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HomeMy WebLinkAboutWoodburn Subdivision AZ-05-041 PP-05-041 CUP-05-042 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 10.15 Acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat Approval of Forty-Seven (47) Residential Lots and Ten (10) Common Lots on 10.15 Acres AND Conditional Use Permit for a Planned Development that Includes Reductions to the Minimum Lot Size, Street Frontage, and Setbacl{s of the R-8 Zone, for Woodburn Subdivision, by Centennial Development, LLC. Case No(s): AZ-05-041I PP~05-041, CUP-05-042 For the City Council Hearing Date of: October 11, 2005 A. Findings of Fact 1. Hearing Facts a. A notice of a public hearing was published for two (2) consecutive weeks prior to the City Council public hearing, the first publication appearing and written notice mailed to propeliy owners or purchasers of record within three hundred feet (300') ofthe external boundaries of the property. The notice of public hearing before the City Council was posted upon the property under consideration more than one week before said hearing. All other noticing was done consistent with Idaho Code S67- 6509. The matter was duly considered by the City Council at the October 4, 2005, public hearing(s). The applicant, affected propeliy owners, and government subdivisions providing services within the planning jurisdiction of the City of Meridian were given full opp0l1unity to express comments and submit evidence. b. Written and oral testimony was received on this matter, as reflected in the records of the City Clerk (for written testimony) and in the official meeting minutes (for oral testimony). c, The Plmming and Zoning Commission conducted a public hearing and issued a written recommendation on the subject matter to the City Council. d. The City Council heard and took oral and written testimony and duly considered the evidence and the record in this matter. 2, Process Facts a. There has been compliance with all notice and hearing requirements set forth in Idaho Code ~67-6509, 6512, and Meridian City Code SS 11-15-5 and 11-17-5 as evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of Posting filed with the staff report. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECIS.ION & ORDER CASE NOeS). AZ-05-04] / PP-05-041 / CUP-05-042- PAGE 1 of 4 3. Application and Property Facts a. In addition to the application and propelty facts noted in the staffrepOli and the Planning & Zoning Recommendation for the subject application(s), it is hereby verified that the property owner(s) of record at the time of issuance of these findings is Oscar Paulson, 4. Required Findings per Zoning and Subdivision Ordinance a. See attached Staff Report for the findings required for these applications. B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67- 6503). 2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all CutTent zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No, 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code @ 11-17-9. 4, Due consideration has been given to the comment(s) received fl:om the govemmental 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 ifthe 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 Descriptions in the attached Staff Report, the Preliminary Plat dated July 10, 2005 as shown in the attached Staff Report, the Site Plan dated July 10, 2005 as shown in the attached Staff Report, the Preliminary Plat Conditions as shown in the attached Staff Report, and the Conditional Use Permit Conditions as shown in the attached Staff Report. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the applications. C. Decision and Order CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-04 I / PP-05-04 I / CUP-05-042- PAGE 2 of 4 Pursuant to the City Council's authority as provided in Meridian City Code ~ 12-3-5 and based upon the above and foregoing Findings of Fact which are herein ad opted I it is hereby ordered that: 1, The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated July 10, 2005 is hereby conditionally approved; 2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 10, 2005; and, 3. The Site Specific and Standard Conditions are as shown in the attached StaffRepOli. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that after the date of approval of the preliminary plat, the owner or developer shall have one year within which to file the request for approval of the final plat. After approval of final plat, the owner or developer shall have one year to begin construction ofthe public utilities and one year thereafter to complete construction of those public facilities. (MCC] 2-2-4.B & C.) 2. Notice of Eighteen (18) Month Conditional Use Permit Duration Please take notice that the conditional use permit shall be valid for a maximum period of eighteen (18) months unless otherwise approved by the council. Duling this time, the penuit holder must commence the use as pennitted in accordance with the conditions of approval, satisfy the requirements set forth in the conditions of approval, acquire building permits and commence construction of permanent footings or structures on or in the ground. In this context "structures" shall include sewer and water lines, streets or building construction. The applicant has specified in the application and to the commission and council a construction schedule and completion date for the project. If the completion date specified for the project is exceeded, the conditional use application shall become null and void. However, the applicant may submit an application for a time extension on the project for city council review. The application for time extension shall be submitted at least thirty (30) days prior to the deadline for completion of the project. For projects requiring platting, the final plat must be recorded within this eighteen (18) month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to the first phase. In the event that the development is made in successive contiguous segments or multiple phases, such phases shall be constructed within successive intervals of one year from the original date of approval by the council. Tfthe successive phases are not submitted within one year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-4.B.) E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67 -8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-041 / PP-05-04 I / CUP-05-042- PAGE 3 of 4 with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue, A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed, 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 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 penuit approval may within twenty-eight (28) days after the date of this decision and order seek ajudicial review as provided by Chapter 52, Title 67, Idaho Code, F. Exhibits Exhibit A: Staff Report By action of the City Council at its regular meeting held on the t?UIV~, 2005. / If!:- day of COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED ~~ VOTED ~ VOTED~ VO 'E> COUNCIL MEMBER CHRISTINE DONNELL COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MA YOR TAMMY de WEERD (TIE BREAKER) and City Attorney. By: 8haJ1 rn ~4f^~ Ci ty CI erk' s Office Dated: }D-/~-oS: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-05-041 I PP-05-04 I I CUP-05-042- PAGE 4 of 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. OUESTIONS? CALL 12(8) 884-5533 TO FROM: SUBJECT 1i.l,\HO STAFF REPORT Meridian City Council I-Iearing Date: 9/15/2005 City Council Craig Hood, Associate City Planner Woodburn Subdivision AZ-05-041 Atmexation and zoning of 10,15 acres from RUT (Ada County) to R-8 (Medium Density Residential), C;JvG;;;jian PP-05-041 Preliminmy plat including 47 residential lots and 10 common lots on 10.15 acres. CUP-05-042 CUP/PD includes reductions to the minimum lot size, street frontage and setbacks of the R-8 zone. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Centennial Development, LLC, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and Conditional Use Permit for a Plmmed Development (CUP/PD) approval of 47 building lots and 10 common/other lots on 10.15 acres, The site is located on the west side of Venable Lane, approximately 600 feet north of Us tick Road, This site is currently IUral residential with one single-family residential building and accessory buildings. The site has not been previously platted, 2. SUMMARY RECOMMENDATION: The subject property is within the Urban Service Planning Area. The subject applications (AZ, PP, and CUP/PD) were submitted to the Planning & Zoning Department for concurrent review. Staff has provided a detailed analysis and conditions of approval for the requested annexation and zoning, preliminary plat, and conditional use permit applications below. The Meridian Planning and Zoning Commission heard the item on September 15, 2005. At the public hearing the PI31ming & Zoning Commission voted to recommend approval of the proposed Woodburn Subdivision submitted as AZ-05-04L PP-05-04L and CUP-05-042 with the conditions of approval as outlined in this report. a. Summary of Public Hearing: 1. In favor: Shawn Nickel (Applicant's Representative) n. In opposition: Shane Baker, Katie Baker 1Ii. Commenting: None iv, Staff presenting application: Craig Hood v. Other staff commenting on application: None b. Key Issues of Discussion by Commission: 1. Density and zoning of the subject property and adjacent properties, c. Key Commission Changes to Staff Recommendation: None d. Outstanding Issue(s) for City Council: None 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: Woodburn Subdivision AZ-05-04], PP-05-041, CUP-05-042 PAGE I CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 840 W, Ustick Road / west of Venable Lane, north of Us tick Road, within 4NI W36 b. Property Owner of Record: Oscar Paulson 9139 Covey Hill Court Boise, Idaho 83709 c, Applicant: Centennial Development 36 E. Pine Street Meridian, Idaho 83642 d. Representative: Shawn Nickel, Land Consultants, Inc, e, Present Zoning: COUNTY f. Present Comprehensive Plan Designation: Mixed Use--Community g. Description of Applicant's Request: The applicant is requesting concurrent approval for annexation and zoning of the subject 10.15 acres to R-8, preliminary plat approval of 47 buildable lots, and conditional use permit approval for a planned development with reductions to the minimum lot size, street frontage and setbacks of the R-8 zone, The applicant is proposing 24 attached lots and 23 detached single-family lots. A gross density of 4.63 dwelling units per acre is proposed. As amenities, the applicant is proposing usable open space in excess of 13 percent ofthe site, playground equipment and a picnic area on Lot 13, Bock 3, and an internal pathway system. Access to the development is proposed from Venable Lane to the east and via an existing stub street from Sielma Creek Subdivision to the north. I. Date of preliminary plat (attached as Exhibit AI): 07/10/05 2, Date of CUP site plan (attached as Exhibit A2): 07/10/05 3. Date of landscape plan (attached as Exhibit A3): 07111/05 h, Applicant's StatementlJustification (see Applicant's Submittal Letter): Shawn Nickel, representing Centemual Development, LLC., states that this development is being submitted under the guidelines set forth in the Meridian Zoning Ordinance. This development meets the purpose statement for a PD by providing a development that preserves scenic featmes, provides a more efficient pattem of residential uses, fosters innovative design concepts and provides for both common open space and amenities not found in traditional developments, Two housing types have been provided within this development. These housing types include standard single-family detached dwellings and attached dwellings (townhouses), The proposed density is in compliance with the intent of the Comprehensive Plan Future Land Use Map, The requested zoning is in compliance with the City's Comprehensive Plan and will benefit the public interest by providing a mix of desirable housing needs to this area of the City while allowing for the continued improvement and expansion of city services and an increase in the City's tax base. Woodbum Subdivision will be a quality and compatible addition to this area of Meridian. 4. PROCESS FACTS a, The subject application will in fact constitute an annexation and rezone as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a Woodburn Subdivision AZ-05-04 I, PP-05-04 I, CUP-05-042 PAGE 2 CITY or MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 public bearing 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 of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is required before the City Council on this matter. c. The subject application will in fact constitute a conditional use as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is required before the City Council on this matter. d. Newspaper notifications published on: August 29,2005 and September 12, 2005 for Plalming & Zoning Commission meeting, and September 19, 2005 and October 3, 2005 for City Council meeting. e. Radius notices mailed to properties within 300 feet on: August 19, 2005 for Planning & Zoning Commission meeting, and September 16, 2005 for City Council meeting. f. Applicant posted notice on site by: August 5, 2005 for Planning & Zoning meeting, and October 1, 2005 for City Council meeting. 5. LAND USE a. Existing Land Use(s): Rural residential. b, Description of Character of SUlTounding Area: Rural residential, transitioning to urban residential with the recent approvals of Baldwin Park Subdivision, Sienna Creek Subdivision, and the Cedar Springs Subdivisions, c. Adjacent Land Use and Zoning: 1, North: Approved Sienna Creek Subdivision, zoned R-8 Future School site, zoned R-4 Rural Residential, zoned RUT (Ada County) Rural Residential, zoned RUT (Ada County) d.History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works (Mike Cole, Development Services Coordinator) Location of sewer: N. Venable Lane Location of water: N. Venable Lane Issues or concerns: Sewer needs to be routed to and through. 2. Vegetation: There is at least one existing tree near Venable Lane that should either be preserved or mitigated for. The rest of the site is primarily used for agricultural purposes. 3. Flood plain: N/A 4. Canals/Ditches Irrigation: There is one irrigation ditch that bisects this property, The applicant is proposing to cover this ditch. 5. Hazards: Staff is not aware of any potential hazards on this site. 6. Proposed Zoning: R-8 (Medium Density Residential) 7. Size of Property: 10.15 acres 2. East: 3. South: 4, West: Woodburn Stlbdivision AZ-05-041, PP-05-041, CUP-05-042 PAGE 3 CITY OF MERlDlAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 8. Description of Use: Single~fal1lily and agricultural f. Subdivision Plat Information: 1. Residential Lots: 47 2, Non-residential Lots: 0 3. Total Building Lots: 47 4, Common Lots: 10 5, Other Lots: 0 6. Total Lots: 57 7. Residential Area: 10.15 acres 8. Gross Density: 4,63 units per acre g. Landscaping: 1. Width of street buffer(s): A 2o-foot wide street buffer is proposed along Venable Lane, a collector street. City Code requires a 20-foot wide buffer along collector streets (MCC 12-13-10A), Street buffers are not required on any of the internal, local streets. 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: The total conunon areas account for 1.68 acres (16.6%) of the property, Usable open space areas include 1.35 acres (13.3%). h. Conditional Use Information: 1. Non-residential square footage: N/A 2. Proposed building height: Maximum 35-feet per R-8 zone 3, Percentage of site devoted to building coverage: N/ A 4. Percentage of site devoted to landscaping: 1.68 acres 5. Percentage of site devoted to paving: Unavailable 6. Percentage of site devoted to other uses: Unavailable 7, Number of Residential units: 47 1. Plamled Development Characteristics: 24 townhouse units and 23 detached single- family homes proposed. j, Amenities: 16% open space, playground equipment and picnic area, walking paths. k. Proposed and Required Residential Standards: R-8 (detached) Setbacks (in feet) Proposed Required Front Living Area 15 15 Side Accessed Garage 20 20 Front Accessed Garage 15 15 Street side 20 20 Woodburn Subdivision AZ-05-04 I, PP-05-041, CUP-05-042 PAGE 4 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533 Side 5 5 Rear 15 15 Frontage 50 65 Lot Size 5000 6500 R-8 (attached) Setbacks (in feet) Proposed Required Front Living Area 15 15 Side Accessed Garage 20 20 Front Accessed Garage 15 l5 Street side 20 20 Side 0 5 Rear 15 15 Frontage 28 40 Lot Size 3600 4000 L Proposed Non-Residential: N/A m. Summary of Proposed Streets and/or Access: All intemal streets are proposed as public. Except for along the entrance street, all sidewalks are 4 feet wide and are detached from the curb with a S-foot wide planter strip. Please see the Analysis section of this report for details on the proposed street sections and sidewalks. For a detailed report on the public streets and access points to public streets, please the attached Exhibit B. 6. COMMENTS MEETING On August 26,2005 Planning staff held an agency comments meeting. The agencies and depm1ments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitmy Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): D Require that development projects have planned for the provision of all public services. (Chapter VII, Goal III, Obj ective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: D SanUwy sewer and water service will be extended to the project at the developer's expense. D The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042 PAGE 5 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 E> The subject lands currently lie within the jurisdiction of the Ada County Sher{ff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). €I The roadways acijacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. o The subject lands are currently serviced by the Meridian School District #2. This service will not change, E> The subject lands are currently serviced by the Meridian Librmy District. This service will not change and the Meridian Librmy 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 Sanitmy Services Company. . Protect existing residential properties from incompatible land use development on adjacent parcels, (Chapter VII, Goal IV, Objective C, Action 1) The applicant is proposing a residential development. The existing residential properties to the north, south and west and the school site to the east are compatible with the proposed development. . SuppOli a variety of residential categories (Iow-, medium-, and high-density single family, multi-family, townhouses, duplexes, apm1ments, 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 Mixed Use - Community and Medium-Density Residential on the Future Land Use Map. This proposal includes a mix of housing types and smaller residential lots while still maintaining a density consistent with the requested R-8 zone (4.63 d.u./acre). . Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6) As part of the Sienna Creek Subdivision approval, a stub street was required to the northern boundary of the subject site. The applicant is proposing to extend this stub street, Buckstone Avenue, and provide three additional stub streets to the adjacent properties. City staff and ACHD are supportive of the connectivity plan for this area (see ACHD comments and conditions for details). . Review new development for appropriate opportunities to COilllect to local roads and collectors in adjacent developments. (Chapter VI, Goal II, Objective A, Action 13) See bullet above. G Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities, (Chapter VII, Goal I, Objective D, Action 8) Woodburn Subdivision AZ-05-04 I, PP-05-041, CUP-05-042 PAGE 6 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 The applicant has proposed a development in which the larger lots in the development are on the peripl1eJY, while the smaller lots are internal. The COfnprel1ensive Plan calls for higher density on this site, approxinwtely 8 dwelling units per acre. Stq[frecognizes that there are some existing low density residential land uses to the south and west and believes that the proposed transition (to smaller lots on the interior) is desirablefor the City. I) Offer a diversity of housing types for a greater range of choice, Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The products for the site include attached single-family residences and attached townhouse lots available to individual buyers who are seeking a lot close to thefitture Ustick Road neighborhood center. o Permit new residential, commercial, or industrial developments only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter IV Goal II, Objective A) AI! urban services can be made available to this site. · Require new residential development to provide pennanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. (Chapter VII, Goal I, Objective D, Action 9) The applicant is proposing a 5-foot solidfence along the south and west boundaries. A 5-foot open vision fence is proposed near the west property line. If permanent fencing is not provided around the entire perimeter of the site, the applicant should be required to install temporary construction fencing to contain debris. Please see Exhibit B. II Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV, Objective D, Action 2) Exceptfor the unnamed entrance street, access to Venable Lane should be prohibited. · Mixed Use Area Standards: all development within this designation will occur only under the Conditional Use Pennit process, except the Mixed Use--Regional; where feasible, multi- family residential uses will be encouraged, especially for projects with the potential to serve as employment destination centers and when the proj ect is adjacent to State Highways 20-26, 55 or 69;where mixed use developments are phased, a conceptual site plan for the entire mixed use area is encouraged with the development application or , depending on the scope of the development, prior to a fOlmal development application being submitted; in developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some fmm of common, usable areas, such as a plaza or green space; where the project is developed adjacent to low or medium density residential uses, a transitional use is encouraged. (Chapter VII, Comprehensive Plan) The applicant has appliedfor a CUP/PD. The applicant is proposing a multi-family aspect to this development (by definition a townhouse is a multi-family building). However, each unit and the lot will be for sale to individual owners. Therefore, the three, four and five townhouse units proposed in the center of the development willfimction Similarly to the detached single- family homes on the periphmy. Staffis supportive of the townhouse lots as they increase density in this area, as calledfor in the Comprehensive Plan. Further, staff is supportive of the dwelling types proposed as they allow the lot owners to take pride in ownership of each unit individually. Staffis also supportive of the open space design, as the major open space is Woodburn Subdivision AZ-05-04 I, PP,05-04], CUP-05-042 PAGE 7 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 easily accessible and useable to all of the lots. o Mixed Use--Community Standards: up to 25 acres of non-residential uses permitted within the Mixed Use--Community areas as shown on the Future Land Use Map; In Mixed Use-- Community areas that are not neighborhood centers, over 25 acres of non-residential uses shall be permitted (through the CUP process); up to 200,000 square feet of non-residential building area; residential density of 3 to 15 units/acre; sample uses include all MU--N categories, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, department stores. (Chapter VII, Comprehensive Plan). Although permitted here, the applicant is not proposing any non-residential uses. Staff believes that the non-residential uses are more appropriate closer to Ustick Road, Staff finds that the proposed R-8 zoning designation and develop/nent plan are generally harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family residential dwellings as permitted uses in the R-8 zoning district. The new Uniform Development Code also lists townhouses as pennitted uses in the R-8 zone. b. Purpose Statement of Zone: R-8 Medium Density Residential District: The purpose of the R-8 district is to pennit the establishment of single- and two-family dwellings at a density not exceeding eight (8) Dwelling units per acre. This district delineates those areas where such development has or is likely to occur in accord with the comprehensive plan ofthe city and is also designed to permit the conversion of large homes into two-family dwellings in well- established neighborhoods of comparable land use. Connection to the municipal water and sewer systems of the city is required. c. General Standards: As part of the PD, the applicant is requesting modifications to the general lot size, street frontage and side yard setback standards of the R-8 zone. Other than the requested modifications, the proposed development substantially complies with aU of the general standards of the Meridian Zoning Ordinance. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation 1, AZ/RZ Application: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Zoning Ordinance, staff believes that this is a good location for the proposed single-family residential subdivision. Please see Exhibit D for detailed analysis of the required facts and findings. The annexation legal description submitted with the application (stamped on June 16, 2005 by D, Terry Peugh, PLS) shows the property as contiguous to the existing corporate boundary ofthe City of Meridian, 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 I1Tigation. Woodburn Subdivision AZ-05,041, PP-05-041, CUP-05-042 PAGE 8 CITY OF MERtDIAN PLANNING AND ZONING DEI' ARTMENT STAPP REPORT. QUESTIONS? CALL (208) 884-5533 All future development of the subject properly 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. 2, PP Application: The proposed preliminary plat substantially complies with the current Zoning Ordinance. Special Considerations: Detached Sidewalks: The applicant is proposing to construct 4-foot wide detached sidewalks on the intemal streets, The sidewalks are detached from the curb with a 5-foot wide landscape strip. In accordance with the recently passed ACHD planter width standards, the width of the planter strip should be increased to a minimum of 8-feet wide and include Class II trees. See Exhibit B below. Ditches, Laterals. and Canals: There is an irrigation lateral that bisects this parcel. Per MCC 12-4-13, 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. See Exhibit B below, Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point cOlmection to the culinary water system shall be required, If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Exhibit B below. Fencing: The applicant is proposing to construct a five-foot tall solid fence along the south and east perimeter of the site. A detailed fencing plan should be submitted upon application of the final plat (MCC 12-4~10.F,3). 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. An fencing should be installed in accordance with MCC 12-4~J 0, See Exhibit B below, Existing Residences/Buildings: The site cU1Tently contains multiple buildings. Because the existing stmctures span across proposed lot lines, all buildings shall be removed prior to signature of the final plat by the City Engineer. See Exhibit B below, 3. CUP Application: The applicant is requesting reductions to the standard lot size, side building setback and street frontage requirements of the R-8 zone. Twelve ofthe attached lots are below the 4,000 square-foot minimum lot size of the R-8 zone. Thirteen of the proposed detached lots are below the 6,500 square-foot minimum lot size of the R-8 zone, Twenty-two of the proposed lots are at or exceed the minimum WoodbUll1 Subdivision AZ-05-04 I, PP-05-041, CUP-05-042 PAGE 9 CITY OF MERtDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 lot size of the R-8 zone. Thitty-nine of the forty-seven proposed buildable lots do not meet the minimum street frontage requirement of the R-8 zone. Twenty-four of the proposed lots will contain at least one zero-lot line. The applicant has submitted a sample elevation of how the townhouses will look. Each building will include some stucco, brick, or rock, Staff is generally sUPPOltive ofthe proposed CUP/PD application, as it generally confonns to Title 12, Meridian City Code. Special Considerations: Tot Lot Location: City staff (Planning and Police) has safety concerns with the location of the tot lot proposed on Lot 13, Block 3. Due to proposed landscape trees and the lot layout, the tot lot is not visible to a majority ofthe subdivision, To get more eyes on the tot lot, staff recommends that it be moved east, so it is in alignment with the north-south open space corridor between Lots 5 and 6 and Lots 20 and 21, Block 3. See Exhibit B below. Elevations: The applicant has submitted one sample elevation for the townhouses proposed. Staff is generally supportive of the multi-family building, Each townhouse shall have an element of architectural relief such as stucco, brick or rock and include vinyl shutters. See Exhibit B below. b, Staff Recommendation: Staff recommends approval of AZ-05-041, PP-05-041. and CUP- 05-042 for Woodburn Subdivision, based on the Findings of Fact as listed in Exhibit D and subiect to the conditions of approval as listed in Exhibit B as attached to this repOlt, 10. PROPOSED MOTION Approve I move to approve File Numbers AZ-05-041, PP-05-04l and CUP-05-042 as presented in staff report for the hearing date of October 11, 2005 and the preliminary plat dated July 10,2005, the site plan dated July 10, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Deny I move to deny File Numbers AZ-05-041, PP-05-041 and CUP-05-04I for the following reasons: (you must state specific reasons for denial. They should address how the applicant might re-do the application to gain your recommendation for approval.) 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated: July 10,2005) 2. CUP Site Plan (dated: July 10,2005) 3. Landscape Plan (dated: July 11,2005) B. Conditions of Approval t. Plam1ing Department 2. Public Works Department 3. Fire Department Woodburn Subdivision AZ-05-04I, PP-05-04I, CUP-05-042 PAOEIO CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT ST APF REPORT. QUESTIONS? CALL (208) 884-5533 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description D. Required Findings from Zoning Ordinance Woodburn Subdivision AZ-05-04 I, PP-05-04 I, CUP-05-042 PAGE II CITY OF MERIDIAN PLANN1NG AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 A. Drawings 1. Preliminary Plat (dated: July 10, 2005) r-- I i pi ~Ulj ~h rn:dlihfll ~D I "I ~ ;1 j b ~ fl~ ~ N~ b ijfj~ ! ; ~I i. ~.~tV ; . ~t~iri i~ ll~ii ~ ~~ iflI~i g~t .. . d~~~ . t". ,"o0$t.rci 1,1.~11 1 I ~ , ; ftf !I i'l~' ~ mhih:JMUfUH 1/i1IIUI ii, -"t. i; i I !J I . .'1 Ii: r I "I' Ii ~~ ~b ~1-:iC~' ~~ J ~ ; .' ~ ~ ~ ~ ~ ~ ~ 1~ ,K 11 " ~, M '. Ij ~'" t ~ ~ .. (;n~ ;1 ~!. i' ,~~ f. ':It! . " .1, ~i'J I' . J,j i .~i~~JfH} ~l;i~~ ~~- ~ {~t s il:~ltimrj!m~tr(i~htl~' " , " ~~~~ I:~ lr.; .uu ui d~a .--.J. ... .\, o;;r~ J~!!~ A - I 'r" '-~. ~. " . "It !';~tll~ J I' I i ~ !'.. : j Ililt , :. ~ IJ'.: '. 'I 'I I . '.' I :.d '~~[ 'II " ~".' .'. '. I/,! ,. L---I I ~ ,......~ ~- ,~ CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884.5533 2. CUP Site Plan (dated: July 10,2005) ~ 7~11 ~IQ!; ~ $ll~ 3@ :!I Po U'l !;u.i ~1~1i ""iOl ~w p.,O !;f o~ &::: ~ I "-'-~l-"-"'" ,--- I! . ~ ! ~~ !h~ti ~til J !~'~IJ~fl!jll I It I a.. I (liue<<t}~:~ }---; t@J ~~ ~!;1 , ! ~ ....7{1 . ~ ~l~ll j' hi ~ .tili1I!Q I . ~ thfl!~;UJ !!Ilihl ! j....i'./, i-I ~ ~m hm~m~. '., U~: 1 I I ,I", f I ' IIII' , I .1.,. ~,:'_ 'G.. i. .11., I"~ V 1ij~1 [ iJ': Ii;; i ' ; I ; ! ! j ; ~ ~ !, ~! : , n . ~:''' ~ 'I I ~ : Ij 'J i j J if ,; ~ ' H ' 'I .,Ii ~ H ~ ~ Hlj: g " -. h ? ~ ~~ ~~" . ~c '. , !! ~\ '.E.": ?i.'. ~ rr~~i q ; ~~~~ n "j I f ( ,it !~.. i:, ~;~ t ~ '.~II'. "I'"~''' ~t' t ~f- E :\l ~,:: t:~~ ~ ' ::. 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Landscape Plan (dated: July 11, 2005) . ,I ~~~ fI..,.I....., i.~.=......) I ~ j 1~','i:1 . {# ~:':'l\ II ~ ~~;~.:~f:l'!-~;. I Trlol-! :YI ,.r.fl 'I' I J I, 11;'I.'III.;lb(.'J.,.' 'I! I I ';~ )"'- rt"II\~/I:!'}I' I · i;':/l'};i It, ,;../;k , 1; h!t $"!;tI1ti1 ~ P;"! ; J~;l I r- " l!1 iLl ~;J1Ji ~JlF, !-~"':I'I - ll:t~ :'~lh~ ~~ tit, iJ~f,;,-. . "lil "';. ;!"l~j! "J"", I .,",u ~~i",! ""':;~?.l-'" ~ h1~ ~ ~ :i:::;: n r ';'. t~ f ;i: :{ ,L ~ii c_j;{ :~ ~.J~4.11 ~~~jt~ PJ~' ~~~f ' I j , ~i",r.!l!I\.." l "\\ '". JI. ;..)1.:' . I . .' j " "I"ljl"lllj "d,','" '~~ ~! ~!E~~~~h;!}:~~~JB ~{~.t;<~f I I t...._ :,',' (I I' I r _ ;! .. !~ 1 i I. H j; -.. ""..' ..-~.., ,- i I." I ' f ~- --- - , ~' ;iJ~ ~i --r - -:-- ~~O-j=-~,;:~_ "~~.-=_ ~- =- ~-"- - =,'''' -I" 1 G JiJi n (r;5:boci(~~~J;) .~~.. ~~~>ffY {::i::/b.oo?:,,~~~(--J. ,:,~~OO:j' :~' ~, ...... a' 'J.. C ,../ "'- j-. ::: ".;;..:J~A/~\,.J~?.,..~ .. .~' ,..... ! ~ . '~lJ' 'l. i: : i J l:~~ I' ,." :l ! t;;"I':( ej,! ';;! J Ii. 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I. ~ j' I r.:J:p-,'., ...',.h..,.~" ' ,I j C_~) QQQ_'_~_-:7'hD .! ~n._-'. ~t-:---;, I ,'t , - - ~-, ,.' ~ _'" p I tC:j" f7y 6') i L_,~ -'-_a -.-j p'-+L..__r ".._ __~ -L=/~ ~~. :,...j~ ._c_I_[~,;""": --':-<..,.-0..='__01 I ~~~t , ~c'I~< c.... ~ !;:f,;.~ I ~~'~~~i: 7';;';~JH ~~i~,},:~J ..... l---i~ ~ . E tf ~~ f:~;~ i i'1 i. I,. .' ~=c I' 'I .f~.. . ~.: ,,". I L' I .~~.;<F ~~~ j {~;~:;J;,r r~'"' i " [i I I .1- ,~J I" ~-V;~l " I .."L'T' , t{J,~? ~ :;-+.j '. ..,' ..J ' . -"', J 1.1 II' , Jl' I r i t'",,! I $.~,,~:r i _~Li~-~: ";;,j !i~ ~- i ~~f ~~ ~~I!i j: "c)' f r, , ,I i.::ll l I I; i! ;i.~~~ :: ~ ! ! ; ~ ~ ~)~ri ~~: ~ J. t~ n i'j'1 -t. ;! J:t f~ iit ~'Ij ~f !d ~! ri ~f ~; *~~; !~ rf~ F ~~ ~j a H 'I " " 1--- ~ ,i '. ,; ~ A - 3 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS 1.1.1 The preliminary plat labeled as Sheet C-I prepared by Bailey Engineering, Inc., dated July 10, 2005, is approved, with the conditions listed herein, All comments/conditions of the accompanying Annexation and Zoning (AZ-05-041) and Conditional Use Permit (CUP-05-042) applications shall also be considered conditions ofthe Preliminary Plat (PP-05-041). 1,1.2 The planter strip between the curb and the near edge of the sidewalk along all the internal streets shall be a minimum of 8-feet wide and include Class II trees. 1. 1,3 Prior to the City Engineer's signature of the final plat, all existing structures shall be removed from this site. 1.1.4 The landscape plan prepared by The Land Group, h1C., labeled Sheet Ll.O and L 1,1, is approved with the following change(s): o Move the tot lot so that it is centrally located on Lot 13, Block 3. Said tot lot shall be visihle from both Woodpine Street and Pine Spruce Street. . Only Class II tress shall be allowed within the planter strips between the sidewalk and the curb along the internal streets. With the final plat application, submitted revised copies of the landscape plan with the changes listed above. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning & Zoning Department. 1.1.5 Maintenance of all common areas shall be the responsibility of the Woodburn Subdivision Homeowners' Association. 1.1.6 Other than the public street access approved by ACHD, direct lot access to Venable Lane is prohibited. A note shall be placed on the final plat restricting access to Venable Lane. 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 MCC 12-13-10-8. 1.2,2 All areas approved as open space shall be free of wet ponds or other such nuisances, All stoffi1water detention facilities incorporated into the approved open space are subject to MCC 12- 13-14 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 MCC 12-13- 14. 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 camlot be incorporated into the approved open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and aU other regulatory requirements at the time of final construction. 1.2.3 The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fences should taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with MCC 12-4-10. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 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 iITigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per MCC 12-4-] 3, unless otherwise approved by Settlers Irrigation District. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature, 1.2.6 Staffs failure to cite specific ordinance proVISIOns or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2. Public Works Department 2.1 Meridian City Code 12-5-2-N requires that any new development shall provide pressurized irrigation. The applicant has not indicated who will own the pressurized irrigations system in this proposed development. If it is to be owned and operated by an lITigation District than a license agreement shall be entered into prior to the scheduling of a pre-construction meeting, If it is to be a private system owned and maintained by the Homeowners Association, a draft copy of the operations and maintenance manual shall be submitted prior to plan approval, with a final copy to be submitted prior to signature on the final plat by the City Engineer. 2.2 The Sanitary sewer service to this is being proposed via extension of mains located in N.Venable, The applicant shall be responsible to install mains to and through this development, coordinate main size and routing with the Public Works Depmtment. There are two existing sewer stubs into this property. The applicant shall coordinate with the Public Works Department, an acceptable way to abandon these lines. 2.3 Any existing domestic well 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 with approval for Idaho DepaItment of Water Resources. 2.4 Water service to this site is being proposed via extension of existing mains in N. Venable Lane. The applicant shall be responsible to install all mains necessary to service this development, coordinate mains size and routing with the Public Works Department. 2.5 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, and the Final Plat for tllis subdivision shall be recorded, prior to applying for building pennits, 2,6 A letter of credit or cash surety in the amount of 110% will be required for aU uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTlONS? CALL (208) 884-5533 2.7 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, 2.8 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 2,9 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. 2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2,11 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviromnental Protection Agency. 2.12 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Army Corps of Engineers. 2,13 All grading of the site shall be performed in conformance with M CC 11-12- 3H. 2.14 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. 2.15 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. TillS is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 3. Fire Department 3.1 One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. Intemational Fire Code Appendix C 3,2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a, Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle, b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location, e, Fire Hydrants shall be placed on comers when spacing permits. 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 IFC Section 509.5. CITY OF MERIDIAN PLANNING AND ZONING DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 3.4 The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. Temporary turnarounds shall be constructed on Woodpine Street and Pine Spruce Street. 3.5 All entrance and intemal roads shall have a turning radius of 28' inside and 48' outside radius. 3,6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 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. 3.8 Building setbacks shall be per the Intemational Building Code for one and two story construction. 3.9 The proposed 47-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 136 residents at build out. 3.10 Where a p01tion 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. MERIDIAN POLlCE DEPARTMENT 4,1 The proposed development does not offer natural surveillance oppOltunities of the public areas. The applicant shall meet with the Police Chief and/or Plamling Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan andJor landscaping plan shall be revised in accord with those discussions. Further, the tot lot area shall be relocated so that it is visible from both Pine Spruce Street and Woodpine Street. 4.2 The proposed landscaping creates a hiding spot near Lots 2, 3 and 4, Block 3, The applicant shall submit a revised landscaping plan that affords greater visibility of the open space area from buildable lot. 4,3 Any interior fencing along Lots 5, 6, 20 and 21, Block 3, 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 (MCC 12-13-13-6) will be followed. 6. SANITARY SERVlCE COMPANY 7.5 7,6 7,7 ! 7.8 7.9 7.10 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 No comments received. 7. Ada County Highway District Site Spec{fic Conditions of Approval 7.1 Dedicate approximately a total of 25-feet of right-of-way from centerline ofVel1able Lane. Constmct Venable Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and pavement to complete a 40-foot street section, and match improvements to the north. 7.2 The applicant shall construct the entrance street that intersects Venable Lane with a 52-foot street section with vertical curb, gutter, 5-foot wide concrete sidewalk, two 21-foot drive aisles and an 8-foot wide landscaped island within 64-feet of right-of-way, 7.3 The applicant shall construct the internal roadways with 34-foot street sections with vertical curb, gutter, 4-foot wide detached concrete sidewalks and 5-foot wide planter strips. The applicant shall coordinate the planter strip widths with the City of Meridian, and in accordance with the ACHD Interim policy. 7.4 The 8-foot wide landscaped island located in the entrance roadway that intersects Venable Lane within the public right-of-way should be owned and maintained by a homeowners association. This should be noted on the final plat. Extend North Buckstone Avenue from the north property line, as proposed, Construct West Wood Pine Street to the west propeliy line approximately 480-feet south of the north property line, and construct a temporary turnaround at the terminus of the stub street. Install a sign at the terminus of the roadway stating, "This roadway will be extended in the future". Construct North Buckstone A venue to the south propeliy line approximately 200-feet east of the west property line as a stub street. hlstall a sign at the tenninus of the roadway stating, "This roadway will be extended in the future", Construct West Pine Spruce Street to the west propeliy line approximately 125-feet south of the north property line, and construct a temporary turnaround at the tenninus of the stub street. Install a sign at the terminus of the roadway stating, "This roadway will be extended in the future". Other than the access points that have specifically been approved with this application, direct lot access to Venable Lane is prohibited. A note of the access restriction should be noted on the final plat. Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.11 Any existing inigation facilities shall be relocated outside of the right-of-way. 7.12 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. CITY Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 7.13 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.14 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.15 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 detail s. 7.16 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 ofIdaho shall prepare and certify all improvement plans. 7,17 The applicant shall submit revised plans for staff approval, prior to issuance of building pertuit (or other required permits), which incorporates any required design changes. 7.18 Construction, use and property development shall be in confonnance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.19 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance. 7.20 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 DIG LINE (1-800-342- t 585) at least two full business days prior to breaking ground within ACI-ID right-of-way, The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.21 No change in the tem1S 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. 7,22 Any change by the applicant in the planned use ofthe 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. CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 C. Legal Description IDAHO SURVEY GROUP I '1~(1 L)...,{ \"'hCij.)'1J)-"rJ \' $,- JE..... I ::.l~: I....k_~ dr,~!l, hLho S,!:,.1? Phll,W nOB} lJ'IGw85iO Fax (2081 !FH__~dr)') PJ(IJccl ~(J (15-149 Juw, l (', 2005 'Woodburn Suhdidsi,Ol1 HUT to R-H /\ parcel of land lu~atcd in the St, 114 of the SW L'4 uf Scetinn~(', TAN, R J iV, B,tvL, AJa County, Idaho, mure particularly de,cribcu ;1.5 follows: Commencing ill fht: SmIth 114 c.omer of said S,:ction 1(l, fr~lm which lhl' Southwc$t cOIner of ~;;id :;C{"lrnH bear" XOrlil f;BC-.12'S;;" WCS!, 2(i(;'! 17 tCet,lhcTlcC along the Nurth.SnuLh mid sechon line, common to the iVest linc' of Cedar Spling-; Subdivision \[0. 3, as same IS recorded lJJ Bonk 88 or Plats ~Il Pat',e ] O. I 9H, Ada Couuty noconh, North O{)"27'41 " East. 1 ?>2:-> tiS fCd to the ('-S 1/16 colllcr and the REAL POINT OF IH:GlNNING, Thl'llce along said W(.;~j Hilt' of Ccd", Spl;ng,: SuhdivlStun No. ~ SouEh f1[)'lT4I" West, 6b4.49 fl.'d: Th":llce <kpaning said hue Noreh 88".:17'21" Wt:st, (,(,S.95 feel; Tho:uce l'\tll'!h UU023'::!T Ea.~L 662.n feel: Thl'nee Soulh ggc5(i'J4" East, and along the Sou1h line OfSIl:Jlna Cf(:~k Subcll\'l!;iOll N(l I, as same is rccorded in BllO\.; 92 of Plats :;1 Page 10,')05, Atilt CnUllLy r<:,z:onis, a Jis(mlce of 666,74 feet to the rOml 01 Beginning Contallling 10.15 unCi-, lUore or [t;SS ~f{;/:::::l~ '\"Plr<lI--1~ PUE:L1C 11 ~\l~ORV.s vEPi Pro(c"ional Land Surveyor; CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 g z ~~ ~c ~~ i I i~~ 7: ~l ::tt ~ ~i ~~r f1 ~. ~~~ zs t: 7: 0 .~ ~~'~.~ 4, ~i~1 0.1 0.' .;;' ~ ifi '#:~ --"-'I I ~j :.[ fi "! !<. '.k_I~C,.", IoJ f ~ i -.l .. :J .;1._ .~i ZJ 8~~. ~t.:; '2 g! ~ J~ ~I.. i, ~!!l , ., O. "J". '"j ..,.. gl t; ;~~-~r;~,. ;.~~. g: ff r ~-[~j ~! i;-l!'t ~~j; :,~li1~1'!' i .,,; ".I. 0:': ~1; ~::~;~6/,tf;ht~LH~.>~~~~!jt;-~ j! ~, , ~ . ~ J : ~ ~ F Pi,lqll ;q .~~fi!:!'!:fif~~ :i, ~:; ,,\ ~ (il, 1i.!,' ~~~ ~,.l~f. ~It~~.. "_1'~.. ~~~ i ~:J ~ ;.~ il~~j~~ ljn~ H 1 11' ~ ",. I 0 .di:;~l: .i '" .'t ~"', ~~II . ~.--W-~~__"'__r_.. '-'.~~~~~.~h_ ~; r"i'll l .:.'! r.:.,:.~ '" 0, J > , l! ! ~ ~ ! "~!:~!i ;nuo~ i~ : I' il: I. I " Ii ! .~r-'.' j ! i !~ ! ! ! j;' ]~ : I 1 i J .,.~.,l,~ ,~ I U"'";"lil1~ c Q,.~_ -""-l Ii i ~~i~ 4 G g ~ ~l'l~ '~ ':!:: :,' o.J i ~~.;' ~,~ , ,,_I dZ -,~ ~ 9!~1~ 2:0 S:5 ';I':' 0 (l~ \jl:'1'~[lTI~~~ ~:~ " "I,,' i ""!i!~I~I~.,: , :: ; . _!r.J ~ ,', ,"" ",' L; J~! ( jl~ZiH , ' '. I I,Z 0,. t".. 1 I:. 0 L l~iJII [141~ ~ t.~t~~?;/ t~~2Jj ~.-' 'J. 'if; 1 'j of'.. I -_H, 'cl ;<. (:1 ;1: CITY OF MERlDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 D. Required Findings from Zoning Ordinance 1. Annexation and Zoning Findings: The commission and council shall review the patticular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment: The following is the list of standards found in 11-15-11 and analysis by staff A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has thet"e been an application for a Comprehensive Plan amendment; See Comprehensive Plans and Policies as listed in Staff Report item #7 above. City Council supports the zoning and finds the proposal in general accord with the Comprehensive Plan. B. Is the area included in the zoning amendment intended to be rezoned in the future; City Council does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a I"esidential area turning into a commercial area by means of conditional use permits; City Council finds that detached single-family uses are allowed within the requested zoning district of R-8. The applicant is requesting to modify some of the dimensional standards of the R- 8 zone and has submitted a conditional use permit. D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; City Council finds that recent residential developments in this area have been approved for development similar to the proposed subdivision, with single-family residences. Based on the ACHD Long Range 2030 proposal, Ustick Road is not currently included within ACHD's Five Year Work Program or in the cUlTently adopted 20-year Capital Improvements Plan for roadway improvements. City Council finds that the area is changing and this site is eligible for annexation and zoning. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; City Council finds that the requested zoning and proposed density meets the anticipated range for a medium density urban project. Based on the Comprehensive Plan, City Council believes that the existing parcels in the area (nOlth) have already developed with similar densities and allowances for altemate products and designs are encouraged. City Council also finds that the proposed zoning and uses can be designed and constructed in a maImer that will be hannonious with, and appropriate in appearance with, the existing and intended character ofthe surrounding area. D- 1 CITY OF MERIDlAN PLANN[NG AND ZONING DEP ARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533 The proposal meets the standards ofMCC 12-13-16 Residential Subdivision Open Space which states that "common space shall equal or exceed five percent of the gross land area of the subdivision. This requirement shall apply to all single family residential subdivisions of five acres or more." City Council does not find that the proposed zoning/uses will adversely change the essential character of area. The Commission and Council rely on staffs analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed as proposed. F. Will the Pl'oposed uses not be hazardous 01" disturbing to existing or future neighboring uses; City Council does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and consttuction traffic and house construction is conducted in a mmmer consistent with City Code. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. G. Will the area be served adequately by essential public facilities and services such as highways I streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible fOl' the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. Sizing and routing shall be coordinated with the Public Works Department. 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 111 Exhibit B7. On August 26, 2005, a joint agency/depmtment comments meeting was held with representatives of key service providers to this propelty. Based on the joint agency/department meeting and other comments received from agencies/departments, City Council finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police and school facilities and services, City Council finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. D.2 CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFr REPORT. QUESTIONS? CALL (208) 884-5533 I. 'Viii the proposed uses 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 pl'oduction of traffic~ noise, smoke, fumes, glare or odors; City Council finds that the proposed annexation ancl the development of residential homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the sUlTounding area. City Council recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, City Council does not believe that the amount generated will be detrimental to the general welfare of the public. City Council does not anticipate the proposed annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors, J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with tr'affic on surrounding public streets; The applicant is proposing to construct one public street access to Venable Lane and one public street extension into the site from Sienna Creek Subdivision. ACHD is supportive of the proposed streets, If is designed and constructed as approved by the ACHD ancl the City, City Council does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are some mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance if developed under these conditions. L. Is the proposed zoning amendment in the best interest of the City of MC1'idian. (Ord. 592, 11-17-1992)? The R-8 zoning amendment will provide diversity in lot size from the existing subdivisions in the vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require wlfeasonable expenditure of public funds. The applicant is proposing to develop the land ill general compliance with the City's Comprehensive Plan. Subdivisions of medium density have already been approved for development to the north and this is a logical expansion of the City limits. 111 accordance with the findings listed above, City Council finds that annexation and zoning of this property would be in the best interest of the City. 2, Preliminary Plat: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detelmining the acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Please see Annexation and Zoning Findings Item A above, D - 3 ClTY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533 B. The availability of public services to accommodate the Pl'oposed development; Please see Annexation and Zoning Findings Items G and H above. C. The continuity of the proposed development with the 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. The public financial capability of supporting services for the Pl'oposed development; Please see Exhibit B for comments and conditions fi'om other agencies and departments, E. The other health, safety or environmental problems that may be brought to the Commission's attention. City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. 3. CUP Findings: The Conunission and Council shall review the pmticular facts and circumstances of each proposed conditional use in terms ofthe following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be requit-ed by this ordinance; As part of the Planned Development (PD) the applicant is requesting relief from the standard street frontage, lot size and side setback requirements of the R~8 zone, as required by Meridian City Code. City Council finds that the subject property is large enough to accommodate the requested use and all other required ordinance features. Although the site is large enough to accommodate all of the features required by ordinance, the applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements oftMs Ordinance; City Council finds that the proposed residential subdivision is generally harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential" and "Mixed Use - Conullunity" (provided the Commission and Council grant the requested planned development). Please see Annexation and Zoning Findings A. C. That the design, construction, operation, and maintenance will be compatible with other uses in the genenl neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Please see Annexation and Zoning Findings E, D-4 CITY OF MERIDIAN PLANN[NG AND ZONING DEPARTMENT STAFr REPORT. QUESTIONS? CALL (208) 884-5533 D. That the proposed usc, if it complies with all conditions of the apPl'oval imposed, will not adversely affect other pl'operty in tbe vicinity; City Council relies upon public testimony, City Council's analysis, and other agency comments when deterrnining if the proposed uses will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Please see Nmexation and Zoning Findings G and H~ the Other Agency/Department Comments and Conditions in Exhibit B, and any comments that may be submitted to the City Clerk regarding this project. F. That the proposed use will not crcate excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation and Zoning Findings H, G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Please see Annexation and Zoning Findings 1. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interfel'ence with traffic on surrounding public streets; Please see Annexation and Zoning Findings J, The Commission and Council should review any comments received from the ACHD and/or ITD regarding this project when determining this finding. 1. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Please see Annexation and Zoning Findings K. D - 5