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HomeMy WebLinkAboutEllensburg Subdivision AZ-05-051 PP-05-052 CUP-05-047 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LA WAND DECISION & ORDER RECEIVED MAY 0 4 2006 .1 ~eridian , " Office c«e;;d¡);n .~;\ I IO.\1iO !i \.-' J \::tf.,\- ~ I ""<"":1"1' . v""'~'~J,.i .( '~'...._-'.'!:@~-_...-- "\»I In the Matter of Annexation and Zoning of 12.84 acres from RUT to R-15 AND Preliminary Plat approval request for 41 residential building lots and 4 common/other lots AND Conditional Use Permit for a Planned Development for a multi-family development with reductions to the required street frontage in the proposed R-15 zone, by Centennial Development. Case No(s): AZ-05-051, PP-05-052 and CUP-05-047 For the City Council Hearing Date of: February 28, 2006 (approved on April 25, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of February 28,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of February 28,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of February 28, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of February 28,2006 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan 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 § II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-051 / PP-O5-052 / CUP-O5-047 - PAGE I of 5 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, Site Plan, Landscape Plan, and the Conditions of Approval all in the attached Staff Report for the hearing date of February 28,2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated September 13, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated September 13, 2006 is hereby conditionally approved; and, 3. The following modifications to site specific conditions were made at the City Council hearing: a. The aoplicant shall install 6 foot solid cedar fencin2 alon2 the western property boundary. b. The applicant shall orovide access from the subject prooertv to the school site to the north. The applicant shall provide a letter from the Namoa Meridian Irril!ation Distrit approviU2 such access. includiu2 side rails on the brid2e. 4. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of February 28,2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the City. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-051 / PP-O5-052 / CUP-O5-047 - PAGE 2 of5 During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditions use permits that also require platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one (1) year from the original date of approval. If the successive phases are not submitted within the one (I) year interval, the conditional approval of the future phases shall be null and void. Upon written request and filed by the applicant prior to the termination of the period in accord with II-5B-6.G.I, the Director may authorize a single extension of the time to commence the use not to exceed one (1) eighteen (18) month period. Additional time extensions up to eighteen (18) months as determined and approved by the Commission may be granted. With all extensions, the Director or Commission may require the conditional use comply with the current provisions of Meridian City Code Title 11. 2. 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 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 I1-6B- 7.A, the Director may authorize a single extension oftime 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 II. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-051 / PP-O5-052 / CUP-O5-047 - PAGE 3 of5 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 February 28,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-051 / PP-O5-052 / CUP-O5-047 - PAGE 4 of5 By action ofthe City Council at its regular meeting held on the /1! tlJ ' 2006. COUNCIL MEMBER SHAUN WARDLE VOTED ~ COUNCIL MEMBER JOE BORTON VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBER KEITH BIRD VOTED ¥ q f'!J.. day of TIE BREAKER MAYOR TAMMY de WEERD -- VOTED ~~ WILLIAM G. BERG, JR., CIT ~ ATTEST: Copy served upon: By: Dated: 6 ~ \0 .. Otp CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-O5-051 / PP-O5-052 / CUP-O5-047 - PAGE 5 of5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 STAFF REPORT ! City Council Hearing F"'..U /' "", ," .~ Hearing Date: 2/28/2006 (Approved 4-25-06) \.-7\Ilðrld/Cfn Ii'/ " II.J.\HO D TO: FROM: SUBJECT: Mayor, City Council Josh Wilson, Associate City Planner Ellensburg Subdivision MAY 0 ~ 2006 . AZ-05-051 City Of Meridian Annexation and Zoning of 12.84 acres from RUT to R-15 zot!jity Clerk Office . PP-05-052 Preliminary Plat of 41 building lots and 4 common lots on 12.84 acres in a proposed R-15 zone . CUP-05-047 Conditional Use Pennit for a 164 unit multi-family development in an R-15 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Centennial Development, has applied for Annexation and Zoning (AZ) of 12.84 acres from RUT (Ada County) to R-15 (Medium-Low Density Residential), Preliminary Plat approval of 41 buildable lots and 4 common lots, and Conditional Use Pennit (CUP) approval for Planned Development for a 164 unit multi-family development with reductions to the minimum street frontages. The site is located west ofN. Ten Mile Road, and north ofW. Pine Avenue. This site cuaently contains vacant land. NOTE: The subject applications were originally on the November 3. 2005 Planning and Zoning Commission agenda. The applications have been continued twice. due to a delav in the Traffic Impact Study and failure to post public notice on the site. These applications were originallv submitted prior to the CitY adopting the Unified Development Code (ODC). This project is being reviewed under the previous development provisions of Titles 11 and 12 of Meridian City Code (MCC); however, Staff does discuss how the new UDC standards for multi-family development relate to the proposed project. 2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the item on January 19, 2006. At the public hearing they moved to recommend approval. a. Summary of Public Hearing: i. In favor: Shawn Nickel ii. In opposition: Rich Jensen iii. Commenting: Laura Wilder IV. Staff presenting application: Josh Wilson. v. Other staff commenting on application: Mike Cole. b. Key Issues of Discussion by Commission: i. The new UDC requirements for multi-family developments. ii. The extension ofW. Pine Avenue c. Key Commission Changes to Staff Recommendation: i. Modify Condition 1.29 to reference Right to Fann Act. ii. Modify Condition 1.1.6 to add reference to Ten Mile Road. iii. Add Condition 1.3.7 which states: The development shall comply with the multi- family standards contained in UDC 11-4-3.27B. Ellensburg Subdi vision AZ-05-0S1, PP-O5-052, CUP-O5-047 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 iv. Add Condition 1.3.8 which states that the building elevations shall comply with UDC 11-4-3.27E. v. Add Condition 1.3.9 which states: The applicant shall work with City staff to provide fencing between the W. Pine Avenue extension and the private road. VI. Add condition 1.3.10 which states: The applicant shall modify the preliminary plat to add an easement for a walking path extension to the neighboring property to the northwest. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTIONS Approve (All Applications) I move to approve File Numbers AZ.05-051, PP-05-052, and CUP-05-047 as presented in the staff report for the hearing date of February 28,2006, and the preliminary plat dated September 13, 2005 with the following modifications to the conditions of approval: (add any proposed modifications). Deny (All Applications) I move deny File Numbers AZ.05-051, PP-05-052, and CUP-05.047 as presented in the staff report for the hearing date of February 28, 2006, and the preliminary plat dated September 13, 2005 for the following reasons: (you must state specific reasons for denial). Continue (All Applications) I move to continue the public hearing for File Numbers AZ-05-051, PP-05-052, and CUP-05-047 to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: North ofW. Pine Avenue, west ofN. Ten Mile SE ~, NE ~, Section 10, T3N R1 W b. Owners: 1. Centennial Development 36 E. Pine Avenue Meridian, Idaho 83642 2. Rodney Shaul 775 N. Ten Mile Road Meridian, ill 83642 c. Applicant: Centennial Development 36 E. Pine Avenue Meridian, ill 83642 d. Representative: Shawn Nickel, SLN Planning e. Present Zoning: RUT f. Present Comprehensive Plan Designation: Public/Quasi-Public Ellensburg Subdivision AZ-O5-051, PP-O5-052, CUP-O5-047 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARJNG DATE OF FEBRUARY 28,2006 g. Description of Applicant's Request: l. Date of Preliminary Plat (attached as Exhibit AI): September 13, 2005 2. Date of Landscape Plan (attached as Exhibit A2): September 9,2005 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 16, 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 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: January 2 and 16, 2006 e. Radius notices mailed to properties within 300 feet on: December 23, 2005 f. Applicant posted notice on site by: January 9, 2006 6. LAND USE a. Existing Land Use(s): Vacant land b. Description of Character of Surrounding Area: A diverse mix of existing single family residences, City park, rural residences, vacant land and an approved multi-family development. c. Adjacent Land Use and Zoning 1. North: Existing single family residences in Mosher's Fann Subdivision and Chaparral Elementary School, zoned R-8. 2. East: Approved Sornmersby multi-family development, zoned L-O and R-15. 3. South: Rural residence and vacant land, zoned RUT (Ada County). 4. West: Rural residence and vacant land, zoned RUT (Ada County). d. History of Previous Actions: None; e. Existing Constraints and Opportunities 1. Public Works Location of sewer: Planned to be in the northwest quarter of the property via a City of Meridian sewer project. Location of water: In the intersection ofTen Mile Road, and Pine Avenue. Issues or concerns: be allowed. 2. Vegetation: None. Sewer being routed through the drainage pond shall not 3. Flood plain: NA 4. Canals/Ditches Irrigation: The property is bounded on the north by the Ten Mile Stub Ellensburg Subdivision AZ-05-051, PP-05-052, GUP-05-047 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 Drain. 5. Hazards: None. 6. Proposed Zoning: R-15 7. Size of Property: 12.84 acres f. Subdivision Plat InfoImation 1. Residential Lots: 41 2. Non-residential Lots: N/A 3. Total Building Lots: 41 4. Common Lots: 4 5. Other Lots: N/A 6. Total Lots: 45 7. Open Lots: 4 8. Residential Area: 12.84 acres 9. Gross Density: 12.77 units per acre g. Conditional Use InfoImation 1. Non-residential square footage: NA 2. Percentage of site devoted to landscaping: 1.67 acres (13%) 3. Number of Residential units: 164 h. Proposed and Required Non-Residential Setbacks: per the R-15 zone R-15 Standard Proposed Front (Living) 15 feet 35 feet Side 5 feet 5 feet Rear 15 feet 45 feet Max. Building Height 40 feet not specified Min. Street Frontage 50 feet 0 feet i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The access to the development will be through two curb cuts to W. Pine Avenue, which will be extended to the western edge of the property. Please see ACHD report for details. 7. COMMENTS MEETING On October 14, 2005 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map designates the property as "Public/Quasi Public" and it is currently zoned RUT. Public/Quasi Public is defined as "Areas are designated to preserve and protect existing private, municipal, state, and federal lands for area residents and Ellensburg Subdivision AZ-O5-051, PP-O5-052, CUP-O5-047 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 visitors (emphasis added)." Proposals on lands designated on public and quasi-public should be considered by the surrounding land uses. While the Comprehensive Plan Future Land Use map does not explicitly support the proposed zone change, staff finds that there is a strong argument that the Comprehensive Plan policies do support the proposed zone change. A key component of this argument is the relative flexibility of Meridian's Comprehensive Plan as described in Chapter I, Section B of the Comprehensive Plan. 'The Meridian Comprehensive Plan is an official policy guide for decisions concerning the physical development of the community. It indicates, in a general way, how the community may develop in the next five to ten years." Furthennore, in Chapter VII, Section C Future Conditions states the following: "Figure VII-2 [The Comprehensive Land Use Map] depicts desired future land use categories and their location within the Impact Area. The areas depicted on the map are conceptual and, therefore, will require further analysis prior to the creation of a zoning map." In addition, the lands immediately to the east and south of the property are designated Mixed-Use Community on the Future Land Use map, and there is a very large area of land designated as Mixed-Use Regional around the future Ten Mile interchange on 1-84 to the south. These properties to the south are anticipated to develop as a mix of commercial and high density residential projects and Staff fmds that the proposed medium high-density development will act as a suitable transitional use from the medium-density properties to the north to the anticipated higher intensity developments to the south. The location of a medium-high density development adjacent to what will soon become a major transportation coaidor and connection to 1-84 is supported by the Comprehensive Plan. The following Comprehensive Plan policies apply to the subject application: 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 applicant'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. . . . . 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. . 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). Ellensburg Subdivision AZ-05-051, PP.05-052, CUP-O5-047 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 This proposal meets the Comprehensive Plan definition of high-density, with a gross density of 12. 77 dwelling units per acre and adds to the variety of housing in Meridian. Designate specific areas with adequate public services for high density residential (Chapter VII Goal V Objective A, Action 1). The proposed development is adequately served by public services. . Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares (Chapter VII Goal V Objective A, Action 14). . The proposed development is near a community park and an elementary school, and is located on a Collector Roadway adjacent to an Arterial Roadway, which will soon have direct access to 1-84. . Provide for a wide diversity of housing types (singIe.family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development (Chapter VII Goal V Objective A, Action 4). The applicant has proposed a multifamily development, which adds to the diversity of housing in Meridian. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists apartment houses as conditional use in the R .15 zoning district. b. Purpose Statement of Zone: Medium High Density Residential District: The purpose of the R-15 district is to pemút the establishment of medium-high density single family attached and multi family dwellings at a density not exceeding (15) dwelling units per acre. All such districts must have direct access to transportation arterial or collector, abut or have access to park or open space corridor, and be connected to the Municipal water and sewer systems of the City. The predominant housing types in this District will be patio homes, zero lot line single- family dwellings, townhouses, apartment buildings and condominiums. 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 multifamily development. Please see Exhibit D for detailed analysis of facts and findings. The annexation legal description submitted with the application (prepared on September 22, 2005 by Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Ellensburg Subdivision AZ-05-051, PP-05-052, CUP-O5-047 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 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. 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 multi-family? residential products. Please see Exhibit D for detailed analysis of facts and findings. 1. Street Buffer alon!! W. Pine Avenue and N. Ten Mile Road: The applicant has proposed a 20-foot landscape buffer along W. Pine Avenue and a 20-foot buffer is required by ordinance. A 25-foot landscape buffer is required along N. Ten Mile Road and the applicant has proposed a 25-foot landscape buffer. The effective buffer along N. Ten Mile Road is much larger, due to the location of common open space between the proposed development and N. Ten Mile Road. 2. Landscapin!! and Open Space: Staff is supportive of the proposed landscaping design. The applicant is proposing to set aside 1.63 acres (13% of the property), exclusive of required landscaping, for open space, which meets the requirements of MCC 12-13-16 which requires that multi-family developments shall provide common open space that equals or exceeds 10% of the gross land area of the development. All common lots which are approved as open space, and will function as drainage areas, shall be vegetated and usable by residents. 3. Pressure Irri!!ation: 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 [mal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. 4. Fencin!!: The applicant shall submit a detailed fencing plan with the [mal plat application for the subdivision. Ifpermanent 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 MCC 12-4-10. 5. Micro-paths: All micro-paths shall be constructed in accordance with MCC 12-13-15. 6. Common Areas: Maintenance of all common areas shall be the responsibility of the Ellensburg Home Owners' Association. 7. Ditches. Laterals. and Canals: There are existing irrigation ditches that run along the perimeter of this parcel. The Ten Mile Stub Drain runs along the northern boundary of Ellensburg Subdivision AZ-05-051 , PP-05-052, CUP-O5-047 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 this site. Natural watelWays or drains are allowed to remain open and Staff recommends that the City not require the applicant to tile the Ten Mile Stub Drain abutting this site. Per MCC 12-4-13 all inigation ditches, laterals or canals, exclusive of natural watelWays, the Ten Mile Stub Drain and watelWays being used as amenities, that intersect, cross or lie within the area being subdivided shall be covered. 8. Private Streets: The proposed private streets meet the standards set forth in UDC 11-3F-4 and the applicant shall submit private street applications to the Meridian Planning Department for each of the three proposed private streets prior submittal of the fmal plat for the subdivision. CONDITIONAL USE PERMIT 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 development and it will promote the best interests of the City of Meridian. Please see Exhibit D for detailed analysis of facts and findings. 1. Planned Development: The applicant has requested reductions to the required frontage requirement of the R-15 zone, which is 50 feet. The applicant has proposed 0 feet of frontage for the residential lots in the subdivision, and all building lots will front on a drive aisle contained on Lot 2, Block 1. 2. Elevations: The applicant has submitted elevations for the proposed buildings and all construction will substantially comply with the submitted building elevations. 3. Amenities: MCC 12-6-2 requires that Planned Developments shall provide at least 2 amenities. The applicant has proposed a total of four amenities: pool, walking trails, clubhouse, and tot lot. The Commission and Council should detenrune whether the proposed four amenities are commensurate to the size of the development and meet the intent of the Planned Development guidelines. 4. Private Open Space: MCC 12-6-2-4 requires that each dwelling unit shall have at least 100 square feet of usable private open space, such as a patio or deck. 5. New Multi-Family Standards: The subject applications were submitted prior to the adoption of the Unified Development Code on September 15, 2005 and are being considered under the provisions of Titles 11 and 12, which were the previous zoning and subdivision ordinances. Staff feels that it is important to consider the standards that the development would be required to meet if the application were turned in after September 15,2005. The standards and staff analysis (in italics) are as follows: i. Multifamily Standards: UDC 11-4-3.27B: 1. Setbacks: Buildings shall provide a minimum setback of 10 feet, unless a greater setback is othelWise required by the UDC. The project complies with this standard as submitted. 2. Service areas: On-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer or utility vaults shall be fully screened from view from any public street. The project complies with this standard as submitted. 3. Private, usable open space: A minimum of 80 square feet of private, usable open space shall be provided for each unit. The project complies with this standard as submitted. Ellensburg Subdivision AZ-O5-051, PP-05-052, CUP-O5-047 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 4. Developments with 20 units or more shall provide the following: A property management office, a maintenance storage area, a central mailbox location, and a directory and map of the development at a convenient location. The application has not proposed any of these items to be included in the development. ll. Covered Parking: UDC ll-3C-6 requires that multifamily developments shall provide parking as follows: for 1 bedroom units, there shall be two parking spaces with one in a covered carport or garage; and for units with more than one bedroom, 2 parking spaces shall be provided in a covered carport or garage. The applicant has not proposed any covered parking. 111. Amenities: UDC 11-4-3.27 requires that multi-family developments of 75 units or more shall provide 4 amenities, with at least one from each category, and that "for multi-family developments with more than 100 units, the decision-making body shall require additional amenities commensurate to the size of the proposed development." The project complies with this standard as submitted, by providing the following qualifYing amenities: 1. pool; 2. walking trails; 3. clubhouse; 4. tot lot; and 5. grassy area of at least fifty feet by one hundred feet. lV. Open Space: Common open space for the development shall meet the requirements ofUDC ll-4-3.27C which requires that open space be provided at the following rates: 150 square feet for each unit containing 500 square feet or less of living space; 250 square feet for each unit containing more than 500 square feet and up to 1,200 square feet of living space; and 350 square feet for each unit containing more than 1,200 square feet of living space. Eligible common space shall not be less than 400 square feet in area and shall have a minimum length and width of 20 feet. Eligible common space shall not be adjacent to collector or arterial streets unless separated from the street by a constructed baITier at lest four feet in height. The project appears to comply with this standard as submitted, but staff has inadequate information to be certain. v. Elevations: Building elevations for the development shall comply with the architectural standards set forth in UDC 11-4-3.27D. The submitted elevations do not appear to meet these standards. Staff recommends that the Commission and COlU1cil consider the above stated reQuirements for multi-family developments submitted under the Unified Development Code and determine if the subject proposal should be subject to some or all of said reQuirements. As a Conditional Use Permit, the Commission and Council mav include anv conditions deemed necessary to insure compatibilitv of the development with other uses in the vicinity and such additional safel!Uards as are necessary to uphold the intent of the Ordinance. b. Staff Recommendation: Staff recommends approval of AZ-05-05l, PP-05-052, and CUP-05- 047 for Ellensburg Subdivision as presented in the staff report for the hearing date of February 28, 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 this recommendation. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: September 13, 2005) Ellensburg Subdivision AZ-05-051, PP-05-052, CUP-05-047 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 2. Landscape Plan (dated: September 9, 2005) 3. Building Elevations (dated: B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Ellensburg Subdivision AZ-05-051, PP-05-052, CUP-05-047 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 A. Drawings 1. Preliminary Plat (dated: September 13, 2005) I ~ , .. .,' I iJt ~!'¡ ~^ f ¡!.:, ¡'<It ^ ^ i.lit \ i¡i:~t {~'I^ Ii: ii^ I ,11:1 . I -/ I ' I., ¡;,I." I - ~ ~þ . t III ¡ 'II ' j I ¡ " I ;! /..... I If ¡ I II ~'II! ,'Ulm:l'~iIIUU q 'f Ii -,;(Iilm: I fI i ¡fill I j ().,. "'18>.. '.'1' 1- "-, I IIJllliP:P: q¡ "U! ,!{ ! I . I '" , "1"1'1'1=1 ,1 !. II m,;d.' ii - I !!'IJ~!i:.1 al--'- )-------- I fi" S"III ~~ n: .~i' íli,~1 (i l~1 N !m!! i! II --",-.J 'I :....111 I I . ,.1 !~!I:i :i __-.i,__~ -- - " ,~ 'I; ~ 11i.$"r--m ,:>:;.:..:::: '- 'r iaI ; 'I~ . ,-- ,- . .. ,Ia ... :,:':::-:-~"::"",-'-~:--:::"-.:r~.,I"" ~~ ~I \ I: p.- !R ;! ~.'---- :~;ii-I~!,\,'!!II~~ jf ¡;! ¡;¡1~ ~~Z: ',. 1'.' ! !~¡'I~iH ':' ~p I'f- ... q ¡ I rO ~ "f "'< ~'I! ~ ~¡¡ ~~ Vi l Ii r ¡ "I ::I. ) ..~ I oj lis ~ -.' ì . , '^ ~ 1¡~jl¡P¡~¡I:HM¡¡¡¡¡¡¡!'I¡ ~ ¡ 'I -, ~}_. -'j~ ~ ~.. ' j LlJ~ fmr!;¡ ~ ; -. ; ',\ ! I~ 1- ~ :Ir--- Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 2. Landscape Plan (dated: September 9, 2005) '" ~ ~~~ i¡ ~ t ~:;. ,Ii ~ ~~ Q.. I~f I ~ b;~. ~ .5a" I' ~ ;fi ,..}J r t¡ g h ;:;¡ .. ;:¡ r.J 0:: ø.. " " \ :,:~ i :'L: 't. " I, k,*-.,_,- r"'~ -'~;-' '::-'" ... Exhibit A 1:-; .. " "., i':')': t'~)'!\f},i""I'_I"'t]"'n t , ,! ", ',' "'i, '~',,',,','..., ',:l " , I 'J " z" -¡"')'t : "'.J1t"r1' ,¡¡tr~-'}'(~-b'\ ' "~ ! \' ""fÐrI.:;1,,'I') 'J' ,MYn'~7\- "'" î ,'" ---,.. _._--,-..\.:/_.._~ - u..-----_:.~.:;"L_~_:'" , ¡ ., I '¡':" ,-"-~~",,,---,,~" " ~: "I" ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 3. Building Elevations (dated: Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 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 1.2 1.2.1 1.2.2 1.2.3 1.2.4 Exhibit B SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT The preliminary plat/CUP site plan labeled as PP-l prepared by Bailey Engineering, dated September 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-05l) and Conditional Use Permit (CUP-05-047) shall also be considered conditions of the Preliminary Plat (PP-05-052). The applicant shall submit private street applications to the Meridian Planning Department for each of the three private streets prior to submittal of the [mal plat for the subdivision. All road drainage shall be contained on site in the drainage lots as depicted. Maintenance of all common areas shall be the responsibility of the Ellensburg Subdivision Homeowners' Association. All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, 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. Other than the public street access approved by ACHD, direct lot access to W. Pine Avenue and Ten Mile Road is prohibited. A note shall be placed on the final plat restricting access to W. Pine Avenue and Ten Mile Road. GENERAL REQUIREMENTS-PRELIMINARY PLAT Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 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 MCC 12-13-8 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 permanent 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 MCC 12-4-10. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 1.2.5 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. 1.2.6 All ilTigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-13, 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. 1.2.7 Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 1.2.9 Add a note to the plat which references the Right to Fann Act. 1.3 SITE SPECIFIC CONDITIONS-CONDITIONAL USE PERMIT 1.3.1 1.3.2 1.3.3 1.3.4 1.3.5 1.3.6 1.3.7 1.3.8 1.3.9 The CUP site plan/preliminary plat labeled as PP-I, prepared by Bailey Engineering, dated September 13, 2005, is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05-051) and Preliminary Plat (PP-05-052) shall also be considered conditions of the Conditional Use Pennit (CUP-05-047). A minimum of 100 square feet of private, usable open space shall be provided for each unit. The approved and required amenities are as follows: 1. swimming pool; 2. clubhouse; 3. pedestrian pathways; and 4. tot lot The following exception to the dimensional standards is approved with the Planned Development: 0 feet of frontage on a public street. Except as noted herein, the project shall conform to the R-15 dimensional standards and setbacks. Construction within Ellensburg Subdivision shall substantially comply with the elevations submitted by the applicant. Construction materials used on the structures shall be approved by the City of Meridian Building Department and in accordance with the most recent Uniform Building Code. The development shall comply with the multi-family standards contained in UDC 11-4-3.27B. The building elevations shall be revised to comply with UDC 11-4.3.27E. The applicant shall work with City staff to provide fencing between the W. Pine Avenue extension and the private road. 1.3.10 The applicant shall modify the preliminary plat to add an easement for a walking path extension to the neighboring property to the northwest. 1.3.11 The applicant shall install 6 foot solid cedar fencin2 alon2 the western prooertv boundary. 1.3.12 The applicant shall orovide access from the subject orooertv to the school site to the north. The aoolicant shall provide a letter from the Nampa Meridian Irri2ation Distrit auurovin2 such access. includin2 side rails on the brid2e. Exhibit B 2.6 2.7 2.8 2.9 2.10 2.11 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned to be extended to the northwest portion of this property from a City sewer project. The applicant shall comply with the master sewer plan for this area. The applicant shall install mains to and through this development, including extending a sewer stub through the middle drive aisle; applicant shall coordinate main size and routing with the Public Works Department, and execute standard fonus of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in confonuance of City of Meridian Public Works Departments Standard Specifications. The applicant shall reroute the sewer around the proposed drain lot, or move the drainage area. No sewer main shall be routed through drainage ponds. Water service to this site is being proposed via extension of mains in the intersection ofTen Mile and Pine. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard fonus. Submit an executed easement (supplied by Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" xlI" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2 2.3 2.4 2.5 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 yeaHound source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. Dedicate a blanket City of Meridian sewer and water easement, and cross access easement over all of Lot 2, Block 1. All existing structures shall be removed 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. 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 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 be recorded, prior to applying for building permits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized iaigation, 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 determined during the plan review process, prior to signature on the final plat per Resolution 02-374. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. All grading of the site shall be perfonned in confonnance with MCC 11-12-3H. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3.feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 3. FIRE DEPARTMENT 1. Acceptance of the water supply for flYe protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 Exhibit B 2. Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle. b. The Fire hydrant shall not 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 permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet ofthe project. 3. All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 4. 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. 5. For all Fire Lanes, provide signage "No Parking Fire Lane". 6. Operational fife hydrants, temporary or pennanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 7. The proposed multi-family lot has an estimated 164 units with a total estimated population of 475 residents at build out The Meridian Fire Department has experienced 2612 responses in the year CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. 8. The rust digit of the Apartment/Office Suite shall coITespond to the floor level. 9. 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 Vicki Heugly at 898-5500 to address this concern prior to the public hearing. 1 O. 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 ftre apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 11. All R-2 occupancies with 3 or more units shall be required to be fue sprinklered. 12. There shall be a fire hydrant within lOO' of all Fire Department connections. 13. Buildings over 30' in height are required to have access roads in accordance with Appendix D Section D1O5. 14. Emergency response routes and fue lanes shall not be allowed to have speed bumps. 15. Pool chemicals shall be stored in compliance with the International Fire Code. 4. POLICE DEPARTMENT 1. Prior to release of building permits, the applicant shall submit a parking plan for all off~street parking in the multi-family development to the Planning and Zoning Department. All parking spaces shall be assigned to a speciftc dwelling unit or for guest use. The parking space identification shall use a different numbering system than the dwelling units. 5. PARKS DEPARTMENT No comment received. 6. SANITARY SERVICE COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certiftcate of zoning compliance application. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 7. AOACOUNTYßIGHWAYDISTRICT Exhibit B location meets District policy in regard to width and location and should be approved with this application. c. Site Specific Conditions of Approval 1, Dedicate 48-feet of right-of-way from the centerline of Ten Mile Road abutting the parcel by means of a warranty deed. 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 first Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground. in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), If funds are available. 2, Provide the District with a road trust deposit in the amount of $2,780.00 for the construction of 139. linear feet of 5400t concrete sidewalk abutting the site. 3, Construct the new Pine Avenue intersection as 36-feet of pavement with vertical curb. gutter and a S~ foot attached concrete sidewalk on the north side of the roadway within a total of 50-feet of right-of. way. Taper the roadway down to 24-feet of pavement with vertical curb, gutter and a 5-foot attached concrete sidewalk on the north side of the roadway with a 3-foot gravel shoulder and an adequately sized barrow swale on the south side of the roadway within a minimum of 40-feet of right-of-way. Front on housing and direct lot access to Pine Avenue will be restricted in accordance with District policy. 4, Construct Pine Avenue as a stub street to the west property line. as proposed. District staff is supportive of the applicant's proposal. Construct a temporary turnaround at the tenninus of Pine Avenue and Install a sign at the terminus of the roadway that states, "this road wHl be extended in the future." 5. Construct a 35-foot wide driveway that intersects (new) Pine Avenue approximately 430-feet west of Ten Mile Road, as proposed, 6. Construct a 3S-foot wide driveway that Intersects (new) Pine Avenue approximately 1 OS-feet east of the west property line. as proposed. 7. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 1. 2. 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, 3, All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer, 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaÇJf':d 11U(:09 the construction of In/;-; proposed development Corda,.;;! Construction Selvice, dt 381--6280, w-Ih nI," number) for details, 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 Exhibit B 5, Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the Dìstrict, Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details, All design and construction shall be in accordance with the Ada County Highway District POlicy Manual. ISPWC Standards and approved supplements. Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. 7. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits). which incorporates any required design changes" 8. 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. 9. 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. 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. 10. 11. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances. plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use Is sought. 12. E. Conclusions of Law 1. The proposed site plan is approved. if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1, Vicinity Map 2, Site Plan 3. Request for Reconsideration Guidelines 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 C. Legal Description i IDAHO SURVEY GROUP 1450 Ea~L Watertower St Suite 150 Meridian, Idaho 83642 "",--""..--_.", .",,--, .._----",---, ----"-----"-_"'--"----..."-----"._-.."..__..""",--",,. Phone (208) 846-6570 fax (208) 884-5399 -""---"-----"'-"'-"'--""'---"""'-'------------.".... Project No 05-102 Ellensburg Place June 16, 2005 A parcel of land located in the 5e 1/4 of the NEJ/4 of Section 10, T,3N..., R3W, ß,M" Ada County, Idaho, more particularly described as follows Commencing at the East 1/4 corner afaaid Section 10, from which the North 1/16 corner common to Section II and the said Section 10 bears North 89°32'05" West, 25,00 feet to the REAL POINT OF BEGINNING. Thence continuing North 89°32'05" West, 130281 feet to the C-E 1/16 comer; Thence along the West line of the SE 1/4 of the NE 1/4 North 00°07'50" East, 65442 feet to a point in the Ten Mile Drain; Thence along the center of said Drain South 85°28' ]9" East, 126,19 feet; Thence South 65°20'07" East, 49,70 feet; Thence North 89°38'53" East, 23,00 feet; Thence South 66°35'07" East, 357.40 feet; Thence South 67°31'53" East, 85.36 feet to the Southeast comer ofMosbers Farm Subdivision, as same is recorded on Book 88 of Plats at Page 10,09]. Ada County records, Thence continuing and along the South line of said subdivision South 67°26'55" East, 27] ,80 feet; Thence South 65"57'37" East, 448,10 feet; Thence South 50° 1 0'0]" East, 52.57 feet to a point on the West right-of-way of N, Ten Mile Road. Thence along said right'of~way South O<POJ'50" West, I 39,33 teet to the Point of Beginning Containing 12.84 acres, more or less Prepared By Idaho Survey Gr¡"11l Professional Land Surveyor¡ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 .. ---"',,'------ .", """-",--..,, ---." ,.. Ii ~lT I '-"; ; ': -< :» " I, I :o'j $: ~ " 6.¡P I~:I! "'U ¡o'il ! "<ii' I I ; ~ I :' '; ,,"" " Ii /' "///- i ,r ---Y¡"-- I ~p .."'-'---"",.._-_....",,,,"_..,,-.. '--'_"",,------ ~,--", '-1'":'1"""-'-"'-'-'-"--'" """'---"-------"""""---"",-",-,,,-- '..""..-----.. "", '--""",---..,.... , "",----- ,.. - ---..,' """'-----"""-""-----j :1 I ,I I -- ,,("r¡--~~")o--..,,- >- -",--,--" ',c, ' '" ¿j :~'"J:< I!g.. IC~; Z ~z~ U'1 13~Cf) tI:1 ~.P1f07 C ~E$ ~ ~IÞ-ao o("2l>i'1"'J C1to... en. --,---- ""'----".."---,--,-,, """'--...., ,--- II I I ,," --- j" ---""..' ---,,- -:~"'\..~ ""-'" 1 I { . -)~- / // . ~~ tJj . I::' I3ta"'" 1-0-4 ¡;g~ < o~ 1-0-4 ~U'1 i~ õ ~~ z ..... 0 I ,,¡ .' ",,:-,---,,~ ""-"""'--"-----'---"""'--""" -",,-, -------., --- Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006 D. Required Findings from Zoning Ordinance I. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-15. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that multifamily residential uses are allowed within the requested zoning district of R.15 as a Conditional Use. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that confonn to the proposed zoning designation. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 2. 3. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. The annexation is in the best of interest of the City (UDC 11-5B-3.E). 5. The R-15 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion of the City limits. In accordance with the findings listed above, City Council finds that Annexation and Zonine of this property to R-15 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 findings: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed application is in substantial compliance with the CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 adopted Comprehensive Plan. Staff 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. City Council fmds that public services are available to accommodate the proposed development. (See finding Items 3 and 4 above under Armexation 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, staff finds that the subdivision will not require the expenditure of capital improvement funds. There is public financial capability of supporting services for the proposed development; 5. See finding "Items 3 and 4 above under Armexation 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 City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Conunission's attention. ACHD considers road safety issues in their analysis. The development preserves significant natural, scenic or historic features. City 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 maj or importance. 3. CUP Findings: The Commission shall base its determination on the Conditional Use Permit request upon the following: Exhibit D 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. City Council finds that the site is 12.84 acres and is large enough to accommodate all required parking, landscaping, loading and other standard regulations required by the UDC. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. City Council fmds that the proposal meets the objectives of the Comprehensive Plan as listed in Section 8 of this report. See Armexation and Zoning Findings #1 and 2 above. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006 Exhibit D 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. City Council finds that the proposed use as a multifamily development complies with the uses conditionally pennitted in the R-15 zone. The building height, parking layout, landscape buffer widths and other dimensional standards shown in the application comply with the ODC, subject to the conditions contained in this report That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. City Council finds that the proposed development will not adversely affect other property in the vicinity if the applicant complies with all CUP conditions and constructs all improvements and operates the use in accordance with the UDC standards. Staff recognizes that traffic volumes will significantly increase, but increased traffic volumes in the City of Meridian are a widespread problem that is beyond tile scope of this approval. 4. 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. City Council finds that sanitary sewer, domestic water and irrigation are available to the subject property. Please refer to other comments prepared by the Meridian Fire Department, Police Department, Parks Department, Sanitary Services Corporation and ACHD. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay highway impact fees. 7. That the proposed use will not involve activities or 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. City Council [rods that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. Staff does not believe that the amount of traffic or noise generated will be detrimental to the general welfare of the public. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. 8. City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed as proposed.