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HomeMy WebLinkAboutQuarterhorse Subdivision AZ-06-016 PP-06-010 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED JUL 0 6 2006 ~. .. eridian . k Office ~;;:Vd~'~j;;"\ I. JI).\t~(l V \s:~. II ':...~J,'\. ,,"'""--.,. ."" ,.....~"~.f~.]-,_II~,~~I!!':,y/~j.l..~ f m1 .~ In the Matter of Annexation and Zoning of 5.08 acres from RUT to R-4 (Medium-Low Density Residential) AND Preliminary Plat Approval for 14 single family residential lots and 2 common lots on 5.08 acres by Ryan Carnie. Case No(s). AZ-06-016, PP-06-010 For the City Council Hearing Date of: July 11, 2006 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 22,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 22,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 22, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 22,2006 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. 967-6503). 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, Rt:~ulutiun Nu. 02-382 and Map~. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP~06.01 0- PAGE 1 of 4 .~ ~'" 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of June 22, 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 9 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat Submitted and REVISED May 22, June 16, 2006 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of June 22, 2006 incorporated by reference. D. Notice of Applicable Time Limits Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years ofthe approval ofthe preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. U pOll written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP-06-01O- PAGE 2 of 4 <' final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis I. 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 twtlnty-eight (28) days after the final decision conceming the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code * 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use penllit 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 June 22,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP.06-01O- PAGE 3 of 4 _!-' By action of the City Council at its regular meeting held on the ~ .:Jt.c..b;;- , 2006. L/1'!J- day of COUNCIL MEMBER JOE BORTON VOTED ~ VOTED~ VOTED ~tf.../ VOTED ~ COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MA YOR TAMMY de WEERD VOTED ATTEST: S,c." .,. .... '..' .'1)". '. .Itc,";~.,"~ Copy served upun: c~ <1:,. ,if.p J / ,~~ " ~ '/<:l....... H~ ""," // " ,C\,. .,:, /:;.0 "\v " // cv--... '1"-...1 .,' /1; ~~ 1 t \\" / . 11ft 11\' Apphcant 11"'f! \,\11\ V Planning Department v Public Works Department J City Attorney By: jCiJ'tClln.l1J\ ~ City Clerk's Office - Dated: [- \ <(---ou: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-016 and PP-06-01O- PAGE 4 of 4 , ~" '''./'' CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 STAFF REPORT TO Hearing Date: June 22, 2006 Mayor and City Council oUedd/:n - '~ V If Y /c ) 'fm.! ID,\HO SUBJECT Joe Guenther, Associate City Planner Jennv Veatch. Associate City Planner Meridian Planning Department Quarterhorse Subdivision AZ~06~0 16 Annexation of 5.08 acres from RUT to R-4 FROM: PP-06-0l0 14 Single-family residential lots and 2 other lots V AR-06-008 Variancc to cul-de-sac length to 545 feet 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The request is for annexation and zoning of 5 .08 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R.4 zone (Mediwn-Low Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for thc subject property for 14 single-family lots all with detached products, and 2 common/other lots on 5.08 acres. Amenities for the development include an open space lot and parkway planters adjoining the streets. The applicant is also asking for a variance to the cul-de-sac length to 545 feet to achieve consistent lot configurations and meet the open space requirement. 2. SUMMARY RECOMMENDATION: Staff is recommending approval of the subiect annexation and zoning (AZ-06-016t preliminary plat (PP-06-010) and variance (V AR-06-008) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to provide water and sewer to the development via extensions of mains in Black Cat Road. The Meridian Plannine and Zonine Commission heard the item on April 20. 2006. At the public hearine thev moved to recommend approval. The applicant submitted revised preliminarv plat site and landscape plans based upon the Plannine and Zonine Commission's Recommendations. Chanees are reflected in bold and underscored in this report. On June 22. 2006 the Citv Council anoroved the subiect annlications. a. Summary of Public Hearing: i. In favor: Ryan Carnie, Lochsa Engineering (Applicant's representative) ii. In opposition: George Haneke iii. Commenting: None lV. Staff presenting application: Joe Guenther v. Other staff conunenting on application: Mike Calc b. Key Issues of Discussion by Commission: i. Access and turnaround. c. Key Commission Changes to Staff Recommendation: i. Modify the preliminary plat by rotating the proposal east and west so that the cul- de sac shall be to the west and access from W. Quarterhorse Lane to W. Morganhorse Court shall be to the east. Quarterhorse Subdivision AZ-06-0 16/PP-06-0 101V AR-06-008 PAGE 1 . a,. CITY OF MERIDiAN PLANNiNG UHARTMENT STAFF REPORT FOR THE HEARiNG DATE OF 06/22/06 -"" 11. Post W. Morganhorse COurt as not a through street. Please see Exhibit B below for changes. d. Outstanding Issue(s) for City Council: i. The requested variance was not acted on by the Commission. The applicant is requesting to construct a 545 feet cul-de-sac (UDC-ll-6C-B-4 restricts lcngth to 450 feet). PROPOSED MOTIONS (to be considered after the public hearing) Approve I move to approve File Numbers AZ-06-0 1 6/PP-06-0 ION AR-06-008 as presented in the staff report for the hearing date of June 22, 2006, and the preliminary plat dated }Jovember 9,2005 Mav 22. 2QQfi Revised .Tune 16. 2006 with the following modifications to the conditions of approval: (add any proposed modifications). Deny I move to deny Pile Numbers AZ-06-0l6/PP-06-0l0N AR-06-008 as presented at the public hearing on June 22, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat and you must state specific reason(s) for denial of the conditional use permit.) Continue I move to continue Pile Numbers AZ-06-0l6/PP-06-0l0N AR-06-008 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specitic reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 71 0 Black Cat Road SE comer of Black Cat Road and Pine Ave. b. Owner M2 Land LLC 1290 Butterfield Rd. San Anselmo, Ca 94960 c. Applicant: Ryan Carnie Lochsa Engineering 1311 W. Jefferson Boise Id 83702 d. Representative: Ryan Carnie e. Present Zoning: COUNTY-RUT f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit AI): NovemBer 9, 2005 May 22. ~ Revised .June 16. 2006 2. Date oflandscape plan (attached as Exhibit Al): February 14 June 14. 2006. h. Applicant's Statement/Justification: The proposed overall density (2.75 dwellings per acre). The City's designation of Medium Density Residential anticipates residential densities of Quarterhorse Subdivision AZ-06-0 16/PP-06-0 1 ON AR -06~008 PAGE 2 ~, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 3 to 8 dwellings per acre. However, the Future Land Use Map states that "other residential densities will be considered without requiring a Comprehensive Plan Amendment." The proposed density would be considered a "step down" in density to Low Density Residential. We believe the project will provide a development which will complement the surrounding land uses and will be compatible with the Castlebrook project to the north and the El Gato Subdivision to the west of the site. 4. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason ofthe provisions ofthe Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: April 3 and April 17, 2006 (for Planning & Zoning Commission hearing) and May 29 and June 12,2006 (for City Council hearing). d. Radius notices mailed to properties within 300 feet on: March 24, 2006 (for Planning & Zoning Commission hearing) and May 26,2006 (for City Council hearing). e. Applicant posted notice on site by: April 8, 2006 (for Planning & Zoning Commission hearing) and May 8, 2006 (for City Council hearing). 5. LAND USE a. Existing Land Use(s): Agricultural b. Description of Character of Surrounding Area: Agricultural/Urbanizing c. Adjacent Land Use and Zoning 1. North: Castlebrook Subdivision, R-4 2. East: Vacant- Agricultural- Single Family, Ada County RUT 3. South: UPRR - Ada CUWlty RUT 4. West: E1 Gato Subdivision, R-2 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Lucatiun uf Sl;;wer: T1Ullk main in N. Black Cat Road. Location of water: Water main in N. Black Cat Road. Issues or concerns: None. 2. Vegetation: Agricultural/Irrigated 3. Flood plain: NA 4. CanalsIDitches Irrigation: none. 5. Hazards: None Identified 6. Proposed Zoning: R-4 Quarterhorse Subdivision AZ06-0l6/PP-06-0l0N AR-06-008 PAGE 3 CITY OF MERIDIAN PLANNlNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OG/22/06 7. Size of Property: 5.08 acres 8. Description of Use: 14 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 14 2p common lots/landscaping 2. Non-residential Lots: 3. Common Lots: 2 4. Total Lots: 16 5. Gross Density: g. Landscaping 2.75 units per acre 1. Width of street buffer(s): 25 feet on Black Cat Road, 20 feet on Pine Avenue 2. Width ofbuffer(s) between land uses: none required (all residential) 3. Percentage of sitc as useable open space: The applicant has defined ..;;;:;.. .28 acres or ~ 5.51 % open space with parkways and Common Lot +2- .2. Block 1. 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan and parkways are installed consistent with UDC 11-3B h. Required Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC ll-3G-3 A and B. The applicant is showing: Public Open Space Area: Lot ~ ~ Block 1 as 3,423 sq/ft Street Buffers: Quarterhorse Lane - ~ 2.193 sq/ft Morganhorse Court -Parkways - Parkway planters along streets- 9-;44G 9.428 sq/ft total. Minus 26'x 8' x 14 = 2,912 sq/ft for ~ 6.516 qualified sq/ft for the parkways on single~ family detached, street loaded products. The total open space qualified is ~ 12.132 sq/ft qualified open space or ~ 5.51 % open space. 1. Proposed and Required Residential Standards RA (Standards) Setbacks ("'all streets local) Proposed ** measured from back of sidewalk Street setback to Living Area ** 15 Side Accessed Garage** 15 Front Accessed Garage** 20 Side 5 Rear 15 Quarterhorse Subdivision AZ-OG-O I 6/PP-06-01 ON AR-06-008 Required 15 15 20 5 15 PAGE 4 CITY Ur MERIDIAN PLANNING DEPARTMENT STAff REPORT FOR THE HEARING DATE or 06/22/06 Street frontage- With garage facing street 60 60 Lot Size -SF detached With garage facing street S,UUO 8,000 Maximum Building Height 35 35 Minimum Living Area 1,400 1,400 J. Proposed and Required Non-Residential Non-residential lots are to be used for landscaping and open space. k. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to Black Cat Road and Pine Avenue is prohibited. Access to Black Cat will be through extension and dedication of Quarterhorse Lane, currently a private street with 50' of right of way, a stub street with full services shall be provided to the property west ofthc site which will remain Quarterhorse Lane, a private street. For a detailed report on the public streets and access points to public streets, please the attached staff report from thc Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On March 31, 2006 staff held an agency comments meeting, all agencies attending provided eommcnts as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Th~ subject site is designated 'Medium Density Residcntial' on the Meridian Comprehensive Plan Future Land Use Map. In Chapter VII ofthe Comprehensive Plan, medium density is defmed as areas including single.family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed density of (2.75 d.u./acre) for the subject application does not conform with the Meridian Comprehensive required density. The Future Land Use Map states that "other residential densities will b~ l.:Uusidered without requiring a Comprehensive Plan Amendment." The proposed density would be considered a "step down" in density to Low Density Residential. The roadway construction and required landscape buffers lowers the overall density of the proposed project, but staff believes the project meets the purpose and intent of the Medium Density designation. In the applicant's submittal letter, dated February 15, 2006 several Comprehensive Plan policies are listed (please see applicant's l~tt~r). Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): . Require that development projects have planned for the provision of all public servlces (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. . The subject lunds currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian Quarterhorse Subdivision AZ-06-0 16/PP-06-0 1 ON AR-06-008 PAGES ClTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 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 Sher(f{'s Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). . The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. . "Restrict curb cuts and access points on collectors and arterial streel:>." (Chapter VII, Goal IV, Objective D, Action item 2) Stafffinds that Black Cat Road will serve as the main access pointfor all the properties in this subdivision as well as a connection into the future public road to the East of the site. . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25-foot wide landscape buffer along Black Cat Road and a 20-joot wide landscape buffer on Pine Avenue. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-o.fway. See Site Specific Conditions in the Preliminary Plat section below in Exhibit C. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" [rum the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The applicant is providing sidewalks alung all internal street systems and a common lot connection to Quarterhorse Lane. . Protect existing residential properties from incompatible land use development on adj acent parcels (Chapter VII, Goal IV, Objective C, Action 1) Quarterhorse Subdivision AZ-06-0 16/PP-06-0 I ON AR-06-008 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE or 06/22/06 All of the properties adjacent to the subject site are designated for Medium Density Residential or Low Density Residential uses on the Comprehensive Plan Future Land Use Map. . Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for medium density residential development. This proposal meets the intent of the Comprehensive Plan definition of medium density, even though the gross density of 2.75 dwelling units per acre is lower than the stated range of 3 to 8 dwelling units per acre. (See previous discussion.). Staff has reviewed Quarterhorse Subdivision under the Medium Density Residential Meridian Future Land Use Map designation and finds the application consistent with the comprehensive plan designation. Stafffinds that the proposed zoninf! and subsequent uses (sinr!le-familv homes) will be harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Allowed lJ~e~ in the Residential Districts: UDC Table 11-2A-2 lists single-family residential development uses as pennitted uses in the R-4 zoning district. b. Purpose Statement of Zone: MEDIUM-LOW DENSITY RESlUENTIAL DISTRICT (R-4) The purpose ofthe residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. Residential land uses are also allowed within the O~T, TN-C, and TN-R districts as set forth in Chapter 3 Article D. c.1l-3G-l: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for common open space and site amenities in residential districts that improve the livability of residential neighborhoods, buffer the street edge, and protect natural amenities. 9. ANALYSIS 9a. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Quarterhorse Subdivision AZ-06-0 16/PP.06-0 101V AR-06-008 PAGE 7 CiTY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OP 06/22/06 Ordinance, staff believes that this is a good location for the proposed single family residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on February 15, 2006 by Michael Engbritson, PLS) shows thc property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 1.4 That all future development of the suhject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11-5B-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the homol!enous nature of onlv residential uses. the submission ofa development proposal (PP-06-010). and the compliance with Meridian Citv Unified Development Code. staff believes that a Development Agreement is not necessary to ensure that this propertv is developed in a fashion that is consistent with the comprehensive plan designation and does not negatively impact nearbv properties. lfthe Commission or Council feels a development agreement is necessary staff recommends a clear outline of the commitments of the developer being required. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: (Connectivity) The stub street from Black Cat Road shall provide connection to the site as well as for future cOlU1ections east of the site. The access to Black Cat Road is anticipated as the only access point for all four of the RUT parcels which currently take access from Quarterhorse Lane. No direct access is allowed to Black Cat Road is approved outside of the point of connection pennitted by ACHD. 2.2. Landscaoinl!: Staff is generally supportive of the landscaping design with the following considerations: The 25 feet of right-of-way landscaping on Black Cat Road shall be maintained by the Home Owners Association. The landscape plan shall show trees in the parkways compliant with UDC 11- 3B-7 Quarterhorse Subdivision AZ~06-0 16fPP -06-0 ION AR -06-008 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 Prior to final plat the applicant shall submit a landscape plan depicting any changes to the landscape plan as detailed by this report. 2.3 Tree Mitilzation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches. Laterals. and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Nampa Meridian Irrigation District has requested a Land Use Change Application be flied with the district. 2.5 Pressure IrriL!:ation: The City uf Meridian requires that pressmized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single- point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3B-6. See Site Exhibit B below. 2.6. Fencinl!: The applicant is not showing a fencing plan. A detailed fencing plan should be submitted upon application of the final plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The applicant shall comply with all fencing standards as listed in UDC 11-3A-7. 2.7 Unimproved RilZht-of-Wav: Meridian City Code requires a 10-foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. The remainder of the unimproved right-of-way should be landscapcd with lawn or other vegetative groundcover. Black Cat Road is shown as 23' from edge of pavement to the required landscape buffer. The applicant shall construct a 10' gravel shoulder with the remaining portion of the future right-of-way lots being landscaped with lawn or other vegetative groundcover, However Black Cat has currently been widened in this area, if the new edge of pavement is within 13' of the landscape lot then the applicant shall not be required to provide the gravcl shoulder. 2.8 Amenities: UDC 11-3G-3 is the qualified site amenity requirement. Amenities are to be provided as part of each plat based on number of acres per site. The applicant is not proposing amenities for this site due to the small size of the development. 2.9 Common Open Space: The applicant is required to provide a minimum of five percent qualified open space. UDC 11-3G-3 A and B. The applicant is showing: Public Open Space Area: Quarterhorse Subdivision AZ-06-016/PP-06-0101V AR-06-008 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 Lot +2, ~ Block 1 as 3,423 sqlft Roadway Buffers: Quarterhorse Lane - +;eoo 2.193 sq/ft Morganhorse Court (parkway) - ~ 6.516 sq/ft The total open space qualified is 12.132 sq/ft qualified open space or ~ ~% open space. 2.10 Variance to cul~de~sac lenlrth: The applicant has submitted a Variance application for extending the cul~de~sac length on W. Morganhorse Court from the required UDC~11~6C~B~4 length of 450 feet to 545 fect. Thc applicant is proposing the length to achieve consistent lot configurations and meet the open space requirement. Providing a cul-de-sac allows the Common Lot 5 to remain with emergency access, rather than eliminating it to provide a second connection to W. Quarterhorse Lane or take access to Black Cat Road/W. Pine Street, both classified roadways. See Section below 3. VARIANCE: The applicant has requested a variance for extending the length of the cul-de~ sac on W. Morganhorse Court to 545 feet. The required cul~de~sac length in the Meridian City Unified Development Code is 450 feet. A cul~de~sac allows the applicant to meet the required R.4 standard of 8,000 square feet minimum lot size and also meet the required 5% open space. The subdivision will not take direct access from W. Pint: Sl. or Blal,;k Cat Ruad. Due to the close proximity of the Black Cat/W. Pine St. intersection, staff does not believe that having Morganhorse Court intersect Black Cat Road or W. Pine Street (arterial streets) is a realistic option for this property. The applicant has agreed to post W. Morganhorse Court as not a through street. Please see the variance [mdings in Exhibit D below. b. Staff Recommendation: Staff recommends approval of AZ~06~016, PP-06-01O, and V AR-06- 008 V AR~05~024 for Quarterhorse Subdivision as presented in the staff report for the hearing date of June 22, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. On April 20. 2006 the Planninl! &Zooiol! Commission voted to recommend approval of the subiect development with the modified conditions listed in Exhibit B. On .June 22. 2006 the Citv Council annroved the subiect annlications. 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated: MS?' 22 Revilled .June 16. 2006) 2. Landscape Plan (dated: June 14,2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District Quarterhorse Subdivision AZ-06-0 16/PP-06-0 1 ON AR-06-008 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 C. Legal Description D. Required Findings from Zoning Ordinance Quarterhorse Subdivision AZ-06-0 16IPP -06-0 iON AR-06-008 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR THE HEARING DATE OF 06/22/06 A. Drawings 1. Preliminary Plat (dated: Revised June 16,2006) T~ ~', II {~ E;! ~ ij ii' ---::l ~'i \l ~ ~ ~~i'J~\\-++ "- ~ j ~ I ~ ~ ~ In. ~ ", 1-' v~f i~ --' 1~1 ; I. ;, ! !. ~(-:I l ~LI".r~ f ~f I"' \ !I~ \ ~i ~-1'1 '"'- ~'--II\'!.~ I I. i ~~ rl t" ~~l j i ~ i; I ! i , ,P i '" li'l !. i\ i l-.i. '--- 1 ._~" ~ I ~,. ~ :1 ~~:; f~ ~ !lWlHii! l~;i i~i ii'i l~!i ilm~ !h~;,dl; .ii~ &3" b!: ;;E ~h~~ !- ~ ~l:"I~~.3~: illl , ~ ~1'1l ~,i! ;i~!'i ~:l!~ ~ i~IU~ ~~! i1011 ~Ii; ~!:i H!I ~:~, Hm ~ I ,", .,.1' i'l .11 iel <~il .8j" ~ 'I" . j,l ~ ~h '~l l'i' · ~ . li~lli! H~ -:\ II j~ 7<' u"~'~' I I I I I: I I . .1 I . .' ., I ' C>!:. i I. II ': I' b:(...1 ",":."0<&'. <" III ~...~ ,. II 11' I: L~ . .. I i II I I IffiEI~ I ~!! il!! II! ~ ~ i i III i I i I s I! ;~;~ . lP'iO'n".5!p'h,;i !i ~ ~leqli;;IHqq ~~i : . 'il!'~~'"'' i i I! P ~ I ' ~ ~ ~ I' ~ . ! . ~. ~l : 0";'"~... ."..;;;;.... -/"a ~ I ".... .: . w. .,_.~ '. _< ... tfiil~'~~ ~ .,.., ". Quarterhorse Subdivision Exhibit A Page 1 PRELIMIN"RY f'I.AT QU.b.f;l:f!RHOFl:SE 5uBI)I\l11!i10H ~ ~?..C.ll;~~~ ENGINEERING (fff'o'I1[II'Alrm/ol L~} .\iI,JI/~1:~.\.. ~ ., ~.'=1It:lrl!.718ll."~ li",,)}.j.)"'. fg _,_Fi.a<!!.~.M)._ ~=~U:::..if~]~~~:;l~~ !}{ I I I --"r t,: i: I I I I I I 1 1 I ., I ---I I I .., _,. oc~,..l. ,,_. I ~ ~ ~ " {-....>,-~ CITY Of MERIDIAN PLANNING DEPARTM.ENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 2. Landscape Plan (dated: June 14,2006) , l ~!. l . "I; :~.I?' , 'j i ;#,~~ r ';/ rt ~ . \.: ; } ~ m ~~ ~ ! ~1i ! !~ . j n ii~i~~\ 1 f ~ I :'1 , I ~. :", iil::;l ; .~! ,~~11; 'i! ; ~ . .. j . , (1' ~ : : ";. :~~- ; ~ I ~ ----: 21 ~ , ::: ~ ~ i ~ . i nWd 1I1~1 n!~.~~ 111;11 'liP ,I ~ !II i I Quarterhorse Subdivision Exhibit A Page 2 III I II b N. i1LACIi CA T nOAO !I ~~'=-T,.,;L~==-'=.~I~'~'='=;"-"-'-'-'---'ir , i . - ','---~.~'-'~'ll I j . i I ' i I . ; I , I . I · I , I i I jii , 'j I I ,.' . . ; .1 ~: I !. ~I ' ;0 \ ; I e', 1;0 !> j '"1 ~ i ~ ! ;-i i I ~ j · "' ~ t ! :< r ~ I " '.'1\ i:i I ~ ~ r< - -~,~ I II II II " " I n,~._n_n \n~ .,,: I · i ; 1.- ; . I , ~ i ~ Ii '! H 5 .' - i ! ! !illllijii Ill" il i!lilllll!l! 'i~ 111!lli I ~II ~ 11'1 " ~ I. I I ~ I , I {>-~ 'iji'ij'i".lmi;;iiii'I'I~ I.. 1111""1 · '.j Ilill, mil ~ hI 'II!. !ill I I ii' hi!II,! i ~ 111:f\1l1 1- '! II,' Iii I I", f. I I:' 1 . 'I I ~;: I , !I~ ~ ~ .~ 'l! I 11' I i , 'I " - - , fiE;{t; .:.' ,,;r~~~H~ . .'~ J 1 ~..L ~.-., I' p't; ,I'il!!!!:! iiili:!I. ;; II j'; ;li!j11i )IU ;:;:1 !~I \. .;., I I: ; ~j It~ 11.- :l l lAND:!.CIIoPr:. PlAN QU.4RTERtlO~Se- 51.1BDMS10N ~ lOCHSA ENGINEERING ~ ,3tlllL'- EM}l.aRITSDi<lLAfJDS(./IIIIICY$.1N(,: _ n_ '=-! __.=-' ~~ZIII!I)JoI~_"'",j...,.a"'IJ'2-~l't _ _i.._='....{___ ~L~~" c::.:.~=.='=~..;:r~~~;:: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled dated N0vemher 9, 2005 Ull~: 22 Revised June 16. 2006 prepared by Lochsa Engineering, is approved, with the required amendments and conditions listed herein. All conunents/conditions of the accompanying Annexation/Zoning (AZ-06-0l6) shall also be considered conditions of the Preliminary Plat (PP-06-0 1 0). 1.1.2 The applicant shall construct a 25-foot landscape buffer along Black Cat Road and a 20-foot landscape buffer on Pine Avenue, the sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to Black Cat Road or Pine Avenue as required by ACHD. A note shall be placed on the final plat restricting access to Black Cat Road and Pine Avenue. 1.1.4 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to any changes required by this report. The landscape plan shall be modified to reflect the conditions contained in this report and the revised preliminary plat and shall be submitted with the final plat application. 1.1.5 A detailed fencing plan in accordance to UDC ll-3A-7 shall be submitted with the final plat. 1.1.6 The submitted landscape plan prepared by Bailey Engineering, dated February 14, 2006 is approved. The following should be included in the finallandscapc plan: . All parkway landscaping shall be consistent with UDC ll-3B-7 . The applicant shall certify that one tree per 8,000 square feet of lawn has been provided. . Provide parkway trees on the internal streets as proposed. All parkway trees shall be Class II trees. . A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC Il-3B- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.7 All road drainage shall he contained on site in the drainagt: swales/areas as depicted. 1.1.8 Maintenance of all common areas shall be the responsibility of the Quarterhorse Subdivision Homeowners' Association. 1.1.9 The planter strip between the curb and the near edge of the sidewalk along al1 the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT fOR TIlE IlEARING DATE OF 06/22/06 II trees. The applicant shall coordinate tree placement along W. Quarterhorse Lane with the Meridian Parks Arborist. 1.1.10 The applicant shall modify the preliminary plat hv rotatine: the proposal east and west so that the cui-de sae shall be to the west and access from W. Quarterhorse Lane to W. More:anhorse Court shall be to the east. 1.1.11 The applicant shall post W. More:anhorse Court as not a throue:h street. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.2.2 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 ODC 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 permitted under UDC 11.3B. 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 ofUDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time or final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If pemlaIlt:nt fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fencing should be installed in accordance with City Code. 1.2.4 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. 1.2.5 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by Settlers Irrigation District. Plans will Heed to be appmved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval i'mhmitted 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. 1.2.6 Staff s failure to cite specific ordinance provisions or terms of the approved annexation/plat does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Black Cat Road. The applicant shall install mains to and through this project, coordinate main size and Exhibit B Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OG/22/0G routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub~grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Conceptual sewer profiles show a change of grade in a main line without a manhole, this shall not be allowed. 2.3 Minimum grade on dead end runs shall be 0.6%. 2.4 Water service to this site is being proposed via extension of mains in N. Black Cat Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.5 If any of the existing houses are to remain then the applicant shall be responsible for the payment of assessments and the actual physical hook-up for that house to the municipal services. 2.6 The applicant shall submit concurrently with final plat application, a detailed groundwater report. If groundwater is as shallow as intimated by the letter from GeoTek, a grading and drainage plan may be required. 2.7 Any potential reimbursement agreements must comply with all requirements of City Code 9-1.13 and 9-4-19, which includes the preliminary agreement (which includes footage, sizc, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.8 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore, a letter of plan approval shall be required prior to scheduling of a pre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point 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. 2.10 All existing structures spanning lot lines or not meeting setbacks shall be removed prior to signature on the final plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Additional width to the puhlic utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of easement past the sidewalk. 2.13 Any existing domestic wells and/or septic systems within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non- domestic purposes such as landscape irrigation. 2.14 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A.6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non~approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 approved by the Meridian City Engineer prior to final plat signature. 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.16 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.17 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. 2.18 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and thc Fair Housing Act. 2.20 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2.22 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.23 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. 2.24 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 ufhumt:s is at least I-foot above. 2.25 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All strt:dlight:s shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Pinal design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and pennit from the Public Works Department prior to commencing installations. 3. Fire Department 3.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.2 One and two family dwellings will require a fITe-flow of 1,000 gallons per minute availahle for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of500 feet apart. International Fire Code Appendix C. 3.3 Pinal Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The Pire hydrant shall not face a street which does not have addresses on it. c. Pire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have thc curb painted red 10' to each side of the hydrant location. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 e. Fire Hydrants shall be placed on comers when spacing pennits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the !FC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 3.5 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.6 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.7 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District Site Specific Conditions of Approval 7.1 Construct the Quarterhorse Lane as a 36-foot street section within 50-feet of right-of-way. A minimum of 24-feet of pavement should be constructed with this aoolication. with full imorovements on the north side. 50-feet of right-of-way should be dedicated with this application. 7.2 Construct a temoorarv turnaround at the stub of Ouarterhorse Lane: or relocate the intersection of Quarterhorse Lane to within iSO-feet of the ed2e of oavement (east property line) for the stub to the east. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 7.3 COl'lstrnct BIsek Cat Read tel ellle half elf a 72 foot street seetioll '.vith:il'l 96 feet of right of way. 23 f-eet elfright of vlixy shol:11d be deGieated with tms aJlJllieatisB (at> JlfsJlssed). Construct a 5- foot wide detached sidewalk within the rh!ht-of-wav along: Black Cat Road to be no closer than 41-feet from center line. 7.4 Dedicate 48-feet of rieht-of-wav from the centerline of Black Cat Road abutting: the parcel bv means of a warranty deed. The rieht-of-wav purchase and sale aereement and deed must be completed and sig:ned bv the applicant prior to scheduling: the final plat for sienature bv the ACHD Commission or prior to issuance of a buildine permit (or other required permits). whichever occurs first. Allow up to 30 business davs to process the rie:ht-of-wav dedication after receipt of all requested material. The owner will be paid the fair market value of the rig:ht-of-wav dedicated which is an addition to existing: ACHD rie:ht-of-wav if the owner submits a letter of application to the impact fee administrator prior to breaking: g:round. in accordance with the ACHD Ordinance in effect at that time (currentlv Ordinance #200). if funds are available. 7.5 Construct Pine Avenue to one half of a 36-foot street section (residential collector) within 50-feet of right-of-way with vertical curb. g:utter. and 5-foot attached sidewalk abutting: the site.10- feet of right-of-way should be dedicated with this application. 7.6 Construct Morganhofse Court as a 29-foot street section within 50-feet of rig:ht-of-wav with vertical curh. !!utler. and a 5-foot attached sidewalk. Parkin!! will he restricted to one side of the roadway. and fire department approval is required. 7.7 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.8 Any existing irrigation facilities shall be relocated outside ofthe right-of-way. 7.9 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.10 All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. 7.11 Replace any existing damaged curb, gutter and sidewalk and any that may be damagt:d during tht: construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.12 Comply with the District's Tree Planter Width Interim Policy. 7.11 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.13 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. Exhibit B Page 6 CITY OF MERIDiAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 7.14 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. 7.15 Construction, use and property development shall be in conformance with all applicable requirements ofthe Ada County Highway District prior to District approval for occupancy. 7.16 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.17 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 (spart: or filktl) art: compromised during any phase of construction. 7 .18 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 confmnation of any change from the Ada County Highway District. 7.19 Any change by the applicant in the plalll1ed 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 plalll1ed use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B Page 7 CITY or MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 Exhibit C. Legal Description ELS ENGEBRITSON LAND SURVEYS, INC. 2251 S. Sumac Street, Boise, Idaho 83706 i Telephone (208) 859-6032 Fa~ (208) 383-0892 I February 15. 2006 Quarterhourse Subdivision Project No, 251087 5.08 acres or 221,193 s.f., more or less Quanerhorse Subdivision A tract of land situated within the Northwest % of the Slluthwest l4 of Section 10. Township 3 North, Rqe 1 West, Boise MerIdian, Ada County, Idaho, described as follows: Commencing at a found aluminum cap monumenling the Southwest comer of said Section 10, thence ilortheriy along !he westerly fine of said Southwest Y4 and the center fine of North Black Cat Road North 000.25'.10" East a distance of 2652.87 feet to a found brass cap monumenting the West % comer of said Section 10 and the center li~e intersectiOn of said North Black Cat Road and West Pine Avenue, the POINT OF BEGINNING. ' Thence easMr1y along the center line of said West Pine Avenue and the nor1herty line of said Soutl'\West % of Section 10, South 89".24'-30" East a distance of 525,10 feet to a found steel pin; I ThenCe leaving said line South 000-25'.10" West a distall('.e of 420.45 feet to a found steel pin: Thence NorUl890-34'-5O" West a distance of 525.10 feel to a found sIeel pit on the center line of s8id South Black Cal Road and the westerly fine of said Southwe9t l4; Thence nor1heIty along said center fine Md said westet1y line North 00"-25'.10" East a dmtance of 422.03 feet to !he POINT Of BEGINNING, The above-described tract of land contains 5.08 acres more or less, subject kJ aM existing easements and rights-of-way. IJt~" ~~\I~e.~~pplf~lt~ s~.~- p\JB\-IC ~~K\O\~~ 0\;:1'1. ""o\<.~" C:\EL5IPROJECT~1087\ADMIN\LfGALSI25'087BORY ,DOC Exhibit C Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 EXHffiITD: Required Findings from Zoning Ordinance Annexation Findings: UDC 11-5B-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-4 Medium-Low Density Residential District. Council fmds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. In Chapter VII of thc Comprchensive Plan, 'medium density' is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Council finds that the requested residential zoning designation, R-4, is harmonious with and in accordance with the 2002 Meridian Comprehensive Plan and Future Land Use Map, which designates the SE comer of at Black Cat Road and Pine Ave to be medium density residential. The density proposed with the preliminary plat is consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan. Council finds that the proposed zoning is in general conformance with the comprehensive plan (please see Sectiun 8 uf the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site. Council does not anticipate that the applicant plans to rezone the suhject property in the future jf the accompanying Preliminary Plat application is approved. Council finds that the single-family homes would be allowed (permitted) within the requested R-4 district. The entire site is being proposed as residential and upon build-out staff would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has not submitted elevations for the proposed units which are anticipated to be designed and constructed to meet similar architecture to the single family detached residences of the near vicinity. Council believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated lower density uses east of the site in the E1 Gato development and the adjacent county parcels to the east, also with Medium Density Residential Comprehensive Plan designations. Council fmds that the proposed development will change the existing character of the area, which is sti1llargely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not fmd that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, staff does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Commission and Council should rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit E Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE Or 06/22/06 to, school districts; and, The abutting roadway Black Cat Road is in ACHD's Five Year Work Program or CIP (20-year plan) for road widening and has recently been upgraded Pine Avenue was widened to accommodate the Castlebrook development. The subject property is generally surrounded by rural residential acreages. Council does not fmd that there has been a change in the area that dictates that this property should be rezoned. However, the Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any othcr agcncics or departments regarding whether this property should be annexed. Other urban services, such as water, arc ncar to this sitc and thc applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B. On March 31,2005, a joint agency/department comments meeting was held with representatives uf key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments. Council finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Council does not find that there has been a change in the area that dictates that this property should be rezoned. The Commission and Council should rely on staff's analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E). Due to the residential nature of the general vicinity, the project's confonnance to the Unified Development Code, and the applicant's agreement to abide by the conditions of approval contained in this staff report, Council fmds that the annexation and zoning of this property to R-4 would be in the best interest of the City. 2. Preliminary Plat Findings: In determining the 8C'C'eptance of 8 proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord Exhibit E Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 06/22/06 the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. The Commission and Council should reference any public testimony that may be presented to determine whether or not the propused subdivisiun may cause ht:alth, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Council is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to improve all waterways on this site. 3. Variance Findings The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4E ofthe UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: City Council finds that the granting of a variance to the property will grant a right or privilege that is not otherwise allowed in the district. However, there are existing site constraints which justify a longer cul-de-sac on this site. The subject property is located on the southeast comer of Pine Avenue and Black Cat Road. The property has minimal frontage on Black Cat Road and Pine Avenue, both classified roadways. Due to the close proximity of the Black CatlPine Avenue intersection and the minimal amount of frontage this site has, Council does not believe that having Morganhorse Court intersect Pine Avenue or Black Cat Road is a realistic option for this property. The City and ACHD generally try to limit access points to arterials, especially at major intersections. Council believes that granting the subject variance is a better option than requiring a public street connection to the adjacent public street so close to the intersection. B. The variance relieves an undue hardship because of characteristics of the site; In this case, Council believes that strict compliance with the City's maximum cul~de-sac length would effectively hamper the re-development of the subject property for residential use. It is simply not efficient to meet the City's established standards and obtain the full development potential of this site without granting the variance. Due to the dimensions of the subject parcel and the close proximity to the PineIBlack Cat Road Exhibit E Page 3 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 0611110b intersection, strict compliance would result in an extraordinary hardship to the developer and hamper the re-development of the subject site. C. The variance shall not be detrimental to the public health, safety, and welfare. City Council finds that allowing the cul-de-sac length to be extended would not be detrimental to the public health, safety, and/or welfare. Exhibit E Page 4