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HomeMy WebLinkAboutPrato Villas Subdivision AZ-06-022 PP-06-022 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED ~g /"~" ~;; I..../VlOridl:::"i \ \ ID,\liO .' '~ Jr ~"'., .Ie ~~i\-,. , , -.-t."',.... r ' "foI.u.;,;- ,~ -~ .. _',M'" "",.. .' . 'r..l In the Matter of Annexation and Zoning of 10.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential) AND, Preliminary Plat approval of 30 single-family residential building lots and 4 common lots on 9.97 acres in a proposed R-4 zone, for Prato Villas Subdivision, by Briggs Engineering, Inc. Case No(s).: AZ-06-022 and PP-06-022 For the City Council Hearing Date of: July 18, 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. ~67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 I PP-06-022 - 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 of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated June 2,2006, by Briggs Engineering, Inc., is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. NODe 3. 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 I PP-06-022 - PAGE 2 of 4 and filed by the applicant prior to the termination of the period in accord with Il-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 Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 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 ~ 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-06-022/ PP-06-022 . PAGE 3 of 4 VOTED ~ VOTED$-6..- VOTED fJe^- VOTED ~ By action of the City Council at its regular meeting held on the IJ;tjl-ttf.f- ,2006. COUNCIL MEMBER SHAUN WARDLE COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYORTAMMYdeWEERD ~-/1-. VOTED --- ATTEST: J~~~ YPIl:1f. " , y de WEERD ,~" ,~~ ~ ;~.~-I/<~.'~~:"~N .~.~ ,-' ."t'JA'<~~> ~ a ",of .f''' ,"J;&>Li;.~ ,\,' T / ! '#:,.,'6\ ~\ 7, IU.>,"",,^..J c?) ; , <~/D 2 , . '?l r i s1: . _./,' ..;,;; ~- "" """ -" :r' .::- /'>... - 1 C\.-" _ ,- i~ ,'-- III; ,-""lINl"<' "", Ilf .\\' . fflllll1t \1\\\\' Applicant Planning Department Public Works Department City Attorney Copy served upon: v V V V By: Dated: ~..q -OJ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-022 I PP.06-022 - PAGE 4 of 4 day of CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF mL Y 18,2006 STAFF REPORT TO: FROM: Hearing Date: 7/18/2006 Mayor & City Council C. Caleb Hood Current Planning Manager Meridian Planning Department 208-884-5533 , ,~~ ~rld/:n~\ \ ~ IIl..\HO )~ o . ..{t'.-. /" ~;~;\ ,~ -.-.'1:!.",... - " "J' w~~"Z.\~tJ)"~~-,.!!.,,,_:!;~.Jo ,~ "':' ~9. 1 "'9I.J SUBJECT: Prato Villas Subdivision AZ-06-022 Annexation and Zoning of 10.16 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). PP-06-022 Preliminary Plat approval of ,N,single-family residential building lots and 1. common lots on 9.97 acres in a proposed R-4 zone, by Briggs Engineering, Inc. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kevin Harris of Briggs Engineering, Inc., has applied for Annexation and Zoning (AZ) to R-4 (Medium Low-Density Residential) for 10.16 acres of property currently zoned RUT in Ada County. The site is located on the north side of Daphne Street, approximately 600 feet north of McMillan Road, east of Black Cat Road. Currently, there are two single-family homes and associated outbuildings on this site. Both of the existing homes will be moved/removed. The site is composed of two tax parcels commonly known as Lots 6 and 7, Block 2, Black Cat Estates Subdivision #2. The subject property is within the Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. Staff is recommending approval ofthe proposed Prato Villas Subdivision (AZ-06-022 and PP-06-022) with the conditions listed in Exhibit B of the Staff Report. The Meridian Planning and Zoning Commission heard the item on June 1. 2006. At the public hearing they moved to recommend approval. On July 18th 2006. tbe Meridian City Council voted to approve tbe subiect applications. a. Summary of Commission Public Hearing: i. In favor: Kevin Harris, Briggs Engineering ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Caleb Hood v. Other staff commenting on application: Mike Cole b. Key Issues of Discussion by Commission: i. Amending Block 3 to have 6 lots and an open space area in the middle; ii. Other development in this area; and, iii. Timing of sewer availability to this site. c. Key Commission Changes to Staff Recommendation: i. Recommended approval of a revised preliminary plat that shows 6 buildable lots (2 less than originally proposed) in Block 3, and a common open space area with Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 an irrigation easement in it. NOTE: The Commission required the applicant to submit revised copies of the preliminary plat reflectin!! the chan!!es made durin!! the hearin!!. On June 8. 2006 the applicant complied with the Commission's requirement for copies of the revised plat. The revised plat, dated June 2. 2006 has been included within the subiect Staff Report in Exhibit A. d. Outstanding Issue(s) for City Council: i. None. 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-022 and PP-06-022 as presented in staff report for the hearing date of July 18, 2006 with the following modifications: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ- 06-022 and PP-06-022 as presented during the hearing on July 18, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ-06-022 and PP-06-Q22 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4052 and 4202 W. Daphne Street; north of McMillan Road and east of Black Cat Road in Section 27, Township 4 North, Range 1 West b. Owners: Chad Colbent, Gerald Saxton, Kent Pintus 3325 W. Jacobastor Way S.Jordan, lIT 84088 c. Applicant: Kevin Harris, Briggs Engineering, Inc. 1800 W. Overland Road Boise, ill 83705 d. Representative: Kevin Harris, Briggs Engineering e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 10 acres to R-4 and Preliminary Plat approval of 32 single-family buildable lots and 3 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 9,954 square feet. The gross density of the project is 3.2 dwelling units per acre. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18,2006 Approximately six percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 2. Date oflandscape plan (attached in Exhibit A): 3/14/06 (revised 06-02-06) 3/1106 5. PROCESS FACTS a. The subject application will in fact constitute an annexation 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 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: May 15th and 29th, 2006 (for Planning & Zoning Commission hearing), and June 26th and July 10th, 2006 (for City Council hearing) d. Radius notices mailed to properties within 300 feet on: May 5th, 2006 (for Planning & Zoning Commission hearing) and June 23rd, 2006 (for City Council hearing) e. Applicant posted notice on site by: May 2Znd, Z006 (for Planning & Zoning Commission hearing), and July 8th, 2006 (for City Council hearing) 6. LAND USE a. Existing Land Use(s): There are two single-family homes and some associated outbuildings on this site. The existing homes are to be moved/removed. b. Description of Character of Surrounding Area: This area contains a mix of five-acre parcels in Ada County, and developing subdivisions in the City. This area is rapidly transitioning from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Approved single-family lots within Volterra Subdivision, zoned R-4 2. East: Approved single-family lots within Volterra Subdivision, zoned R-4 3. South: Single-family homes on large parcels, zoned RUT (Ada County) 4. West: Single-family homes on large parcels, zoned RUT (Ada County) d. History of Previous Actions: None. e. Existing Constraints and Opportunities: 1. Public Works: Location of sewer: This property is currently not sewerable. It would ultimately sewer to the North Black Cat Trunk. Location of water: This property does not currently have water service. It would ultimately receive water service from Volterra Subdivision to the east of off-site mains installed to the south. Issues or concerns: This property is not currently serviceable by City of Meridian sewer or water. The large gravity irrigation easement noted on the preliminary plat may render a Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18,2006 large portion of some lots useless. 2. Canals/Ditches Irrigation: There are a few irrigation ditches and drains that traverse through this site. All open irrigation ditches, laterals and canals, should be tiled when this property develops. 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4 (Medium Low-Density Residential) 5. Size of Property: 10.16 acres f. Subdivision Plat Information: 1. Residential Lots: 32 (originallv proposed. 30 approved) 2. Non-residential Lots: 0 3. Total Building Lots: 32 4. Common Lots: 3 (originallv proposed. 4 approved) 5. Other Lots: 0 6. Total Lots: 35 (originallv proposed. 34 aoproved) 7. Gross Density: 34 units per acre (net density is 4.0 d.u./acre) 8. Minimum House Size: 1,700 square feet g. Landscaping 1. Width of street buffer( s): N/ A 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 0.64 acres/6.42% (originallv proposed. added 12.273 square feet with revised plat) 4. Other landscaping standards: Parkway areas are to be 8-feet wide and contain Class II trees to be counted as common open space (UDC 11-3A-17E). h. Amenities: Parkways with detached sidewalks. 1. Off-Street Parking: UDC 11-3C.6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. j. Proposed and Required Residential Standards: R-4 Setbacks (in feet) Proposed Required Front Living Area (to sidewalk) 15 15 Side Accessed Garage (to sidewalk) 15 15 Front Accessed Garage (to sidewalk) 20 20 Side 5 5 Rear 15 15 Frontage 60 60 Lot Size 8,400 8,000 Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 k. Proposed and Required Non-Residential: N/A 1. Summary of Proposed Streets and/or Access: The applicant is proposing to construct a public street, Prato Avenue, to intersect Daphne Street. The applicant is proposing to extend a public stub street from Volterra Subdivision, Wapoot Avenue, from the east. The applicant is also proposing to provide a public street stub to the 5-acre lot to the west. All of the internal streets are local streets with 36-feet wide street sections (measured back of concrete ribbon curb to back of concrete ribbon curb) and contain 4-foot wide detached sidewalks within 60. feet of right-of. way. Staff is generally supportive of the proposed street system. ACHD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On May 12, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, Meridian Police Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 32 single- family lots on 10 acres for a gross density of 3.2 dwelling units/acre. The proposed density is above the anticipated density for this area. Staff is recommendim! that the applicant remove at least two of the proposed lots. so the densitv of this development complies with the Comorehensive Plan. 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): Chapter vn, Goal Ill, Objective A, Action 1 . Require that development projects have planned for the provision of all public services. 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: . 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 roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18,2006 . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. 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. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to extend the one stub street currently provided to this property from the east. In addition, one stub street is being proposed to the western parcel that is currently zoned in Ada County RUT, which staff anticipates will re-develop in the nearfuture. Staff believes that the applicant has done a nice job of connecting and extending the existing stub street as well as providingfor future connectivity to the east and west. Chapter VI, Goal II, Objective A, Action 13 w Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis above. Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct a six-foot tall closedfence around the boundary of this development. Prior to house construction, fencing should be constructed around the perimeter of this site. See Analysis below and Exhibit B for more information. Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. The applicant is proposing to constructfour-foot wide sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Staff is supportive of the proposed pedestrian connections. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood cormectivity. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 6 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 See above. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the eXIsting single-family residential properties to the north, south, east and west, are compatible with the proposed development. Chapter VII, Goal I, Objective D, Action 8 - 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. Staff recognizes that there are some existing low density residential land uses to the west and south. The applicant is proposing to construct a six-foot tall privacy fence around this development to screen this subdivision from the larger parcels. Further, most of the larger lots in the subdivision are on the perimeter of the development, providing a transitionfrom the large county parcels to the internal smaller lots. Stafffinds that the proposed fencing should provide enough screening between the proposed urban development and the rural residences surrounding it. Staff recommends that the Commission and Council rely on any written or verbal testimony providedfrom neighbors when determining if additional screening or more transition in density is appropriate. Stqff believes that if at least two buildable lots are removed (providing a gross density of 3.0 dwellings/acre), the density and zoning for this property would be appropriate. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low-Density Residential: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements ofthe R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Prato Villas Subdivision AZ-06-022/PP-06.022 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18,2006 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and [mdings for annexation. The annexation legal description submitted with the application (stamped on March 22,2006 by Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Special Considerations: Development Agreement: UDC ll-5B-3.D.2 and Idaho Code 9 65-67llA provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desil!llation and does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attornev. Bill Nary. at 888.4433 to initiate this process. The DA shall incorporate the following: . That 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 oftraffic, noise, smoke, fumes, glare or odors. . 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. . That the applicant will be responsible for all costs associated with the sewer and water service extension. . That 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. . That the following shall be the only allowed uses on this property: single-family detached homes and allowed accessory uses of the R-4 zone. . That a maximum of 30 single-family building lots will be platted on this property. . That prior to issuance of any building permit, the subj ect property be subdivided in accordance with the City of Meridian Unified Development Code. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18,2006 Densitv/Ooen Space: As noted previously in this report, this area is designated for low density residential uses. Low density residential is defined as up to three dwelling units per acre. The submitted plat has a gross density of 3.2 dwelling units per acre. There are existing rural lots to the west and south of this site. Therefore, staff is recommending that at least two lots: Lots 4 and 5, Block 3 be removed. This will place the density of the development at 3.0 dwelling units per acre, consistent with the Comprehensive Plan. UDC 1I-3G-3AI requires at least 5% of the total land area to be set aside for common open space in single-family developments. Parkways and street buffers as designed by the applicant do count towards the open space requirement. However, because two lots should be removed from this development, staff recommends that that area be set aside for a park area. Because they are centrally located, staff recommends that a majority of Lots 4 and 5, Block 3, be used for a common park area for the homeowners' within this development. Landscaoinll: The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is approved with the following modifications/notes: . Per UDC 11-3G-3A, set aside at least 6% (0.6 acres) of the site for useable open space, as proposed. . Incorporate portions of Lots 4 and 5, Block 3, into a common park area. Per UDC 11-3G-3EI, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. . Per UDC 1l.3B-1O, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. . A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11 ~3B-I4. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). Stub Streets: The applicant should be required to extend the public stub street from the east, Wapoot Street and provide a public stub street to the Knudsen property to the west (Parcel #R0982010100) as proposed. Existing Residences/Buildings: The site currently contains multiple buildings. All existing buildings shall be located/re-Iocated in accordance with the building setbacks of the R-4 zone, prior to signature ofthe final plat by the City Engineer. Fencinll: The applicant is proposing to construct 6-foot solid fencing along the entire perimeter of the site. A detailed fencing plan should be submitted upon application of the fmal plat. If permanent fencing is not provided before issuance of a building pennit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be designed according to UDC 11-3A-7. Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18,2006 Common Areas: Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners' Association. Ditches, Laterals, and Canals: Per UDC Il-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Pressure IrrilZation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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 used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the [mal plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A- 15 and MCC 9-1-28. b. Staff Recommendation: Staff recommends approval of the subiect applications AZ-06- 022 and PP-06-022. with the conditions listed in Exhibit B of the Staff Report for the hearinlZ date of June 1, 2006. On June 1, 2006 the Meridian PlanninlZ & ZoninlZ Commission voted to recommend approval of the subi ect applications with the conditions listed in Exhibit B below. On Julv 18. 2006 the Meridian Citv Council voted to ann rove the sublect annIications. 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated: 3-14-06) Revised 06-02-06 2. Landscape Plan (dated: 3-1-06) 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. Central District Health Department 9. Settlers' Irrigation District C. Legal Description D. Required Findings from Unified Development Code Prato Villas Subdivision AZ-06-022/PP-06-022 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18,2006 A. Drawings 1. Preliminary Plat (dated: 3-14-06) Revised 06-02-06 ~~.,.".. ,-.-----.-.- . 1~r':j~'~~1~}tit~~~Bl'1~~~ ~':; . '~' It' T"" ,I, "~- :.., - l~~=F:-" - <- -'l:hQ\l1j I ~tJ :,11' C ..JJJ:it '~~rPll' '-TTtstn;:~ Jr 31~~ .rnj1/.....,-) ~ f<~l~~q3 ~~rrrrt J ..J~t=:r:~t..,' ................~ ." -l r:i~~ '-!- ' ~':f1i! i, l.J -- - , tHl/,>i. I !; , Vl\r'HC: I _ _..._'"" ;! . [~~:_=g;=1; fr ~~~{- ~~~_....,,_...~.'2~~fV>r~C_i , "'l~~~~: 'I~~f ~,ii~~~ n I I 'I : ;I;~: 'l~~ 0 ~!:!:* I l.~~j~~ 't)' - fl~II~"! ~ l ~p.1) . '"" Ii '.~" : -j '. I '~1>! ~ " II! i 'I .~. !. I .! I I II 1":'llh." Ii' , · "!l" '111 IUlh.' ,', 'JP', j' f IlHmmhnirnmUitMhiUildi I ,. ~ l:, I' 'I' j': I'I:! 1"1111 II' I ,I'll '1 ,,"" ......' , : '1'1-*: ::::i'I"Ii'I,U,j" Jot.. 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"'J'''~ 1~Jk'.11.1I '" .-JIOi:lti '0- - . j - - - -.. i L.. '.._m_____...'.._'.......' i 1.-., Exhibit A - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 18, 2006 Landscape Plan (dated 3-1-06) ~a nuu iUUr ',.:. mm mm !w~~mm! 'I i~r.r' ;..... III Ii II l ~ IIII!I !:t,J illid(:n!li t ~t hHll ;(;ill HlbdmU; i r. I ~ l' t f )11 P ~! I n~~~ i ~il Ii Ilu'iJl! lih LL ~ll; I n I iiild I nhli mUu;li::; ~ <tj J !. 0- 0,,;;:, ZI C:::~,cJ U' I",'" ,,) ". ~i Iii ." III I' '~ ,II f II ~ "f" ~p . (,:t . II :!II' on' It' H f' Ht ' I i I! j id, I tl 1; ~ \1 ~' P ~ l d ' i: .", ~ "Ill . \ 01 j ~ .~, ; . ~. , ," '*1" () ; Il'i~! . ' i ~Ilh, ~,~ i$!,Uf } , Ill! ~.-} il~.l hi. ""11 ~4 . ~ ltJ~. oJ tiS 'I' ;1;:il i r~' itll~ . ',>1 :1 i' ~ ,It:!, . ~Itlll i ittl!11 I" .sll.. I! ~ Ii , ! .1 'I i !~ I · ~l i Ie r. . th ~~~ll 7:" " . Exhibit A - Page 2 .'J I /' t-.;.\ , \ . , :-' .~ ." ~ ;. 'y ~. '" p .~ ~~ i!r ....... . 'l.i ~~ ~i )il: 'r~ ~ 1,l"i .. !~ , , >; Z~ 0;-< ;;;I~ o >~ :1: o CO ::::> V) ,- _.....~ -.- . ....- .:...~...:;. Iff f (.I) <( "' ....J ...J' ;, " ~ : > 01 ..... I:: <( eX, 0..' CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JANUARY 19,2006 B. Conditions of Approval 1. Planning Department ANNEXATION PROVISIONS The aoolicant shall be reauired to enter into a Development A2l'eement with the Citv for this property. The provisions for said Development Al!reement can be found in Section 10 of the Staff Revort for the hearing date of Julv 18. 2006. 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMJNARY PLAT (PP-06-022) 1.1.1 The preliminary plat labeled as Sheet 1 of 1, prepared by Briggs Engineering, Inc., dated June 2, 2006 is approved, with the conditions listed herein. The revised preliminary vlat shows two less buildilll! lots than were ori~inally proposed. and an open space in Block 3. between the remainimr. enlarl!ed 6 buildable lots. All conunents and conditions of the accompanying Annexation and Zoning (AZ-06-022) application shall also be considered conditions of the Preliminary Plat (PP-06-022) 1.1.2 The landscape plan prepared by Jensen Belts, Associates, on 3-1-06, is approved with the following modifications/notes: . Per UDC 11-3G-3A, set aside at least 6% (0.6 acres) of the site for useable open space, as proposed. . Incorporate portions of Lots 4 and 5, Block 3, into a common park area. Per UDC ll-3G-3El, at least one deciduous shade tree per every 8,000 square feet of common open space should be planted, and common areas should be improved with lawn, either seed or sod. . Per UDC 11-3B-lO, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. . A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11- 3B-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. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the [mal plat application(s). 1.1.3 Remove at least two lots from the plat to allow a maximum of 30 dwelling units on the subject property, This will place the density of the development at 3.0 dwelling units per acre, consistent with the Comprehensive Plan. Portions of Lots 4 and 5, Block 3, shall be incorporated into a common park lot for the homeowners. 1.1.4 Extend the public stub street from the east, Wapoot Street and provide a public stub street to the Knudsen property to the west (Parcel #R09820l0100) as proposed. Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 1.1.5 Vacate or improve the Joy Street cul-de-sac right-of-way. If the cul-de-sac is not vacated, prohibit the lots within the subdivision from being double-fronted. All access to the homes within Prato Villas Subdivision shall be from internal streets and not Joy Street or Daphne Street. 1.1.6 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.7 Provide a 6-foot tall solid fence around the perimeter of the development, as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path fencing shall be designed according to UDC ll-3A-7. 1.1.8 Maintenance of all common areas shall be the responsibility of the Prato Villas Home Owners' Association. 1.1.9 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. 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. 1.1.10 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-022) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC ll-3A-17. 1.2.3 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 permitted under UDC ll-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards ofUDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. Exhibit B - Page 2 CITY OF MERIDIAN PLANNlNG DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JANUARY 19,2006 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC ll-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains from the yet to be installed North Black Cat Trunk. The Black Cat trunk is not planned to be constructed until approximately 2008, and then this property would have to wait until other development in the area would to bring it to this property. This property is currently not serviceable and the City of Meridian does not guarantee sewer service or water service in the timelines outlined in the UDC. 2.2 Once available the applicant shall install all water and sewer mains necessary to provide service; 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 Any potential reimbursement agreements must comply with all requirements of City Code 9~1-13 and 9-4~19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being fmalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.4 The applicant has not indicated Settlers Irrigation District will own and operate the pressure irrigation system in this proposed development. A letter of plan approval 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 ll-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 If a pressurized irrigation pump station is to be constructed on this site it shall be in its own lot. 2.7 Prior to signature on the final plat by the City Engineer the applicant shall submit documentation from Settlers Irrigation District that the 35-foot irrigation easement shall be allowed to be usable by each individual lot. 2.8 All existing structures spanning lot lines or not meeting the dimensional standards in the UDC 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 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 ll-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. Iflateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 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. 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. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 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. 2.22 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. Height for 100 watt fixtures is 25-feet, height for 250 watt fixtures is 30-feet. 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 One and two family dwellings will require a frre.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. 3.2 Acceptance of the water supply for frre 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 specifications. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.5 No parking will be allowed adjacent to Lots 5-8, Block 1. Said area shall be signed "No Parking" in accordance with Appendix D Section D103.6 Signs. 3.6 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. 3.7 The proposed 32-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 93 residents at build out. 3.8 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 No comments. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. 6. Sanitary Service Company 6.1 SSC has no comments related to this application. 7. Ada County Highway District Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 Site Svecific Conditions ofAvvroval 1. Construct an entry road, North Prato Avenue, intersecting West Daphne Street located approximately 180-feet west of North Joy Street (measured centerline to centerline). 2. Vacate or improve the knuckle at the intersection of North Joy Street and West Daphne Street. 3. Locate the internal roadways as proposed, receive approval from Development Review staff to utilize the proposed roadside infiltration swale street section and enter into an agreement with ACHD prior to submitting full plans for a subdivision. OR If the site does not meet the standard criteria, construct the local streets as standard 36-foot street sections with curb, gutter, and 5~foot concrete sidewalk within 50-feet of right-of-way. 4. Construct a stub street to the west, West Wapoot Street, located approximately 143-feet south of the northwest property line (measured property line to centerline). A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . 5. Construct a stub street to the east, West Wapoot Street, located approximately 143-feet south of the northeast property line (measured property line to centerline). This stub street shall align with and connect to an approved public roadway within Volterra Subdivision to the east of this site. 6. Construct a minimum 29-foot street section at the knuckle on either side of the island at the intersection of West Donata Street and North Agata Avenue. 7. Comply with all Standard Conditions of Approval. Standard Conditions of Avvroval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 3. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 4. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 5. Comply with the District's Tree Planter Width Interim Policy. 6. 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. 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 Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 8. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required pennits), which incorporates any required design changes. 9. 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. 10. 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. 11. 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. 12. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 13. 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. 8. Central District Health Department 8.1 After written approval from appropriate entities are submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Settlers' Irrigation District 9.1 All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved is the McMullen Sub-Lateral (20' easement), the Scrivner Lateral (20' easement) and the East Drain (20' easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 9.3 A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 The development must supply irrigation access to all lots within the above-mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre- construction meeting. 9.7 This property receives all of its irrigation water from the Stewart Lateral, and is located within Settlers Irrigation District. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 C. Legal Description DESCRIPnON FOR ANNEXATlON TO CllY OF MERIDIAN. PRATO VILlAS SUBDIVISION March 22, 2006 A PARCEL OF LAND BEING A PORTION OF WEST DAPHNE STREET AND ALL OF LOTS 6 AND 7, BLOCK 2. OF BLACK CAT ESTATES NO, 2, AS RECORDED IN BOOK 32 OF PLATS, PAGE 1945 AND 194(1, ADA COUNTY RECORDERS OFFICE. LOCATED IN THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF SECTION 27. TOWNSHIP 4 NORTH. RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SW 114 OF SECTION 27, T,4 N., R. 1 W.. 6,M., ADA COUNTY. IDAHO, THENCE S 89"35'25" E 2653.96 FEET TO THE SOUTHEAST CORNER OF SAID SW 114 (SOUTH 1/4 CORNER), THENCE N 00"29'09" E 644.81 FEET ALONG THE EAST LINE OF SAID SW 1/4 TO THE SOUTHEAST CORNER OF 7, BLOCK 2, OF BLACK CAT ESTATES NO.2, AS RECORDED IN BOOK 32 OF PLATS. PAGE 1945 AND 1946. ADA COUNTY RECORDERS OFFICE, THE REAL POiNT OF BEGINNING OF THIS SUBDIVISION; THENCE N 69"18'40. W 329.57 FEET TO A POINT ON THE NEW NORTHERLY RIGHT OF WAY WEST DAPHNE STREET; THENCE S 87'41'38" W 5.82 FEET TO THE CENTERLINE INTERSeCTION O~ WEST DAPHNE STREET AND NORTH JOY STREET; THENCE N 69"15'45" W 335.40 FEET ALONG THE CENTERLINE OF WEST DAPHNE STREET TO A POINT: FOLLOWING THE BOUNDARIES OF LOTS 6 AND 7. BLOCK 2, OF SAID BLACK CAT ESTATES NO. 2AS FOLLOWS: THENCE N 00"25'14" E 660,25 FEET TO A POINT ON THE NORTH LINE OF THE S 1/2 OF SAID SW 1/4; THENCE S 89"17'29" E 669.81 FEET ALONG SAID LlNETO THE NORTHEAST CORNER OF SAID S 1/2 (CS 1/16 CORNER); THENCE S 00"20'12" W 660.00 FEET TO A POINT TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION. ' SAtD PARCEL CONTAINING 10.16 ACRES MORE OR LESS. WAYNE K. BARBER. \60108-Rev-Anncx.doc Exhibit C - Page 1 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 I I I , ""/'~,, /; """, -, "".. I J I.w,,,"", \. ...,,,, \ /J -......... ,...,\.,'~, I \ J ,A..... ...._ I' J ,:-.:.... ~".... ",,''':.'- '...'~... I \ \. Y1t. t"m~'1" I 1 I I r" "''(,/ ,,',,~ "'. I \ \' - .. I' I ' \ .... ''\:' ,I ~"; , \ -""" " I I I I I I "I _ ",", _"~ II' r-< '.... 1---.--1 j L I I , I I i' 1 IF"'" ',' "'~......~--'- , 1\ " ...... I II r---+--ot--'r-+l--- I ,,'," " I I' I \ i."-..-i III I 1 I I I --,.-+f' ,~~~~ I J I 1 I I II I 'I /11 ! \ Vi",,-, Jill ~ -----~----j----..l, \ ....._...L_ __L_-l...-.J_....,,< \, I ,/'" ,\" , I I, ! \ )...:---.-'''.---------- '...--_..__.1...,,/..... '\ ,', '.::- I'l r--" --, I I '---'l .---r-- '--~.....~~--~-_.......'< " '" ,'- "J II I , /','1 I I .-~ \ \ ,',"'" I.. I \ J I' I I a.. \ -,"~' ~-_ J \ · ' J I' I I I I I ....... ~ ......'~..::.~---- --."'" --"'_u ~ I III J r I I I I I "".-.::----- ,.--,,. "'... ~-'-r-"'---""" ._...~L_ .J..1. -- .. -'-~TZ!I~~.--~L-'"T. ~ r ,.;:.-.:-..\ ~ i'-::"- n I I ' I : I I' I ! ': t:':~:':~TI::-::~.~,.:::- -: r:~::.::::~:=:: I II Jr"~' -) d r [ rTu." : IIXK CAT E~ATES SUI 12 I;; PIIPDSEII -1'- --",!! ..~}-++"..u., 1 I II~ PRAm vn.LA ESTATES ~!:.-f'.....1 il: J j ~ I I " \ ,; I j . r I Z ..., '", ................ ;"_._"l,.~~"J_ . 1 j 1 '" ,/'~ l'~';'::;::::;:;::- :::: ; ! 1 t' ~vjLT~~ ::::$::::,=,;,;:~."OfF-}.-"'..n ...". . ;,,.....- r"<Y i -1 ~;- , r ~"" " : II I 1 I~ ~ I ~... "--..,,> ;~~:.~w~~,~:.,~:~.:: .':~"'\ I I . f ,r....'"l~-.~{-M-.~.---t'-\-..,.-,' I I II l ..-- -. ,Ili i : I ; : n I I I : '! I! I 1 I i II ~__ I BlACK on1mATES SUI 111 --"-"-il'lj---+-'+"i'-~"-i ~ -- I I I tJIltATTED I I II j - I I I - I ! I,! II I ; I , l, f-- I : I ''1 i I j : I, ~ ' I j ; II t ,..-\~~~~"'~:::~:7:'~:-1"=::-=>~}-.'. I I " ,"'!!: .'.~~.h'~\. I J :" '''w, I I I", ,--1- ..L I -Ji':~':"':' ,.....,..,.-...""..i,."L..__j · ~, MCMiLLAN ROil] T''::-~':''':'':''~-'~'~'~ ~~...:::.:=- LEGEND 300 150 r-I o I 300 I SCALE IN Fill 600 -_.~" 900 ""1 .tV -----...-..- 8.........""y L1np Section l..lfies RIgh~ <>f If"y L1".. E:.lstlng PlLP"C"( Un,e' il!.'t1So\l1~ , 1lY, PRATO VILLAS ESTATES ANNEXATION TO CITY OF MERIDIAN EXH C'O'G llI\rf" DW~ 110 03/22/06 DPM 60108 SCP,i,C, 1"- 300' BRIGGS EI\G:t.:::::RING,\S, ( ~5:) ElI(llllUIIS Pl..AANElIS 'iURvEYORS ll\l:l W I)I';1l\M() I!:WJ ' EllISl. t:.IH~ 1ill!Ji; . [21:ll)J4l-9'IOO '"""," .~i~, Ot 011) ~ifl~ thll)ll:J:l. ,*l-\.-,ll ",~a ,.b<i!!. lil'lN or ~1I:r P'1'~~1 << iltii1r.:3tv"l.ll. ~ bi:?! flrr,ljll:'l:;, It'~t b)' IIIr ttvl" ll~rDl:lrn.rt fn;).ln U""i'W'" l:"'~il'''.(:~9~ ~I(L s"tn 1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 27. T.4N., R.1W., 8.M. \60' Il6..MII.',IJ\VC Exhibit C - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 r------S!!I~-~:- ---l I i : I , i : ~ ~ I ~ ~I ~ il I i, I I I I I I r--t.iiini-~- -:r ---1 I I ~. 411." , : : , I ~ I :; : Is I , L_____j NlWt7"1O"W >>t.. w. CHRRY I.ANI: ;aID N , t ~ - sCALE: ,..2Wo' <100 R~'jIW !,PPR>>,!VAL, ^ 6Y _J__~J.21?- ." Mb-:lr:,.AN I'UBt.}(; 'A., - "'S DfPl lIE. 1/. COlI., 1Ee.. (;p'" IIIJ. lIIDI~) 1- .-mo'E tiO.ii ANNEXATION liXHl8IT Exhibit C - Page 3 _lIT 1 DI" 1 CITY OF MERiDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: t. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to R-4. Council finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Council finds that future development of this property will comply with the established regulations and purpose statement ofthe R-4 zone, ifthe applicant enters into a development agreement with the city. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when detennining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, 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. 5. The annexation is in the best of interest of the City (UDC tt-SB-3.E). The R~4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion ofthe City limits. In accordance with the findings listed above, Council finds that Annexation and Zoninl! of this orooertv to R-4 would be in the best interest of the City. if the aoolicant enters into a Develooment Agreement (DA) with the Citv. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: Exhibit D - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 19,2006 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. If the applicant revises the submitted plat to comply with the conditions listed in Exhibit B of the Staff Report, then the plat will comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) 3. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) Council finds that there is public fmandal capability of providing supporting services to the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety or envirorunental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. Staff recommends that the Corrunission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or envirorunental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic or historic features on this site. Therefore, Council fmds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature( s) of maj or importance. Exhibit D - Page 2