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HomeMy WebLinkAboutSolitude Subdivision AZ-06-007 PP-06-006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED APR 1 2 2006 ~.;3~:' ctC/ri d /;;J; ~ \~ .. - JLI.UI<J )~ "" ,,' ~tr,¿\> ' ,,--/ '-;~¥"" - '..~>-~,_.. j -'--'~~.~~..-- '"j:¡;! In the Matter of Annexation and Zoning of 38.5 acres from RUT (Ada County) to R-8 (Medium-Density Residential) AND Preliminary Plat approval of 225 single-family residential building lots and 9 common lots on 59.88 acres, for Solitude Subdivision, by Providence Development Group, LLC. Case No(s).: REVISED AZ-06-007 and PP-06-006 For the City Council Hearing Date of: April 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 11, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 11, 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-O6-007! PP-O6-006 - PAGE 1 of4 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 April II, 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 by Engineering Solutions dated January 13, 2006 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 April 11, 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 of the 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 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 oftime to record the final plat not to CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O6-007! PP-O6-006 - PAGE 2 of 4 exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use 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 April 11, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O6-007! PP-O6-006 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the ~, 2006. I\~ day of COUNCIL MEMBER SHAUN WARDLE VOTED~ COUNCIL MEMBER JOE BORTON VOTED I >f Cl.- VOTED ~ Q. VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYORTAMMYdeWEERD VOTED -- ATTEST: YdeWEERD " "" "... ~% L~L'-: ";~".) "" 8::: WILLIAM G. BERG, J ., CI Y (;1-- u.~h 1~;1í . ~ô .j.> j:~ "'... - ~- .<..""t' " "A - 1 r\r.. 'IiY ...' ;1""1 "'UUN1"Í , . "\\,, v"" 111 \\' . IIIIII ¡ n\\\\ Copy served upon: ApplIcant / I ::;: Flanning Department ~þblic Works Department ~ City Attorney B~i\.U,Ù Dated: +. ll. Dl¡¡ 1 Y Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O6-007! PP-O6-006 - PAGE 4 of4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 STAFF REPORT TO: FROM: Hearing Date: April 1 1, 2006 Meridian City Council Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 c«'e ri dl~ " ~ I. . UJ.\HO )~ \~ . '~.-.\> .-/" '<'!-1.~, I"!..;~_~,,~':'!!'~'" "'m! SUBJECT: Solitude Subdivision . AZ-06-007 Annexation and Zoning of 59.88 acres from RUT to R-8 zone . PP.06-006 Preliminary Plat of 225 single family building lots and 16 common lots on 59.88 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Becky McKay, has applied for Annexation and Zoning (AZ) of 59.88 acres from RUT (Ada County) to R-8 (Medium-Density Residential) and Preliminary Plat approval of225 single family residential lots and 9 common lots on 59.88 acres. The site is located east ofN. Meridian Road, and south of McMillan Road. 2. SUMMARY RECOMMENDATION The Meridian Planning and Zoning Commission heard the item on March 2, 2006. At the March 2, 2006 public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Becky McKay (applicant's representative) ii. In opposition: None. jji. Commenting: None. iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. Constructing sidewalk along McMillan Road and Meridian Road with the first phase of the development. c. Key Commission Changes to Staff Recommendation: i. Addition of Development agreement standards for sidewalk along Meridian Road along the out parcel. d. Outstanding Issue(s) for City Council: i. None. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. The Planning & Zoning Commission is recommending approval of the proposed Solitude Subdivision (AZ-06.007 and PP-06-006). At the February 1 4, 2006 Citv Council meeting, the Council voted 3-1 to approve Ambercreek Subdivision which lies adjacent to the property on the west side of Meridian Road, with the same provisions for a Development Agreement as listed in the Staff Report. NOTE: Staff has modified the DA provisions to Solitude Subdivision AZ-06-007, PP-06-006 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 include the lamruage regarding the applicant's willingness to construct a pedestrian pathway along McMillan Road to the Meridian Road intersection (see Section 10.10fthe Staff Report). Staff recommended approval of AZ-06-007 and PP-06-006 for Solitude Subdivision as presented in the staff report for the Planning Commission hearing date of March 2, 2006 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. Staff has prepared [IDdings consistent with the Planning Commissions recommendation. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-007/PP-06-006 as presented in the staff report for the hearing date of April 6, 2006, and the preliminary plat labeled PP-1, dated January 19, 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06- 007/PP-06-006 as presented in the staff report for the hearing date of April 6, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Recommend Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-06-007/PP-O6-006 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: East of Meridian Road, and south of McMillian WII2, Section 31, T4N R1E b. Owners: Steiner Development, LLC 554 E. Bellvue Road, Ste8 Atwater Ca 95301 c. Applicant: Providence Development Group, LLC 701 S. Allen Street Meridian Id 83642 d. Representative: Becky McKay, Engineering Solutions e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: Solitude Subdivision AZ-06.007, PP-06-006 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 1. Date of Preliminary Plat (attached as Exhibit AI): January 13, 2006 2. Date of Landscape Plan (attached as Exhibit A2): January 13, 2006 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: Council- March 20, 2006 and April 3, 2006 Planning Commission. February 13, 2006 and February 27,2006 d. Radius notices mailed to properties within 300 feet on: Council - March 31, 2006 e. Planning Commission - February 3,2006 Applicant posted notice on site by: February 18, 2006 6. LAND USE a. Existing Land Use(s): Vacant agricultural land b. Description of Character of Surrounding Area: The area is presently mostly agricultural land with rural residences, however the recent approvals of Amber Creek Subdivision to the west and the building Burney Glen Subdivision to the south will drastically change the character of the area to that of a residential neighborhood. c. Adjacent Land Use and Zoning 1. North: Ventana Subdivision, Meridian School district site, R-4 2. East: Cobre Basin Subdivision zoned R-4. 3. South: Burney Glen Subdivision zoned R-8. 4. West: Approved Amber Creek Subdivision, zoned R-8. d. History of Previous Actions: None. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Sewer is located in N. Meridian Road on the south side of this project. Location of water: There is water stubbed from Cobre Basin and Burney Glenn Subdivisions as well as installed on all frontage roads. Issues or concerns: Conceptual sewer plans are not allowing for taking the Cobre Basin lift station off-line. The applicant is working with Public works to address these concerns. 2. Vegetation: Agricultural Solitude Subdivision AZ-06-007, PP-06-006 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprill!, 2006 3. Flood plain: NA 4. Canals/Ditches Irrigation: Lemp Canal- Settlers Irrigation District 5. Hazards: None known. 6. Proposed Zoning: R-8 7. Size of Property: 59.88 acres f. Subdivision Plat Information 1. Residential Lots: 225 2. Non-residential Lots: 0 3. Total Building Lots: 225 4. Common Lots: 5. Other Lots: N/A 16 6. Total Lots: 241 7. Residential Area: 59.88 acres 8. Gross Density: 3.8 units per acre (5.0 net density) g. Landscaping 1. Width of street buffer(s): 40 feet on Meridian Road, 40 feet on McMillan Road 20 feet on Donavan Ave and White Sands Ave (proposed Collector Streets) Street buffers are not required on any internal, local streets. 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 2.99 acres or 7.4% 4. Other landscaping standards: The Starkey Lateral requires tiling as shown, landscaping shall be designed to Settlers Irrigation standards. h. Proposed and Required Non-Residential Setbacks: per the R-8 zone for detached single family R-8 Standard Front (Living area) Front (Garage) Side Rear 15 feet 20 feet 4 feet 12 feet Max. Building Height Min. Lot Size 35 feet 5,000 square feet Min. Street Frontage 50 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be from N. Meridian Road to White Sands Ave and from McMillan to N. Donavan Avenue. The applicant will be required to connect to the approved stub from Cobre Basin Subdivision to the east as shown and Burney Glen Subdivision to the South as shown. ACHD has not reviewed the traffic report and conditions of approval will be added when available. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 7. COMMENTS MEETING On February 10, 2006 Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 225 single-family lots on 59.88 acres for a gross density of 3.8 dwelling units/acre. Staff finds that the overall density is within the range of a medium density project. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): . Chapter VII, Goal III, Objective A, Action I - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City 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. . 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 sujjèr 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 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend three stub streets from Cobre Basin Subdivision (Red Rock, Havasu Falls. and Havasupai Street) and the applicant will be required to connect to the stub streetfrom Burney Glen Subdivision to the south, which is in compliance with the conditions of approval from A CHD. Solitude Subdivision AZ-06-007, PP-06-006 PAGES CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 . Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportuIÚties to connect to local roads and collectors in adjacent developments. See analysis above. . Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. The applicant has proposed one curb cut on N Meridian Roadfor White Sands Avenue, and one curb cut from McMillan Road for N Donavan Avenue which was approved by ACHD and is supported by staff . Chapter VII, Goal IV, Objective C, Action I - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the proposed single-family residential properties to the south and east, and the existing residential properties to the west will be 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, condomiIÚums, etc.) for the purpose of providing the City with a range of affordable housing opportuIÚties. The subject application includes a request for the R-8 zone. Cobre Basin Subdivision to the east obtained R-4 zoning and Burney Glen Subdivision to the south obtained R-8 zoning. Staff finds that the requested zoning designation contributes to the variety of residential zoning categories in this area and is generally consistent with the Comprehensive Plan designation for this site. Staff believes that the proposed density (3.8 d.u./acre) and zoning (R-8) for this property is appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single family detached homes as a Pennitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose ofthe residential districts is to provide for a range of housing opportuIÚties 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 dweUing units per acre and corresponding housing types that can be accommodated within the density range. c. 11-3G~1: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. Solitude Subdivision AZ-06-007, PP-06-006 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April11, 2006 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single family development. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (prepared on January 12, 2006 by Terry Puegh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 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. 1.5 UDC 11-5B-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the location of the out parcel and the reQuired off site improvements. staff believes that a Development Agreement is necessary to ensure that this propertv is developed in a fashion that is consistent with the comprehensive plan desÜroation and does not negatively impact nearby properties. lfthe Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. The Council and Commission required the Development Agreement include the following provision: "That the applicant has voluntarilv alUees to construct a pedestrian pathwav along Meridian Road in front of the 5-acre out-parcel. A pedestrian pathwav along Meridian Road that extends the entire length of the western subdivision boundary (including the 5-acre out- parcel) shall be installed prior to occupancv of any new dwellinf! units on this propertv." PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed residential development. Please see Exhibit D for detailed analysis of facts and findings. 1. Phasinf!: The applicant is proposing three phases of this development starting at the south and east comers where sewer services are currently available. Phase 1 will include Solitude Subdivision AZ-06-007, PP-06-006 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 connections to Burney Glen Subdivision and the road connection to Meridian Road. Phase 2 will include the bulk of the amenities and the open space lot with two connections to Cobre Basin Subdivision. Phase 3 will connect the development to McMillan Road and the final connection to Cobre basin Subdivision. 2. Amenities: UDC 11-3G requires residential developments to provide one amenity per 20 acres as part of each plat. The proposed amenities for the subject development include: recreational amenities of a tot lot and gazebo. The proposed open space is shown to make up 7.4% of the site; an additional 5% minimum is required to qualify as an amenity. 2.a Common Open Space: is shown by the applicant as Lot 1 Block 9, Lot 1 Block 14, Lot 12 Block 10, Lots 24 Block 6. All other landscape lots are required buffers. . Lot 1 Block 9 and Lot 1 Block 14 are the main open space lots of2.74 acres and 1.457 acres common open space Lot 12 Block 10 and Lot 24 Block 6 are active use lots of 7,115 square feet common open space . The total qualified open space is 189,936 sq/ft which is 7.4% qualified open space. 2.b Qualified Site Amenities: Quality of Life Amenity: Picnic Area - Gazebo Recreation Amenities: Tot Lot/children's play structures Pedestrian or bicycle circulation system amenities: Pathway connections to adjacent open spaces 3. Stub Streets: The preliminary plat shows a public street connection to the stub streets in the adjacent subdivisions as required. The applicant has also provided two stub streets for the unplatted parcel which contains multiple structures and is left as an enclave. 4. Variance for Block Length: The applieaflt Bas Bot sl:1bmittod a Variaaeø applieatioB for HavasUfJi £treet. Bloek leflgths shall Ret 8J(eeed 750 foot withol:lt a pedestriaR eoilli.oetion, alley, or pablie stroot intørsøetiefl. The applieant's soomission does not address too 1910ek lelTgth of 787 roet SRe'¡:a for Havasupai Street. Staff '.vol:lld røeOR11'flØn8 the applieaHt add a ~e8estrian eonneetiofl thTOl:lgR Bloeks 9, 13, and 11 to eeHÐ.øet Kaibab Trail S:treøt to Lot 1 Bloek 9 tHis 8e8i~ shO1:l1d be amOf.Uie8 ~rior to the City Col:lfleil boariag. The applicant has added a common lot to address any block length concerns. 5. Pressure Irrilzation: The City of Meridian requires that pressurized iITigation systems be supplied by a year-round source of water (UDC 11-3A-15). 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, 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 11-3A-15 and MCC 9-1-28. 6. Fencing: The applicant has not submitted a detailed fencing plan (no fencing indicated on the landscape plan dated January 13, 2006) with the preliminary plat application for the subdivision. Any perimeter fencing must be completed prior to issuance of building Solitude Subdivision AZ-06-007, PP-06-006 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April11, 2006 pennits. 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. A detailed fencing plan in accordance to 1I-3A- 7 shall be submitted prior to the final plat. 7. Common Areas: Maintenance of all common areas shall be the responsibility of the Solitude Home Owners' Association. 8. Ditches. Laterals. and Canals: Per UDC II-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. 9. Sidewalks: The applicant shall revise the landscape plan to show sidewalk connections at the intersections of Meridian and McMillan Roads. b. Staff Recommendation: Staff recommends approval of AZ-06-007 and PP-06.006 for Solitude Subdivision as presented in the staff report for the hearing date of March 2, 2006 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. Staff has prepared findings consistent with this recommendation. 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated: January 13, 2006) 2. Landscape Plan (dated: January 13, 2006) 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 8. Settlers Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Solitude Subdivision AZ-06-007, PP-06-006 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri1ll, 2006 A. Drawings 1. Preliminary Plat (dated: January 13, 2006) '" <:: -- ~, ----'--c-- p --- Ii ì . p. ... c 11111 ì ¡ ¡ III : I ! A D---ll---Þ 1Iïtrt.~ a ¡1i1tL'" .1 ! ~f . s gll!oP-1 I ," I I , a j ( ¡: I . \" I , f-illi: § 'I II .. 1IIIIiPIP!l1 af I~ ..~. ~ ~ iM 111111111 :11 Fi f- . I! ,'. Ili!!~! ¡¡I¡,..ni/ill t I!¡ ~ ! J ¡ +~ . ! I I I J~ ~ f I III , 1111111111 ,., I JI~ ~ ;.Ihpllhlll I; ! hL.¡llil¡ ~ I 1 i 8OLI1'IJDB PLACE 8tJBDIVISION !'IIaMIWII' PlAT -.-..-...,. ---- PL#r<ER/CONT.ICT ~ CJWN£R OF f'ECCRJ &UOa -- .. ~.: :,.- --- ..-- ~i1 - ... "'--, .. ........... Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Aprill!, 2006 2. Landscape Plan (dated: January 13,2006) ;+, t:='..::::=-=-===::~- ".' -"""',.ò:'/":':;:':-"""'-.>,.~.:.:" ~¡.. -.--,- ~ >; i~ ----.. ---/""'-...",,'-------------, '" ,; I ...---" ,- ---~-"""-""-"-----"""""""-'\J ( s'i c' " ,--- -0 ~ '" ~ ~ '" [" ->; g- ~ n " ,.: ,,' '" 1"--""""""""'-"'- .. .." .. ;'; 'l,i, " ;j ..""-.-... "-""" ',"" ";' II "'" --,' "'" [" 8 " , " ,----';; --."----,, :.:; '" ,",' 'AV _....it t ~ _I~ i:::~" "j , c, ~ r.. "",- .., .._..m..._- ~ ~ " N,,/WESTON AVE. """""'"" """ " , COBR¡ BASIN SUBDIVISIONS r;m;rQD ~ ;;'iiiŒ I'\AC ; UPIV!SIGI\ I"EIiIDI"X ~--~ LI f'IõB.~ flo'T i<Uil!i.'"u.c: ~.::~ ..---:-.---....--- ----.J (n~~?~~ -.-.':.==-- Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April]], 2006 () / ~ L lID If i ¡ I \i ~ ~ l~illl!rn ~I" I¡~ I'D' ~ ¡ ;811' 12 .. !¡II,! I I I, ¡II ~ I, ij'.. Î~¡~lillID~ i ~ !iif q;1¡1 ~I I "Iii .. l' h P~ 11110 I 11:1 ~ ~i II II .. II :; it' !;:¡ In f:: I II" ~ ~ t '0-- ! ecut\I1£ I'IJŒ ~ ~ 0. >~ !!!"-~ 1'\..41 's ~..._.. ---. -..- ~------ [-----~J .. ..-- (}~d§=:;;~~ - ..",-- _.::_.m.:;;;;'~~~::':' Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri111, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 1.1.1 1.1.2 1.1.3 1.1.4 1.1.5 1.1.6 1.1.7 1.1.8 1.1.9 1.1.10 1.1.11 1.1.12 1.2 Exhibit B SITE SPECIFIC REQUIREMENTS-PRELIl\.1INARY PLAT The preliminary plat prepared by Engineering Solutions, dated January 13, 2006, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-007) shall also be considered conditions of the Preliminary Plat (PP- 06-006). Maintenance of all common areas shall be the responsibility of the Solitude Subdivision Homeowners' Association. The preliFH:iflary plat shall be modified to refl@et the eoRditiolls eofltaiflød iR this report a:Ð.d 10 copies ßooll be s1.tbmttted flO later than 10 days prior to the City Couneil heariflg OR the applieatiofls. The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the [mal plat application. A detailed fencing plan in accordance to UDC 11-3A- 7 shall be submitted with the final plat. The prelimiRary plat shall b@ r@':ised to show a pedestrian eorrneetioR from E. Ka~bab Trail to Lot 1 BIsek 9 or the appliea:Ð.t sHall submit a ';:ariaaeø for bløek It1ngth prior to the City Coufleil fe¥iew. This condition has been satisfied with the addition of pedestrian connections. That portion of the detached sidewalk which lies outside of the right-of-way shall be contained in an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway District, and said easement shall be depicted on the [mal plat or an instrument number referenced in a plat note. Street setbacks shall be measured from the back edge of sidewalk per UDC 11-2A-6. Fencing on all lots adjacent to interior common open space lots shall comply with UDC 11-3A-7. Any perimeter fencing must be completed prior to issuance of building pennits. All fencing should be installed in accordance with UDC ll-3A- 7. 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 ll-3B. 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. 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. 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. GENERAL REQUIREMENTS-PRELIl\.1INARY PLAT 1.2.1 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 1.2.8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17 and subject to a development agreement as offered by the applicant to include a sidewalk along Meridian Road in front of the out parcel. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 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. The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. 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. 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, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation or Nampa Meridian IrTigation Districts. Plans will need to be approved by the appropriate irTigation/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 subj ect to the expiration provisions set forth in UDC 11-6B- 7. 2. PUBLIC WORKS DEPARTMENT 2.1 2.2 Exhibit B Sanitary sewer service to this development is being proposed via extension of mains in N. Meridian Road. The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fonus of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confonnance of City of Meridian Public Works Departments Standard Specifications. The conceptual sewer design submitted with this preliminary plat shows eight-inch main being routed to the lift station location. The [mal invert elevation is not acceptable as it does not allow for the lift station to be taken offline. The applicant shall install 12-inch main from the 12-inch in Meridian Road to the northeast comer of this development (the Cobre Basin lift station), or prior to City Council resubmit a conceptual sewer design that facilitates the abandonment of the Cobre Basin lift station. 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri111, 2006 Water service to this site is being proposed via extension of mains in Cobre Basin and Burney GleIUl Subdivisions as well as to the mains located in N. Meridian and E. McMillan Roads. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Revise Lots 6, and 7 Block 8 to meet the required 50-feet of frontage. The applicant has not indicated the pressure irrigation system in this proposed development is to be maintained as a private system, therefore 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 "[mal draft" being required prior to final plat signature on the last phase of this project. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-3A-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 coIUlection to the culinary water system shall be required. If a single-point coIUlection 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. 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. 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 ll-3A-6. Plans shall 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. Iflateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 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 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 2.17 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 fue 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. 2.18 2.19 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fue-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 of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the fue 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 corners 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 ofthe!FC 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. All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 6. Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 7. 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. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The proposed 225-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 51 0 residents at build out. 10. The fue department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 11. 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 fue 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). Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri111, 2006 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). 12. Emergency response routes and fIfe lanes shall not be allowed to have speed bumps. 4. POLICE DEPARTMENT 1. The pFEÌfl8sed plat aflèlør site èesigB efløoW'ages lligh spøøè., em thrO1:lgh traffie. The appliøaflt shall "vork ,,':ith the Ada Cmlflty Highway Distriet to pro'ride traffie ealm:iflg desigB to deøreasÐ hw:el sfleeds OR Kaibaè TFail Street, Lo~gli Way, aflè. WØstofl.'\\'Øffile. 2. Any interior fencing adjacent to common lots shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. PARKS DEPARTMENT 1. No comments received. 6. SANITARY SERVICE COMPANY 1. No comments received. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Avvroval 1. Dedicate a total of 45-feet of right-of-way from centerline for McMillan Road abutting the site. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs flfSt. 2. Construct a 5-foot concrete sidewalk along McMillan Road abutting the site located approximately 38- feet from the centerline of McMillan Road. 3. Construct a westbound left turn lane on McMillan Road at the site access intersection, N. Donovan Street. 4. Construct a 5-foot detached sidewalk along the site's frontage on Meridian Road. The sidewalk: shall be located a minimum of 28- feet from the centerline of Meridian Road. If the sidewalk is located within an easement, the District will not require the dedication of additional right-of-way. The applicant should work with ACHD and the landowner of the out-parcel that fronts on Meridian Road to extend sidewalk to the intersection of McMillan and Meridian Roads. 5. Widen Meridian Road with 19- feet of pavement from centerline abutting the entire site. 6. Construct the internal streets as 36 -foot street sections with rolled curb, gutter, and 5-foot concrete sidewalks. 7. Provide 21-foot street sections on each side of the proposed center islands. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. Exhibit B 8. 9. 10. 11. 12. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri111, 2006 Construct stub streets to the surrounding properties as identified below. Install a sign at the tenninus ofthe two new stub streets to the out-parcel stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." . Extend Havasu Falls Street into the site, from Cobre Basin Subdivision, at the site's east property line. Extend Red Rock Drive into the site, from Cobre Basin Subdivision, at the site's east property line. Extend Havasupai Street into the site, from Cobre Basin Subdivision, at the site's east property line. Extend Donovan Way into the site, from Burney Glen Subdivision, at the site's south property line. Construct Beaham Avenue as a stub street to the out-parcel's south property line located approximately 200-feet east of Meridian Road (measured centerline to centerline). Construct Copper Ridge Street as a stub street to the out-parcel's east property line located approximately 100-feet south of the out-parcel's north property line (measured property line to centerline). . . . . . Construct one roadway, White Sands Avenue, to intersect Meridian Road approximately 600-feet north ofthe south property line (measured property line to centerline), as proposed. Construct one roadway, N. Donovan Avenue, to intersect McMillan Road approximately 750-feet east of Meridian Road (measured centerline to centerline), as proposed. Other than the access specifically approved with this application, direct lot access is prohibited to Meridian Road and McMillan Road and shall be noted on the final plat. Standard Conditions of Approval Comply with all Standard Conditions of Approval. 1. 2. 3. 4. 5. 6. 7. Exhibit B Any existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. Comply with the District's Tree Planter Width Interim Policy. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 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 8. 8.1 8.2 8.3 8.4 8.5 8.6 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho 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 Road 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 AClID right-of-way. The applicant shall contact AClID 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. 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. Settlers' Irrigation District All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Lemp Canal and Starkey Lateral. Contact SID for additional requirements. A Land Use Change Application must be on file prior to any approvals. A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. All storm drainage must be retained on~site. The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 2006 C. Legal Description . IDAHO SURVEY GROUP 1-450 Ean Wacer1:Ower St. Suite 150 Meridian. Idaho 83642 Phone (208) 846-8570 Fu (208) 684-$399 -,......_----------""""....."....,..".""---"---------_..""",,,,,--..""",- JIlI1t1ary 11, 2006 Proposed Solitude Place Subdivision A parcel ofland located in Govemment Lots 1 and 2, and the NE Y. orthe NW V. and the SE Yo of the NW v., of Section 31, T.4 N., R.I E., R.M., Ada County, Idaho, more particularly described as follows: Commencing at the NW comer of the said Section 31., tbe REAL POINT OF BEGINNING; Thence along the North boundary of said Section 31 North 89°59'25" East, 1423.56 feet; Thence South 00°23'56" West, 199473 feet to the SE comer oftbe W Y.i oElbe NW v. of the SE V. oftheNW V. of said Section 31; Thence aJong the South boundary ofsaid W Y.i of the NW V. of the SE V. ofthe NW v., and of Govemment Lot 2 of the said Section 31 South 89°57'50" West, 1418.57 feetto a point on the West boundary of said Section 31; Thence along said West boundary North 00°.15'20" East, 1150.10 feet; Thence South 89°49'50" East, 484.45 feet; Thence North 00°10'22" East, 467-89 feet; Thence North 89°49'50" West, 483.77 feet to a point on the West boundary of said Section 31; Thence along said West bouudary North 00°15'20" East, 377.37 feet to the POINT OF BEGINNING. Containing 59.88 acres, more or less. This dcscr"iption written from data of record without benefit ofa field survey- RE-aW ~PI\Ø~, ß"~ ~ jþ.~ ,7 ?\Jr,S !'IPlJSI..IC MEP'IOI~~ QEPT. woí{"'~ Professional land Surveyors Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11,2006 '""----,_.."--"" å ~ J t~ - é!\~~~~~,;'i:~;:yÆ'~;~~~~~~,~)\~~?~~ ~ - - - - - '" - TI~~"~~~~,~~~~: - ~: ~~i I:\:::"""'--~;l' ~ ~ ~ :,' 8 Þ M I f I ~ ~ {i: >li . ~~~< '~'" -; ",00; ',. 0'1' ~ ~". I "o,..~ ::>, ~,. ",~ J>" "~' i ,:, :~I~ ~}:: "~' I ~ ,~': t~~ );' ~ :~~' ~~ ~~I ~< "".'~ ~ ~èZ,\:, &~---~ ,è\~ ~ ~~ ~~ i .§?; ! '~ "i~ ( " ~ '\' ~ ":;J Ii I~i ,~ , s, ~ . "\\:'~ i ~ t" ~~ ~ ""8 ~ Q,<.n , ~ B ~ ~ I L '~ ~ , ~~> ~~~~'~~~~~';",~B:-.~@:.~~ ............." > :z: ~ ~~ ;nQ ¡g; ¡1;g ;!1 !! n ...... ~ II ~ I d ii; I, ¡: , Zþ I " I_' SOLITUDE P.u.CE SUBDIV18ION ~ ~ i. if i ~"".""'DI X -..:..":~~.... EIlGlIIEEIIIWfJ - PL.W<ER I OOI/IACt ~ 'SoLunfllll., ~- "':.. "~r~ - -- - ~--f=:':' --- . if.4ffiifi '";'...~. '::"-- ~ ~..~. -...,-.::". ~...-- Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF April 11, 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; 2. The applicant is proposing to zone all of the subject property to R~8. 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, ofthe Staff Report. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that single family detached residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Use. 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. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. The Commission and Council rely on any oral or written testimony that may be provided when determining this finding. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The 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. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E). 4. 5. The R-8 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. The 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. This is a logical expansion of the City limits. In accordance with the findings listed above, the Council fmds that Annexation and Zoninl! of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: Exhibit D In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following fmdings: 1. The plat is in conformance with the Comprehensive Plan; CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF Apri111, 2006 Exhibit D The Council tìnds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. The Council generally supports the proposed plat layout and proposed density as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; 3. The Council finds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Annexation Findings for more details.) The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; 4. Because the developer is installing sewer, water, and utilities for the development at their cost, the 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; 4. The Council recommends the Commission and Council rely upon comments from the public service providers (i.e., police, [lIe, ACHD, etc.) to detennine this finding. (See finding "Items 3 and 4 above under Annexation Findings above, and the Agency Comments and Conditions in Exhibit B for more detail.) The development will not be detrimental to the public health, safety or general welfare; and 5. The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis. The Council recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed subdivision may cause health, safety or environmental problems of which the Council is unaware. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which the Council is unaware.