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HomeMy WebLinkAboutCedarcreek Subdivision AZ-06-009 PP-06-007 RECEIVED AUG 0 3 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER Meridian .. '" erk Office ctc;;;dl:n':~\ " IDAHO j} \.,J.. . ~'t(' /' ~!;\-... ,-_oJ' '''."'~~.!~.I''li''I..''I,'''''. v/''':P~~'''' .. '; ~~~ .. - "". ,'9w In the Matter of Annexation and Zoning of 19.57 acres from RUT (Ada County) to R-8 (Medium Density Residential) AND Preliminary Plat approval of 85 single-family residential building lots and 12 other lots on 19.57 acres, for Cedarcreek Subdivision, by Centennial Development, LLC. Case No(s).: Az..06-009 and PP-06-007 For the City Council Hearing Date of: July 18, 2006 (Findings approved on August 8, 2006) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 18,2006, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 18, 2006, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 18, 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. S67-6503). 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 ofthe 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 S II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009/ PP-06-007 - 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 July 18, 2006, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated December 21,2005, is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 18, 2006, incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the 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. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 I PP-06-007 - PAGE 2 of 4 Title 11. Ifthe 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 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code 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 permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 18, 2006 CITY OF MERIDIAN fINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ-06-009 I PP-06-007 - PAGE 3 of 4 VOTED~a..... VOTED$ A./ VOTED ~ VOTED ~ By action of the City Council at its regular meeting held on the ~J-...f ,2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMYdeWEERD VOTED MA OR T de WEERD \ \ 11111/) / I \\ '(/ ATTEST: ,,\\\~ cfi Uf~'I!I-'.<,. ....' ~, ~--- "0 ,'A ",' ~),J.Q A .- ~ ~ V' 1 'Y\~'""'I), ,,;.. 2 :P (0 -S ~ ~// .. L~ () 2 ~ ~" ~/d-: , Y'-- :: I'" \'1 ::: WILLIAM G. BERG, JR., ITY'CLE~ 8"_,,.\,..1'....1 = ~ cf,;- ~ t~.t.' /'.0 2~ c::- '1'/\ ......t?( 1"."'\ > ..JZ ,:;:- o "-'l """,,~ :.:::---- ~.;,..::', Copy served upon: ~ Applicant 0/1"1/'" O-'~-:-'-"fl'"i ." \'~'~' -~ I . D /.1' -VUN · \\\ V" P annmg epaniiwtHillIlI\\\\\\ V Public Works Department \/"" City Attorney BY-~~Ma0 y Clerk's Office Dated: ~.q.. Ou 8~ day of - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-009 I PP-06-007 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 SUBJECT Joe Guenther & Amanda Hess Associate City Planners Meridian Planning Department Cedarcreek Subdivision ;-f' cU'e;idi~n'~~\ lLl.\i-10 I' ':Z:.' )'f ~.-, /:' ~"<~~~ --..,/'" .'~t/f,....r "'.....P~) ..,.. . ,,~, ~"'"~.!:.!~' ,- ,~.";r,,r' .., .,. m! STAFF REPORT Hearing Date: July 18, 2006 TO: Mayor & City Council FROM: AZ-06-009 Annexation of 19.57 acres from RUT to R-8 PP-06-007 85 Single-family residential lots and 12 other lots 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The request is for annexation and zoning of 19.57 acres of land that is currently zoned RUT in Ada County. The applicant is seeking an R-8 zone (Medilllll Density Residential District) for the entire parcel. The applicant has submitted a preliminary plat for the subject property for 85 single-family lots all with detached products, and 12 conunonlother lots on 19.57 acres. Amenities for the development include an open space lot with a tot lot and parkway planters adjoining the streets. 2. SUMMARY RECOMMENDATION: The City of Meridian PlaIllling & Zoning Commission is recommending approval of the subject annexation and zoning (AZ-06-009-Revised), preliminary plat (PP-06-007-Revised) for the reasons listed herein and subject to the conditions of approval listed. The applicant proposes to sewer this development via extensions of mains in Paramount Subdivision and water mains in McMillan Road. The Meridian Planninl! and Zoninl! Commission heard the item on March 16. 2006. and continued the public hearinlZ to April 20. May 18. and June 1. 2006. At the June 1. 2006. meeting the Commission moved to recommend approval of said applications subiect to a Development Agreement as described in Section 9a.l.5 of this Staff Report. in addition to the conditions listed in Exhibit B. a. Summary of Public Hearings: i. In favor: Shawn Nickel (Applicant's Representative) ii. In opposition: Carl Reiderman, Bonnie Reiderman, Doug Eden iii. Conunenting: None iv. Staff presenting application: Joe Guenther, Caleb Hood v. Other staff conunenting on application: None b. Key Issues of Discussion by Commission: i. Landscape Plan not accepted by Staff; ii. Sewer connections not available until Paramount develops; iii. Out parcel to not be included in proposed development; and iv. Sidewalk proposed to cross neighboring outparcel. c. Key Commission Changes to Staff Recommendation: i. Prior to annexation ordinance approval, the applicant shall enter into a development agreement which stipulates the following: A. The applicant agrees to record a property boundary adjustment to include the 50' strip of land to the southwest with the neighboring outparcel. This piece Cedarcreek Subdivision AZ-06-009/PP -06-007 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 shall not be included in annexation or development of Cedarcreek. Said property boundary adjustment shall be recorded prior to annexation of the remainder Cedarcreek property. B. The applicant agrees to construct a sidewalk which will cross in front of the out parcel and connect Paramount South 60 with the development of Cedarcreek Subdivision. The location of said sidewalk is to be determined by ACHD and the neighbors, Carl and Bonnie Reiderman. d. Outstanding Issue(s) for City Council: i. None PROPOSED MOTIONS (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number(s) AZ- 06-009/PP-06-007 as presented in the staff report for the hearing date of July 18, 2006, and the preliminary plat labeled C-I, dated December 21,2005, with the following modifications to the conditions of approval: (add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number(s) AZ-06- 009/PP-06-007 as presented during the hearing on July 18, 2006, for the following reasons: (you should state specific reasons for denial of the annexation or plat.) Continuance After considering all staff, applicant and public testimony, I move to continue File Number(s) AZ-06-009/PP-06-007 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance.) 3. APPLICATION AND PROPERTY FACTS a. Site Address/Location: N central location off of McMillan Road and ~ mile west of Meridian Road SII2 of the SWII4 of the SW ~ of4NlW25 b. Owner Dalice Chester 470 W. McMillanRd Meridian, Idaho 83642 c. Applicant: Centennial Development, LLC 36 E. Pine Street Meridian, Idaho 83642 Agent: Shawn Nickel Land Consultants Inc. 52 N. 2nd street Eagle, Idaho, 83616 d. Representative: Shawn Nickel, Land Consultants, Inc e. Present Zoning: COUNTY- RUT f. Present Comprehensive Plan Designation: Medium Density Residential- North Meridian Comprehensive Plan Amendment g. Description of Applicant's Request: Cedarcreek Subdivision AZ-06-009/PP -06-007 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 1. Date of preliminary plat (attached as Exhibit AI): December 21,2005. 2. Date oflandscape plan (attached as Exhibit A2): January 13, 2006 h. Applicant's Statement/Justification: The proposed overall density (4.34 dwellings per acre) of the project complies with the City's designation of Medium Density Residential, which allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will be a compatible continuation of the Paramount proj ect north and east 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 of the 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 of the provisions of the Meridian City Code Title 11 Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: March 13, 2006, and February 27, 2006 (for Planning & Zoning Commission hearing), and June 26, 2006, and July 10, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: February 22,2006 (for Planning & Zoning Commission hearing), and June 23, 2006 (for City Council hearing) e. Applicant posted notice on site by: February 27, 2006 (for Planning & Zoning Commission hearing), and July 10, 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: Paramount Subdivision, R-8 2. East: Paramount Subdivision, RAO 3. South: Cedar Springs Subdivision #4 and #5- R-8 and L-O 4. West: Agricultural Ada County RUT d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: This property is planned to sewer to future mains extended from the Paramount Subdivision to the north. Location of water: There is currently a water main in W. McMillian Road, and future connections from planned mains in Paramount. Issues or concerns: This development is not sewerable until Paramount brings sewer mains down to this development. 2. Vegetation: Agricultural/Irrigated Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 3. Flood plain: NA 4. Canals/Ditches Irrigation: Lemp Canal Local Lateral 5. Hazards: None Identified 6. Proposed Zoning: R.8 7. Size of Property: 19.57 acres 8. Description of Use: 85 single family residential lots f. Subdivision Plat Information 1. Residential Lots: 85 2. Non-residential Lots: 4- Future ROW lots 3. Common Lots: 8 4. Total Lots: 97 5. Gross Density: 4.34 units per acre g. Landscaping 1. Width of street buffer(s): 30 feet (25 required) on McMillan Road. 2. Width ofbuffer(s) between land uses: None required (all residential) 3. Percentage of site as useable open space: The applicant has defined 1.12 acres or 5.7% open space, Lot 18 Block 6, Lot 14 Block 2, and parkways (See section 5-h for additional analysis) 4. Other landscaping standards: The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. Lot 9, Block 1 shown as a non-buildable parcel to be retained by the developer this lot shall be landscaped with lawn or other vegetative undercover until such time as the parcel may be incorporated into a larger open space lot or platted as a buildable lot. The existing canal on Lot 9 Block 1 shall be tiled as per UDC Il-3A-6. 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 8 Block 3 as 36,786 sq/ft Collector Buffers: Lot 14 Block 2 - 2,700 sq/ft Lot 18 Block 6 - 2,550 sq/ft Parkway planters along streets -1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69:= 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft for 9.0% qualified open space. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 1. Amenities: The applicant is required to provide one qualified amenity for single family residential subdivisions that are under 20 acres in area, The applicant is showing qualified site amenities as follows: 11-3G-3C-l - Quality of Life Amenities - None 11-3G-3C-2 - Recreation Amenities - children's play structures 11-3G-3C-3 - Pedestrian Amenities - None Amenities shall be generally located in centrally accessible locations and all common areas shall be maintained by the Cedarcreek Homeowners Association. The applicant is proposing the tot lot as the required amenity. J. Proposed and Required Residential Standards R-8 (Standards) Setbacks (*all streets local) Proposed ** measured from back of sidewalk Required Street setback to Living Area ** 15 Side Accessed Garage** 15 Front Accessed Garage** 20 Side 4 Rear 12 Street frontage - 15 15 20 4 12 With garage facing street With alley loaded Lot Size -SF detached With garage facing street 50 40 50 40 Alley Loaded Maximum Building Height k. Proposed and Required Non-Residential Non-residential lots are to be used for amenities and open space. Except the lots proposed to be retained by the developer which shall comply with the required improvements listed in this report. Lots to be retained by the developer for future right of way acquisition shall comply with all ACHD conditions of approval. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Direct lot access to McMillan is to be prohibited, including Lot 9 Block 1. Access to Paramount subdivision is as proposed with cOIIDections at Seel Way, Silverspruce and Street E. A stub street with full services shall be provided to the property excluded at the south west listed as Reiterman property and shown as Ramsbrook Street. For a detailed report on the public streets and access points to public streets, please the 5,000 4,680 35 5,000 4,000 35 Cedarcreek Subdivision AZ-06-009/PP -06-007 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 attached staff report from the Ada County Highway District (Exhibit C). 6. AGENCY COMMENTS MEETING On February 24, 2006 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Medium Density Residential' on the North Meridian Comprehensive Plan Future Land Use Map. The Council approved the North Meridian Comprehensive Plan Amendment on March 7, 2006. In Chapter VII of the Comprehensive Plan, medium density is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed density of (4.34 d.u./acre) for the subject application conforms with the North Meridian Comprehensive purpose and intent. In the applicant's submittal letter, dated January 13, 2006 several Comprehensive Plan policies are listed (please see applicant's letter). 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 services (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: · Sanitary sewer and water service will be extended to the project at the developer's expense. · The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. · The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). · The western roadway adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . The northern roadway adjacent to the subject lands are currently owned and maintained by the Idaho Transportation Department (ITD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Cedarcreek Subdivision AZ-06.009/PP -06-007 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) Staff finds that McMillan Road will serve as the main access point for all the properties in this subdivision as well as a connection into the future collector road for Paramount Subdivision to the East of the site. The applicant is requesting to retain Lot 1, Block 6, Lot 9 Block 5, and Lot 11 Block 1 of the design dated December 21, 2005. This lot should be noted on the plat that it is for future right of way reservationfor when ACHD roadway improvements occur. The width of right of way reservations shall be as setforth by ACHD . "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 30-foot wide landscape buffer along McMillan Road. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-o.fway. S See Site Spec(fic Conditions in the Preliminary Plat section below in Exhibit C. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. The sidewalk connections shown on the landscape plan are disconnected by the out parcel along McMillan Road. Staff has asked the applicant to work with the owners of the out parcel to facilitate a sidewalk connection through this site as it lies very near a future school site. This would be consistent with other out parcel developments in the near vicinity (Solitude Subdivision and Amber Creek Subdivision) . Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designatedfor medium density residential or neighborhood center uses on the Comprehensive Plan Future Land Use Map. . Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the North Meridian Future Land Use Map which ident(fies this area as an appropriate area for medium density residential development. This proposal meets the Comprehensive Plan definition of medium Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 density, with a gross density of 4.34 dwelling units per acre. Staff has reviewed Cedarcreek Subdivision under the Medium Density Residential North Meridian Future Land Use Map designation and finds the application consistent with the comprehensive designation. Staff finds that the proposed zoning and subsequent uses (single-family homes) will be harmonious with and in accordance with the Comprehensive Plan. 8. ZONING ORDINANCE a. Allowed Uses in the Residential Districts: UDC Table 11-2A-2 lists single-family residential development uses as permitted uses in the R-8 zoning district. b. Purpose Statement of Zone: MEDIUM DENSITY RESIDENTIAL DISTRICT (R-8) The purpose ofthe residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accorrunodated 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. 11-3G-I: Common Open Space and Amenity Requirements The regulations of this Article are intended to provide for corrunon 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 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 January 11, 2006 by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. Cedarcreek Subdivision AZ-06-009/PP -06-007 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 1.5 UDC 11.5B-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due tEl tRe homogen01:lS flatwe of only l'esiel.sntial uses, the s1:1bmission ef a deT;elopmeat flreflesal (PP 06 007), afld tRe eelRflli9flee with Meridiae. City Unified Development Code, staff believes that a DeT/elopment Agreement is Rst neeessar)' to eflS\:H'e that this property is deT;eleflBeI. :ift a fasbiofl that is eeRsistoot with the eomprebel'lsive filaR sesigRQtim'l. aoo doee Ret Regatively ilRflaet flearby propertiee. If the Ceauniesion or COl:lReil feels a sevelopmeat agreemeflt is fleeessary staff reeofllfflends a dear outlifle of tRe 8Smmltmeflts of the develeper beiag reEfl:lired. On June 1. 2006. the Planning & Zoning Commission reconunended approval of applications AZ-06-009 & PP-06-007. subiect to a development agreement which stipulates the following: A. Prior to annexation ordinance approval. the applicant agrees/proposes to record a property boundary adiustment to include the 50' strip of land to the southwest with the neighboring outparcel. This piece shall not be included in annexation or development of Cedarcreek Subdivision. B. The applicant allrees to provide a sidewalk to cross the outparcd which will connect Paramount South 60 Subdivision with Cedarcreek Subdivision. The location of the sidewalk is to be determined bv ACHD and the neighbors. Carl and Bonnie Reiderman. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: (Connectivity Paramount Subdivisions) The stub street from Paramount Subdivision shall connect from N. Seel Way and again from Street E. The subdivision is constrained by previous development in the areas east and north of the site and is bound by ACHD policies of interconnectivity. No direct access is allowed to McMillan Road is approved outside of the point of connection permitted by ACHD. (Connectivity Out Parcel) A new stub street has been proposed to the Reiterman property in the southwest comer of the site. This stub street shall have future public service connections from Ramsbrook Street. Alley A new alley is proposed on Lot 9 Block 4. The UDC does not allow alleys to be placed on a lot and this lot should be dedicated to ACHD as it will not meet the standards for a private street as required by UDC 11-3F. 2.2. Landscaping: Staff is generally supportive of the landscaping design with the following considerations: The 30 feet of right-of-way landscaping on McMillan Road shall be maintained by the Home Owners Association. Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 A sidewalk connection along McMillan Road shall connect to the right of way for the future Paramount collector road. If Lot 14 Block 2 and Lot 18 Block 6 are not vacated then they shall be landscaped as perimeter buffers with open vision fencing to the east. The landscape plan shall show trees in the parkways compliant with UDC 11- 3B. 7 Prior to fmal plat the applicant shall submit a landscape plan depicting the required changes to the landscape plan as detailed by this report. 2.3 Tree Mitigation: Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. 2.4. Ditches. Laterals. and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Settlers Irrigation District has a local lateral from the Lemp Canal on this site and has commented on the proposal as showing compliance with the required improvements. 2.5 Pressure Irrigation: The City of Meridian requires that pressurized 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 ll-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence around the perimeter of the site with four-foot solid fencing along common areas. A detailed fencing plan should be submitted upon application of the fmal plat. Additional standards for fencing and details of fencing material shall be submitted at the time of the final plat. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All 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 ll-3A-7. 2.7 Unimproved Right-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 landscaped with lawn or other vegetative grOl.U1dcover. McMillan Road is shown as 37' 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. Cedarcreek Subdivision AZ~06.009IPP -06-007 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7II 8/06 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 proposed amenities for the subject development include: a tot lot. The proposed open space is shown to make up 9.0% of the site; ifan additional 1 % open space is provided the applicant may is count open space as a quality of life amenity. 2.9a 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: Lot 8 Block 3 as 36,786 sq/ft Collector Buffers: Lot 14 Block 2 - 2,700 sq/ft Lot 18 Block 6 - 2,550 sq/ft Parkway streets - 1.14 acres or 49,658 sq/ft total. Minus 26'x 8' x 69 = 14,352 sq/ft for 35,306 qualified sq/ft for the parkways on single-family detached, street loaded products. The total open space qualified is 77,342 sq/ft for 9.0% qualified open space. 2.9b Qualified Site Amenities: Quality of Life Amenity: None Provided Recreation Amenities: Tot Lot Pedestrian or bicycle circulation system amenities: None Provided. 2.10 Special Considerations: Lot 14 Block 2 and Lot 18 Block 6 are proposing to place the required perimeter fencing at the rear lot lines of lots in Blocks 2 and 6 along the eastern property boundary. The proposed Paramount Subdivision is showing a 20' landscape strip along a future commerciaVmultifamily access street which has yet to be developed. The 10' ingress/egress easement is not anticipated to continue when the existing residences are removed. The easement will also not be allowed to take access to McMillan Road in the future and should be landscaped as per UDC 11-3F. Perimeter Sidewalk: In 2007, a middle school (Heritage Middle School) is planned to open on the northeast comer of Meridian Road and McMillan Road. At past meetings, the City Council and the public have expressed concerns over the lack of sidewalks adjacent to arterial streets and how difficult it is for children to walk/bike to nearby schools. In light of these concerns, staff recommends that the applicant be required to contact the owner of the out parcel to discuss the construction a 5.foot wide detached sidewalk along their frontage of McMillan Road, prior to issuance of building permits in the first phase of the development as similarly agreed upon in Ambercreek and Solitude Subdivisions. If the applicant offers to construct an off site improvement then the commission/council should require a development agreement for Cedarcreek subdivision with the same provisions as listed in Ambercreek Subdivision. Cedarcreek Subdivision AZ-06-009/PP -06-007 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: December 21, 2005) 2. Landscape Plan (dated: January 13, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Settlers Irrigation District C. Legal Description (TO BE REVISED PRIOR TO ANNEXATION ORDINANCE APPROVAL) D. Required Findings from Zoning Ordinance Cedarcreek Subdivision AZ-06-009/PP-06-007 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 A. Drawings 1. Preliminary Plat (dated: December 21, 2005) f""'~~-' ~"--. .....'"___..--____.m.. ,.............- I .-.. ; I : I "i II I' ji I ~ii'J :' I: -j J" I!j'" ~ ~ Us, fin !i!;;U;~I;!;:i;:fii:;~;. j ~i 1; ,uU~i~iiliiiii::~i~ ~ ", !, ~H':i~JP~ti~Uidm j ii !!W fi!;iiUi~l~ i '. · '~i . g "i~bl I: l i : ~i; : , ,! I~, . I · . J.. I ; ii ,f. , · 1 i ~u, i . .- "if , · · · 5fie t I ;: .'1 i I ~ ~ t'i; ! j Ai 1,- ~ ; ~. ~~j: d; :!! H i ~ ~ ! Ii '1 a " I~-llr" :'~l;.' ~t o III. "~! ~l'll .. W I:ll: V:t. -.=,,~ ~ ~-. iq -~-- )! III z ~ I, ~) ~i!"~ ~ ~~.iif ~'1P~I'~tfl,lf"~ I Wfimt '!ii' ':iI~ 'Ill m~ gl~l~ f- I~ ,~W! I i. liil; HI! r ! I~I.:' I ;''' lilll i, i.,_.___ III iJ I: i I II II i : i.... ! 11 : Ii : j :Pllfm:I'HlIHII tU'lt 1"fl'lm: " , r i" I!T I , !1Ill./~@.O . .. J. 1Ij1l1ffl:P1j I:~ I'll' ,\ s I Cedarcreek Subdivision Exhibit A Page I .. ~'- .~-~"..- - . i, .-- f!j i!l " ,;. j (l! ,.Ai 011: _~1 --'I ~dl , .---..,....-- ellll .; "' -'----.. I ~ II , ..:....... I ,~,.~-_.- ~ ) lj , , ,- T' j I' 'T ~! I ,~ 111, Ilff r!1 rl ; I' I b f I I F~:j ~~ I ,. _j,ul I ) -- -,.- ... :-~:"':.:I / I i ,$11 \ /1 I -~~--1' j!! ill, I C") f'!__ i /1 I ~d, I ,j . '~'. iI/I - ,--- 5%I!f'~"""~ --I:rl ,--~ Pi .~-: ~"-, ,I ~;I iF ~IJ . lfg i , I jl." . >, Fli ~ r I _. -L,- ~rtl:1 ""'......r~'jIl&K.?t :1. I ,- J! ~ ~ , N~~ .~ rl Z I ft: ~?d . i~~ij I"" 0< , ~~~ '-:"'C I ~i; ~ S I ~~.., . I~ f~~ ! ~ I @ ~I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 2. Landscape Plan (dated: January 13, 2006) '(i ., .. , I ,l , II @ ( I,~ I i '':'->''.''--1 ,) I '@'>, ;: I'~ ! .-~! Ii; , '@ ~:,,-A"~ 1'@;;hlil[I' Ii.I j ~!~ ,-----".,.""'-.., II @ ~-; \1] :.~:I~ @"Iiill - Iii '-"7 -'~'~~;'""l !.~ . -@ :l" Sil jl' , ,,(j) I I~ . -~~,---=-.: '~ '.. M', -<, I, , .., 1 \!!!) o;~ \ 'G j 'f. i 1 ~ f' I ;- j, 1 ~ I! 'r' '. @~; - '1'~lj ~ I- . 'I'll"! , I ,'-'~'-~':" ' ~ ~ f I. " I.,' " e ~ .. r.i\ .. i::: . '. .. I '~J .'-J"'<I.!/ ~ I ._----~~'; "r- - ~!:~:="']~r~:-.~'= "-;~'\ I G :~, ': Iii I,--,~Iij ,a ~t ~ ,i I~'~ \~ .~.. !l. I I~ ...-"---,,,"'---< ; I r "I' I,. j G ;;~II a '. -" , j" -~t;-,..'l J~I il .:.__,_~ ,J ~-' /. ,) ..~L.!-! . ~I 8 O~~8 . . t~ I t I'i(jll "'",,, ~Ol'l ",~r ~ ~ ~ j;.1l Z rPl) 01'1:11 '" II ~ < "'lIlr I ~,i~<~ ~~:Iff ''7..,1:1 I ~J~ i "l- EJ~ 0, ii , l~ I l; JJ Cedarcreek Subdivision Exhibit A Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled as C~l prepared by Bailey Engineering, dated December 21,2005, is approved, with the required amendments and conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-06-009-Revised) shall also be considered conditions of the Preliminary Plat (PP-06-007-Revised). The applicant shall be required to enter into a Development Agreement for this propertv (see Staff Report for DA provisions). 1.1.2 The applicant shall construct a 30-foot landscape buffer along McMillan Road, the sidewalks within these buffers shall be placed as to line up with existing buffers in neighboring subdivisions. 1.1.3 The Plat shall be revised to show Lot 9 Block 4 as a public alley. 1.1.4 That the applicant shall certify that Lots 7, 8 and 12 of Block 1 have the required 30 feet of frontage as required by UDC 11-2A. 1.1.5 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to McMillan Road as required by AClIO. 1.1.6 That portion of the detached sidewalk which lies outside of the right-of~way shall be contained in an easement which dedicates pedestrian cross-access and is in favor of the Ada County Highway District, and said easement shall be depicted on the fmal plat or an instrument number referenced in a plat note. 1.1.7 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the 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. 1.1.8 A detailed fencing plan in accordance to UDC 11-3A-7 shall be submitted with the final plat. 1.1.9 The submitted landscape plan prepared by Bailey Engineering, dated January 13, 2006 is not approved. The following should be included in a revised landscape plan: . Lot 1 Block 6, Lot 9 Block 5 and Lot 11 Block 1 shown as future rights of way on shall be landscaped with lawn or other vegetative undercover until such time as ACHD has acquired the property for future roadway improvements. . The applicant shall show a sidewalk in Lot II Block 1. . The applicant shall provide perimeter landscaping in Lot 14 Block 2 and Lot 18 Block 6. If the ingress/egress easement is to be used to buffer the future collector roadway in Paramount Subdivision . All parkway landscaping shall be consistent with UDC 11-3B-7 . Where the Bisby/Harrell Laterals are to be covered, all vegetation shall be installed as required by the UDC ll-3B. If the Settlers Irrigation District restricts the type and quantity Exhibit B Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 of vegetation, the landscape buffers shall be increased as to accommodate the plan as approved or the applicant may apply for alternative compliance. · The applicant shall certify that one tree per 8,000 square feet of lawn has been provided. · 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 11-3B- 14. Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning Department. 1.1.10 All road drainage shall be contained on site in the drainage swales/areas as depicted. 1.1.11 Maintenance of all common areas shall be the responsibility of the Cedarcreek Subdivision Homeowners' Association. 1.1.12 Other than the public street access approved by ACHD, direct lot access to McMillan Road is prohibited. A note shall be placed on the final plat restricting access to McMillan Road. 1.1.13 Construct all alleys to comply with ACHD's requirements for public alleys. All alleys shall contain at least 20 feet of pavement within a 24-foot right-of-way, as proposed, and include 28- foot inside and 48-foot outside turn radii where the alleys intersect the public streets. 1.1.14 The planter strip between the curb and the near edge of the sidewalk along all the internal streets with four-foot wide detached sidewalks shall be a minimum of eight-feet wide and include Class II trees. 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 UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as pennitted under UDC 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 of UDC 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 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 permit. All fencing should be installed in accordance with City Code. Exhibit B Page 2 CITY OP MERIDIAN PLANNING DEPARTMENT STAPF REPORT FOR THE HEARING DATE OF 7/18/06 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 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 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 subject to the expiration provisions set forth in UDC ll-6B. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains planned in Paramount Subdivision. The mains will be extended on the developer's timeline and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.2 The applicant shall install mains to and through this proposed development; applicant shall coordinate main size and 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. 2.3 Water service to this site is being proposed via extension of mains in W. McMillian Road and future mains in Paramount Subdivision to the north. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works, and execute standard forms of easements for any mains that are required to provide serviCe. 2.4 The applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District then evidence of a license agreement shall be submitted prior to scheduling of a pre-construction meeting. 2.5 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. 2.6 Ifthere is going to be a pressurized irrigation pump station ofthis property it must be located in a common lot, and cannot encroach into any required landscape buffers. Exhibit B Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 2.7 Prior to signature on the final plat vacate the ingress/egress easement shown on the preliminary plat. 2.8 All existing structures shall be removed prior to signature on the final plat by the City Engineer. 2.9 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. 2.10 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. 2.11 The applicant has not indicated how the storm drainage from the proposed private alley will be disposed. A drainage plan designed by a State of Idaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all improved surfaces. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Inj ection Wells. 2.12 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. 2.13 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. 2.14 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. 2.15 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. 2.16 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. 2.17 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.18 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.19 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.20 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. 2.21 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. Exhibit B Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7118/06 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit 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 fIfe-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 feet apart. International Fire Code Appendix C. 3.3 Final Approval of the fIfe 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 ofthe IFC Section 509.5. 3.4 Entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.6 Provide a 20-foot wide Fire Lane for all internal roadways all roadways shall be marked III accordance with Appendix D Section Dl03.6 Signs. Lot 9 Block 4. 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 International Building Code for one and two story construction. 3.9 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. 3.10 The proposed 85-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 247 residents at build out. 3.11 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. Exhibit B Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7II 8/06 3.12 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 ofthe 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 fOUT feet in height if solid fencing is used. 4.2 Lots 9+10 of Block 1 create residences that will be isolated from their surrounding neighbors. Such areas have an increased crime potential. Prior to the next public hearing, the applicant shall work with the Police Chief and/or Planning Staff to revise the plat/site plan such that the houses/dwelling units in the general area are oriented toward one another and encourage interaction between more neighbors. The plat/site plan shall be revised in accord with those discussions. 4.3 The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the next public hearing, the applicant shall meet with the Police Chief and/or Planning 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 and/or landscaping plan shall be revised in accord with those discussions. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-l 0) 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-l 0) will be followed. 6. Sanitary Service Company 6.1 SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. 6.2 Please contact Bill Gregory at SSC (888-3999) for detailed review of YOUT 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 The applicant shall do one of the following: Exhibit B Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 a. Dedicate a total of 35-feet of right-of-way along McMillan Road, and construct a minimum 5- foot wide concrete sidewalk along McMillan Road, located a minimum of 38-feet from centerline within an easement. b. Dedicate a total of 45-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed and locate the sidewalk a minimum of 38-feet from centerline within the right-of-way. Note: Any right~of-way dedicated with this application along McMillan Road will be purchased by the District with Corridor Preservation funds. 7.2 Construct the internal streets as 34 ~foot street sections (with local fire department approval) with curb, gutter, 4~foot detached concrete sidewalks, and 8-foot planter strips, as proposed. 7.3 Provide sufficient pavement width on the site entrance roadway intersection (N. Summit Way, intersecting McMillan Road) to accommodate simultaneous left and right turn movements. This may require 24-feet of pavement on the west side of the island to allow for two exit lanes. The design and construction of the island should be coordinated with the ACHD Traffic Department and Development Review. 7.4 Provide 2l.foot street sections on each side of the proposed center island. Any proposed landscape islands/medians within the public right-of-way dedicated by this plat shall be owned and maintained by a homeowners association. Notes of this are required on the final plat. The design should be reviewed and approved by ACHD's Development staff. 7.5 Construct stub streets to the surrounding properties as identified below. Install a sign at the terminus of each roadway stating, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." · Stub street to the west, Ramsbrook Street, located 405-feet west of N. Summit Way (measured centerline to property line). This stub street will provide access to the adjacent parcel. · Stub street to the east, Street E, located l45-feet east of N. Newsham Way (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. · The stub to the north, N. Seel Way, is proposed to be located 135-feet north of W. Archerfield Street (measured centerline to property line). This stub street should align as an entrance to the Paramount Subdivision. 7.6 Construct one roadway, N. Summit Avenue, to intersect McMillan Road approximately 725-feet west of the east property line in alignment with the existing street to the south, as proposed. 7.7 Submit a Road Trust deposit to the District for $1,000 for sidewalk abutting McMillan Road along the 50-foot strip at the west property line 7.8 Other than the access specifically approved with this application, direct lot access is prohibited to McMillan Road and shall be noted on the final plat. 7.9 Comply with all Standard Conditions of Approval. Standard Conditions of Approval Exhibit B Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 7.10 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.11 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.12 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.13 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. 7.14 Comply with the District's Tree Planter Width Interim Policy. 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 details. 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 of Idaho shall prepare and certify all improvement plans. 7.17 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. 7.18 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.19 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road 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 DIGLINE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.21 No change in the tenns and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confinnation of any change from the Ada County Highway District. 7.22 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the 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 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 8. Settlers' Irrigation District 8.1 All irrigation/drainage facilities along with their easements must be protected and continue to function. The facilities involved are Bisby Lateral (20' easement), Harrell Lateral #12 (20' easement). Contact SID for additional requirements. 8.2 A Land Use Change Application must be on file prior to any approvals. 8.3 A license agreement MUST be signed and recorded prior to construction of any SID facilities, or within its easements. 8.4 Any Change to the existing irrigation system such as relocation, water delivery, tiling, and landscaping must be approved by Settlers Irrigation District's Board of Directors. 8.5 All storm drainage must be retained on-site. 8.6 The development must supply pressure irrigation access to all lots within the above-mentioned subdivision from the current delivery point. If the developer wishes to have SID own, operate, and maintain the pressure irrigation system an agreement must be in place prior to the pre- construction meeting. Exhibit B Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 Exhibit C. Legal Description (TO BE REVISED PRIOR TO ORDINANCE APPROVAL) legal Description Cedarcreek SubdMsion - Annexation RUT to R8 Zoned A parcel located in the S V2 of the SW IJ.. of the SE V4 of Section 25, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, more partiCtJlarly described as follows; BEGINNING at a brass cap monument marking the southwest corner of said S 'h of the SW % of the SE 1(.4 (114 corner), from which 5/8 inch diameter iron pin marking the southeast corner of said S 1/2 of the SW V4 of the SE 1/4 bears S 89"54'20" E a distance of 1340.90 feet; Thence N O'U5'40" E along the westerly boundary of said 5 '12 of the SW Y.. of the SE !J4 a distance of 660.04 feet to a 5/8 inch diameter iron pin marking the northwest comer of said S V2 of the SW 'A at the SE 14; Thence S 89"54'17" E along the northerly boundary of said S 1/2 of the SW v.. of the SE 'A a distance of 1339.99 feet to a 518 inch diameter iron pin marking the northeast comer of said S 1h of the SW 114 of the SE %; Thence 5 0"00'55" W along the eastetiy boundary of said S % of the SW 114 of the SE '/4 a distance of 660.02 feet to the southeast corner of said S 1/2 of the SW v.. of the SE 'A.: Thence N 89'54'20" W along the southerly boundary of said S 1h of the SW 'A of the SE % a distance of 1340.90 feet to the POINT OF BEGINNING. Excepting therefrom the following described parcel; Commencing at a brass cap monument marking the southwest corner of said S 112 of the SW v.. of the SE '.4 (% corner), from which 5/8 inch diameter iron pin marking the southeast corner of said S V2 of the SW % of the SE 'A bears S B9"54'20~ E a distance of 1340.90 feet; Thence S 89"54'20" E along the southerly boundary of said S 1/2 at the SW 1/4 of the SE 1/4 a distance of 50.20 feet to a point; Thence leaving said southerly boundary N Oao5'40' E a distance of 30.00 teet to a 5/8 inch diameter Iron pin and the POINT OF BEGINNING; Thence continuing N OC05'40" E a distance of 290.40 feet to a 5/8 inch diameter Iron pin; Thence S 89"54'20" E a distance of 150.00 feet to a 5/8 inch diameter iron pin; Lcin:4S'o.utlons L-."'l.N~"'- Cedarcreek Subdivision Job No. 04-43 Exhibit C Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 Thence S 0"05'40" W a distance of 290.40 feet to a 5/8 inch diameter iron pin; Thence N 89'54'20" W along a line 30.00 feet north of and parallel to the southerly boundary of said S 'h of the SW Y. of the SE V. a distance of 150.00 feet to the POINT OF BEGINNING. This parcel contains 19.31 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC January 11. 2006 REV~JA.1:I/^~^- BY_ "1'\ .1;\\ I pUBLIC MWbO~~~ oEP'\'. La"n4S0Jutions c::.::.,--,1I.Mit ~.... '011o..... Cedarcreek SubdiviSion Job No_ 04-43 Exhibit C Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 r r, U II iU in iif Ii I k ~1 oj .d 'a~ d~ J~ ~~ i. ~: t! III If " d I i I~ ~ I '; i i ~ I ~i I! ir Ii Isl !~ If if 'Ill !I! ,Ii I! I ~i I i~ bi ~ III 16 i lI. d Q i~; I~ IHi If I I p; Ii d ~I! i~' i I . Q iQ ii I ~ ! Qr 5: ,. j I, ~f~ . . -. ., Q 1 "t I ~ ~ !- .. J> I I I i I ij n I ~ ! i, :j - Q ~ l .i .1 ~ !I Ii '! I ~ ~~ ~ ~ i Ii :~ Hit i II i I i~ i : I IHni. , , I > .. · ! i'~ Q.. I I ~ U i i j h if hI f ~II ni q ; if tll, I, I Hq H J 'Ill' I! i I tl Ii I = i ,II J II I ~~ ~ ~!1 ; ~ Q', I tiH Ii I "II , I I i" I ~ · J ,I, I 2 ~~ 'I = Q I cr I ~ h i i 8 9 Ii t" - u ,a I - ,"- < i S ~ I~ q . i Ii; ~I · i ! I. V~l: I r~, \ ~ \ 'till !~ !o, 5 "- jf~ ~ $,"", i t: ~ ~ 0-+. "'..... jg ,il~ . llUm ~U!~, ~ .. il~fh ~ ~ < ihdt ;;l ~ , ~5am ..~ ~~d~~ ~ ~Iun a ~~tUI I I~. Exhibit C Page 3 "'.., -......... 1~1 -;Ii ill ~~ -..~(- ----l ! e I II !~ " ,- I I I I I I I I , I I I I ~ I ~ I I )- Q...... ....~ c ~~~ ~ i?:",~ 0 I ~~~'" ~ ~ i<l!,~ if; ~~ ,... \~ .;!;!il 0 ~. t5>~;;f ~ li:~z~ n I r'l~"" rn o lii n ~ C: -:r: ~~~ ~ :... z!il --{ ~~z ~ I ilj-"'"tI . s: l\l :;c I m_ 0 ......... "tI ...... m Qoc :;! III , <~ '~ ~ ~ o .J; ..r ..". 1'1 , I , I I I I I ~ .~ - ~.~I' ".~ ".---~ u ~' "J m n i ~ , i p~ u ~ ! I PII H ~~; I ! : ! . S n. ~ ~ n. I~ ~ e ~ ~ ~ ~ n~ ~ '" f ~.~ ~ ~ B! ~: hd~p~H ~ i~~ ~ i! r Ii i~ 1 ill i i ~ litH ;;. Ii R l~ ;;l pI .! J I I P is ~l ~ ~ II ,t ! I ~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 EXHIBIT D: Required Findings from Zoning Ordinance Annexation Findings: UDC 11-5B-3E Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to R-8 Medium Density Residential District. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. In Chapter VII of the Comprehensive Plan, 'medium density' is defmed as areas including single-family homes at densities of three to eight dwelling units per acre; 'low density' consist of single-family homes at densities of three dwelling units or less per acre. Council finds that the requested residential zoning designation, R-8, is harmonious with and in accordance with the 2005 North Meridian Comprehensive Plan amendment and Future Land Use Map, which designates the SW comer of the SW comer S25 4N 1 W at McMillan and Meridian Roads 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 for these low density areas with a request for a 'step up' in density. Council fmds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the aIUlexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family detached residential products on the subject site (PP-06-007- dated December 21, 2005). Council does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. Council finds that the single-family homes would be allowed (permitted) within the requested R-8 district. The entire site is being proposed as residential; and upon build-out, Council would not anticipate changes of usage for this site. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has 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 north of the site in the Paramount development and the adjacent subdivisions also in the medium density comprehensive designations. Council finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Council does not find that the proposed zoning/uses will be detrimental to the public health, safety, or welfare. Further, Council does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. The Council should rely on any oral or written testimony that may be provided when determining this Exhibit E Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, There have been no recent street improvements in the area. The abutting roadway McMillan Road is not in ACHD's Five Year Work Program or CIP (20-year plan) for road widening. 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. Council should rely on staffs analysis, public testimony received, and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Council finds that the subject site is proposed for development in a fashion similar to other properties in the area. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On February 24,2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for sanitary sewer, the public services listed above can be made available to accommodate the proposed development. 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. Council should rely on staffs 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 of the City (UDC 11-5B-3.E). Due to the residential nature of the lZeneral vicinity. the proiect's conformance to the Unified Development Code. and the applicant's alrreement to abide by the conditions of approval contained in this staff report. Council finds that the annexation and zonim! of this property to R-8 would be in the best interest of the City. 2. Preliminary Plat Findings: In detennining the acceptance of a proposed subdivision, Council shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensiye 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 Exhibit E Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 7/18/06 C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Council is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. COWlcil should reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. 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. Exhibit E Page 3