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HomeMy WebLinkAboutIrvine Subdivision-REVISED AZ-05-038 PP-05-037 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIvED MAY 0 4 2006 CitY~f 'di Cit ': ~g /CI",.')I' 1tê..' .' "-/VLtJrldiân -", :;\\~ . liJ.'l.HO Ý \~ )- \~", I,' ~'\---. - "<!...~'" 'f \"',1-).' ,¡', , "--"'_-',!",Y:.'-"'-",,--~ '\"i~ 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 175 single-family residential building lots and 12 common lots on 38.5 acres, for Irvine Subdivision, by Dyver Development, LLc. Case No(s).: REVISED AZ-05-038 and PP-05-037 For the City Council Hearing Date of: April 25, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 25, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of Apri125, 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). REVISED AZ-O5-038! PP-O5-037 - 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 Apri125, 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 stamped REVISED January 24,2006, by Bailey Engineering dated January 19, 2006 is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. That the applicant will provide a sandstone color. solid vinyl fence and slieht bermine (to prohibit potential draŸ!!gtjnfIltration) adjacent to the Stevenson's property. b. The applicant shall dedicated whatever the Îmal rieht-of-way width for SH 20-26 is. as determined by lTD. The applicant shall submit a letter from ITD if the reQuired rieht-of-way for SH 20-26 is less than 100-feet. Modify the plat accordimdv. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of April 25, 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-O5-038 / PP-O5-037 - PAGE 2 of 4 within two (2) years of the approval ofthe preliminary plat or one (1) year ofthe combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. Notice of Final Action and Right to Regulatory Takings Analysis E. 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body 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 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 April 25, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA W AND DECISION & ORDER CASE NO(S). REVISED AZ-OS-O38/ PP-O5-037 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the mæ-?- ' 2006. , . q~ day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED ~ VOTED r VOTED~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD -- VOTED By: ~I ATTEST: Copy served upon: Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). REVISED AZ-O5-038! PP-O5-037 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 STAFF REPORT TO: FROM: Hearing Date: Apri125,2006 Meridian City Council , ot{;;;di~\ I, IIJ,\HO } \~. )" ~(' /. ~~ , -~ &.~'I""-I' -, ...,..,,;<,..- .--' - , -- ---~.--"'" ... ------ ,,' 1;(;) Planning Commission Staff: Joe Guenther, Associate Planner Meridian Planning Department 208-884-5533 SUBJECT Irvine Subdivision AZ-05-038 REVISED Annexation of38.5 acres from RUT to R-8 PP~05-037 REVISED 175 Single~family residential lots and 12 other lots CUP-05-039- WITHDRAWN RedHead framage, miaimumlet size, lot lifles \Trith. zero side yard søtbaeks f.or attaeh.ed prod\:!ets and e,wess bloelc leflgth 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST History of item: On September 1,2005, the Planning Commission accepted the applicant's request to continue the item until September 15, 2005. On September 15, 2005 the Planning Commission accepted the applicant's request to continue the item until October 6,2005. On October 6, 2005 the Planning Commission accepted the applicant's request to continue the item until October 20,2005. The Planning Commission accepted the applicant's requests to continue the item to address ITD concerns. On October 20,2005 the Planning Commission heard the item and recommended approval of the revised preliminary plat dated September 30, 2005 to the Meridian City Council. On November 15, 2005, the City Council heard the item and recommended denial as the project was not in the best interests of the city and the lot sizes were too small. On January 3, 2006, the City Council accepted the applicant's request to reconsideration and remanded the item to the Planning Commission with direction to provide a revised preliminary plat. On January 24,2006, the applicant submitted a revised site plan dated January 19,2006. The applicant requested to be reviewed under the Unified Development Code and withdrew the request for a Planned Development (CUP-05-039) under the Meridian City Code. The Planning Department scheduled the item to be heard at the March 2, 2006 Planning Commission hearing. The revised request is for annexation and zoning of38.5 acres ofland that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medium Density Residential District) for the entire parcel consistent with the Unified Development Code. The applicant has submitted a revised preliminary plat for the subject property for 175 single-family lots all with detached products, and 12 common/other lots on 38.5 acres. Amenities for the development have been revised and the request no longer includes a clubhouse; useable open space has been reduced from 4.61 acres to 1.97 acres or the minimum 5% required. 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. Irvine Subdivision-REVISED PLZ-O5-038/PP-O5-037 PAGE I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 a. Summary of Public Hearing: i. In favor: Kevin Amar (applicant's representative) ii. In opposition: None. 111. Commenting: Jerry Stevenson iv. Staff presenting application: Joe Guenther v. Other staff commenting on application: None. b. Key Issues of Discussion by Commission: i. ITD Required Right of way ii. Lot sizes consistent with Comprehensive Designation iii. Mike Myers property, stub street location iv. Open space requirements v. Acceptance of the CUP withdrawal. c. Key Commission Changes to Staff Recommendation: i. None. 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 Prelinúnary Plat applications. Staff is recommending approval of the subject annexation and zoning (AZ-OS-038-Revised), preliminary plat (PP-OS-037-Revised) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to sewer this development via extensions of mains in Silverleaf Subdivision, which is temporarily pumping sewage to a discharge point in N. Ten Mile Road. The applicant shall be responsible for any upgrades to the lift station that may be required. The Meridian City Council heard the item on November 15, 2005. At the public hearing they moved to recommend denial, on January 3, 2006 the Meridian City Council remanded the revised Irvine Subdivision to the Planning Commission. Staff has reviewed the revised design dated January 19, 2006 and submitted comments as detailed in the staff report dated March 2, 2006. On March 2, 2006 the Planning Commission recommended approval of the revised design as detailed in this report dated April +1-25, 2006 Staff requests that the Council consider recommending a redraw of the Irvine Subdivision to incorporate the ITD response and required open space as detailed in this report. PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 05-038/PP-05.037 as presented in the staff report for the hearing date of April 25, 2006, and the prelinúnary plat labeled PP-l, 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-OS- 038/PP-05-037 as presented in the staff report for the hearing date of April 25, 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 pennit.) Continuance Irvine Subdivision-REVISED ~-O5-038!PP-O5-037 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ.05-038/PP-05-037 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance,) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: SE comer ofTen Mile Road and Chinden Road 4Nl W26 b. Owner Dvyer Development, LLC 36 E. Pine Street Meridian, Idaho 83642 c. Applicant: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COUNTY-RUT f. Present Comprehensive Plan Designation: Medium Density Residential- North Meridian Comprehensive Plan Amendment g. Description of Applicant's Request: 1. Date ofprelirninary plat (attached as Exhibit AI): Revised January 19,2006. 2. Date oflandscape plan (attached as Exhibit A2): Revised February 1, 2006 h. Applicant's Statement/Justification: The proposed overall density (4.55 dwellings per acre) of the proj ect complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the sUITounding land uses and will be a continuation of the Silverleafproject south and east of the site. 4. 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. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. Newspaper notifications published on: Council- March 20, 2006 and April 3, 2006 Planning Commission - February 13, 2006 and February 27,2006 b. c. d. Radius notices mailed to properties within 300 feet on: Council- March 31, 2006 Planning Commission - February 3, 2006 Irvine Subdivision-REVISED }Ll-O5-038fPP-O5-037 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 e. Applicant posted notice on site by: February 16, 2006 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of SuITounding Area: Agricul turaVU rbanizing c. Adjacent Land Use and Zoning 1. North: Agricultural Ada County RR, Spurwing Golf Course 2. East: AgriculturaVResidential Silverleaf Subdivision - Meridian City R-4 and Ada County RUT 3. South: Single Family Residential Silverleaf Subdivision - Meridian City R-4 4. West: Agricultural Ada County RUT - Future Bainbridge Subdivision Meridian City R-8/PD d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Location of water: Road Extension of mains in Silveleaf Subdivision. Extension of mains in Silverleaf Subdivision and Ten Mile Issues or concerns: The future rights-of-way along SH 20/26 Chinden Blvd are under consultant review by ITD for future requirements for acquisition. ITD has stated they are not able to purchase the entire amount of right-of-way they may require for future expansion of SH 20/26 Chinden Blvd, ITD has requested 100 feet of right of way. 2. Vegetation: AgriculturaVIrrigated 3. Flood plain: NA 4. Canals/Ditches Irrigation: Simpson Lateral/ Harrell Lateral 5. Hazards: None Identified 6. Proposed Zoning: R-8 7. Size of Property: 38.5 acres 8. Description of Use: 187 single family residentiallots f. Subdivision Plat Infonnation 1. Residential Lots: 175 2. Non-residential Lots: 1 3. Common Lots: 11 4. Total Lots: 187 5. Gross Density: g. Landscaping 4.55 units per acre 1. Width of street buffer(s): 35 feet for gateway corridor on Chinden Blvd Irvine Subdivision-REVISED AZ-O5-038/PP-O5-037 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 30 feet (25 required) on Ten Mile Road. 2. Width ofbuffer(s) between land uses: none required (all residential) 3. Percentage of site as useable open space: The applicant has defined 1.97 acres or 5.1 % open space, Lot 5 Block 2, Lot 9 Block 3, Lot 9 Block 4, Lot 9 Block 5 (See section 5-h for additional analysis) 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Lot 30, Block 1 shown as unused rights of way on Chinden Blvd SH20/26 to be retained by the developer shall be landscaped with lawn or other vegetative undercover until such time as ITD has acquired the property for future roadway improvements. 10 foot pathway along Chinden to be reserved for ITD construction with SH20/26 improvements will be contained in Lot 1 Block 1. h. Required Open Space: The open space does not meet the standards of the UDC as drawn. Please see section 9.2 of this report for UDC analysis i. Amenities: The applicant is required to provide two qualified amenities for single family residential subdivisions that are 20 to 40 acres in area. The applicant is showing qualified site amenities as follows: 11-3G-3C~1 - Quality of Life Amenities - None 11- 3G-3C-2 - Recreation Amenities - Pool/tot lot 11-3G-3C-3 - Pedestrian Amenities - None Amenities shall be generally located in centrally accessible locations and all common areas shall be maintained by the Irvine Homeowners Association. The applicant is proposing the pool and tot lot as amenities. i. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed Front Living Area Side Accessed Garage Front Accessed Garage Street side 15 15 Required 15 Side 20 20 4 12 15 20 Rear Street frontage - 20 4 12 Irvine Subdivision-REVISED llZ-OS-O38/PP.O5-037 PAGES CITY OF MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE OF APRIL 25,2006 With garage facing street Lot Size -SF detached With garage facing street Maximum Building Height 1. Proposed and Required Non-Residential 50 50 5,000 35 5,000 35 Non-residential lots are to be used for amenities and open space. Lot 30 Block 1 is to be retained by the developer for future right of way acquisition. m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to Chinden is to be prohibited. Access to Silverleaf subdivision is as proposed with connections at Silver River Street, Silverspruce Avenue and Tango Creek Drive. A stub street with full services shall be provided to the property excluded at the south west listed as Stevensons property and shown as Stonepine Street. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On February 10, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Medium Density Residential' on the North Meridian Comprehensive Plan Future Land Use Map which is under progress for adoption. The Council has heard the amendment on two occasions and wi11likely approve the North Meridian Comprehensive Plan Amendment on March 7, 2006. Never-the-less, the site is currently designated a Low Density Residential on the 2002 Comprehensive Plan, and the applicant has requested a step up in density. In Chapter VII of the Comprehensive Plan, medium density is deemed as areas including single-family homes at densities of three to eight dwelling units per acre. Although the proposed density (4.55 d.u./acre) is above the minimum target density of3 d.u./acre for Low Density Residential, staff finds that the subject application conforms with the revised North Meridian Proposal purpose and intent. In the applicant's submittal letter, dated July 15,2005 several Comprehensive Plan policies are listed (please see applicant's letter) and a step up in density is requested in compliance with the existing comprehensive designation. Staff also fmds the following 2002 Comprehensive Plan text policies to be applicable to this application (staffanalysis is 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) 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 . Irvine Subdivision-REVISED AZ-O5-038/PP-OS-O37 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 . 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 western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). 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. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) The Idaho Transportation Department (ITD) has previously submitted letters to the City stating that their policy for access to a Type IV Principal Arterial will be at intersections only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other than intersections) in special cases and on a temporary basis. Stafffìnds that the proposal of no access point to Chinden Boulevard (SH 20-26) meets the location requirements of lTD. Further, staflfinds that Ten Mile Road will serve as the access point to Chinden Boulevard for all the properties in this section. ITD has conditioned the subdivisionfor additional rights of way along Chinden Boulevard, a redesign of the proposal dated July 05, 2005 has been submitted which shows the right-ol-way line at 90 feet to center line for approximately the first 500 feet east of the centerline ofTen Mile Road. The applicant is requesting to retain Lot 30, Block 1 of the design dated January 19,2006. This lot should be noted on the plat that it is for future right of way reservation for when ITD roadway improvements occur. The width ofrÙz:ht ofwav reservations shall be as set forth bv the lTD. UDC 11-3H-3c.2 . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, benns, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 35-foot wide landscape buffer with a perimeterfence and dense vegetation along Chinden Boulevard. The applicant is also proposing to construct a 30-foot wide landscape buffer along Ten Mile Road. Staff is supportive of these widths, as long as the entire bll.ffer lies outside the ultimate right-ol-way. The applicant will be required to enter into a license agreement with ITD for the future 10-foot multiuse pathway along SH 20/26 Chinden Irvine Subdivision-REVISED AZ-O5-038fPP-O5-037 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 Boulevard to allow the pathway to be constructed within the landscape buffer. Staff added conditions requiring that the applicant 1) leave an appropriate level area for the pathway and 2) plant it with sod until ¡TD constructs the pathway. The applicant shall provide noise abatement in compliance with UDC 11-3H-D. See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The additional rights of way for Ten Mile and SH 20/26 Chinden Blvd. will be large enough to accommodate future pedestrian and bicycle lane as well as interconnection of sidewalks along arterial roads. . 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 North Meridian Future Land Use Map which identifies 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 4.55 dwelling units per acre. Staff has reviewed Irvine Subdivision under the Medium Density Residential North Meridian Future Land Use Map designation. Currently, the applicant has requested a "step up" in density from the 2002 City of Meridian Future Land Use Map. Staff supports the "step up" from low density residential to medium density residential. . "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway mid-mile between Ten Mile Road and Black Cat Road, and between Chinden Boulevard and McMillan Road. The proposal will provide connection to Ten Mile Road which will provide interconnection to future collector streets. Staff finds that the vrovosed zonin!! and subseQuent uses (sinf!.le-familv homes) will be harmonious with and in accordance with the Comvrehensive Plan. 8. ZONING ORDINANCE Irvine Subdivision-REVISED flLZ-O5-038/PP-05-037 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2lists single-family residential development uses as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) the purpose ofthe 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 colTesponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O-T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c.1l-3G-l: 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. d. ll-3H-l Development along Federal and State Highways The regulations ofthis Article are intended to achieve three purposes: 1) limit access points to state highways in order to maintain traffic flow and provide better circulation and safety within the community and for the traveling public, 2) to preserve right~of-way for future highway expansions, and 3) design new residential development along state highways to mitigate noise impacts associated with such roadways. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING 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 Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on July 1, 2005 by Clinton Hansen, 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. Irvine Subdivision-REVISED AZ-O5-038fPP-O5-037 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 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 homogenous nature of onlv residential uses. and the comoliance with Meridian Citv Unified Develooment Code. staff believes that a Develooment Agreement is not necessary to ensure that this propertv is developed in a fashion that is consistent with the comorehensive plan designation and does not negatively impact nearbv properties. If the Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivity (Silverleaf Subdivisions): The stub street from Silverleaf Subdivision shall connect from N. Silverspruce Avenue and again from W. Tango Creek Drive. The subdivision is constrained by previous development in the areas east and south of the site and is bound by ACHD and ITD policies of interconnectivity. No direct access to Chinden Boulevard SH 20/26 is approved with this subdivision. No direct access is allowed to Ten Mile Road is approved outside of the point ofconnectionpennitted by ACHD. A new stub street has been proposed to the Stevenson property in the southwest comer of the site. This stub street shall have future connections from Stonepipe Street to the west. The Myers Property lies directly east of the site along Chinden Blvd. and by policy requires a frontage road. It is anticipated that Silver River Street will serve as the required frontage road to SH 20/26- Chinden Blvd. The stub street connection to the east of the site has been provided closer to Crunden to provide interconnectivity than required by ITD. Silver River Street shall connect through to the mid section connection to Crunden Blvd but the width of the right of way on Chinden may affect the location of the stub street. 2.2. Landscaping: Staff is generally supportive of the landscaping design with the following considerations: Perimeter fencing along Chinden Blvd shall be designed according to the noise mitigation standards found in UDC ll-3H to be maintained by the home owners association. The 30 feet of right-of-way landscaping on Ten Mile Road and 35 feet of landscaping on Crunden Boulevard shall be maintained by the Home Owners Association. A sidewalk connection along Ten Mile Road shall connect to the right of way for Chinden Blvd through Lot 30, Block 1. Irvine Subdivision-REVISED AZ-O5-038/PP.O5-037 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 Lot 30 Block 1 shall have a clear termination deEmed as to the future lot line along Ten Mile Road. Prior to final plat the applicant shall submit a landscape plan depicting the required changes to the landscape plan as detailed by this report. 2.3 Tree Mitigation: 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. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches. Laterals. and Canals: All itrigation ditches, laterals or canals, exclusive of natural watelWays, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Settlers Irrigation District has the Harrell lateral and the Simpson Lateral on this site and has co1i1mented on the proposal as showing compliance with the required improvements. 2.5 Pressure Irrigation: The City of Meridian requires that pressurized iITigation systems be supplied by a year-round source of water. 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 ll-3B-6. See Site Exhibit B below. 2.6. Fencin!l: The applicant is proposing to construct a minimum of a five foot tall solid fence around the perimeter of the site with five-foot open fencing along common areas. A detailed fencing plan should be submitted upon application of the fmal plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the fmal plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. 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 City Code in effect at the time the permit is issued. Fencing on SH 20/ Chinden Blvd should comply with all ITD requirements for noise abatement and shall be placed on a 6' berm as shown on the landscape plan and meet the elevation and construction standards ofITD. The applicant shall comply with all fencing standards as listed in UDC 11- 3A-7. 2.7 Unimproved Right-of-Way: Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Wark Program. The remainder of the unimproved right-of.way should be landscaped with lawn or other vegetative groundcover. Ten Mile Road shows an 8-foot gravel shoulder where Chinden Blvd shows a 12-foot gravel edge abutting this site these dimensions meet the intent of this section with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. 2.8 SH 20/26 Chinden Blvd: The applicant shall enter into an agreement with ITD to place the required sidewalk/pathway within the required landscape buffer. The applicant is not Irvine Subdivision-REVISED AZ-O5-038/PP-O5-037 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 required to construct the pathway at this time. The City of Meridian does require cooperation between the applicant and ITD to resolve the details of the future lO-foot pathway as detailed by ITD's cross section submitted with the November 15, 2005 transmittal. ITD shall detennine the required right of way width UDC 11- 3H. 2.9 Amenities: UDC 11-30 requires properties with more than twenty acres to provide two or more qualified site amenities to be provided as part of each plat. The proposed amenities for the subject planned development include: open space and recreational amenities of tot lot and pool. The proposed open space is shown to make up 5.1 % ofthe site; an additional 5% minimum is required to qualify as an amenity. 2.9a Common Open Space: is shown by the applicant as Lot 5 Block 2, Lot 9 Block 3, Lot 9 Block 4, Lot 9 Block 5, Lot 9 Block 8, Lot13 Block 10 and Lot 11 Block 6. . Lot 5 Block 2 must be reduced by approximately 6,075 sq/ft for the parking lot to 31,767 sq ft of common open space. Lots 9 blocks 3, 4, 5, and 8 are qualified street buffers (UDC 11-30-3B4) for a total of(32,186x 50%) 16,093 square feet. Lot 11 Block 6 does not qualify as it is not 50x1O0 in area (UDC 11-30-3Bla) Lot 13 Block 10 is an active use lot of 4,429 . . . The total qualified open space is 55,289 sqlft which is 3.1 percent qualified open space. 2.9b Qualified Site Amenities: Quality of Life Amenity: None Provided Recreation Amenities: Tot Lot, Swimming pool Pedestrian or bicycle circulation system amenities: None Provided. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: Revised January 19,2006) 2. Landscape Plan (dated: Revised February 1, 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. Idaho Transportation Department letter dated October 3, 2005 D. Legal Description E. Required Findings from Zoning Ordinance Irvine Subdivision-REVISED AZ-O5-038/PP-O5-037 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 A. Drawings 1. Preliminary Plat (dated: AMENDED January 19,2006) i¡' " I t ~11 ~~ Ii if~, - !f ~~ ~f ø 11 <I 2~ C <J! GCZ l~} ~' (J J l~~ cO, r " . ~ IIh -------..,.., '.'--- i I , I I II ~ : I ' ! I I, ¡I -~.,' :" /1,. :!;. \ -IN ~j "" t-~- ¡ I .. I: I i:i : .. ¡ 1\ : : II¡~\I!! I 'I\! ,~~ ¡ i),! I I! I J' ¡¡I,' II ~ 11~ 1'1 : I 1~!lf~! ¡ ,i II I: 'I': -, '{" I i i :':1 I 'I A I ~j!/¡\I 11/ i 1., ~/; .k is''\ IIi illl'l :\!II! i I 1:1: - .... lelpl"p.'-ø II 111/:11 I 1'¡,!jtllüJ::,'i "II lItlllllllllflll !!lIt I/,'!J 1"/'11 IIr ~,:.';J~¡!G I ,_"," 'IIillll m: ,. 1/, "Ii L'I5J!å ~'U! ~ " \ II II ' I ,', '.1 I~!¡ ~ p'n ¡~'/"Ð<o" ./, l"rl'I~llflIIIJ Ii ,c'.H~' 1 "I . !I.'- ~~ .iI! I : fI II JlII':! ,,' ~Ii ' ¡ oilll' I I! 11,,11' ". . I It &¡ "I, f I I I q¡i '. !! _...._----,---- '-"'---,.. 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I ", " I ':' "; 1 - :' 'i " ~:IL'!i~I;:I, l,l ' ~'! "r")¡1 ""I.'li' , ""r!] ciiÇ~1 I '¡'F",' ¡--..j~ ,; H !:I"~:f ._,,- ~ _.~:, "Jl' ;" g¡'Ühjffi~j.,~~ - '.'.. L--==-n-___"~ U_--'-' ~~n- I I i ! i I I ".-,m--",-- -I' .,. 1~1 ~ k.."."",," Irvine Subdivision-Revised Exhibit A Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 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 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT The preliminary plat labeled as PP-1 prepared by Bailey Engineering, revised January 24, 2006, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-038-Revised) shall also be considered conditions of the Preliminary Plat (PP-05-037-Revised). The applicant shall construct a 30-foot landscape buffer along Ten Mile Road and a 35-foot buffer along Chinden Blvd. The sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. That the applicant shall certify that Lots 8 and 10 of Block 3 have the required 50 feet of frontage as required by ODC 11-2A. That the applicant shall certify prior to final plat submission that a minimum of five (5) percent common open space has been provided in compliance with UDC 11-3G-3a.1 The applicant shall place a note on the plat to note that Lot 30, Block 1 of the design dated January 19, 2006 is for future right of way reservation for when ITD roadway improvements occur and shall not be used as a reservation strip to limit access to the public right of way. The ITD is currently reQuestine: tOO-feet of rie:ht-of-way for SH 20-26 adjacent to this DfODerty. The aPDlicant shall dedicated whatever the final rie:ht-of-way width for SH 20-26 is. as determined by lTD. The aDDlicant shall submit a letter from ITD if the required rieht-of- way for SH 20-26 is less than tOO-feet. Modify the Dlat accordine:ly. The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Ten Mile Road as required by ACHD. The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Chinden Boulevard as required by lTD. A landscape plan shall be submitted prior to fmal plat showing the landscaping in relation to the changes required by this report. The submitted two-page landscape plan prepared by Bailey Engineering, dated February 1, 2006 is not approved. The following should be included in a revised landscape plan: . Lot 30, Block 1 shown as unused rights of way on shall be landscaped with lawn or other vegetative undercover until such time as ITD has acquired the property for future roadway improvements. . The pathway along Chinden Blvd shall be 10' wide. . The applicant shall provide a continuation of the Ten Mile Roadway sidewalk through Lot 30 Block 1 for pedestrian connection to Chinden Blvd SH 20/26. . The applicant shall provide a landscape design in Lot 1, Block 1 consistent with noise abatement standards for residential uses along state highways in accordance with UDC 11- 3H-D. Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 . All parking lot landscaping shall comply with UDC lI-3B-8 and approved with a certificate of zoning compliance. . Where the Simpson/Harrell Lateral is being covered, all vegetation shall be installed as depicted. If the Settlers Irrigation District restricts the type and quantity of vegetation, the landscape buffers shall be increased as to accommodate the plan as approved or the applicant may apply for alternative compliance. . A minimum of five percent common open space shall be provided in accordance with UDC 1I-3G. . Provide a sandstone color. solid vinyl fence and slie:ht bermine: (to prohibit potential drainae:e infiltration) adjacent to the Stevenson's property. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.9 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.10 Maintenance of all common areas shall be the responsibility of the Irvine Subdivision Homeowners' Association. 1.1.11 Other than the public street access approved by ACHD, direct lot access to Chinden Boulevard and Ten Mile Road is prohibited. A note shall be placed on the final plat restricting access to Chinden Boulevard and Ten Mile Road. 1.1.12 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20- feet as measured from the property line or the back of sidewalk, whichever is more restrictive. 1.1.13 All irrigation ditches, laterals or canals, exclusive of natural waterways, the Simpson Lateral and the Harrell lateral, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be covered in compliance with UDC 1I-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.1.14 The applicant shall grant a pedestrian easement for the pathway within the landscape lot along Chinden Blvd. 1.2 1.2.1 GENERAL REQUIREMENTS-PRELIM:INARY PLAT 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 1l~3A-I7. 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-I8 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 1I-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stonnwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 1l~3A-18, then the applicant shall relocate the Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 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 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 permit. All fencing should be installed in accordance with City Code. 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 ll-3A-6, unless otherwise approved by Settlers 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. Staff's failure to cite specific ordinance provisions or tenus 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 ll-6B. 2. Public Works Department 2.1 Pennanent sanitary sewer service to this development is to be provided by the undeveloped "North" Black Cat service area. The applicant proposes to sewer this development via extensions of mains in Silverleaf Subdivision, which is temporarily pumping sewage to a discharge point in N. Ten Mile Road. The applicant shall be responsible for any upgrades to the lift station that may be required. 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 fonns 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. 2.2 2.3 2.4 2.5 Water service to this site is being proposed via extension of mains in SilverleafSubdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. Provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The description shall be consistent with the graphically depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 8112" x 11" map with bearings and distances (marked EXHffiIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. The preliminary plat shows sewer mains being installed in the conunon lots between the attached products. Any sewer mains located in these areas would need to be protected by a standard 20- Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 foot City of Meridian sewer easement, and free of mature landscaping. Additionally a 14- foot wide all weather access road shall be placed over the sewer main to facilitate cleaning and maintenance of the sewer system and its appurtenances. 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. If it is to be owned and maintained by an Irrigation 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. The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. All existing structures shall be removed prior to signature on the fmal plat by the City Engineer. Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used fof non- domestic purposes such as landscape irrigation. The applicant has not indicated how the storm drainage from the proposed parking lots associated with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off-street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. 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 illlcompleted fencing, landscaping, amenities, pressurized itrigation, sanitary sewer, water, etc., prior to signature on the final plat. All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized itrigation 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 determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 2.16 2.17 2.18 2.19 2.20 2.21 It shall be the responsibility ofthe applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. All grading of the site shall be perfonned in comonnance with city code Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fIre hydrants. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior to commencing installations. 3. Fire Department 2.22 2.23 3.1 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. 3.2 One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.3 Final Approval ofthe fIre hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" 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 spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 3.7 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. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 3.8 Building setbacks shall be per the International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.10 The proposed 200-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 580 residents at build out. 3.11 The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address this concern prior to the public hearing. 3.12 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. 3.13 The fire department requests that any future signalization installed as the result of the development of this proj ect 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 3.14 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site 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). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. The proposed plat and/or site design encourages high-speed, cut-through traffic. The applicant shall work with the Ada County Highway District to provide traffic calming design to decrease travel speeds on Silver River Street. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your final plat application. 5. Parks Department 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3-2 and 3-3, sections B & C. This condition will apply to the section of pathway to be located along SH 20/Chinden Blvd. 4.2 4.3 Exhibit B Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Dedicate a total of 48-feet of right-of-way along Ten Mile Road and construct a minimum 5-foot wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of the right-of-way. 7.2 Construct the main entrance to intersect Ten Mile Road approximately 50S-feet north of the south property line, as proposed. 7.3 Extend North Silverspruce Avenue into the site from the south property line (approximately 550-feet east ofTen Mile Road), as proposed. 7.4 Extend West Tango Creek Drive into the site from the east property line (approximately 240-feet north of the south property line), as proposed. 7.5 Construct a stub street (West Silver River Street) to the east property line approximately 165-feet south of State Highway 20/26 (Chinden Boulevard), as proposed. Install a sign at the tenninus of the roadway that states, "this roadway will be extended in the future." 7.6 Construct W. Stonepine Street as a stub street to the west property line located approximately 120- feet north of the south property line. This stub street will serve the undeveloped 1.44-acre parcel to the west. Install a sign at the tenninus of the roadway that states, "This roadway will be extended in the future." 7.7 Construct North Sunny Cove Street, North Santa Rita Avenue, North Seacliffe Avenue and North Silver River Street (from Santa Rita Avenue to North Seawind Avenue) as 34-foot street sections with rolled curb, gutter and detached 4-foot concrete sidewalks that are separated from the curb line with a 5-foot wide planter within 52-feet of right-of. way, as proposed. Provide the District with documentation showing the review and approval ofthe reduced street section. Comply with the District's Tree Planter Width Interim Policy***see Finding of Fact 5 on page 6 ofthis report for further infonnation regarding this policy. 7.8 Construct North Silverspruce Avenue and West Tango Creek Drive as 36-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet ofright-of~way, as proposed. 7.9 Construct 20-foot wide alleys within the subdivision. Pave the alleys their full width of20-feet and construct the alley intersections to be a minimum of 15-foot radii. Provide a minimum of 22-feet of clear distance from the back of the parking stall (or garage) to the opposite side ofthe alley. Parking in alley is prohibited. The proposed parking lots accessing the alley are acceptable and approved with this application. 7.10 Construct four knuckles without center islands within the subdivision, as proposed. Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 7.11 Construct a left turn lane on Ten Mile Road at the main entrance. Coordinate the design ofthe turn lane with District staff. 7.12 Construct a right turn lane on Ten Mile Road at the main entrance. (the turn lane must include both a taper and a lane). Coordinate the design of the turn lane and taper with District staff. 7.13 Comply with requirements ofITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit to the District a letter from ITD regarding said requirements prior to District approval of the final plat or issuance of a building pennit (or other required pennits), whichever occurs first. Contact District III Traffic Engineer at 334-8340. 7.14 Other than the access point that has specifically been approved with this application, direct lot access to Ten Mile Road is prohibited. A note will be required on the final plat stating this access restriction. 7.15 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.16 Any existing irrigation facilities shall be relocated outside ofthe right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.17 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. 7.18 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. 7.19 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.20 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. 7.21 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.22 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. 7.23 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342.1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.24 No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative Exhibit B Page 8 8. 8.1 8.2 8.3 8.4 8.5 8.6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 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. 7.25 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 subject 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 Simpson Lateral (40' easement), Hanell Lateral #21 (20' easement). 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 iITigation 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 iITigation access to all lots within the above-mentioned subdivision from the CUITent delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 Exhibit C. Idaho Transportation Department (three pages, two comments by Sue Sullivan and one page of "Adjacent to Residential Option 1") Dated October 3, 2005. IDAHO TRANSPORTATION DI!!PARTMeNT P.O. Box 8028 Boise, ID 83714.8028 TfIM8POIIfAfDt -..a Charles Winder CfI8irmBn John X. Combo V.œ CII8Jmun District 6 John McHugh DIslrlç11 Bruce Sween$y DislrlCI2 Monle McClure DIstrict 3 Gary Blick DistrlcI4 Neil Miller DIslrJetS David Ekern, P.E. 0I1fICfOI' Sue Higgins Boarri $øcJWilfY Exhibit C Page 1 (208) 334-8300 ild.idaho.gov October 3, 200S VIA FAX: 208-888-6854 Cily of Meridian Planning Department 660 E. Watertower, Ste. 202 Meridian. ID 83642 Aun: Joe Guenther RE: ANNEXA TlON/REZONEIPRELIMINAR Y PLAT Route: US Highway 20126 Location: SE Comer ofTen Mile & 20126 Name; Irvine Subdivision (Dyver Development. LLC) Dear Mr. Guenther. Thank you for allowing the Idaho TranspOl1ation Departmem (11m the opportunity to comment on the applicant's preliminary plat for the property located at the SE comer ofN. Ten Mile & Chinden Blvd. (US 20126). Meridian, Wahoo lTD offers the following comments: General Comment: I thought perhaps we had negleçted to comment at the annexation/rezone stage. Per loday's conversation with Meridian staff. I now understand that this is the annexation/rezone Stage. I do not feel as shy about requesting appropriate redesign ofthe subdivision. Past comments on US 2OJ26 setbacks. A few developments along US 20/26 were designed, per ITO comment during 2004, 10 meet a setback of 70' from the centerline of the existing highway. This setback would have provided enough room for I.) a painted median treatment or 2.) an urban storm sewer treatment Given the high volumes forecast for this route. we desire a wider median (28') that will provide a higher leye! of safety for the traveling public. The storm sewer treatment is not desirable due to the challenges of finding outlet opportunities. A ditch section that can detain and infihrate some of the drainage is a more sustainable design. Study/Schedule. frO and COMPASS recently began the US 20t26 Corridor Study. The goal of this study is to preserve the corridor for future capacity improyement needs (widening). The scope includes public inYolvement, a concept report/corridor plan. access management, and an environmental document. An environmental document and funding are needed before we can pnxeed with right of way acquisition. The scope does not include final design. nor is there funding available to construct any widening. Developers and buyers should be made aware that improvements to US 20/26 will not happen for some time. We haye moved the design of some alternative typical sections forward in the project development process in an attempt to stay abreø.st of development and anticipate future sethack needs. Any designs we show you at this time may be modified during the project design. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Reeoounendøüons for Irvine Subdivision. r understand there is a redesigned piaL r have POt 5eenthis design yet My comments refefence a plat dated 715/05. The current setback to the back property line of the lots fronting US 20126 is 105' hom the centerline of the existing pavement A desÎfable setback to the back property line of the 10lS would be 135'. Compromises to the typical section could have included the following: . A storm sewef sectioo could be accommodated in the current sile design. Concerns about this lfeatmeot have been noted above. This is not II desirable option. The developei' presented a logkal argument that we already had the 70' setback constraining Wf solutions. As I review the plats. this only significantly affects about 500' in SilverJeaf sub. We can wofk with that. . The pedestrian refuge could be slightly narrowed; however, per conversations with Meridian staff this was an important feature, given the pavement widths, and we support thaI. . II is possible that narrowing the ditch seçtioo could be investigated. I will not have the hydraulic design data to support that without further design. I would be very concerned that. given the flat grades ¡othe area, and that the highway ditch accepts regular reoccurring water from the landscape area, a ditch with less capacity would cause saturation of the subgrade. Frontage/Backage Road Per the City of Meridian ordinance, a collector type facility should be constructed roughly parallel to US 20126. Then: is a road on the Silverleaf plat called Kingwood. It appears to be the rutile Irvine residents would use to access the commercial area at Lochsau and also the proposed elementary schooL On the Irvine plat. the same road is called West Tango creek? West Tango Creek (aka Kingwood) should be redesigned to serve a better collector function, ie, minimize, if not eliminate, any residential frontage. Tramc Impact Study Improvements at the intersection of N. Ten Mile and US 20/26 should be considered to accommodate the highway entry/exit movements of vehicles resulting from the subject development/application. The applicant should complete a Traffic Impact Study at the intersection to assess highway impacts and to reconunend what. if any, impmvemems (i.e. accelerationldc:celeration lanes. centl:r tum bays, etc.) are necessary. We have not received this data to date. As noted above, no funds for these improvements by ITD are available in the near futufC, Any necessary improvements require an approved pennit from the ITO prior to construction. Nuise Abatement The developer should be requiced to construct noise abatement per ordinance. Typical Section. Please refer 10 the Typical Section faxed to you. Dated 10/3/05. Titled "Adjacent to residentia\- Option ¡". This typical would be appropriate for this location. If you have questions. please contact me (208) 334-8955. Sincerely, ~ ~II(~ Sue Sullivan Sr. Transportlltion Planner ss:ah Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25, 2006 Exhibit C Page 3 I Î f i .ita ~ -. =<11 ! l . H è! In Ii ¡...- . ~ :'~I¡ :~I¡ '-----, I~ ~ -. -;II It I( ..-t !L. ~=< .... ..w."'" --. f ~p l ~ « I ..., "'->:, .<AD u-- ;J ~-- ... ( ~¡----- .. n It f~ -- . ¡,-. i * !~~ þ~ V1 ;¡: , .to .to !L~ ~.. , if< ~ . i 01>- -00 ;::~ on ZITI Z "'-1 n L ! -I 0 ;:0 't1 v> ..... 0 ~ -I ;: ..... L ~ "(i ~;o U;¡ ;t m~H ¡!Ilf ~5 i~! JII! j~{ . 'p V1 ;¡: , ... ... .., ..~...... o^ ~)':' )< ...., ':J.N. .- ;t 01>-C -oO:Þ ;j~5 on:u Z T1 z..... "'-IZ -I -11'1 0::0 V1 ;:0'" 'TIn v>-t ,..."" 00 1"1% Z -t ..... Þ- ..... CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 D. Legal Description II SURVEY GROUP ::~T7J V--'} ALIG 0 q 700:1 .Me:~~¡:¡~IWC;-~--_m . SUite 150 Meridian. Idaho 83M2 Phone (208) 846-8570 Fax (209) 884-5399 ....--.-.................... Project No. 05-124 Irvine Subdivision Annexation Description RUT to R~8 June 16.2005 Revised August 8, 2005 A parcel ofland located in the West 1/2 ofthe NW 1/4 of Section 26, TAN., Rl W., 8.M., Ada County, Idaho, more particularly described as follows: BEGINNING at the corner common to Sections 22, 23, 27, and the said Section 26; Thence South 89°10'58" East, 1313.78 feet to the West 1/16 corner common to said Sections 23 and 26; Thence South 00°29'18" West, 1317.21 feet to the NW 1/16 corner; Thence continuing and along the EM! line oflhe SW 1/4 of the NW 1/4 South 00029'18" West. 60.46 feet; Thence North 89°09'47'" West, 1023.02 feet; Thence North 00°21'10" East, 270.36 feet; Thence North 89°09'47'" West, 287.51 feet to a point on the West line of said Section 26; Thence North 00°21 '10" East, 1106.88 feet to the Point ofBeginnîng. Containing 39.71 acres, more or less. D. Terry Peugh, PLS Profe~$lonal Lnnd Sufveyof$ Exhibit D Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 I I I I ¡f-~ 10 I~H ~ I 'zz ~A" ~mX - ~C). i :~~,-j _l - -- ;~i<:õ ¡iii ~1~:ZI I ~'~\~ { ,- . " , f- ~I [,- Exhibit D Page 2 i ! i .1 ;i :1 ~i i ,~. ,', "" , r' --- --,-- ---- . I J I i j ! : r .--- -0- -- .~<-. . III i Jlil II ii ¡ -II ¡ i I ¡ I ¡¡-... ~ 11I11II:1'! t 11II t'," l,ft¡I,m: !' I ,IT e "I...~œ.. "'1 11 lt¡II :W II! 'II ,11 I I ..,.iI 111" II ~ li¡'llr 1M '~III'I!!1 ~ 2 - !II'" I ~ . I . , I' ~ "."...'. """ " þ ìt~~ ~m c:: 0<' G\ ~~ ,:;;¡ ;¡g <J>% ." Si ~ ~[ ..___n_..' i I I , i I I ,. i I~ /1 - I I I , í i oil ~!- ¡¡ ~: I ;~ , i I \. I I, ' I~ I;I~ ,..J, -.: I I '" f "Î" .~: I' I. />. Ii! ~ ~ ~I,~g k_~ír" ¡~~?~- h~~~, ,"';- , '" CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 E. Required Findings from Zoning Ordinance Annexation Findings: UDC 11-5B-3E 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8 Medium Density Residential District. The Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII ofthe Comprehensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. The Council [rods that the requested residential zoning designation, R-8, is hannonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the SE comer of Chinden Blvd and Ten Mile Roads to be "Low Density Residential", this is also consistent with the request for a 'Step-up' to the medium density residential designation and the future North Meridian Comprehensive Plan Amendment. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally confonns to the goals, objectives, and action items contained in the Comprehensive Plan for these low density areas with a request for a 'step up' in density. The Council frods that the proposed zoning is in general confonnance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP~05-049- Revised dated Jan 19, 2006). The Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. The Council finds that the single-family homes would be allowed (pennitted) within the requested R-8 district. The entire site is being proposed as residential and upon build-out the Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed units which will be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. The Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses north of the site in Spurwing development and the adjacent subdivisions also in the medium or low density comprehensive designations. The Council finds that the proposed development will change the existing character ofthe area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. The Council does not find that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, the Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code Exhibit E Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 provlSlons. The Commission and Council rely on any oral or written testimony that may be provided when detennining this finding. D. 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, There have been no recent street improvements in the area. The abutting roadway Ten Mile Road is not in ACHD's Five Year Work Program or CIP (20-year plan) for road widening. Silver leaf and Bainbridge Subdivision to the south and west have been tentatively approved for development similar to what is being proposed with Irvine Subdivision. The subject property is generally surrounded by rural residential acreages. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. The Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On February 12, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, the Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. The Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. 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. E. The annexation is in the best of interest of the City (UDC 11-5B-J.E). Due to the residential nature of the !!eneral vicinitv. the project's conformance to the Unified Development Code. and the applicant's agreement to abide by the conditions of approval contained in this staff report. the Council finds that the annexation and zonin!! of this property to R-8 would be in the best interest of the Citv. 2. Preliminary Plat Findings: In detennining the acceptance of a proposed subdivision, the Council shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. Exhibit E Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF APRIL 25,2006 B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and The Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD and ITD consider road safety issues in their analysis. 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 staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways which are existing on this site. Exhibit E Page 3