LAND USE a. The subject application will in fact constitute an annexation and zoning as determined 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. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. Newspaper notifications published on: October 31 and November 14, 2005 (for Planning & Zoning Commission hearing) and February 6 and 20, 2006 (for City Council hearing). Radius notices mailed to properties within 300 feet on: October 21,2005 (for Planning & Zoning Commission hearing) and February 3, 2006 (for City Council hearing). Applicant posted notice on site by: November 7,2005 (for Planning & Zoning Commission hearing) and February 18, 2006 (for City Council hearing). b. c. d. e. a. Existing Land Use(s): Rural residential with one existing home. b. Description of Character of Surrounding Area: Rural residential, rapidly transitioning to urban densities. c. Adjacent Land Use and Zoning Reserve Subdivision Revised3 AZ-05-050, PP-O5-051 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 1. North: 2. East: School, zoned R-4 Rural residential, Dunwoody Subdivision, zoned RUT 3. South: 4. West: Rural residential, zoned RUT Vacant S-acre parcel, zoned RUT; Approved Arcadia Subdivision, zoned R-8 d. History of Previous Actions: The co-owner of the subject property, Mr. Jake Centers, also developed Arcadia Subdivision, west of the subject properties. After receiving approval for Arcadia, Mr. Centers bought the nine acres just to the east. The nine acres that Mr. Centers bought in October of 2004 is comprised of two parcels. Parcel A, the western parcel, is approximately five acres and Parcel B, the eastern parcel, is approximately four acres. Mr. Centers told staffthat he intended to construct his personal residence on the western portion of Parcel A and therefore did not want to extend Hidden Path Street. As mentioned in the Summary Description above, in the spring of this year cs Development submitted three applications (AZ-O5-004, PP-OS-006, V AR-05-005). The applications requested an R-4 zone for 22 single-family lots on 9 acres (the variance request was for the cul-de-sac length). The proposed subdivision did not include connecting the public street from Locust Grove Road to Jericho Road. Instead the applicant proposed a long cul-de-sac street (Hidden Path). Staff recommended approval of the project, with a condition that Hidden Path Street be extended to connect with Jericho Road to the west. Planning Department staff (Anna Canning and Craig Hood) attended the ACHD hearing and specifically requested that the District require the street extension as well. After the Ada County Highway District and the City required the street connection, the applicant withdrew those applications. After withdrawing AZ-OS-OO4, PP-05-006 and V AR-OS-OO5, Mr. Centers subsequently deeded the five-acre, Parcel A to Not 4 Sale, LLC, and did not include it within the boundaries of the second AZ & PP applications (AZ-05-035 & PP-O5-034)(Jake Centers is a registered agent of Not 4 Sale, LLC). Mr. Centers then submitted applications to develop eight buildable lots on the four acres that he continued to own in his name (Parcel B). Shortly after AZ-OS-035 and PP-05-034 were submitted, the property owners directly north showed interest in partnering with Mr. Centers on developing their one-acre parcel. Mr. Centers withdrew those applications (AZ-05-03S and PP-O5-034) and is now proposing to develop the four-acre parcel, Parcel B that he owns and the one-acre parcel that GO Properties owns together. Since the last submittal for development, Mr. Centers (via Not 4 Sale, LLC) has deeded the five-acre, Parcel A to James Luchini. The five acres that Mr. Luchini currently owns is not included within the subject applications. Both the City of Meridian Planning Department and Ada County Highway District staff made it clear that an extension of Jericho Road was necessary within Arcadia Subdivision so that a street could be extended to Locust Grove Road through the subject property. City staff has infonned Mr. Centers several times that a connection to Locust Grove Road, from Jericho Road, is in the best interest of the City. Staff believes that the applicant has sold the five-acres to the west because he does not want Commander Street (previously Hidden Path Street) to connect with Jericho Road. Staff believes that development of the subject site is not in the City's best interest if a vehicular connection to Jericho Road is not provided. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: There are sewer mains located in Locust Grove. Reserve Subdivision Revised3 AZ-O5-050, PP-05-051 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF FEBRUARY 28,2006 Location of water: There are water mains located in Locust Grove. None. Issues or concerns: 2. Vegetation: property. 3. Floodplain: NA 4. CanalslDitches Irrigation: All irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities that intersect, cross or lie adjacent and contiguous to an area being subdivided shall be tiled (UDC ll-3A-6). 5. Hazards: Staff finds that there should not be any health, safety or environmental problems associated with this subdivision that should be brought to the Councilor Commission's attention; no hazardous natural features have been identified on the site. 6. Proposed Zoning: R-4 7. Size of Property: 5.0 acres 8. Description of Proposed Use: f. Subdivision Plat Infonnation There are some mature trees along the south property line of the Single-Family 1. Residential Lots: 12 2. Non-residential Lots: 3. Total Building Lots: 0 12 4. Common Lots: 5 5. Other Lots: 6. Total Lots: 0 17 7. Gross Density: 2.4 units per acre g. Landscaping 1. Width of street buffer(s): A 35-foot wide street buffer is required along Locust Grove Road, an entryway corridor (UDC 11-2A-4). The applicant is proposing a 35- foot wide landscape lot adjacent to Locust Grove Road. The applicant is proposing to construct 8-foot wide planter strips between the sidewalk and the curb of the internal roadways. 2. Width ofbuffer(s) between land uses: NA 3. Percentage of site as open space: The applicant states that 11.8% of the site will be open space. h. Proposed and Required Residential Standards: Setbacks Proposed R-4 Front Living Area Side Accessed Garage Front Accessed Garage Street side Side 15 15 20 15 5 Required 15 15 20 15 5 Reserve Subdivision Revised3 AZ-O5-050, PP-O5-051 PAGES CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 Rear Frontage* 15 80 10,000 15 60 8,000 Lot Size * There are two lots, Lot 2, Block 1, and Lot 2, Block 2, that only have 30 feet of public street ITontage. UDC 11-2A-3.B allows flag properties to have a minimum of 30-feet of frontage. i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): A new public street from Locust Grove Road, Commander Street, is proposed to provide the only access to the site. The applicant is proposing to extend Commander Street to the undeveloped five-acre property to the west (currently owned by Luchini). The applicant is also proposing a stub street (Sun Shimmer Avenue) to the undeveloped property to the south. 7. COMMENTS MEETING On October 28, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received ITom agencies and departments, staff finds that the required public services can be made available to accommodate the proposed development. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan calls for single-family homes at densities of three to eight dwelling units per acre on this site (see Page 95 ofthe Comprehensive Plan.) There are only 12 buildable lots proposed on the subject 5 acres. There is a maximum density of 4 dwelling units per acre allowed in the R-4 zone by the UDC; the proposed gross density of Reserve Subdivision is 2.4 dwelling units per acre. Without applying for a Comprehensive Plan Map Amendment, the Comprehensive Plan allows a one step change in density for residential areas. Staff finds that the proposed zoning designation, R-4, and density, 2.4 dwellings per acre, could be hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map if the Commission and Council allow the applicant to take one step-down in density for this project. Staff fmds the following 2002 Comprehensive Plan text policies to be applicable to this application (analysis is in italics below policy): Chapter VII, Goal Ill, Objective A, Action 1 - 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 services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . Reserve Subdivision Revised3 AZ-O5-050, PP-05-051 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 . The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . 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 walkwayfacilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The subject applications generally comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street cormections between subdivisions at regular intervals to enhance cormectivity and better traffic flow. The submitted preliminary plat does not propose a street connection with Jericho Road in Arcadia Subdivision. The applicant has not included the 5-acre parcel that abuts Arcadia within the subject applications. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to cormect to local roads and collectors in adjacent developments. There are few opportunities for an east-west connection to Locust Grove Road through this section. The applicant is not proposing a street connection to Jericho Road with this application. 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. Fencing has not been proposed for this project. 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 cormectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing a pedestrian connection to the school site to the north. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood cormectivity. Reserve Subdivision Revised3 AZ-0S-050, PP-05-051 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of fEBRUARY 28,2006 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 Locust Grove Road is proposed; direct lot access to Locust Grove Road should be prohibited. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. The existing residential properties to the south, east and west and the school 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~4 zone. Saguaro Canyon Subdivision obtained an R~4 zone; Arcadia Subdivision obtained an R-8 zone; and Westborough Subdivision obtained R-2, R-4, R-15 and L-O Zoning. The requested zoning designation contributes to the variety of residential zoning categories in this area and is consistent with the Comprehensive Plan designationfor this site. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: Meridian City Code 11-2A-2lists single-family detached dwellings as pennitted uses in the R-4 zoning district. b. Purpose Statement of Zone; R-4 Medium Low-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: The overall design of the proposed subdivision generally confonns to the standards listed in Title 11 of Meridian City Code. 10. ANALYSIS a. Analysis of Facts Leading to Recommendation 1. AZ Application: The Future Land Use Map designates this property 'medium density residential.' Without applying for a Comprehensive Plan Map Amendment, the Comprehensive Plan allows a one step change in density for residential areas. Staff finds that the proposed zoning designation, R-4, and density, 2.4 dwellings per acre, could be hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map lithe Commission and Council allow the applicant to take one step-down in density for this project. Further, a street connection to Jericho Road from Locust Grove Road is important in this location. The Commission and Council should evaluate whether allowing the subject annexation. without the adjacent 5 acre parcel. is in the best interest ofthe Reserve Subdivision Revised3 AZ-O5-050, PP-O5-051 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Of fEBRUARY 28,2006 Citv. 2. PP Application: Special Considerations: Open Space: The applicant has stated that the subdivision contains 11.8% of landscaped open space, meeting the 5% minimum required by Ordinance. The majority of this landscaping is passive in nature and provided in the proposed parkways between the detached sidewalks and the streets, and within landscape medians in the middle of the streets. The applicant has not proposed any large landscaped common lots for active use by the residents, and none are required by code. Temporary Vehicular Turnaround: The applicant is proposing a temporary turnaround easement for Commander Street. The turnaround is within Lot 2, Block 3. The Fire Department and Sanitary Services Company have concerns with vehicles parking within this turnaround easement and cars parking along Commander Street, restricting the ability of vehicles to turn around. Driveways for Lots 5 and 7. Block 1: Lot 1. Block 3: and Lot 5. Block 2: The applicant is proposing a roundabout at the intersection of Commander Street and Sun Shimmer Avenue. The Ada County Highway District does not allow driveways to be constructed adjacent to traffic circles or roundabouts. The applicant should restrict the driveways for Lots 5 and 7 of Block 1 and Lot 1 of Block 3 and Lot 5 of Block 2 from being constructed adjacent to the traffic circle. A note will be required on the final plat stating this access restriction. Fencim!: The applicant is not showing any fencing on any of the submitted plans. UDC 11-3A-7A7a requires developers to construct fencing adjacent to micro-paths, to distinguish common from private areas. Fencing adjacent to micro-paths is restricted to either a 6-foot open vision or 4-foot solid (UDC 11-3A-7A-7b). Further, the Police Department has concerns with visibility into the school site to the north. Anv fencing next to the school district property shall either be open-vision or shall not exceed four feet in height if solid fencin~ is used (see comments from the Police Department in Exhibit B below). The applicant should clarify. at the public hearing. how perimeter and micro-path fencing is going to be constructed in and around this development. At the January 19.2006. oublic heann!!: the aoolicant volunteered to construct a 6-foot tall chain- link fence alone: the north orooerty line: a 6-foot tall cedar fence around the rest of the oerimeter: and. to construct tendn!!: adjacent to the micro-oath that coIDolies with the UDC. Existing ResidencesIBuildings: The site currently contains multiple buildings. These buildings are not shown on the preliminary plat, as required. The applicant should modify the submitted preliminary plat by depicting all existing structures. If the existing home does not meet the building setback requirements of the R-4 zone, it should be removed prior to signature of a final plat by the City Engineer. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: October 7,2005) Reserve Subdivision Revised3 AZ-O5-050, PP-OS-0S1 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 2. Landscape Plan (dated: January 10, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Unified Development Code Reserve Subdivision Revised3 AZ-O5-050, PP-05-051 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 A. Drawings 1. Preliminary Plat (dated: October 7,2005) ""-1(-';:)"" ~ - ""-":.~':.~,;~~~:-,:,:::':.~,:': .'.:::~..~.~S. "'~~.._;. ..- -.-'-~--~ jb"."~£:'r?7-:'\,,"Cj~___~cn- ~ r:-ì ".."e3.!-"=:3'::H~0f, '. '¡[-::: :-::'-'_:"J~,:~ ;"l:' ~ ~~~~ r;,;:Jl",~ ..lV'l... """"N'"""""" ~ nt-:.. n.., .._-,-, .... .... ,--....,.'-- ..,_.... un ~ ("'H", , 'f t ~ ~ pi =¡ :111 . ¡--;:' !-,_~..i' "f"';\V"::1:..J ""- -=- r' ! t t I'" ! ! , "...' 1¡1~1,1'1.I f'fi!¡!¡r!ll\1 ~ --+--<..1 ~. -,J t J II H In " Iflt it h n n j d Ii Í! Ii ¡ . 5 ~ I, ,II; i"l . " '" "',' 1 I, ' : I ¡ , --' " , ., -" . r 1 i 11:1 !; u" , I :' I- i ~IU~¡ Q.>g f'"ð ~æ"~ :ilt~/ t'~ i~ II. ~ . L .~-" Exhibit A - Page 2 ( 9 ~ ~ -i,l-'- 1- fiì ~. i' . :ì . " . 1 I; ~ ð ~ !h '; f f;,. < ¡ a ~ ~ I IiI 'I" ,:' ! \ , '".j ,I i~! ' "'t, , i¡ r i! 0 " 3 ~ I~ i¡ -i~"~ R J~,M ,i;~ 111,1; ,~'i~ IU1'¡~ - ,-. ~' .~, '-", '0 n l' '. Ë 5 ! I;ši: ¡! i, ! J ,:11 ,i;' 'I 'II! ~!. I~ . fr!J jii i! - ,,/ '" 'ut t', r'" il;1 !I! II I I'" I.. ,I f !.¡.¡ I ¡ )' Ii iM !I!¡ !'=;í ßi¡ :hr !In il~!~ !II'¡ ~:i !I '!r~~ in: I"" :h~l~ ~íl ~~ j ~i itll !~!,! ,Iì~ :!§ r! zU!! II¡~ .!.;; 'J~! !!: I,; "'II'¡I¡,I""pi'Î! Id :fd ~,i-,j li!!I! ~;; i :1 'h ¡I' 1¡ ~"¡i; , ~".J I ,'r' /.., 'i '. h ~Î ""-,, /,- I' '~- "~"I~' I ,.I -, ,:, ê' 1';¡', I~-it~¡ '3 ;1; ;; Jlil'r"'¡"¡"il"'" .' <'II'llj!¡!'¡'ë!!)j'!jiN!¡ h "It; l'I',Il!!1 j Ii -11 Ci 'I: '¡ Ib' ,.r, 'I~' ¡.,,-: , ,", ii' ,'" :: - ^ 1: ..""., -, - u CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 2. Landscape Plan (dated: January 10,2005) ;. ~ic~~t~?[~~~~í., "':~~~ËC:'~'\~I -.~= ==~ I ! -I I_I !I" ~!.- J~; I ( i '. ~ ".. d, I II: ~ t _, - ;11 ì! I H ~ ~ 13 ',: ¡ ;¡ ¡'[~¡..' - ¡d 'I irlil'i H."LI, '. ';fl!!!.q!~lm,t I ti~ , III ¡ II'd,~ ~ 21M 1'1 . ~ . Ii I i nl Iii I¡! d I h /I ,n ;q:n¡tHi! ¡ ,- 'on ~;p~¡ ¡ I /IIHI¡;ti'!¡ I " "III!J.~- ~! I -- Ii ~ ,,¡ I IIi ., - ¡ W ,~ ni - In , n ~.I~~;~~:~:~¡!. ~ j i ~! -"--Y---¡:I--¡-- fro, !¡,,_:,- -I"~'. . I --¡.J ~ 1111 ¡Ii! - i ~ "",'"' I.!..., . , - -- -_J - ------------.. -------------..-- .--- -~:-:---'--------::-:::~--,,-- "-----,.------.,,--...,,--_... Exhibit A - Page 2 / L,.._,._Li: z ,~j ~ II ,/ ", ,/ I ' I .- I : ,i r --------,,-------... ...-----...------- ----""---,---- ..._-------,--..""". --- ..------..------------.. - ---...---.....". ..----------"".'-..--..---- -----'-""'-'-"- m___"..."..---------------,,-- CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-05-051) 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 The preliminary plat labeled as P-l.O, prepared by Roylance and Associates, dated October 7, 2005 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-05-050) application shall also be considered conditions of the Preliminary Plat (PP-05-051). Place a note on the face ofthe final plat stating that driveways for Lots 5 and 7, Block 1, and Lot 1, Block 3, and Lot 5, Block 2, are prohibited from being constructed adjacent to the traffic circle at the intersection of Commander Street and Sun Shimmer Avenue. The landscape plan prepared by Good Earth Landscape, on 1-10-05, labeled Sheet Ll.1 is approved with the following modifications/notes: . Per UDC 11-3G-3A, set aside 11.6% (0.58 acres) of the site for useable open space, as proposed. . Provide a micro pathway to the school site to the north, as proposed. Per UDC 11-3B-12C, construct a 5-foot wide landscape strip on both sides of a micro pathway with at least 1 deciduous tree being planted every 35 linear feet on both sides of the pathway. . Per UDC 11-3G-3El, install at least one deciduous shade tree per every 8,000 square feet of common open space area, and install lawn, either seed or sod. . Per UDC 11-3B-IO, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Submit a copy of said plan, if required by the Parks Department, with the final plat application. . 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 occupancy of any buildings. 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 fmal plat application(s). Prior to signature of the final plat by the City Engineer, any building that spans across proposed lot lines, or does not meet the setback requirements of the R-4 zone shall be removed from this site or relocated in compliance with City Code. Construct fencing that comolies with the UDC adjacent to the micro-pathway to the school site to the north. Construct a 6-foot taU chain-link fence alon!! the north orooertv line. Construct a 6-foot wood fence alon!! the east. west and south sides of the orooertv. A detailed fencing plan shall be submitted upon application of the final plat. If pennanent perimeter fencing is not provided before issuance of a building pennit, 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. Fencing adjacent to Lot 6, Block I, shall be Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 1.1.6 1.1.7 1.1.8 1.1.9 1.2 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 restricted to either 4-foot solid or 6-foot open vision. All fencing on the north side of Block 1 (next to the school district property) shall either be open-vision or shall not exceed four feet in height if solid fencing is used. The applicant saoeld darii'v, at the fJublie hear.ng, hO\v aerimøter and miero path [Meine is eoiae: to be eoastrnetød in and aroood this dð!,'@loamønt. Maintenance of all common areas shall be the responsibility of the Reserve Subdivision Home Owners' Association. Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, that intersect, cross or lie within 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. On the face of the final plat, place a temporary turnaround easement for Commander Street, west of Sun Shimmer Avenue, on Lot 2, Block 3. The face of the garage on Lot 2, Block 3, shall be located at least 20-feet south of the southern edge of the temporary turnaround easement. Install No Parking Signs on both sides of Commander Street adjacent to Lot 2, Block 3 and Lot 8, Block 1. Install a No Parking in Driveway Sign near the tenninus of the temporary turnaround. Coordinate the design of the temporary turnaround and No Parking Signs with the Meridian Fire Department (888-1234). Underground, pressurized irrigation must be provided to all lots within this development. GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-O5-051) 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 stonnwater 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 pennitted 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 stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-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 tenns of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B- 7. Exhibit B - Page 2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 2. Public Works Department 2.1 Sanitary sewer service to this site is being proposed via extension of mains located in N. Locust Grove. 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 forms 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 conformance of City of Meridian Public Works Departments Standard Specifications. Water service to this site is being proposed via extension of mains in N. Locust Grove Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHffiIT A) and an 81/2" x II" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. 2.2 An all weather access road built to City of Meridian standard specifications shall be built for operation and maintenance of the off-site water being proposed. No manholes or water valves shall be allowed in the landscape island associated with the roundabout. If mains are to be routed under the landscape island, no trees shall be allowed in it. The applicant has indicated Settlers Irrigation will own and operate the pressure irrigation system in this proposed development, evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). 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. Dedicate additional width to the Public Utilities, Drainage, and lITigation easement along all streets. There needs to be lO-feet offree and clear easement beyond the three and one half-feet of sidewalk that encroaches out of the right-of-way. All existing structures not meeting setbacks shall be removed prior to signature on the final plat by the City Engineer. If any of the existing houses are to remain as part of this development, the applicant shall be responsible for the payment of assessments and the actual hook-up to City of Meridian services. Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9~lA 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, Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF fEBRUARY 28, 2006 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 3.1 3.2 3.3 drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized iITigation, 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 Pennitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. All grading of the site shall be performed in conformance with MCC ll-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 fIfe 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 pennit from the Public Works Department prior to commencing installations. 3. Fire Department One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. Acceptance of the water supply for fIfe protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Final Approval ofthe fIfe hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing pennits. Exhibit B - Page 4 3.9 3.10 3.11 4.1 CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT fOR THE HEARING DATE OF FEBRUARY 28, 2006 e. f. g. h. Fire hydrants shall not have any vertical obstructions to outlets within 10'. Fire hydrants shall be place 18" above finish grade. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 No obstructions shall be allowed within the temporary turnaround easement for Commander Street, on Lot 2, Block 3. 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 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. 3.8 The proposed 12 lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 35 residents at build out. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) :ITom a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fIre hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). Emergency response routes and flre lanes shall not be allowed to have speed bwnps. Provide sÏ!roal!e "No Parking Fire Lane" adjacent to Lots 1. and 5-8, Block 1. Lots 1 and 5 (along: Commander Street). Block 2 and Lots 1 (along Commander Street) and 2. Block 3. 4. Police Department Any fencing next to the school district orooerty shall either be oven-vision or shall not exceed four feet in heil!ht if solid fencing is used. 5. Parks Department Exhibit B - Page 5 7.1.2 7.1.3 7.1.4 7.1.5 7.1.6 ....., CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 No parkin!! in turnaround for Commander Street. or across Commander Street. adjacent to Lot 8. Block 1. 7. Ada County Highway District Site Specific Conditions of Avvroval 7.1.1 The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located 2-feet within the new right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Locust Grove 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 minimum 5.foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Construct the new internal local street as a 33-foot street section with rolled curb, gutter, 8-foot landscape strips, and 4~foot detached concrete sidewalks, as proposed. Provide the District with an easement for the sidewalk that is proposed to be located outside of the right-of-way. Provide written approval from the fire department for the reduced street section. Construct Commander Street to intersect Locust Grove Road approximately 130-feet north of the south property line as proposed. Construct Commander Street as a stub street to the west property line, located 138-feet north of the south property line, as proposed. Install a sign at the tenninus of the street stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." Construct a stub street to the south property line (North Sun Shimmer Avenue), located 380-feet west of Locust Grove. Install a sign at the tenninus of the street stating, "TillS ROAD WILL BE EXTENDED IN THE FUTURE." Coordinate the design of the proposed traffic circle with District Traffic Services staff and provide written approval from the Meridian Fire Department. Restrict the driveway for Lots 5 and 7 of Block 1 and Lot 1 of Block 3 and Lot 5 of Block 2 from being constructed adjacent to the traffic circle. A note stating the access restrictions for these lots will be required on the final plat stating this access restriction. Exhibit B - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 7.1.7 7.1.8 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 Other than the access points that have specifically been approved with this application, direct lot access to Locust Grove Road is prohibited and shall be noted on the final plat. Comply with all Standard Conditions of Approval. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside ofthe 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 UIÙess approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 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 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. 7.2.12 No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confmnation of any change from the Ada County Highway District. Exhibit B - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 7.2.13 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. Exhibit B - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005 c. Legal Description Roylance & Associates P .A. t:::ngineers '. SurveYOffi . Landplanners 391 W. SlaleSlreet, Sufte E, Eagle, Idaho 83616 '---. Têtephone (208) 939-2824 Fax (208}'9:.J9"2B55 September 14, 200) Project No, 25R6 LegaJ DescripLi(11l CS Development, lJ..c Annexation Area 5.00 Acres A tract or land for annexation purposes located in the Southeast One Quarter of the !-ionbeast Om' Quarter of Section 30, Township 4 North, Range I Ea.'It. Boise Meridian, Ada County. Idaho. described IL~ follows: Commencing at II found brnss cap moiumwnting the N'orthe-.ast Comer of said Section 30, tknce foJlowing the easterly .line of said Section 30. South 00"]7'59" West a distance of 1328.39 teet to the POINT OF BEOINNlNG. Thence. following said c$terly line South 00°37'59" West II distance of 331 ,9!:t feet to a point; 1benœ leaving; said ca.orterly line North 89049'43" We..'It II distance of655.% feet to a point; Thenct: North [)(I°38'OO" East a distance of 332,1 0 feet to a point; Thence South 89°49ü6" East a distance of 655-96 feet to the POINT OF BEGINNING. The abuve-dt:scribed tract of land contains 5J)() acre.<;, more or 1M ¡. subject to all existing c.ascmcOt& and right.<;- of-way. R~I'R~~~L-- . BY. . , r; ¡) "un:. , ).. -, ruBI.IC ".\""N 1'1 "..(." n( Prepared By: ROYLANCE & ASSOCIATES PA 391 W. STATE STREET, surrs E EAGLE, IDAHO 83616 208-939-2824 208-939.2855 (FAX) X:'iPrnjccv;\C.en"'d\2:iUilAèmll1\i ",.gab'-'\1UJC:<alÌüJl ¡~þ;IIl d(...: _._...U_""-'_..~"..-....'.' u.. Exhibit C - Page 1 tTi ~ ~ [. NORìHEAST CORNER --- ~OO~ ~~¡~~ 20 1317,02 ~1F POINT Of COId"ENC'"ENT ~: 01 "'> It) . ~ II:] POINT Of 8EG1NNING~ F; I ~ g- ,/7 n --i -< 0 .." :::: t'fI ;< a :; z () I '"C ~ ~ ~ N . < . r~T JId~ œRNER ~~ . L . . . CAP UNREAO~~O ,. 3]°\' 'i 1J1U5'-+ - - - - ." 0 , . « NORìH 1/ - - SECTION 3Ò CORNER FOUND BRASS CAP BASIS OF BEARING. _589'51'18"[ - .J,63J.97' - E. CHINDEN BLVD 11 ~ r I~~ '" 0:1: ACRES l~ I- ~. r ~~ r>::;) --.li~ ~ r z J 655.96' - I r I EXISTING 25' I PRESCRIP1J1Æ ~ RIGHT-OF-WAY 1 "" r- >- Z Z z C'1 a t'fI "" ;.- ~ --i :::: t'fI z -I '" --i >- .." .." ~ I'T1 "" a ;.0 --i ." 0 ;.0 --i :c (TO e~~ ,"1--'0 ~'49'O6.E 655J(. -.!-o ",we Le(¡end 0- &. CALC'O P() NT I . FOUND 5/B INCH STEEL PIN ~I PROPERTY þf, ----.. 0 8 z. RIGHT-Or-WAY LINE 1 N';:¡;'4J"W b ~ 1"1 M!31:>JAN f>UBUC ,'o"J~~s D£f>t FOUND BRASS CAP 50 0 100 [ J ROYLANCE AND ASSOCIATES PA C5 DEVELOPMENT. LLC [r}gJoeer$ Sur~eyor~ londp'anners - 0 ^"-,~V ATIQN AREA 391 W St~t& Street Suit.. E EocJje Id~t¡o 83616 (Dt/'lJB -"I"~ !"hone (20S) 939-2824 r~~ (208) 939-2855 - :c I'T1 ;.- ;.0 Z C1 I;; ;.- --i ¡Tj a .." z 0 < I'T1 s:: ¡;¡, I'T1 " ~-~. SCAlE IN FŒT ..., '" 0 0 OJ> ,. \P'o~1.,\-:eo,....\2.6",,\úr"~'nç'\P'ol\?"I"~\i',.r~.Plot - 1NIJ5.O'¡. 9/1 ;12005 "n, '" M¡ I.(GT CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17. 2005 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~4. The 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; The Council finds that the proposed zoning map amendment complies with the established regulations and purpose statement of the R-4 zone. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. The Council relies on any oral or written testimony that may be provided when determining this finding. 3. 4. 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, The Council [rods that the proposed zoning map 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). For the reasons listed in the Staff Report for the hearinQ: date of Februarv 28. 2006 and the Annexation FindinQ:s above. the City Council finds that the proposed annexation is in the best interest of the Citv. 5. 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: Á. The plat is in conformance with the Comprehensive Plan; Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report and Annexation Finding #1 above. Exhibit D - Page 1 B. Public services are available or can be made available and are adequate to accommodate the proposed development; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17. 2005 Exhibit D ~ Page 2 C. Based on the comments received from the agencies and departments providing service to this property, the Council finds that all services are available or can be made available for the proposed development. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the ACHD's Five Year Work Program or Capital hnprovements Plan. There are no City of Meridian proj ects for sewer or water trunks planned for this area. All sewer and water extensions are planned to be developer driven on this property. The Council finds that the submitted preliminary plat is in general confonnance with the scheduled public improvements and the City's capital improvement program. There is public financial capability of supporting services for the proposed development; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fITe, police and school facilities and services. The Council fmds there will not be excessive additional requirements at public cost, and that the public is financially capable of supporting services for the proposed development. D. E. The development will not be detrimental to the public health, safety or general welfare; and The Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, the Council does not believe that the amount generated will be detrimental to the general welfare of the public. The Council finds that the proposed annexation and the development of this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The Council does not anticipate the proposed development will be detrimental to the public health, safety or general welfare. The development preserves significant natural, scenic or historic features. The Council is not aware of any significant natural, scenic or historic features associated with the development of this site. F.