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Devlin Place - Preliminary Plat (2)
WHITE PETERSON WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E DINIUS CHRISTOPHER S. NYE JULIEKLEN FIscHEP PHILIP A. PETERSON WM. F. GICRAY, lu ERIC S. ROSSMAN BRENT J. JOHNSON TODD A. ROSsMAN D. SAmuE, JOHNSON DAvED M. SwARTLEY LARRYD.MOORE TEtRENCEEL WHITE** WILLIAM A. MORROW NICHOLAS D. WOLLEJ WILLIAM F. NICHOLS* *Also admitted in OR ** Also admitted in WA To: Staff Applicant Affected Property Owner(s) Re: Application Case No. ATTORNEYS AT LAW 200 EAST CARLTON AvE., SurrE 31 POST OFFICE Box1150 MERIDIAN, IDAHO 83680.1150 TEL (208)288-2499 FAX (208) 288*2501 E-MAIL: @WPPMa.COM January 16, 2001 PP -00-025 vlin 'P/ace Z i NAWA OFFICE 5700 E. FRANKLIN RD. SUITE 200 NAMPA, IDAHO 83687.8420 TEL. (208) 466-9272 FAX (208) 466-M5 PLEASE REPLY TO MERIDIAN OFFICE FINDINGS AND RECOMMENDATIONS OF PLANNING AND ZONING COMMISSION Staff, Applicant and/or Affected Property Owner(s): Please note that these Findings and Recommendations of the Planning and Zoning Commission shall be presented to the -City Council at the public hearing on the above referenced matter by the Planning and Zoning Administrator. Due to the volume of matters which the City Council must decide, and to insure your position is understood and clear, it is important to have a consistent format by which matters are presented at the public hearings before the City Council. The City Council strongly recommends: 1. That you take time to carefully review the Findings and Recommendations of the Planning and Zoning Commission, and be prepared to state your position on this application by addressing the Findings and Recommendations of the Planning and Zoning Commission; and That you carefully complete (be sure it is legible) the Position Statement if you disagree with the Findings and -Recommendations of the Planning and Zoning Commission. The Position Statement form for this application is available at the City Clerk's office. It is recommended that you prepare a Position Statement and deliver it to the City Clerk prior to the hearing, if possible. If that is not possible, please present your Position Statement to the City Council at the hearing, along with eight ($) copies. The copies will be presented to the Mayor, Council, Planning and Zoning Administrator, Public Works and the City Attorney. If you are a part of a group, it is stronRiv recommended that one Position Statement be filled out for the group, which can be signed by the representative for the group. Ve truly yo s, City Attorney's ice IY/ BEFORE THE PLANNING AND ZONING COMMISSION IN THE MATTER OF THE REQUEST FOR PRELIMINARY PLAT FOR DEVLIN PLACE NO.2, JUB ENGINEERS, Applicant Case No. PP -00-025 RECOMMENDATION TO CITY COUNCIL 1. The property is approximately 5.17 acres in size and is generally located on the north side of Cherry Lane, east of Ten Mile Road in Meridian, Idaho. 2. The owner of record of the subject property is Dan Wood of Boise. 3. The Applicant is JUB Engineers of Boise, Meridian, Idaho. 4. The subject property is currently zoned L -O. However, there is an application before City Council for a Rezone to R-4. The zoning of R-4 is defined within the City of Meridian's Zoning and Development Ordinance Section 11-7-2. 5. The subject property is within the city limits of the City of Meridian. 6. The entire parcel of the property is included within the Meridian Urban Service Planning Area as the Urban Service Planning Area as defined in the Meridian Comprehensive Plan. 7. The Applicant proposes to develop the subject property in the following manner: 16 residential building lots and 4 common lots. 8. There are no significant or scenic features of major importance that RECOMMENDATION TO CITY COUNCIL - 1 PRELIMINARY PLAT - DEVLIN PLACE NO.2 BY JUB ENGINEERS affect the consideration of this application. RECOMMENDATION 1. The Meridian Planning and Zoning Commission hereby recommends to the City Council of the City of Meridian that they approve the preliminary plat as requested by the Applicant for the property described in the application, subject to the following: Adopt the Planning and Zoning Administrator and Assistant City Engineer Recommendations as follows: 1.1 The main issue with the plat is that it does not include the entire 8 -acre parcel, and the City does not recognize the lot split done by D.W., Inc. During the pre -application meeting, staff recommended that the plat include the entire 8 +/- acres. The plat submitted includes only the 5.17 acres purchased by D.W., Inc. from D.D. &. F. Since the split was never done as part of a legal subdivision process, staff continues to recommend that the plat be modified to include the remnant parcel owned by D.D. & F. If, however, the Commission and Council opt to allow this plat to proceed as currently proposed, the remnant parcel will be required to do a one -lot subdivision to clean up the public record. 1.2 Applicant shall submit a letter from the Ada County Street Name Committee, approving the subdivision and street names, with the final plat. 1.3 Applicant shall coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.4 Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Conceptual engineering plans submitted with the preliminary plat indicate sewer mains with less than minimum slopes and cover. Sanitary sewer service to Lot 12, Block 1 is questionable from the system being proposed. Subdivision designer shall coordinate main sizing and routing with the Public Works Department. RECOMMENDATION TO CITY COUNCIL - 2 PRELIMINARY PLAT - DEVLIN PLACE NO.2 BY JUB ENGINEERS 1.5 Water service to this site will be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Worlcs Department. 1.6 Underground year-round pressurized irrigation shall be provided to all common landscape areas on the site. 1.7 Applicant has indicated that the pressurized irrigation system within this development is to be an extension of existing system in Devlin Place Subdivision, which is owned and maintained by the Nampa &. Meridian Irrigation District. The existing system in Devlin has a single point connection to the City's domestic water system as a secondary source of water, and therefor the developer shall be responsible for the payment of water assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 1.8 The subject parcel shown currently on the plat has no street frontage, so no street buffers would be required. However, if the remnant parcel is incorporated into the plat, a 35 -foot wide landscape buffer would be required along Cherry Lane. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The landscape buffer shall be placed within a permanent landscape easement beyond the future right- of-way and designated as such on the plat. 1.9 Applicant shall install a micropath on Lot 5, Block 5, which is currently shown as a 20 -foot sewer easement. The micropath would allow residents of the subdivision to access Cherry Lane without being forced to go around through the adjacent subdivisions. 1.10 5% common open space is required per City Ordinance 12-13-16. For the proposed 5.17 -acre subdivision, a minimum of 11,260 s.f. of open space is required. The storm drainage pond, Lot 13, Block 1 (approximately 8900 s.f.), can count toward the open space if it is designed in accordance with Ordinance 12-13-14. Lot 5, Block 5 can also count if a micropath is developed over the sewer easement in accordance with Ordinance 12-13-15. The landscape lot on Lot 20, Block 2, may also count as open space, because it is not a required street buffer, if it is planted with grass and trees for beautification of the subdivision. The applicant shall verify how they intend to comply with RECOMMENDATION TO CITY COUNCIL - 3 PRELIMINARY PLAT - DEVLIN PLACE NO.2 BY JUB ENGINEERS this requirement, and the actual area provided. 1.11 A detailed landscape plan shall be submitted for review and approval with the Final Plat application, in conformance with City Ordinance 12- 13. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. 1.12 Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans shall be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 1.13 Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non-domestic purposes such as landscape irrigation. 1.14 Applicant shall provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 1.15 All construction shall conform to the requirements of the Americans with Disabilities Act. The Planning and Zoning Commission further recommend: 1.16 Lot 13 and Lot 5 and the micropath shall be landscaped to the extent possible in compliance with City ordinance. Adopt the Central District Health Department's Recommendations as follows: 1.17 The Applicant's central sewage and central water plans must be submitted to and approved by the Idaho Department of Health SL Welfare, Division of Environmental Quality. 1.18 Run-off is not to create a mosquito breeding problem. 1.19 Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface to prevent impact to groundwater and surface water quality. RECOMMENDATION TO CITY COUNCIL - 4 PRELIMINARY PLAT - DEVLIN PLACE NO.2 BY JUB ENGINEERS 1.20 The Engineers and architects involved with the design of the subject project shall obtain current best management practices for stormwater disposal and design a stormwater management system that prevents groundwater and surface water degradation. Adopt the Recommendation of the Meridian Fire Department as follows: 1.21 All roads will be installed before building is started with appropriate street name signs. Adopt the Recommendations of the Ada County Highway District as follows: 1.22 Applicant shall extend Gemstone Drive into the site at the east property line between Lot 9, Block and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 1.23 Applicant shall extend Higan street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Applicant shall construct Higan Street as a 29 -foot street section as proposed, within 42 -feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 1.24 Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 1.25 The applicant shall be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5- foot wide concrete sidewalks within 50 -feet of right-of-way. 1.26 Applicant shall construct the turnaround to provide a minimum turning radius of 45 -feet. 1.27 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Z:\WOrk\M\Meridian\Meridian 15360M\Recommendations\PP025Devlin.wpd RECOMMENDATION TO CITY COUNCIL - 5 PRELIMINARY PLAT - DEVLIN PLACE NO.2 BY JUB ENGINEERS MAYOR Robert D. Come CITY COUNCIL MEMBERS Ron Anderson Keith Bird Tammy deWeerd Cherie McCandless January 8, 2001 i HUB OF TREASURE VALLEY A Good Place to Live CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 888-4433 • Fax (208) 887-4813 City Clerk Office Fax (208) 888-4218 Dan Wood D. W., Inc. 13141 W. Bluebonnet Court Boise, ID 83713 RE: Preliminary Plat Approval for Devlin Place Subdivision No. 2 Dear Mr. Wood: LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPARTMENT (208) 884-5533 • Fax 888-6854 This letter is to confirm that the City of Meridian's Planning & Zoning Commission recommended approval on the Preliminary Plat application for the subject property at their 1/4/01 meeting. Sincerely, CITY OF MERIDIAN • �-car^-Yl..l Shari Stiles Planning Director/Zoning Administrator Cc: Daren Fluke, J -U -B Engineers, Inc. IP LaserJet 3100 oEND CONFIRMATION REPORT for 3rinter/Fax/Copier/Scanner 208 888 6854 Jan -8-01 9:08AM Job Start Time Usage Phone Number or ID Type Pages Mode Status 193 1/ 8 9:08AM 012411 208 323 9336 Send .............. 1/ 1 EC 96 Completed........................................ lota.L u•z4- rages Sent: 1 Pages Printed: 0 wary 8, 2001 a Wood W., Inc. 141 W. Bluebonnet Court ise, ID 83713 Preliminary Plat Approval for Devlin Place Subdivision No. 2 or Mr. Wood: is letter is to con&m that the City of Meridian's Planning & Zoning Commission ;ommended approval on the Preliminary Plat application for the subject property at it 1/4/01 meeting. Y OF MERIDIAN —t-` C "Stiles Irving Director/Zoning Administrator Daren Fluke, J -U -B Engineers, Inc. NUB OF TREASURE VALLEY MAYOR AC—d Place to Live MT LrOAL499-r 222 (208)288.2499 • Pu 288-2501 Robert D; Conic CITY OF MERIDIAN Pa9L10 WOR2tS COVNCI MPMBERS aUIWING UPPARTMeNT Ron An{t 0. 33 PAST IDAHO (208) 887.2211 • Pu a87-1197 Kcy MERIDIAN, IDAHO 83642 w ow (208) 888.4433 • Pu (208) 887-4813 PLANNMO AND ZONING DEPARTMP Txn MdrJndlns CityClak Office Pu (208) 889-4218 (208), • 988b85a wary 8, 2001 a Wood W., Inc. 141 W. Bluebonnet Court ise, ID 83713 Preliminary Plat Approval for Devlin Place Subdivision No. 2 or Mr. Wood: is letter is to con&m that the City of Meridian's Planning & Zoning Commission ;ommended approval on the Preliminary Plat application for the subject property at it 1/4/01 meeting. Y OF MERIDIAN —t-` C "Stiles Irving Director/Zoning Administrator Daren Fluke, J -U -B Engineers, Inc. Meridian Planning and Zoning Co asion Meeting January 4, 2001 Page 29 Nary: I would move the approval of CUP 00-054 the request for Conditional Use Permit to construct a new Meridian City Police Station in an R-8 zone by Lombard -Conrad Architects south of Franklin Road and west of Locust Grove. It appears to be the following amendment to the site-specific comments of the staff that in comment number 12 that the applicant has indicated they were going to put eight -foot fencing around the property. Wrought iron I n the front and chain link in the back. Simply make note they must request a fence variance to construct a fence beyond six-foot in the R-8 zone. Other than that I think all the other staff comments we ask just simply be included as part of this recommendation as is. If there's other request for variances in regards to the ditch that will also have to be taken up by the City Council in regard to leaving it open. It's recommended to be tiled as part of the staff comments simply leave that as is at this point. Norton: I second the motion. Borup: Motion is second. Any discussion? All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Thank you. This would probably be a good time to take a short recess four or five minutes. (MEETING RECONVENED AT 8:23 P.M.) Item 7. Public Hearing: RZ 00-008 Request for Rezone of 5.17 acres from L -O to R-4 by JUB Engineers for proposed Devlin Place No. 2 — south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Item 8. Public Hearing: PP 00-025 Request for Preliminary Plat approval for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by JUB Engineers for proposed Devlin Place No. 2 — south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms: Borup: Okay we are ready to reconvene the Meridian Planning and Zoning Commission meeting. Lets start with Item No. 7 request for Rezone of 5.17 acres from L-0 to R-4 by JUB Engineers for proposed Devlin Place No. 2, and in conjunction with that is public hearing Item no. 8 request for Preliminary Plat I for 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by J -U -B Engineers. I would like to go ahead and open both public hearings and start with staff comments. Meridian Planning and Zoning 0 fission Meeting January 4, 2001 Page 30 Siddoway: Commissioner Borup, members of the Commission. This project is Devlin Place it's actually an in -fill parcel in this hatched area right here. This is Cherry Lane and north Ten Nile Road. There's an existing phase of Devlin Place Subdivision just north of this proposed number two. You should have our staff comments that are dated December 7, 2000. This is the plat it includes 16 building lots and four common lots on five -acres. The applicant has signed a statement verifying that this was posted so this application can go on tonight. One issue that needs to be dealt with is the fact that there is a Conditional Use Permit in effect already on this property. This is the approved site plan it was for Prestige Care which was an assisted living facility. These are the elevations of the structures that have already been approved there. This would be' obviously not following the approved Conditional Use Permit and the — there is a procedure in place for revoking a Conditional Use Permit I don't think there's any opposition to revoking it. But it still needs to be taken care of so that the Conditional Use Permit no longer is in effect on this property. Preliminary Plat comment number one -- there is a remnant parcel that is left over as a result of this plat, south of it between the proposed plat and Cherry Lane. The intent is that the owner of this remaining lot would do it as an office. It is currently zoned L -O which is Limited Office and they intend to put an office on that site in order to clean up the fact that the overall lot has never been platted. If that large lot is not included in this plat the owner of that lot will be required to do something fairly strange which would be a one -lot subdivision to plat it to clean up the public record and make it a legal lot that has an actual legal description. Centers: Its separate ownership? Siddoway: it is under separate ownership at this time. Centers: how big is that parcel? Siddoway: It is eight acres, I think. Centers: No, the remnant lot. Siddoway: It's about three. The total is about eight and five -acres is the area in the proposed subdivision. So it's a little less than three -acres, 2.69 to be specific. We really don't have a problem with this going forward without that lot included but we would just point out that it will have to cleaned up with a one -lot subdivision on that parcel before a development application can be entertained on that lot. The Conditional Use Permit however does need to be taken care of and revoked so this application would not be in conflict with the existing Conditional Use Permit. Borup: And how is that handled? Application by the — Meridian Planning and Zoning Cc ssion Meeting January 4, 2001 Page 31 Siddoway: The Council — rezone comment number four, the existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17- 9 to do this Council must notify the permit holder who is a company called DD&F I believe out of Portland, I could be wrong about that. It is DD&F of their intention to revoke the permit and provide them with an opportunity to contest it. If they do it then a public hearing must be held if they have no objection, which is the response I would anticipate because they don't intend to develop it under that Conditional Use Permit anymore they sold off two-thirds of the lot. Then they just need to prepare Findings of Fact and Conclusions of Law to revoke that Conditional Use Permit. Other staff comments stand I just let the applicant testify if they have any concerns about them. I'll stand for any questions. Borup: Any questions at this time? Centers: Yes. How about the modification or the Development Agreement that must be modified. Do we do that tonight or — number three on — Siddoway: The Development Agreement will need to be modified because the Development Agreement specifically speaks to the assisted living facility. The process for that I'm not completely sure of I know it goes through the City Attorney's office. I don't know David if you are aware of the process that would have to go through. Swartley: Not entirely any I don't. Siddoway: It would involve the City Council. Will do you have -- modify the Development Agreement. I personally haven't been involved in the modification of a Development Agreement. Borup: The Development Agreement was signed with the City Council so — Siddoway: -- between City Council and the applicant. Berg: Yes I would say we have amended Development Agreement's before the City Council and I think before we pass the Ordinance for Rezone we would have that modification. Siddoway: Yes we need to have it before but I believe the Commission can pass it on without the Development Agreement being modified yet. Borup: Is the applicant here and would like to come forward. Fluke: Mr. Chairman, member of the Commission Thank you. My name is Daren Fluke with J -U -B Engineers representing the applicant in this matter. Lets deal with the Development Agreement first since it's all fresh in your mind. I think what we would propose if the C's going to be vacated anyway the Development Meridian Planning and Zoning Cc asion Meeting January 4, 2001 Page 32 Agreement will go away as well and we'll just enter into a new Development Agreement with the city specific to our development. I think really more of a process issue than anything else. There's nothing in the current Development Agreement that gives us any heartburn for this particular development so really it's a matter of procedure. Shouldn't be a problem. With regard to the plat, the platting issue and the remnant parcel. Just point out for the Commissions consideration that in fact the entire eight -acre parcel is a remnant parcel and should have been platted at some point in the future I don't know how many of you were around at the time. When Devlin No. 1 was developed to the north there was also a parcel that was carved out for a city park that was dedicated to the City of Meridian. In the course of all those doings there was a remnant parcel left and so this entire thing is a remnant parcel. We have been in contact of course with the owners of the remainder of the parcel and they realized that hey will have some clean up work with the city when they come in to develop what's left of their parcel. We really believe this makes more sense than the Conditional Use Permit for the assisted living facility if you look at the configuration of those stub streets on the site. It really make more sense to link those together with a sort of similar development rather than* putting in a destination that probably nobody in the neighborhood would ever drive to anyway. This really makes more sense given what's actually on the ground than what was previously approved. The only other issue that we have with the staff report has to do with the Landscape Ordinance I guess it would be Item 11 and 12 in your staff report on page 3. Number 12 says that we did not submitted a landscape plan and number 11 says we don't have five percent common open space. Both of those things are true and that is because our application was submitted way back in September before the city had adopted a Landscape Ordinance. Clearly that doesn't apply to this application because it wasn't in effect at the time the application came in. Having said that however I would point out we will be very close to complying with the spirit of the Landscape Ordinance if not the letter of the law. In that we do have a drainage lot - Steve could we see the plat real quick please. Right below the big word site — I can't read the number I think its five is a drainage lot. We have high ground water in this area and so we will have sort of a water feature there a pond that will accommodate our storm drainage. We will be landscaping that lot in a way that would comply with the City Ordinance. In addition you see this skinny little lot on the south that goes to the south. That is to leave a sewer stub to the parcel to the south will also be developing a micro -path on there and that will also be landscaped. So with the provision of those two lots there we come to almost 11,000 square -feet. Five percent of our site would be 11,260 square -feet. Even if it did apply to us we would be awfully darn close to complying with that. I think that's all I have for the Commission unless you had questions. Borup: Does the Commission have any questions? Fluke: Thank you. Meridian Planning and Zoning Cc ssion Meeting January 4, 2001 Page 33 Borup: Do we have anyone else here to testify on this application? I've got a question for somebody on the timing. The effective date of an Ordinance. If an application is submitted does that — Siddoway: Technically if it's submitted then that Ordinance is not necessarily in affect for it; however, this is a rezone application and consistently the Commissioner and Council have placed conditions on rezones and annexations above and beyond what might be in the Ordinance. We have been asking projects to comply with the elements of Landscape Ordinance for several months prior to the Ordinance actually being adopted. On annexations and rezones where the city has the authority to (inaudible) Conditional Use Permit's. Where the city has the authority to place additional conditions on there. They are close as he pointed out if they are 11,000 that's splitting hairs to me. 11,000 verses 11,260. They also have some open space I believe that's being landscaped along here that may also count towards that. Fluke: I would love it if we could do that but actually we have a ditch that runs along there that we will be piping. So we won't be able to landscape it. Although it will function as a path. Siddoway: It could be grassed and still count as open space and meet that extra 260 feet. I mean were not going to split hairs with that. Number 12 we would still like the landscape plan to be submitted for approval for the final plat. I don't see it's going to modify their plat configuration. We're just asking that a landscape plan be submitted with the final plat to show the landscaping that will be on those lots that were just described. Borup: Thank you. Any other questions from the Commission? We've got both — did I already ask if anybody else is here. I thought I did. Okay we've got both public hearings open at this point. Norton: Mr. Chairman. Borup: Commissioner Norton. Norton: One more question for staff. Regarding your comment number five regarding the sanitation the sewer line to Lot 12, Block 1 is questionable do you see that as a problem if the developer works with public works to get that cleaned up so they can get sewer. Freckleton: Mr. Chairman, Commissioner Norton. We have had some discussions with the applicants engineer on that. I believe what they're proposing is to run the service line across the common lot which is also serving as the drainage lot below the word site. There would be an easement created across that lot for the service to lot four. Unfortunately out in this area we have Meridian Planning and Zoning Co "ion Meeting January 4, 2001 Page 34 very shallow sewer and it's not the best situation but it appears like it's probably the only way that it could be served. I think its something that we can work with. Norton: Okay Thank you. Nary: Mr. Chairman. Borup: Commissioner Nary. Nary: Just so I'm clear from the applicant. The only two conditions that you had concerns about was 11 and 12. At least from what I'm hearing from Mr. Siddoway he thinks — basically your argument is more technical you don't believe technically the Ordinance applies to this application but you think you could probably comply pretty close. What I'm hearing from Mr. Siddoway probably get this worked out so you're or at the requirement. Borup: I think the only thing we're lacking just the landscape plan. Fluke: 1 don't think we can actually quite meet the five percent. Perhaps if we grass the strip there on the west we'll be awfully close I haven't ran the numbers yet. Not to be argumentative but I'm quite positive that the Ordinance does not apply to us because it was not in effect at the time we applied. Borup: That's what Mr. Siddoway said. Fluke: Right — Nary: I understand that part of it. But what I think he is saying is because this is a rezone we don't have to rezone it unless we choose to we can certainly oppose that as a requirement — ***End of Side Two*** Fluke: — landscape plan is not a problem because we are going to landscape it anyway so if you want to see what we are going to do we certainly can give you a plan. Centers: If we said a minimum 11,000 you could meet that? Fluke: Again I hate to tie me down to 11,000 exactly but we're awfully close we're at 10,900 just off the numbers that I ran before I came down. Borup: So we could say if Lot 13 landscaped and the — and you plan on landscaping the sewer easement also you said. Meridian Planning and Zoning Co, '�sion Meeting January 4, 2001 Page 35 Fluke: That's right we'll be putting a path and the lot to the south and then we'll landscape the drainage lot and if your condition read to that effect we wouldn't have any problem with that. Borup: Okay does anyone else have any other questions? Norton: Mr. Chairman I move to close the public hearing. Borup: Both of them. Norton: Both public hearings. Centers: Second. Borup: Motion is second. All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Borup: First item then is a request for a rezone. Norton: Mr. Chairman I move to recommend to City Council to approve the RZ 00-008 request for rezone of 5.17 acres from L -O to R-4 by JUB Engineers for proposed Devlin Place No. 2. South of Devlin Place between Sunburst Subdivision and Sunnybrook Farms. To include staff comments. Nary: Second. Borup: Motion is second. All in favor? I didn't ask if there was any discussion I assume there was none. MOTION CARRIED: THREE AYES, ONE ABSENT Borup: Next item. Norton: Mr. Chairman I move to recommend to City Council to approve the PP 00-025 request for Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a proposed R-4 zone by JUB Engineers for proposed Devlin Place No. 2 south of Devlin Place between Sunburst Subdivision and Sunnybrook Farms to include staff comments, require landscaping of Lot 13 and Lot 5 — Nary: Micro -path. Centers: The micro -path. Borup: That was Lot 5 wasn't it? Meridian Planning and Zoning Co? '•sion Meeting January 4, 2001 Page 36 Nary: The pathway along — Borup: Higgan. To the extent to they can do what they can do now. Norton: I think that was in staff comments. Centers: What were you putting along Higgan Street? Borup: That had an irrigation piping isn't that what you said? Centers: It's going to be a walking path which you could — Fluke: It will be gravel for the ditch rider. On the north we certainly can put grass on that (inaudible) for that. Nary: I think basically what the comment was that we wanted some substantial compliance to the city code not necessarily strict compliance. Some substantial compliance and it appears that they could do that. Just working with the staff on providing a landscaping plan and such what we were asking. Borup: I think we're all comfortable with that. We just interrupted a motion there. You got it down okay? Do we have a second? Centers: Second. Borup: any further discussion? All in favor? MOTION CARRIED: THREE AYES, ONE ABSENT Item 9. Public Hearing: AZ 00-023 Request for Annexation and Zoning of 156.21 acres from RT to R-4 for proposed Tuscany Lakes Subdivision by Gem Park II Partnership — south of Victory Road and west of Eagle Road: Item 10. Public Hearing: CUP 00-052 Request for Conditional Use Permit for a Planned Residential Development in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership — south of Victory Road and west of Eagle Road: Item 11. Public Hearing: PP 00-024 Request for Preliminary Plat approval for 353 building lots and 39 other lots on 156.21 acres in a proposed R-4 zone for proposed Tuscany Lakes Subdivision by Gem Park II Partnership — south of Victory Road and west of Eagle Road: January 2, 2001 =11111M MERIDIAN PLANNING & ZONING MEETING January 4, 2001 APPLICANT JUB Engineers ITEM NO. 8 REQUEST Preliminary Plat approval of 16 building lots and 4 other lots on 5.17 acres in a Proposed R-4 zone for proposed Devlin Place No. 2 Between Sunburst Subivision and Sunnybrook Farms AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: SANITARY SERVICE, INC: MERIDIAN SCHOOL DISTRICT: MERIDIAN POST OFFICE: ADA COUNTY HIGHWAY DISTRICT; CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: See attached comments See attached comments Public safety concerns No parking of vehicles, equipment or trailers in cul-de-sac No remarks No comment No comment See attached comments See attached Comments See attached comments OTHER: See Attached subdivision evaluation Contacted: Date: Phone: Materials presented at public meetings shall become property of the City of Meridian. MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician Steve Siddoway, Planner LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPAR MEW (208) 884-5533 • FAX 888-6854 DeWber 7, 2000 GQ� Ate o�j�y ty o� OQ Re: DEVLIN PLACE SUBDIVISION NO.2 fje0 Request for Rezone of 5.17 Acres from L -O to R-4 by JUB Engineers/D. W., Inc. (File RZ-00-008) - Preliminary Plat of 16 building lots and 4 common lots on 5.17 Acres by JUB Engineers/D. W., Inc. (File PP -00-025) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The subject property has a prior Conditional Use Permit (CUP) and a Development Agreement (DA) that affect this application. The 5.1.7 acres involved in this application is an illegal lot split of a larger 8 -acre parcel, originally owned by D.D. & F. In 1997, a rezone application (R-4 to L -O) and a CUP (for a 44 -unit assisted living facility, 16 -unit Alzheimer wing, 10 garden apartments, and a 106 -suite retirement complex) was submitted for the entire 8 acres. A condition of the rezone was for the owner to enter into a DA with the City of Meridian, which was recorded in April, 1998. If this application is approved, the existing DA will have to be modified and the existing CUP will have to be revoked, because both require an assisted living facility and senior housing to be built on the subject property. LOCATION The property is generally located on the north side of Cherry Lane, east of Ten Mile Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Devlin Place Subdivision, zoned R-4. South — The remnant 2.69 -acre parcel, owned by D.D. & F. is immediately south of the subject parcel. Haven Cove Subdivision, zoned R-4, is across Cherry Lane from the site. RZAMM PP-WO25 Devlin Plaak2RZPP.doc -TIB OF TREASURE VALLEY MAYOR A Good Place to Uve Robert D. Come T TT Vl T O� 1A� 1 I/ 1V CITYNCRMT CITY COUNCIL MEMBERS RonAn&xson 33 EAST IDAHO Keith Bird MERIDIAN, IDAHO 83642 Tammy deWeerd (208) 8884433 • FAX (208) 887-4813 City Clerk Office Fax (208) W4218 Cherie McCandless MEMORANDUM: To: Planning & Zoning Commission/Mayor & City Council From: Bruce Freckleton, Senior Engineering Technician Steve Siddoway, Planner LEGAL DEPARTMENT (208) 288-2499 • Fax 288-2501 PUBLIC WORKS BUILDING DEPARTMENT (208) 887-2211 • Fax 887-1297 PLANNING AND ZONING DEPAR MEW (208) 884-5533 • FAX 888-6854 DeWber 7, 2000 GQ� Ate o�j�y ty o� OQ Re: DEVLIN PLACE SUBDIVISION NO.2 fje0 Request for Rezone of 5.17 Acres from L -O to R-4 by JUB Engineers/D. W., Inc. (File RZ-00-008) - Preliminary Plat of 16 building lots and 4 common lots on 5.17 Acres by JUB Engineers/D. W., Inc. (File PP -00-025) We have reviewed this submittal and offer the following comments, as conditions of the applicant. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The subject property has a prior Conditional Use Permit (CUP) and a Development Agreement (DA) that affect this application. The 5.1.7 acres involved in this application is an illegal lot split of a larger 8 -acre parcel, originally owned by D.D. & F. In 1997, a rezone application (R-4 to L -O) and a CUP (for a 44 -unit assisted living facility, 16 -unit Alzheimer wing, 10 garden apartments, and a 106 -suite retirement complex) was submitted for the entire 8 acres. A condition of the rezone was for the owner to enter into a DA with the City of Meridian, which was recorded in April, 1998. If this application is approved, the existing DA will have to be modified and the existing CUP will have to be revoked, because both require an assisted living facility and senior housing to be built on the subject property. LOCATION The property is generally located on the north side of Cherry Lane, east of Ten Mile Road. It is designated as Existing Urban in the Comprehensive Plan. SURROUNDING PROPERTIES North — Devlin Place Subdivision, zoned R-4. South — The remnant 2.69 -acre parcel, owned by D.D. & F. is immediately south of the subject parcel. Haven Cove Subdivision, zoned R-4, is across Cherry Lane from the site. RZAMM PP-WO25 Devlin Plaak2RZPP.doc Mayor, Council and P&Z December 7, 2000 Page 2 East – Sunnybrook Farms Subdivision, zoned R-4. West – Sunburst Subdivision, zoned R-4. REZONE COMMENTS (File RZ-00-008) 1. The legal description submitted in the application appears to meet the requirements of the City of Meridian and State Tax Commission. 2. The subject lot can be adequately served by public facilities and the proposed uses will allow for orderly expansion of the city limits, as this is an infill parcel. 3. The existing Development Agreement, Instrument No. 98031450, must be modified as a condition of rezone. Specifically, items 2 a—e, page 2, must be modified to reflect the change of land uses. 4. The existing Conditional Use Permit must be revoked by City Council in conformance with Section 11-17-9 of the Meridian City Code. To do this, Council must notify the permit holder (D.D. & F.) of their intention to revoke the permit and provide D.D. & F. with the opportunity to contest the revocation. If D.D. & F. contests the revocation, a public hearing must be held. If D.D. & F. has no objection (the response I would anticipate), Council would direct the City Attorney to prepare findings of fact and conclusions of law to revoke the Conditional Use Permit. PRELIMINARY PLAT COMMENTS (File PP -00-025) The main issue with the plat is that it does not include the entire 8 -acre parcel, and the City does not recognize the lot split done by D.W., Inc. During the pre -application meeting, staff recommended that the plat include the entire 8 +/- acres. The plat submitted includes only the 5.17 acres purchased by D.W., Inc. from D.D. & F. Since the split was never done as part of a legal subdivision process, staff continues to recommend that the plat be modified to include the remnant parcel owned by D.D. & F. If, however, the Commission and Council opt to allow this plat to proceed as currently proposed, the remnant parcel will be required to do a one -lot subdivision to clean up the public record. 2. Submit letter from the Ada County Street Name Committee, approving the subdivision and street names, with the final plat. Make any corrections necessary to conform. 3. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 4. Assessment fees for water and sewer service are determined during the building plan review process. 5. Sanitary sewer service to this site will be via extensions from existing mains installed in adjacent developments. Conceptual engineering plans submitted with the preliminary plat indicate sewer mains with less than minimum slopes and cover. Sanitary sewer service to RZ-OM 8, PP -00425 Devlin Place B2 RKPP.doc Mayor, Council and P&Z December 7, 2000 Page 3 Lot 12, Block 1 is questionable from the system being proposed. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 6. Water service to this site will be via extensions from existing mains installed in adjacent developments. Applicant will be responsible to construct the water mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 7. Underground year-round pressurized irrigation must be provided to all common landscape areas on the site. 8. Applicant has indicated that the pressurized irrigation system within this development is to be an extension of existing system in Devlin Place Subdivision, which is owned and maintained by the Nampa & Meridian Irrigation District. The existing system in Devlin is has a single point connection to the City's domestic water system as a secondary source of water, and therefor the developer shall be responsible for the payment of water assessments for the common areas prior to signature on the final plat by the Meridian City Engineer, 9. The subject parcel shown currently on the plat has no street frontage, so no street buffers would be required. However, if the remnant parcel is incorporated into the plat, a 35 -foot wide landscape buffer would be required along Cherry Lane. The Comprehensive Plan designates Fairview Avenue as an entryway corridor. The landscape buffer shall be placed within a permanent landscape easement beyond the future right-of-way and designated as such on the plat. 10. Staff recommends that a micropath be required on Lot 5, Block 5, which is currently shown as a 20 -foot sewer easement. The micropath would allow residents of the subdivision to access Cherry Lane without being forced to go around through the adjacent subdivisions. 11.5% common open space is required per City Ordinance 12-13-16. For the proposed 5.17 - acre subdivision, a minimum of 11,260 s.f. of open space is required. The storm drainage pond, Lot 13, Block 1 (approximately 8900 s.f.), can count toward the open space if it is designed in accordance with Ordinance 12-13-14. Lot 5, Block 5 can also count if a micropath is developed over the sewer easement in accordance with Ordinance 12-13-15. The landscape lot on Lot 20, Block 2, may also count as open space, because it is not a required street buffer, if it is planted with grass and trees for beautification of the subdivision. The applicant should verify how they intend to comply with this requirement, and the actual area provided. 12. No landscape plan was submitted with the application. A detailed landscape plan shall be submitted for review and approval with the Final Plat application, in conformance with City Ordinance 12-13. A letter of credit or cash surety will be required for the improvements prior to City signature on the Final Plat. RZ•OPOOB, Pp -mm Devlin Place #2.RZPP.dw Mayor, Council and P&Z December 7, 2000 Page 4 GENERAL REQUIREMENTS (Both Applications) 1. Any existing irrigation/drainage ditches crossing the property to be included in this project shall be tiled per City Ordinance. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, with written confirmation of said approval submitted to the Public Works Department. No variances have been requested for tiling of any ditches crossing this project. 2. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance. Wells may be used for non- domestic purposes such as landscape irrigation. 3. Provide five -foot -wide sidewalks in accordance with City Ordinance (Ord. 12-5-2.K). 4. All construction shall conform to the requirements of the Americans with Disabilities Act. RZ00.OK PP -00-025 D, -Ain Place #2.R7-PP.dcc CwHEALTH CENTRAL DISTRICT DEPARTMENT Rezone # nal Use # CENTRA',- DISTRICT HEALTH DEPA6 -"MENT Returnto: Environmental Health Division ❑ Boise ❑ Eagle nark/ Final / Short Plat OM RIM ❑ Garden City ,�#Meridian Kuna ❑ ACZ ❑ Star ❑ 1. We have No Objections to this Proposal. N 01! 1 4 2000 ❑ 2. We recommend Denial of this Proposal. CY OF MER.IDM ❑ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ❑ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ❑ 5. Before we can comment concerning individual sewage disposal, we will require more'data concerning the depth of: ❑ high seasonal ground water ❑ waste flow characteristics ❑ or bedrock from original grade ❑ other ❑ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ❑ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. Y8. After writtep approval from appropriate entities are submitted, we can approve this proposal for: central sewage ❑ community sewage system ❑ community water well ❑ interim sewage A central water ❑ individual sewage ❑ individual water 9. The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: central sewage ❑ community sewage system ❑ community water ❑ sewage dry lines A central water 10. Run-off is not to create a mosquito breeding problem. 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ❑ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ❑ 13. We will require plans be submitted for a plan review for any: Cl food establishment ❑ swimming pools or spas ❑ child care center ❑ beverage establishment ❑ grocery store 14. fbr� i%6'/2* - woa-7-6;/e ©�dc � o.+�S Date: �l 7� l D6 ,- �_/_ 7 ,p __ dt.Zr� Reviewed By: 15�A Review Sheet caan am w CENTRAL 000 'DISTRICT PWHEALTN DEPARTMENT MAIN OFFICE • 707 N. ARMSTRONG PL. BOISE, ID 83704-0825 (208) 375-5211 FAX 327 85CC 7o prevent and treat disease and disability; to promote healthy lifestyles; and to protect and promote the health and quality of our environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated through a grassy swale prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is Manuals that could preventing groundwater and surface water degradation. be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. Prepared by the Idaho Division of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department, January 1997. Serving Valley, Elmore, Boise, and Ada Counties Ada / Boise County Office Ada -WIC Satellite Office Elmore County Office Valley County Office 703 N. 1 st Street 707 N. Armsrong PI. 1606 Robert St. 520 E. 8th Street N. Mountain Home, ID 83647 P.O. Box 1448 Boise, ID 83704 Enviro. Health: 327.7499 Boise, ID 83705 Ph. 334-3355 Enviro, Health: 587-9225 McCall, ID. 83638 Family Planning: 327-7400 FAX: 334-3355 Family Health: 587-4407 Ph. 634-7194 FAX: 634-2174 Immunizations: 327.7450 WIC: 587-4409 Senior Nutrition: 327-7460 FAX: 587-3521 WIC: 327-7488 FAX: 327-8500 SUPERINTENDENT Christine H. Donnell joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 November 14, 2000 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: FFcBT\%D NOV 16 2000 CITY OF 1VIERIDIAN Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888- 6701. Reference: Devlin Place No. 2 Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. The school district is currently busing students from new developments to elementary schools outside Chaparral Elementary School's attendance boundary. Meridian Middle School is at capacity. Eagle High School is over capacity. At this point the school district is dealing with growth by providing portable classrooms. With the passage of the General Obligation Bond on September 19`I' a new high school will soon be under construction. We can predict that these homes, when completed, will house four (4) elementary aged children, four (4) middle school aged children, and five (5) senior high aged students. Sincerely, Wendel Big ham Supervisor of Facilities and Construction `�. Preporing O Today's students for Tomorrow's Challenges. Ao: S`o. SUPERINTENDENT Christine H. Donnell joint School District No. 2 911 Meridian Street • Meridian, Idaho 83642 • (208) 888-6701 • Fax (208) 888-6700 November 14, 2000 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Councilmen: FFcBT\%D NOV 16 2000 CITY OF 1VIERIDIAN Enclosed for your review is general information relative to schools located in the proposed project area. If you have any questions, please contact Wendel Bigham at 888- 6701. Reference: Devlin Place No. 2 Elementary School: Chaparral Elementary School Middle School: Meridian Middle School High School: Eagle High School Comments and/or Recommendations: Chaparral Elementary School is over capacity. The school district is currently busing students from new developments to elementary schools outside Chaparral Elementary School's attendance boundary. Meridian Middle School is at capacity. Eagle High School is over capacity. At this point the school district is dealing with growth by providing portable classrooms. With the passage of the General Obligation Bond on September 19`I' a new high school will soon be under construction. We can predict that these homes, when completed, will house four (4) elementary aged children, four (4) middle school aged children, and five (5) senior high aged students. Sincerely, Wendel Big ham Supervisor of Facilities and Construction peF 'vFD NOV 2 7 2000 ADA COUNTY HIGHWAY DISTRICT CITY OF MERIDIAN Planning and Development Division ILI Development Application Report Preliminary Plat — Devlin Place No. 2/MPP-00-025/MRZ-00-008 16 -lots This application has been referred to ACHD by the City of Meridian for review and comment. Devlin Place No. 2 is a 16 -lot residential subdivision on 5.17 -acres. The applicant is requesting a rezone from L -O to R-4. The site is located at the terminus of Gemstone Drive and Higan Street. This development is estimated to generate 160 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The existing zoning could generate up to 440 trips per day. Roads impacted by this development: Gemstone Drive Higan Street ACRD Commission Date — November 29, 2000 - 7:00 p.m. Devlin Place No. 2.cnvn Page 1 f\/" INLJIVL. 3: �� I 1 0 Q PL CE z N HIGAN ST L teras • lur UN UR T 4E DR A � LLJ . w Q O M J w NO.' O `2 2 z W CHERRY IN Q U U W m w Of :� VICINITY MAP DEVLIN PLACE SUBDIVISION NO. 2 1 it = .-� nn' Facts and Findings: A. General Information Owner — Dan Wood Applicant — J.U.B. L -O - Existing zoning (limited office) R-4 - Requested zoning (residential) 5.17 - Acres 16 - Proposed building lots 4 - Proposed common lots 1,000 - Total lineal feet of proposed public streets 160 - New trips generated 261 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Gemstone Drive Local street No traffic count available 50 -feet of frontage 50 -feet required right-of-way for its extension Gemstone Drive is improved with a 37 -foot street section with curb, gutter and sidewalk within 50 -feet of right-of-way. Hi.gan Street Local street No traffic count available 42 -feet of frontage 42 -feet required right-of-way for its extension Higan Street is improved with a 29 -foot street section with curb, gutter and sidewalk. B. On November 13, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On November 17, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Devlin Place No. 2.cnirn Page 2 D. The applicant is proposing to extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. Staff supports the extension of this street as a 36 -foot street section within 50 -feet of right-of-way. E. The applicant is proposing to extend Higan Street into the site at the north property line to connect to the proposed Gemstone Drive. Staff supports the extension of this street. F. The applicant is proposing to construct Higan Street as a reduced street section to match the existing improvements in Devlin Place Subdivision: The District accepts local residential public roads with a 29 -foot street section with parking prohibited on one side, if the amount of vehicle trips per day on the street does not exceed 1,000VTD or less. The proposed density of development that will utilize Higan Street will -, generate less than 1,000 vehicle trips per day. This street may be constructed as proposed with a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 42 -feet of right- of-way and located as proposed. Parking should be restricted on one side of the roadway. A signage plan should be submitted for review and approval by Planning and Development staff. G. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. H. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. The turnaround should be constructed to provide a minimum turning radius of 45 -feet. The applicant is not proposing to construct a stub street to the parcel to the south because that site has previously been approved as an assisted living facility with a driveway on Cherry Lane. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Site Specific Requirements: 1. Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 2. Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, Devlin Place No. 2.cnun Page 3 within 42 -feet of right-of-way with parking prohibited on one side. Parking shall be restricted r- r on one side of the roadway. A signage plan shall be submitted for review and approval by Y Planning and Development staff. 3. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 4. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5. Construct the turnaround to provide a minimum turning radius of 45 -feet. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9;00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each reauirement to be reconsidered and include written documentation of data that was not available to the Commission at the time of its original decision. The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. Devlin Place No. 2.cmm Page 4 _ 4. All design and constriction 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. 5. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pen -nits), which incorporates any required design changes. 6. 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. ter- 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. rt Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 8. 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 -al obtain written confirmation of any change from the Ada County Highway District. 9. 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. Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Plannine and Development Staff Devlin Place No. 2.cmm Page 5 Acla CoUnt1lWiakwati 'hiitict Judy Peavey -Derr, President 318 East 37th Street Dave Bivens, Vice President Garden City, Idaho 83714-6499 Marlyss Meyer, Secretary Phone (208) 387-6100 Sherry R. Huber, Commissioner Fax (208) 387-6391 Susan S. Eastlake, Commissioner E-mail: tellus@achd.ada.id.us FROM: SUBJECT: Street Daren Fluke J -U -B Engineers, Inc. 205 S Beechwood Ave Boise, ID 80709 December 1, 2000 Suite 201 Christy Richardson, Principal Devplo ment Analyst Planning & Development e.�p'�'v Preliminary Plat: 16 -lot Subdivision RECEIVED DEC -g 2000 CITY OF MERIDIAN Gemstone Drive/Higan On November 29, 2000, the Commissioners of the Ada County Highway District (hereafter called "District") took action on the preliminary Plat as stated on the attached staff report. In order that the Final Plat may be considered by the District for acceptance, the Developer shall cause the following applicable standard conditions to be satisfied prior to District certification and endorsement: Drainage plans shall be submitted and subject to review and approval by the District. 2. If public street improvements are required: Prior to any construction within the existing or proposed public right-of-way, the following shall be submitted and subject to review and approval by the District. a. Three complete sets of detailed street construction drawings prepared by an Idaho registered professional Engineer. b. Execute and Inspection Agreement between the Developer and the District together with initial payment deposit for inspection and/or testing services. C. Complete all street improvements to the satisfaction of the District, or execute a Surety Agreement between the Developer and the District to guarantee the completion of the construction of all required street improvements. 3. Furnish a copy of the Final Plat showing street names as approved by the Local Government Agency having such authority together with the payment of fee charged for the manufacturing and installation of all street signs. 2 4. If Public Right -of -Way Trust Fund deposit is required, make the deposit to the District in the form of cash or cashier's check for the amount specified by the District. 5. Furnish easements, agreements and all other datum or documents as required by the District. 6. Furnish Final Plat drawings together with the plat and plan review fees for District acceptance and endorsement. The final plat must contain the signed endorsement of the Owner and the Land Surveyor's certification. 7. All of the material must be submitted to District staff two -weeks prior to Commission review of the final plat. 8. Approval of the plat is valid for one year. The Commission will consider an extension of one year if requested within 15 -days prior to the expiration date. Please contact me at (208) 387-6170, should you have any questions. Cc: Planning & Development Chron/File Planning & Development Services -City of Meridian Construction Services — John Edney Drainage- Chuck Rinaldi Dan Wood 13141 W Bluebonnet Court Boise, ID 83713 ADA COUNTY HIGHWAY DISTRICT Planning and Development Division Development Application Report Preliminary Plat — Devlin Place No. 2/MPP-00-025/MRZ-00-008 16 -lots This application has been referred to ACHD by the City of Meridian for review and comment. Devlin Place No. 2 is a 16 -lot residential subdivision on 5.17 -acres. The applicant is requesting a rezone from L -O to R-4. The site is located at the terminus of Gemstone Drive and Higan Street. This development is estimated to generate 160 additional vehicle trips per day based on the Institute of Transportation Engineers Trip Generation manual. The existing zoning could generate up to 440 trips per day. Roads impacted by this development: Gemstone Drive Higan Street ACHD Commission Date — November 29, 2000 - 7:00 p.m. Devlin Place No. 2.cnmi Page 1 `,��� ` ' ` . ... . �-�'~~-.�~__'. `~X -°""cc " " =OCm ` || - a W CHERRY LN VICINITY MAP DEVLIN PLACE SUBDIVISION NO. 2 1" = .Inn' Facts and Findings: A. General Information Owner — Dan Wood Applicant — J.U.B. L -O - Existing zoning (limited office) R-4 - Requested zoning (residential) 5.17 - Acres 16 - Proposed building lots 4 - Proposed common lots 1,000 - Total lineal feet of proposed public streets 160 - New trips generated 261 - Traffic Analysis Zone (TAZ) West Ada - Impact Fee Service Area Meridian - Impact Fee Assessment District Gemstone Drive Local street No traffic count available 50 -feet of frontage 50 -feet required right-of-way for its extension Gemstone Drive is improved with a 37 -foot street section with curb, gutter and sidewalk within 50 -feet of right-of-way. Higan Street Local street No traffic count available 42 -feet of frontage 42 -feet required right-of-way for its extension Higan Street is improved with a 29 -foot street section with curb, gutter and sidewalk. B. On November 13, 2000, the District Planning and Development staff inspected this site and evaluated the transportation system in the vicinity. On November 17, 2000, the staff met as the District's Technical Review Committee and reviewed the impacts of this proposed development on the District's transportation system. The results of that analysis constitute the following Facts and Findings and recommended Site Specific Requirements. Devlin Place No. 2.cnun Page 2 C. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. D. The applicant is proposing to extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, and connect it to Gemstone Drive at the west property line between Lot 13,'Block 1 and Lot 13, Block 5. Staff supports the extension of this street as a 36 -foot street section within 50 -feet of right-of-way. E. The applicant is proposing to extend Higan Street into the site at the north property line to connect to the proposed Gemstone Drive. Staff supports the extension of this street. F. The applicant is proposing to construct Higan Street as a reduced street section to match the existing improvements in Devlin Place Subdivision: The District accepts local residential public roads with a 29 -foot street section with parking prohibited on one side, if the amount of vehicle trips per day on the street does not exceed 1,000VTD or less. The proposed density of development that will utilize Higan Street will generate less than 1,000 vehicle trips per day. This street may be constructed as proposed with a 29 -foot street section with curb, gutter and 5 -foot wide concrete sidewalk within 42 -feet of right- of-way and located as proposed. Parking should be restricted on one side of the roadway. A signage plan should be submitted for review and approval by Planning and Development staff. G. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat should be owned and maintained by a homeowners association. Notes of this should be required on the final plat. H. Unless otherwise approved, the applicant should be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. I. The turnaround should be constructed to provide a minimum turning radius of 45 -feet. The applicant is not proposing to construct a stub street to the parcel to the south because that site has previously been approved as an assisted living facility with a driveway on Cherry Lane. K. Based on development patterns in this area and the resulting traffic generation, staff anticipates that the transportation system will be adequate to accommodate additional traffic generated by this proposed development with the requirements outlined within this report. The following Site Specific Requirements and Standard Requirements must be met or provided for prior to ACHD approval of the final plat: Devlin Place No. 2.cnini Page 3 Site Specific Requirements: Extend Gemstone Drive into the site at the east property line between Lot 9, Block 1 and Lot 1 Block 5, as proposed, and connect it to Gemstone Drive at the west property line between Lot 13, Block 1 and Lot 13, Block 5. 2. Extend Higan Street into the site at the north property line as proposed to connect to the proposed Gemstone Drive. Construct Higan Street as a 29 -foot street section as proposed, within 42 -feet of right-of-way with parking prohibited on one side. Parking shall be restricted on one side of the roadway. A signage plan shall be submitted for review and approval by Planning and Development staff. 3. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this shall be required on the final plat. 4. Unless otherwise approved, the applicant shall be required to construct all public roads within the subdivision as 36 -foot street sections with curb, gutter, and 5 -foot wide concrete sidewalks within 50 -feet of right-of-way. 5. Construct the turnaround to provide a minimum turning radius of 45 -feet. 6. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. Standard Requirements: 1. A request for modification, variance or waiver of any requirement or policy outlined herein shall be made in writing to the ACHD Planning and Development Supervisor. The request shall specifically identify each requirement to be reconsidered and include a written explanation of why such a requirement would result in a substantial hardship or inequity. The written request shall be submitted to the District no later than 9:00 a.m. on the day scheduled for ACHD Commission action. Those items shall be rescheduled for discussion with the Commission on the next available meeting agenda. Requests submitted to the District after 9:00 a.m. on the day scheduled for Commission action do not provide sufficient time for District staff to remove the item from the consent agenda and report to the Commission regarding the requested modification, variance or waiver. Those items will be acted on by the Commission unless removed from the agenda by the Commission. 2. After ACHD Commission action, any request for reconsideration of the Commission's action shall be made in writing to the Planning and Development Supervisor within six days of the action and shall include a minimum fee of $110.00. The request for reconsideration shall specifically identify each requirement to be reconsidered and include written documentation of Devlin Place No. 2.cnmn Page 4 data that was not available to the Commission at the time of its original decision The request for reconsideration will be heard by the District Commission at the next regular meeting of the Commission. If the Commission agrees to reconsider the action, the applicant will be notified of the date and time of the Commission meeting at which the reconsideration will be heard. 3. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #193, also known as Ada County Highway District Road Impact Fee Ordinance. 4. 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. 5. 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. 6. 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. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. 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. 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. 9. 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. Devlin Place No. 2.cnun Page 5 Conclusion of Law: ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Should you have any questions or comments, please contact the Planning and Development Division at 387-6170. Submitted by: Commission Action: Planning and Development Staff November 29, 2000 Devlin Place No. 2.cmm Page 6 SUBD 'ISION EVALUATION S' ET Proposed Development Name Devlin Place Subdivision #2 File No. PP -00-025 Date Reviewed 11/16/00 Preliminary Stage X Final Engineer/Developer J.U.B. Engr. / Dan Wood The Street name comments listed below are made by the members of the ADA COUNTY STREET NAME COMMITTEE (under direction of the Ada County Engineer) regarding this development in accordance with the Boise City Street Name Ordinance. The following existing street names shall appear on the plat: "W. CHERRY LANE" "N. MAN O' WAR PLACE" "W. GEMSTONE DRIVE" The above street name comments have been read and approved by the following agency representatives of the ADA COUNTY STREET NAME COMMITTEE. ALL of the signatures must be secured by the representative or his designee in order for the street names to be officially approved. ADA COUNTY STREET NAME COM EE, GEN PRESENTATIVES OR DESIGNEES Ada County Engineer John Priester Date 112-114490 Community Planning Assoc. Sherriit w v Z'AL Date City of Meridian Cheryl Sable _ Date I/ �iuvy Fire District Meridian Representative Date 12 —/7 -OC NOTE: A copy of this evaluation sheet must be presented to the Ada County Engineer at the time of signing the "final plat", otherwise the plat will not be signed 1111 Subindex Street Index 3N 1 W 2 Section NUMBERING OF LOTS AND BLOCKS TRISUMSM CITY,FRM FG 4 .it `11 - ?1-11 IM"I'mmmmmal I-., immmmmma I, I 311f19 9� I r <t w aIm AV EIAOO N3A'VH H1�!40N FEB 14 if -797 :' � ,�l✓�' ,;rS: Kiri!>ai' 'Li �34 ME Cuny Brandaw Architects 00 PARTNERSHIP 2260 McUllchrist Street SE, Suite 100 .. Salem, Oregon 97302 603. 300-1000 •• N^ect 601. 300-1044 -- Fax 300-0665 PRESTIGE CARE INC 6623 N,E. 62ND AVE. PORTLAND, OREGON '17220 (Fna)2F3—A651