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HomeMy WebLinkAboutWindham Place Subdivision AZ-05-053 PP-05-055 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED MAR 0 3 2006 ~it 0 eridian "1 -. Office œ'e;;dl~n ",;\ \ IlJ-.\HO .' \-" ß \~!:'~~'~'f~ I'_'-""'1!,._:'!'_,..rf.:~-"'-:-'" In the Matter of Annexation and Zoning (AZ) from RUT to R-8 and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 5.87 acres, by Eagle Springs investments, LLc. Case No(s).: AZ-05-053 and PP-05-055 For the City Council Hearing Date of: February 21, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 21,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 21,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 21,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 21,2006 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.O5-053 / PP-O5-055 - 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 21, 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 February 6,2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 21,2006 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 of the 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 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-053 / PP-O5-055 - PAGE 2 of 4 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 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 ofthe 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 21,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-053 / PP-O5-055 - PAGE 3 of 4 VOTED~ VOTED l tf fL VOTED~ VOTED 'if f'.t... By action of the City Council at its regular meeting held on the ~ 8~ F~(\YL. - ,2006. èJ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR T ¡ MX;,deWEERD \,11 .- IIIII \\\\..J Of MÐT~) lIt,." ATTEST' ,\\\ :.«,.' .... .",e¡~ /",~ . j-' Ò' "'Ôf\POlt1 h -~"'V ~ dL ~ ;; <'6 ~ Á .At- .Ja a.. ff~' ~ WIL~ t:;~~J-;(cfr/ ZLEJ~ Y<t, '¿ ¿. ~ § J ~"<;> ~~; 1G1: . .f ¿- """,:.. "'1 ~'t- ,~ Copy served upon: V Applicant ':"'/lflflc;oUNri '1\\'\\"" v Planning DepartmeritHn p\\\\ V Public Works Department \./" City Attorney By: .:-\.. - .~~~ ~ Office Dated: 3- <t '0 (p day of CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-053 / PP-O5-055 - PAGE 4 of 4 CITY OF MERIDfAN PLANNfNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 STAFF REPORT TO: FROM: Hearing Date: 2/21/2006 Mayor and City Council Josh Wilson, Associate City Planner City of Meridian Planning Department 208-884-5533 . AZ-05-053 M' ctGri;¡i ::n-:;\ I ID.\HU !f ,.~t. ¡l ~'.1.\" ~. -._"",<",,--,, "...~ ~--'i<~--"'-"""'.~"'~._' "~r;n SUBJECT: Windham Place Subdivision Annexation and Zoning of5.87 acres from RUT to R-8 . PP-05-055 Preliminary plat of 23 building lots and 3 other lots on 5.87 acres in a proposed R -8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Springs Investments, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of 23 building lots and 3 common/other lots on 5.87 acres. The application materials submitted incolTectlv states that the applicant is requesting 24 buildin¡z lots. The site is located east ofN. Meridian Road, and south of Ustick Road. This site culTently contains one existing residence with vacant land and accessory buildings. The site has not been previously platted. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 5, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Peter Harris ii. In opposition: None. 111. Commenting: None. IV. Staff presenting application: Josh Wilson v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Multi-use pathway along North Slough c. Key Commission Changes to Staff Recommendation: i. None. d. Outstanding Issue(s) for City Council: i. None- The applicant has submitted a revised preliminary plat and landscape plan which comply with the changes required by the staff report 3. PROPOSED MOTION (to be considered after the public hearing) Recommend Approval I move to approval File Numbers AZ-05-053 and AZ-05-055 as presented in the staff report for the hearing date of February 21, 2006 and the preliminary plat dated September 28, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Recommend Denial I move to deny File Numbers AZ-05-053 and AZ-05-055 as presented in the staff report for the hearing date of February 21, 2006 and the preliminary plat dated September 28, 2005 for the following reasons: (you should state specific reasons for denial.) Windham Place Subdivision AZ-O5-053, AZ-O5-055 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2640 N Meridian Road lEast ofN. Meridian Road, and south of Us tick Road b. Owner: Edward and Loretta Sweet 2640 N. Meridian Road Meridian, Idaho 83642 c. Applicant: Eagle Springs fuvestments, LLC 6951 N. Duncan Lane Boise, ill 83703 d. Representative: Teny Peugh, Idaho Survey Group e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting conCUITent approval for aIUlexation and zoning of the subject 5.87 acres to R-8 and preliminary plat approval of 23 buildable lots. The applicant is proposing 22 attached single-family lots and 1 detached single family lot. A gross density of 3.91 dwelling units per acre is proposed, with an average lot size of 4,952 square feet. Access to the development is proposed from Hawk Street form the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which will take access from Meridian Road to the west. 1. Date of preliminary plat (attached as Exhibit AI): February 6,2006 2. Date oflandscape plan (attached as Exhibit A2): February, 2006 h. Applicant's Statement/Justification (from the letter dated September 12, 2005): "The applicant intends to develop the property as a single-family infill subdivision with [23] buildable lots and 3 conunon lots. The applicant is proposing an overall density of [3.91] dwelling units per acre. With an R-8 density, the development would be compatible with the adjacent R-8 densities to the north, south, east, and west. A zone change is desirable because it will allow for infill development and the continued growth of the city and its existing services under the current 2005 Comprehensive Plan; the site is designated as Medium Density Residential. The proposed R-8 planned development would be in compliance with the intent of the City of Meridian Comprehensive Plan." 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as detemrined by City Ordinance. By reason ofthe provisions ofthe Meridian City Code Title 11, Chapter 5, Article A (Table II-SA-I), a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as detemrined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table II-SA-I), a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: January 30 and February 13, 2006 d. Radius notices mailed to properties within 300 feet on: January 27,2006 Windham Place Subdivision AZ-O5-053, AZ-O5-055 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 e. Applicant posted notice on site by: February 11, 2006 6. LAND USE a. Existing Land Use(s): Existing residence with accessory buildings and vacant land. b. Description of Character of Surrounding Area: The surrounding area, except for the parcel immediately to the south, has been developed as single family residences and very little vacant land remains in the general vicinity of the subject parce1. The parcel immediately to the south received preliminary plat approval for single family homes in October 2005 as Breinholt Subdivision. c. Adjacent Land Use and Zoning 1. North: Highgate Subdivision, zoned R-8. 2. East: Fothergill Pointe Subdivision, zoned R-8. 3. South: Vacant land recently approved as Breinholt Subdivision, zoned R-8. 4. West: Clearbrook Estates Subdivision, zoned R-4. d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works: (Michael Cole, Development Services Coordinator) Location of sewer: Mains in N. Larchmont being extended to tills site by the yet to be constructed Breinholt Subdivision. The City of Meridian does not guarantee the availability of sewer service in the time outlined in the UDC. Location of water: Water service to this site is being proposed via extension of mains in N. Larchmont Street and E. Hawk Street. Issues or concerns: None. 2. Vegetation: Existing mature trees around existing residence and canal 3. Flood plain: NA 4. Canals/Ditches Irrigation: The North Slough crosses the property. 5. Hazards: None known on property. 6. Proposed Zoning: R-8 7. Size of Property: 5.78 acres 8. Description of Use: Single-Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/ A 3. Total Building Lots: 23 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 Windham Place Subdivision AZ-O5-053, AZ-O5-055 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 8. Residential Area: 9. Gross Density: 5.78 acres 3.91 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Meridian Road 2. Width ofbuffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. 3. Percentage of site as open space (PP and PD applications): 14.4% h. Proposed and Required Residential Standards: per the R-8 zone and are as follows: Setbacks Proposed Required attached! detached attached! detached Front Street side (Garage) Street side (Living) Side 20 20 15 0/4 12 40/50 4060 / 5500 min. sq. feet 20 20 15 Rear Frontage 0/4 12 40/50 4000/5000 min. sq. ft. Lot Size Summary of Proposed Streets and!or Access: Access to the development is proposed ITom Hawk Street ITom the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which will take access from Meridian Road to the west. All internal streets are proposed as public. All sidewalks on Indian Rocks Court and Larchmont Avenue are five feet wide and are attached to the curb. For detailed Conditions of Approval on the public streets and access points to public streets, please see the attached Exhibit B. 7. COMMENTS MEETING 1. On November 10, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staffhas included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning designation. R-8. is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Densitv Residential. There is a maximum density of eight dwelling units per acre in the Comprehensive Plan; the proposed gross density of Windham Place Subdivision is 3.91 dwelling units per acre. Staff fmds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Require that development projects have planned for the provision of all public services (Chapter VII, Goal III, Objective A, Action 1) Windham Place Subdivision AZ-O5-053, AZ-O5-055 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Qffice. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The subject lands are currently serviced by the Meridian School District #2. This service will not change. The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. 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 (Chapter VII, Goal IV, Objective C, Action 10) . The subject property is designated Medium-Density Residential on the Future Land Use Map which ident!fies this area as an appropriate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.91 dwelling units per acre. . Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The street connections provided from Fothergill Pointe Subdivision and Breinholt Subdivision have been connected as planned (see ACHD report for details). This subdivision is one of the last infill developments in the near vicinity and is providing connections to all available stub streets. . Preserve, protect, enhance, and utilize our natural resources in Meridian and sUtTounding Windham Place Subdivision AZ-O5-053, AZ-O5-055 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2l!2006 . areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The North Slough crosses the subject property and has been preserved and a multi-use pathway has been located in accordance with the Comprehensive Plan. Wetlands, and alternate natural resources are absentfrom this site and the subjectproperty has designed the common/open space around preserving some open space for drainage management. Develop policies and incentives to encourage infill and contiguous development. (Chapter V Goal I Objective A Action 8) The applicant has requested similar density relative to the immediate vicinity and will be developing smaller lots with attached housing. The applicant has continued the plans for development and the proposal meets the agencies expectations with preservation of the waterway and connections to existing stub streets. . Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The anticipated products jor the site will be single family residences available to individual buyers who are seeking a medium-small lot closer to the urban center. . Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) The proposed density is similar to the surrounding developments and staff finds the design to be compatible with the existing neighborhood. Apply design and perfonnance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) . Staff does not foresee negative impact on surrounding development outside of the construction phase. The site has an existing residence which will remain and the size, number, and quality of the houses is similar in nature to the surrounding developments that the proposal should be indistinguishable upon build out. Attached products were used in the development of Highgate Subdivision along Meridian Road immediately north of the site. Staff finds that the proposed R ~8 zoning designation is hannonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2lists single family attached and detached homes as pennitted use in the R-8 zoning district. b. Purpose Statement of Zone: 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. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Windham Place Subdivision AZ.O5-053 , AZ-O5-055 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 1. AZIRZ Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential subdivision. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on October 6, 2005 by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape iaigation. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. PP Application: Attached Homes: The applicant has indicated to staff that all homes in the subdivision, with the exception of Lot 17, Block 1, will be attached single family homes. To meet the square footage requirements of the R-8 zone, the following lots must either have attached houses or shared driveways with garages that do not face the street: Lots 5, 7, 13-16, Block 1 and Lots 2-9, Block 2. Open Space Lots: The submitted preliminary should be revised to include the entire multi-use pathway in a common lot to be owned and maintained by the Homeowner's Association. Lot 2, Block 1 should be extended to the west parallel to the North Slough to contain the pathway and Lot 11, Block 1 should be extended to the west to encompass any land between the pathway and the southern boundary of the subdivision which is not included in Lot 2, Block 1. The applicant shall also revise Lot 2, Block 1 to connect to the cul-de-sac at the tenninus of Indian Rocks Court and provide a pedestrian connection to the multi-use pathway. Lot 1. Block 1: The submitted preliminary plat shows Lot 1, Block 1 as containing land on both the north and south sides of the North Slough with a proposed bridge for access to the south side. The applicant will be required to extend the multi-use pathway, which connects to Meridian Road and was required as part of Breinholt Subdivision and this path will be located on a portion of proposed Lot 1, Block 1. Staff fmds that the applicant should revise the preliminary plat to exclude the land south of the North Slough from Lot 1, Block 1, eliminate the proposed bridge, and include said land in the proposed common lot which contains the remainder of the pathway through the project. The applicant verbally indicated to staff that it is the desire of the existing homeowner to house horses on the rear portion of Lot 1, Block 1; however, livestock are not allowed within Meridian city limits. Windham Place Subdivision AZ-O5-053 , AZ-O5-055 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 Multi-Use Path: The applicant shall be required to extend the multi-use use pathway which was required as part of Breinholt Subdivision immediately to the south. The pathway shall be contained on a common lot to be owned and maintained by the Homeowner's Association and a blanket public access easement shall be placed on said lot. Landscape Buffer on Meridian Road: A 25-foot landscape buffer which contains at least 1 tree per 35 feet and complies with the requirements of UDC 11-3B- 7 is required along Meridian Road. The buffer shall be placed in an easement to benefit the Homeowner's Association. Fencing: The applicant is proposing to construct a six foot tall cedar solid fence at the top of bank on the south side of the North Slough. UDC 11~3A-6BI prohibits fencing along natural waterways which prevent access to the waterway. The North Slough is detennined to be a natural waterway, and fencing along it will not be allowed. Fences along the multiuse pathway and open space lots shall be limited to either 4- foot closed vision fencing or 6-foot open vision fencing per UDC 11-3A-7. This applies to Lots 4, 9, 10, and 12, Block I. A detailed fencing plan should be submitted upon application of the final plat. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7 Meridian Road Access: Per the ACHD conditions of approval, direct lot access to Meridian Road for Lot 1, Block 1 is approved subject to the following conditions: 1. The applicant shall construct a turnaround to prevent vehicles from backing onto Meridian Road and; 2. The drive shall be paved for at least 30 feet into the site to prevent tracking of gravel and debris onto Meridian Road. Accessory Structures: Lot I, Block I contains several existing accessory structures. Any structures which do not comply with the Unified Development Code shall be removed prior to Final Plat. Tree Mitigation: There are numerous large trees on this site and any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed (UDC 11-3B-1O). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. b. Staff Recommendation: Staff recommends approval of AZ-05-053 and AZ-05-055 for Windham Place Subdivision, based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: February 6,2006) 2. Landscape Plan (dated: February, 2006) B. Conditions of Approval 1. Planning Department Windham Place Subdivision AZ-O5-053, AZ-O5-055 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Windham Place Subdivision AZ-O5-053, AZ-O5-055 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 A. Drawings 1. Preliminary Plat (dated: February 6,2006) Iii H~IJ: ~ ~ I!!i m I~ill' III '!:~ Ifì !11'~i -U I u. 'I , ',1 II î! Ød~ ~¡~: , ":-{I~ I 11 ~Il Hj I!I' ..[~, i ~J ---__'~.ll,. I ~-p-,- -- ~ !! . I II! ! I Hif ' ¡í Hil'! ;G! - IH *,. iHII:S : I I;; '~I:IIU:: :1"f¡ i~ln,,¡ I !II I III'! ¡ 'ii I 11!1 ! II I dd ¡ !lIli~ KIll' iilJ~ Ili' !, ,I ! ~ !'!Iii I!!!il ¡Qiii hli - ~ . 5' . , Exhibit A .------------- ,-- -:'(I -:~ (t;, 1 ~- I ,~ filii ¡ !III! 11111" mm .,' -I ,IZ Zl '-jl 9! ;~, I i ~: ¡¡ ¡~¡IIII/I~¡!, .' ! I,' " I ,- I [I, I I' j , I ~ :, ;" ; I ;" t ¡ :~i¡~"¡ , : ,; J i ¡ HI 1m H ! ! i I i i- ---7 I; - 1-- ! fl', t' :- ~ .~ !! ~~ .-, ~' 'I ...... ,....-L.-"!, r. r---I 1 ...,. ---~>- I ' ----- r , --.._.."n_-- ----- i I '""'------, , i I II III-II' I ! -,-- I , ¡: : ~--.._- 0,", . dh-.,-,.,o ¡¡ 11""1' - ¡~ i IIiIUII1IHIIIII¡¡¡IIIIII!III!~11 ~J "..",..--.;.------., I ~ Ifill!! 'lpnnqpPII!illll ~. - ' I iji:I¡I!P'¡Pidllllilli ~ , ! Ii, J 1111 II , I . I ì . --- 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 2. Landscape Plan (dated: February, 2006) ~ ~ t ~ L Exhibit A ¡---..--'..' "-'---"'-------"--------""""'------.'.......----.-..--,......,------'-"""'-------"""----""------------"---"""""""------"----1 , ..----------:- -'.----u---..---- , """"""-"-"""'-------"-'.'---------,-----",---""----,,,---------,,- i ~-- [ H IIf: ~"ml ~ 'f ij [:J lf '11 ¡ ! f I' ; ~ ,¡qUI I !:: i ì,b~U iiii¡ii nìì Ii if I'IUJ~ ----,' 'ñ ., jij!1 J!~ jijf ¡,/~~ ~ . I f rill ~ij~'UWr -- , I J'i ì i! ¡HI j I w"HQ ì ~Ü1 ì i I ~ ¡'Ii." : ü; ! n n -. r .. p! ,r I - Ii ,," ¡ II "i " , n ~I ! 'I H þl I' 'j ~ì 'I . I ~ ¡~ ~<c :~~ .",~ s<trJ J~)j ':0 ~... < ~C'J ii. . :.... '~ ~(') 9 . -~ "'I!I Z II ~ 1'1 ¡;: Ia. I ~ ~~ ~ t . í t " I:' '0 ... TJ 1-- }. , n 81 : II c ILl ~ If! ~ iW } I,i / -- 't-<-"'I<€'HM{)H+ "A-vf.--- .---.." -- . (~) I (~) (~) ø ø (~-1(~j l ¿: O(K .' -- - - '--. -. n .-- . ""'. . 'Ou.' IJg lij """'_.,-"""".-...., -iir II' ~ ,--'-----'-:'---.-.. --m"""",__--------------------, --- ------,.,....___1 ----------".-------..--""""..,_.__.."-"..",--------------..,,,.. 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 B. Conditions of Approval 1. Planning Department 1.1 1.1.1 1.1.2 1.1.3 Exhibit B SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT The preliminary plat labeled as Sheet 1 prepared by Idaho Survey Group, dated September 28, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation and Zoning (AZ-05-053) application shall also be considered conditions ofthe Preliminary Plat (AZ-05-055). The applicant shall make the following revisions to the preliminary plat and submit it to the Planning Department no later than 10 days prior to the City CoWlcil hearing on the application: . Show building footprints which detail which lots are proposed for attached housing vs. detached housing. . Exclude the land south ofthe North Slough from Lot 1, Block 1, eliminate the proposed bridge, and include said land in the proposed common lot which contains the remainder of the pathway through the project. . Lot 2, Block 1 should be extended to the west parallel to the North Slough to contain the pathway and Lot 11, Block 1 should be extended to the west to encompass any land between the pathway and the southern boWldary of the subdivision which is not included in Lot 2, Block 1. . Revise Lot 2, Block 1 to connect to the cul-de-sac at the terminus of Indian Rocks Court and provide a pedestrian connection to the multi-use pathway. . A blanket public access easement shall be placed on Lot 2, Block 1 . A 25-foot landscape buffer easement along Meridian Road to benefit the Homeowner's Association shall be placed on Lot 1, Block 1. The applicant shall make the following changes to the landscape plan and submit it to the Planning Department no later than 10 days prior to the City Council hearing on the application: . Depict the required 25-foot landscape buffer along Meridian Road. . Show the entirety of the multi-use pathway through the project and all associated landscaping. . Correct the lot numbers and configurations to match the changes required on the preliminary plat. Show the required pedestrian connection from the terminus of E. Indian Rocks Court to the multi-use pathway. . 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 Any structures which do not comply with the Unified Development Code must be removed prior to signature by the City Engineer on the Final Plat for the property. This includes, but is not limited to, the existing outbuildings on the property. The applicant shall provide stub streets to the east and south as shown on the preliminary plat and per the ACHD Conditions of Approval. Maintenance of all common areas shall be the responsibility of the Windham Place Homeowners' Association. The applicant shall construct the multi-use pathway as shown on the preliminary plat. To meet the square footage requirements of the R-8 zone, the following lots must either have attached houses or shared driveways with garages that do not face the street: Lots 5, 7, 13-16, Block 1 and Lots 2-9, Block 2. A 25-foot landscape buffer which contains at least 1 tree per 35 feet and complies with the requirements ofUDC 11-3B-7 is required along Meridian Road. The buffer shall be placed in an easement to benefit the Homeowner's Association. The applicant is proposing to construct a six foot tall cedar solid fence at the top of bank on the south side of the North Slough. UDC ll-3A-6B1 prohibits fencing along natural watelWays which prevent access to the watelWay. The North Slough is determined to be a natural waterway, and fencing along it will not be allowed. Fences along the multiuse pathway and open space lots shall be limited to either 4-foot closed vision fencing or 6-foot open vision fencing per UDC 11-3A-7. This applies to Lots 4, 9, 10, and 12, Block 1. 1.1.12 Per the ACHD conditions of approval, direct lot access to Meridian Road for Lot 1, Block 1 is approved subject to the following conditions: 1. The applicant shall construct a turnaround to prevent vehicles from backing onto Meridian Road and; 2. The drive shall be paved for at least 30 feet into the site to prevent tracking of gravel and debris onto Meridian Road. 1.1.13 In accordance with Meridian City Code, no livestock shall be kept on the property. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.1.10 1.1.11 1.2.1 1.2.2 1.2.3 Exhibit B 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 stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3B-ll 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-11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards ofUDC 11-3B-11, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3B-6). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF 2/2l!2006 2. Public Works Department 2.1 Sewer service to this site is being proposed via extension of mains in N. Larchmont being extended to this site by the yet to be constructed Breinholt Subdivision. The City of Meridian does not guarantee the availability of sewer service in the time outlined in the UDc. The applicant shall install all mains necessary to provide service; 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. Larchmont Street and E. Hawk Street. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Applicant to executed standard forms of easements for any mains that are located out of the right-of-way. The submitted geotechnical soils report is for the Highgate Subdivision to the north. Prior to plan approval a letter from Strata that the soils report submitted is representative of this site or a new report shall be submitted from a geo-technical firm . The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. 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. 1.2.4 1.2.5 1.2.6 1.2.7 1.2.8 2.2 2.3 2.4 2.5 Exhibit B the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC ll-3B-6 and MCC 9-1-28. The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building peffiÚt. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC ll-3A-7. Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Nampa Meridian Irrigation District. 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. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B- 7. 3 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 2.6 If it is to be owned and maintained by an lITigation District then 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 11-3BM6). 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 that do not meet the applicable setback requirements shall be removed prior to signature on the final plat by the City Engineer. Graphically depict a 5-foot wide public utility, drainage, and irrigation easement adjacent to all interior lot lines not being spanned by an attached unit. The applicant shall be responsible for the payment of assessments and the actual physical connection to the existing house to the municipal services. 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. 2.7 2.8 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized iITigation 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 Permitting that may be required by the Anny Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. 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 ofthe 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 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2112006 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 1) 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. 2) Acceptance ofthe water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3) Final Approval of the 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. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4) The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5) Operational fIfe hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 6) The proposed 23-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 67 residents at build out. 7) All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. . 8) 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 fIfe 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). 4. Police Department 1. Any interior fencing on Lots 4, 9, 10, and 12, Block 1, shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. Exhibit B 5 Exhibit B CITY OF MERIDIAN PLANN]NG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2]/2006 5. Parks Department 1. Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 2. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted. before the city will assume the maintenance of any section of pathway. 3. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-1O will be followed. 4. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-1O will be followed. 6. Sanitary Service Company 6.1.1 SSC has no comments related to this application. 7. Ada County Highway District A. Site Specific Conditions of Approval 1. Utilize the existing 20-foot wide driveway that intersects Meridian Road approximately 20-feet north of the south property line IF: the applicant provides an on site turnaround and paves the driveway it full width of 20-feet into the site a minimum of 30-feet to eliminate gravel and debris being tracked onto the roadway. 2. Extend East Hawk Street from the east property line, as proposed. 3. Extend North Larchmont Avenue into the site from the south property line, as proposed. 4. Construct the internal streets as 36-foot street sections with rolled curb, gutter and 5-foot concrete sidewalks within 50-feet of right-of-way, as proposed. 5. Meridian Road is classified as a minor arterial roadway. Other than the access points that have been approved with this application, direct lot access to Meridian Road is prohibited. A note will be required on the final plat stating this access restriction. 6. Comply with all Standard Conditions of Approval. B. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. 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. 6 13. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 5. Comply with the District's Tree Planter Width Interim Policy. 6. 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. 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 ofIdaho shall prepare and certify all improvement plans. 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. 9. 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. 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 Impact Fee Ordinance. 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. 12. 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 ofthe property which is the subject ofthis 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. 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/2112006 C. Legal Description -- .- . IDAHO SURVEY GROUP HSO E3<t Watcrtower 51:. Suite 150 Meridian. Idahø 83642 ---~ .._--... "--------_._~---- "---..---------..-..- Phone (208) 846-8570 Fax (208) 884-5399 ----""~-----'-'- Project No. 05-182 Windham Place Subdivision September 28, 2005 A parcel ofland located in Government Lot 5 of Section 6,T.3N., RJE., B.M., Ada County, Idaho, more particularly described as follows: Commenciqg at the West 1/4 comer of said Section 6, flom which the Northwest comer of said Sections bears North 00°17' 16" East, 2658.29 feet; Thence North OO~I7' 16" East, 742.50 feet; Thence North 89°42'44" East, 25.00 feet to a point on the Eastright-of~way ofN. Meridian Road and the REAL POINT OF BEGINNING. Thence along said right.of -way North 00"17'16" East,..86.85 feet to the Southwest comer of Highgate Subdivision PhaSe I, as same is recorded in Book 90 of Plats at Page 10471, Ada Countyrecords; Thence along the South boundary of said subdivision Nonh 89°43 '38" East, 480.50 feet to an angle point on the southerly boundary ofHigbgate Subdivision Phase 2, as same is recorded in Book 90 of Plats at Page 10514, Ada CoUnty records; said point lying in the South Slough(Finoh Lateral); .. Thence along said slough and southeasterly boundary of $IUd. subdivision North 53°44 '51" East, 493.59 feet (of record as North 53°38" EaSt, 7.30 clraìns}i Thence North 35°30'12" East, 258.8lfeet (of record as North 45°13' East,3.80 chains); Thence North 89"43'38" East, 39.70 feet (of record as East 0.651iIiks) to the Northeast corner of said Government Lot 5, coMm9n tö the No~west cotner of Fothergíl1 Pointe Subdivision No.3, as same is recorded in Book n of Plats at Page 7555, Ada County records; TheJ;lce along the Westbòund8ry of said subdivision an4 a westerly boundary of Fothergill Subdivision No.1, as Battle isl"eCdrded in Book 65 òfPtIUs at Page 6639, Ada County records, South ODD) 9.53" West, 701. 74 feet (record 10.64 chains); Thence North 66°46'31" West, 36.90 feet (record North 66°47'10" West, 37.03 feet) to the most northerly corner of Lot 4, Block 5 of said Fothergill Subdivision No. I; Thence departing said subdivision boundaty North 67°22'40" West, 181.20 feet (record of previous two calls North 66°57' West, r25 elJaim); Professional Land Surveyor's Exhibit C 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 Thence North 88°12'59" West, 812.77 feet; Thence North 89°42'44" West, 51.38 feet to the Point ofBegirUli~g. Containing 5.87 acres, more or less. D. Terry Pçugh,PLS Exhibit C 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 D. Required Findings from Zoning Ordinance 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: I. 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. City 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; City Council finds that single-family residential uses are allowed within the requested zoning district of R-8. Medium Density Residential pennits the establishment of residential uses and is designed to protect the integrity of residential development by prohibiting the intrusion of incompatible nonresidential uses. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. The map amendment shall not be materially detrimental to the public health, safety, and welfare; 3. 4. City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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, City Council finds 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. 5. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The R.8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, attached single family housing products are located in Highgate Subdivision. City Council fmds 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. Subdivisions of medium density have already been approved for development to the south and this is a logical expansion of the City limits for an infill project. In accordance with the findings listed above, City Council finds that annexation and zonin!! ofthis property would be in the best interest ofthe City. 2. Preliminary Plat Findings: Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 2/21/2006 Exhibit D In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; 2. City Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The proposed density of 3.91 dwelling units per acre (gross) is in the recommended dwelling units per acre for the comprehensive designation. Staff supports the proposed layout as a practical solution to address the constraints of infill development which has design criteria dictated by previous developments. Please see Item 8 above. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council fmds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation and Zoning Analysis for more detail.) 3. 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, City 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. City Council 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 and Zoning Analysis above, and the Agency Comments and Conditions at the end ofthis report for more detail.) The development will not be detrimental to the public health, safety or general welfare; and 6. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis.. The development preserves significant natural, scenic or historic features. There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions.