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HomeMy WebLinkAboutShepherd Creek Subdivision PP-06-040 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER oU; I'J'ty I"lF .~'.~ ~ , , l'!'I. ., erldian" ';"\ ( II.M,HO': \~ j' ~. ,c ~~ In the Matter of Preliminary Plat approval of 55 single~family building lots, 7 common lots, and 1 church lot on 32.45 acres, in an existing R-S zone, for Shepherd Creek Subdivision Case No(s).: PP-06-040 For the City Council Hearing Date of: October 24, 2006 (Findings approved on November st\ 2006 agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 24,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 24,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 24,2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 24,2006 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 ~ ll-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-040 - PAGE 1 of 4 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 October 24,2006 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 May 2006 by Stanley Consultants Inc. is hereby conditionally approved; 2. The following modifications to site specific conditions were made at the City Council hearing: a. Requiring a Development Agreement in which the applicant agrees: 1. Construct an emergency access road into the residential portion of the subdivision, from Meridian Road (a collector roadway is not required). 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 24, 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- CITY Of MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-040 - PAGE 2 of 4 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 Pinal 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. P. Attached: Staff Report for the hearing date of October 24, 2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP.06-040 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the IV PV~I14'1Jvv ' 2006. 8.6 dayof COUNCIL MEMBER SHAUN WARDLE VOTED ~ VOTED~ VOTED~ VOTED~ COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED ~?b '~da:/P MAYOR T I de WEERD \, " \ \, \ ' 1II111 <,,\~ C~ UE~"",. ....................' :'\"" .. /"..... ~ () r::~DIi.1 ~ ,/ j ~ )'('0 ~ ~~ft-~i~~ SEAL ~ WILLIAM G. BERG, JR., TY LE~ "'"4:., ....cf. t % "6 >"'-fJ.,. lS'\; . ~ f /,,~ ~.. " "... 0..-... _ _ "< ., ...... V Applicant ///III;;'....uf',n .\\\",..., /". 111/1111 ",,,, v Plannmg Department v ,Public Works Department ~ City Attorney ATTEST: Copy served upon: BY.~J\w.J City Clerk's Office Dated:~ \";>;2'04 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-040 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 FROM: Caleb Hood Meridian Planning Department 884-5533 ~'''v" .~ eridi:n"t '\ ( ID.\HO i ~ ;r ~r. L' ~, ' ~Il ' V ~ ~.r!"'''''''!!f.-~' m1 STAFF REPORT TO: Hearing Date: lO/24/2006 Mayor & City Council SUBJECT: Shepherd Creek Subdivision . PP-06-040 Preliminary Plat of 55 single-family building lots, 7 common lots, and 1 church lot on 32.45 acres, in an existing R-8 zone. . MI-06-004 Miscellaneous request to modify the recorded Development Agreement for the Valley Shepherd Church of the Nazarene to allow a residential subdivision on church property. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, RMR Consulting, Inc., has applied for Preliminary Plat approval of 55 single-family residential lots, 7 common lots, and 1 church lot on 32.45 acres for Shepherd Creek Subdivision. Twenty of the 32 acres are to be retained and used by the Nazarene Church, and 12 acres are proposed for residential development. The Development Agreement (DA) in effect for this site restricts residential uses on this site. Therefore, the applicant has submitted a concurrent Miscellaneous application to modify the recorded DA to allow residential and church uses on the subject site. The site is located on the west side of Meridian Road, approximately 'l2 mile south of Overland Road. The subject property is within the Urban Service Planning Area and within the current city limits (zoned R-8). This area has not been previously platted. 2. SUMMARY RECOMMENDATION The subject applications (PP-06-040 and MI-06-004) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis regarding the requested Preliminary Plat and Miscellaneous applications below. Generally, the Planning & Zoning Commission does not make a recommendation to the Council on DA modifications. However, because the recorded DA must be amended to allow a residential subdivision, both of the subject applications are being combined into one staff report. The Commission should make recommendations to the Council on both of the subject applications. Staff is recommending approval of the proposed DA modification and Preliminary Plat, subject to the plat being re-designed to comply with the R.4 (not R-8) dimensional standards and the construction of a collector roadway out to Meridian Road. Please see Sections 8 and 9 of the Staff Report for detailed analysis. These items were on the August 17 and September 21. 2006 Meridian Planning and Zonin!! Commission a!!endas. At the September 21.2006 public hearin!! they moved to recommend approval. At the October 24. 2006 City Council meetinp- the Council voted to annrove this nroiect. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz, Joel Hammer ii. In opposition: Kimberly Newell-LeMaster, Karen McGordon Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 111. Commenting: Leslie Madsen IV. Staff presenting application: Caleb Hood v. Other staff commenting on application: Bill Nary b. Key Issues of Discussion by Commission: i. Need for a collector roadway out to Meridian Road; 11. Minimum house sizes; 111. Proposed lot sizes; IV. Transition in street sections and sidewalks between Bear Creek, Strada Bellissima and the subject development; and v. Traffic calming at some ofthe intersections. c. Key Commission Changes to Staff Recommendation: i. Leave all lots as proposed, currently zoned R-8 - no R-4. ii. Require at least a 1,400 square foot minimum house size in this development. iii. Require the landscaping, street, and sidewalk to transition in to match the existing stub streets. d. Outstanding Issue(s) for City Council: i. The collector roadway connection to Meridian Road. ii. Use (recorded DA prohibits residential uses) and density proposed. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz. Rav Schild. Dennis Johnson ii. In onnosition; Harold Cluff. Brian Fomey~Tammy...c.ar11on....Andrea Puooolo. Iyx_~Q1ith. Jessica Cason. Hail~y Cason. and Carolvn Smith jii,_-.C.ommentimr: Kevin BOHrer iv. Written comments received: Trov Johnson. Tracv Tatem. CarolvnJ)lIlith. Kimberlv Newell LeMaster. the Bear Creek Homeowners Association (oetition with aooroximatelv 234 silmatures.t Michael and Shannon Steel!e. Patri"k RobinsOll.-.TammYJUld."S-t.ey..,e Carlson. Eiz.abe.thJ::;.as.IT._Melis~a and Chad Whiool~. Lea M9Cu.rdiQ;"Kellv James....At}g~!a Kinniston. YaI). I:Jal1Jal!osh. Ortel!a...Anders. IenniSilll. Perkins. Sanns. Hunnicutt. M,Q,Bride....Amanda Qls.en, v. Staff nres.entinl! aoolication: Anna Canninl! vi. Other staff commentinll on annlication: None h. Kev Issues of Discussion bv Council: i. Need for a collector roadwav out to Meridian Road: ii. ProOQs..edJ.QLsiz~HIDd densitv: and iii. Emenzencv access. c. Kev Council Chamres to Commission Recommendation: i. Collector road out to ~~ridian Road is not reauire_g... but an emenzencv _<:!9f.!'!~S is. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP- 06-040 and MI-06-004 as presented in the Staff Report for the hearing date of October 24, 2006, 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 Numbers PP-06- 040 & MI-06-004 as presented during the public hearing on October 24,2006, for the following reasons: (State specific reasons for denial of the development agreement modification and/or Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers PP-06-040 & MI-06-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: West side of Meridian Road, approximately 12 mile south of Overland Road / 2475 S. Meridian Road; Section 24, T3N, Rl W b. Owner: Shepherd's Creek, LLC 10286 Ustick Road Boise, ill 83704 & Valley Shepherd Church ofthe Nazarene 831 N. Main Street Meridian, ill 83642 c. Applicant: RMR Consulting, mc. 2127 S. Alaska Way Meridian, ill 83642 d. Representative: Matthew Schultz, RMR Consulting, mc. e. Present Zoning: R-8 f. Present Comprehensive Plan Designation: Public/Quasi.Public g. Description of Applicant's Request: 1. Date of Preliminary Plat (attached in Exhibit A): May 5, 2006 2. Date of Landscape Plan (attached in Exhibit A): May 2006 (residential portion) & April 1 0, 2006 (church portion) h. Applicant's Statement/Justification: Our proposed preliminary plat of 1 Church Lot, 55 residential lots, and 7 common lots on 32.45 acres is consistent with the R-8 zoning ordinance and the existing zoning surrounding the subdivision (please see applicant's submittal letter). 5. PROCESS FACTS a. The subject application will in fact constitute a preliminary plat as detennined by City Ordinance. By reason ofthe provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. Miscellaneous applications are not currently addressed in Title 11 of the Meridian City Code. It has been detennined by the City's Legal Department that a miscellaneous application to amend a recorded development agreement will in fact require a public hearing before the City Council. c. Newspaper notifications published on: July 31 and August 14, 2006 (Planning & Zoning Commission hearing), and October 2 and 16, 2006 (City Council hearing) Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF OCTOBER 24,2006 d. Radius notices mailed to properties within 300 feet on: July 21, 2006 (Planning & Zoning Commission hearing), and September 29,2006 (City Council hearing) e. Applicant posted notice on site by: August 7, 2006 (Planning & Zoning Commission hearing), and October 14,2006 (City Council hearing) 6. LAND USE a. Existing Land Use(s): Vacant land and a church. b. Description of Character of Surrounding Area: A mix of single-family residential and proposed office buildings. This area is rapidly urbanizing. c. Adjacent Land Use and Zoning: 1. North: Single-family residential in Bear Creek Subdivision, zoned R-4 and R~8. 2. East: Meridian Road; Office/Commercial uses in the City and County, zoned L-O and RUT (Ada County). 3. South: Single-family residential and future offices in Strada Bellissima, zoned R-4 and L-O. 4. West: Single-family residential in Bear Creek Subdivision, zoned R-4. d. History of Previous Actions: - On December 19, 2000 the City Council voted to annex this property into the City of Meridian with an R-8 zoning designation (AZ-00-018). - On February 22, 2001, a Development Agreement (DA) was recorded (Instrument # 101015259) for this property. Section 4, Uses Permitted by this A€!l"eement, of said DA allows the construction and development of a church and a multi-purpose facility. Section 4 goes on to state: "No chanlZe in the uses specified in this A€!l"eement shall be allowed without modification of this Agreement." ~ On August 14,2003, an addendum to the DA was recorded (fustrument # 103137111) that slightly amended the Legal Description of the property subject to the DA. - On February 16, 2006 the City approved a Conditional Use Permit for the Valley Shepherd Church (CUP-05-058). Cunditiun uf Approval Bl.8 ofCUP-05-058 states: "If any portion uf the orilZinal 32 acre parcel and approximately 1.7 acres contained in Bear Creek Subdivision is further divided then the entire 34.8 acre site shall be contained in a future plat." fu the Analysis section of the Staff Report for CUP-05-058. a provision for a future collector roadway connection to Meridian Road is discussed as a future condition of the subiect preliminary plat. - On May 8, 2006, a Certificate of Zoning Compliance permit was issued for the construction of a 45,575 square foot church on this site. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is sewer stubbed to this property from Bear Creek Subdivision, however those mains flow to a lift station that is not eligible to take any more sewage at this time. Location of water: There are water stubs to this property from Bear Creek Subdivision to the west and north, and a stub to the south in Strada Bellisima. Shepherd Creek Subdivision PP.06-040 & MI-06-004 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006 Issues or concerns: 1.) This property is proposing to sewer to mains in Bear Creek which flow to the Bear Creek lift station. At this time the lift station is ineligible to take any additional flows. 2.) The need to stub a sewer service to parcel R8l86120850 which is located along the southwest comer of the property. 2. Vegetation: Existing trees will be retained or relocated on site. 3. Flood plain: N/ A 4. Canals/Ditches/Irrigation: The Hardin Drain courses through this site. All irrigation ditches, laterals and canals should be covered. 5. Hazards: See Analysis below. 6. Size of Property: 32.45 acres (20.45 acres for church, 12 acres for single-family homes) f. Subdivision Plat Information: 1. Residential Lots: 55 2. Non-residential Lots: 1 3. Total Building Lots: 56 4. Common Lots: 7 5. Other Lots: 0 6. Total Lots: 63 7. Residential Area: 12.0 acres 8. Gross Density: 4.58 units per acre (5.63 net density) 9. Lot Sizes: Lot sizes range from 5,092 square feet to 14,866 square feet. 42% of the lots range in size from 7,000 square feet to 14,866 square feet. 58% of the lots are smaller than 6,600 square feet. The average lot size is approximately 6,694 square feet. g. Landscaping: 1. Width of street buffer(s): The Future Land Use Map designates Meridian Road as an "Entryway Corridor." The UDC (Table 11-3B-7) requires a 35-foot wide street buffer adjacent to Entryway Corridors. The landscape plan proposes a 35-foot wide landscape buffer easement along Meridian Road. UDC Table ll-2A-4 requires a 20- foot wide landscape buffer adjacent to collector roadways. Although not required by the UDC, the applicant is proposing a 20-foot wide landscape street buffer between Kodiak Drive, a local street, and the existing homes in Bear Creek to the north. This proposal will keep the existing lots in Bear Creek from being double-fronted on public streets. 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 0.78 acres (6.50 %) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC ll-3B-12. Common, open-space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3-E2). h. Summary of Proposed Streets and/or Access: Access to the residential portion of this development is proposed from three existing stub streets in Bear Creek and Strada Bellissima. Part of the previous discussions on this site revolved around a future collector roadway Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 5 CITY OF MERIDIAN PLANN ING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 connection through this site to Meridian Road. This site has frontage on Meridian Road, half way between Overland Road and Victory Road. At the request of the Planning Department, a "Disputed Collector Roadway" is conceptually shown on the submitted preliminary plat. The applicant is not proposing to construct this roadway, but staff has requested that this topic be a topic of discussion for the Corrunission and Council. NOTE: Staff has received comments from ITD and ACHD regarding this proiect. The ACHD Corrunission acted on this application on September 6. 2006 and required the applicant to provide a 4th access road to this site. This access road would directly connect the residential portion of Shepherd Creek to Maestra Street which intersects Meridian Road at ){ mile north of Victory Road. The applicant has requested that the ACHD Corrunission reconsider their action and the Corrunission has agreed to do so. Citv Staff has also requested that ACHD reconsider their action of September 6th. and allow. if not require. the applicant to construct a public street to Meridian Road at the mid-mile location. Shepherd Creek will again be heard by the ACHD Corrunission on September 20th. one day before the Planning & Zoning Corrunission hearing. Staff will bring an update of the ACHD Corrunission's final action to the September 21 st P&Z Corrunission public hearing. The comments staff has received from ITD state that they support the collector road connection at the half mile location, and future signalization at the location. as warranted, and as funding allows (please see letter from Sue Sullivan. Senior Planner. dated AUl!Ust 31. 2006.) Staff is recommendim! that the proposed preliminary plat be modified bv extendinl! Kodiak Drive as a collector roadway out to Meridian Road. Please see below for further analysis. 7. COMMENTS MEETING On July 28,2006, Planning Staffheld an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The 2002 Comprehensive Plan Future Land Use Map designates the subject property as "Public/Quasi-Public". Chapter VII of the Comprehensive Plan defmes Public, Quasi-Public and Open Space as areas designated to preserve and protect existing private, municipal, state, and federal land for area residents and visitors. Theses areas include neighborhood, community, and urban parks. Government facilities, public and private schools, health care facilities, churches, utilities, park and recreational areas, and cemeteries are also considered public/quasi-public type uses. In 2004, the City approved Resolution No. 04~454, which amended Chapter VII, Section 1, of the Comprehensive Plan to include the following language regarding Public/Quasi-Public areas (underline added): "Upon redevelopment of such properties, a change in designation and use may be appropriate. the redevelopment of these areas should be l!Uided by the intensity of the existing use. the underlyinl! zoninl! of the property. the surrounding land uses, the location of the property, and transportation issues associated with the proposed development of the property. The appropriate land use desilWation and accompanvinlZ zoninlZ for these areas will be determined by City Council on a case by case basis." Staff finds that if the church has deemed the 12 acres that is proposed for residential uses as surplus property, then a change in designation from Public/Quasi~Public is appropriate. However, based on the factors listed above, which are in the Comprehensive Plan for recommending such a change (existing land uses in the area, location, Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT 5T AFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006 transportation issues), Staff fmds that a development with R-4 densities is more appropriate than the R-8 density and lot sizes proposed. The 12 acres proposed for residential lots are currently vacant, but zoned R-8. The land uses surrounding this property are R-4 to the south and west, with the church and 32 homes in Bear Creek No.6 to the north being zoned R-8. In December of 2000, when this property was approved for annexation by the City, City Code prohibited churches in the R-4 zone. The R-8 zone conditionally allowed churches. That is why this property was zoned R-8. Staff believes that it was not envisioned at the time of annexing this property that R-8 density and lot sizes would occur on any portion of the property owned by the Nazarene Church. To support this belief, the City required the church to enter into a Development Agreement stating that the annexation of the 35 acres was for a church and uses ancillary to the church only. Again, if the church now believes that some of their property is surplus, staff believes that it is better to allow that surplus area to develop than to just have the property sit vacant. However, staff recommends that if residential uses are allowed on this property then the lots should be similar to how a maioritv of this area has developed. with R-4 densities. Staff believes that a residential use on the subject property is appropriate as the request is consistent with the intent of Resolution No. 04-454, if the Commission and Council finds residential development is appropriate for this site. Urban and Residential Collectors: In Chapter VI of the Comprehensive Plan, under the Transportation section, the Plan states (underline added): "The transportation system's second tier is the collector system. Collectors are generally categorized as either urban or residential. Urban collectors are designed to carry higher volumes of traffic and (often seamlessly) connect one arterial to another through a given mile. They also may move at higher speeds than residential collectors. The latter are typically constructed by private develops at the time of construction of a subdivision and have a more residential character. They mayor may not connect through an entire mile section." This section goes on to state that the intersections of collector roads and arterial roads should be located at the 12 mile point within any given section, and that collectors should extend in an essentially straight line for 200 feet to 400 feet from the intersection (of the arterial). Collectors serve as key transportation routes and link local roads with other collectors or arterials. Typically they provide direct service to residential areas, are two to three lanes, have right-of-way width between 60 and 66 feet, and may have parking (page 53, Chapter VI, June 2006 Comprehensive Plan). Based on the preceding Comprehensive Plan text and action items listed below. staff is recommending: that a collector roadway be constructed to Meridian Road with the development of Shepherd Creek (please also see Sections 9 and 10 of the Staff Report for UDC policies regarding collector roadways alonlZ State Hi!iliwavs). The following Comprehensive Plan policies apply to this application (staff analysis in italics): . Chapter VII, Goal III, 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 in the following manner: Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006 · 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 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 Meridian Police Department (MPD ). · The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and 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 suqject lands are currently serviced by the Meridian Library District. This service will not change. 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, Obj ective 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. Stailis supportive of the proposed pedestrian connections to future adjacent subdivisions, via stub streets, and the micro-path from the church to the residential portion of the subdivision. . Chapter VII, Goal IV, Objective C, Action I - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential subdivision. Staff finds that the proposed developments to the west, north and south, as well as the church that is under construction on this site are all generally compatible with each other. However, the density of the proposed development is not consistent with how the rest of this area has developed. Staff is recommending that the plat be amended to show lots that are consistent with the R-8 zoning standards, and that a landscape buffer be provided between Bear Creek No. 6 to the north and the subject development (between the roadway and the existing homes.) . 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. Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 Prior to house construction, fencing should be constrncted around the perimeter of this site. Further, the applicant should be required to construct a 6-foot tall vinylfence around the perimeter of this site that is not currently fenced, as proposed. · Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) There are three stub streets provided to this property, two if.om Bear Creek and one from Strada Bellissima. The applicant is proposing to extend all three stub streets into this site. Staff is supportive of this proposal. To further enhance connectivitv and traffic flow in this section. staff is recommendinf! that a collector roadwav (Kodiak Drive) be constructed out to Meridian Road. If Kodiak Drive is constrncted to intersect Meridian Road, then a signal may be constrncted in the future between Victory Road and Overland Road. If Kodiak Drive is not constructed out to Meridian Road, then Staff believes that signalization in this mile stretch will never occur, and the City, ITD and ACHD will be left with access to Meridian Road that does not comply with ITD's or the City's established standards. This impact will have a negative effect on traffic flows in the area. · Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. As noted above, the applicant is connecting to local roads in the adjacent developments. Staff believes that there is a great opportunity for a collector roadway to be constructed through this site, providing better traffic flows in this area. The potential of a collector roadway on this site was previously discussed during the annexation and CUP approval for a church on this site. Stafl believes that the requirementjor a collector roadway on this site was previously discussed and with the proposed development of this property, it is now the appropriate time for its constrnction. · Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and arterial streets. Except for the extension of Kodiak Drive as a pubic collector roadway that intersects Meridian Road, no access to Meridian Road should be approved with this development. Staff believes that residential uses on this site are appropriate, and are generally consistent with the Comprehensive Plan (as amended by Resolution 04-454). However, staff further believes that the proposed density is not appropriate and that a collector roadway to Meridian Road is necessary. 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 development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2lists single-family, two-family (duplex), and townhouse developments as a Permitted Uses in the R-8 zone. Single-family detached units, parks and minor public utilities are the only Principally Permitted uses in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the Shepherd Creek Subdivision PP-06-040 & MI-06.004 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 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. Development along State and Federal Highways (UDC 11.3H-4B2b): Public street connections to the state highway shall only be allowed at; the section line road; and the half- mile mark between section line roads. Theses half-mile connecting streets shall be collector roads. See below for analysis regarding this standard. d. General Standards: All of the proposed lots currently comply with the standard lot size and street frontage requirements of the R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. However, staff is recommending that all of the lots within this development comply with the standard lot size and street frontage requirements of the R-4 zone. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Miscellaneous Application Analysis: The applicant has submitted a Miscellaneous application (MI-06-004) requesting that the recorded Development Agreement on this site be modified. UDC 11-5B-3.D.2 and Idaho Code ~ 65-6711A 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. On January 19, 2001, the Valley Shepherd Church of the Nazarene, the current owner of a portion of the subject property, entered into a development agreement with the City. This DA is in effect for all 35 acres that was annexed into the City, and is currently requested for subdivision approval. During the public hearings regarding annexation and CUP approval of the church, the need for a collector roadway on this property was a topic of discussion. In fact, Staff believes that the ability to get a collector roadway on this site, when the site developed, was a factor in the City agreeing to annex this property. Further, in the Staff Report for CUP-05-058 (which allowed the construction of the Nazarene Church), Staff's analysis includes: "The site will require preliminary plat approval for any future uses contained on site. The original 34 acres of the site shall be contained in this plat. The future collector street and r..:ummercial streets to the south shall be dedicated to the public at such time. The required landscape buffers are to be planned with the plat to be consistent with the UDC." Staff believes that the requirement for a collector roadway on this site has always been disclosed and that if additional development occurs on this site it should be constructed. RMR Consulting, Inc. is requesting that certain sections of the recorded development agreement be modified to reflect the proposal to construct additional residences on this site. The DA currently limits uses on this site to a church and a multi-purpose facility for the church. This restriction was placed on the property by the City Council at the December 19, 2000 public hearing for annexing this property (file # AZ-00-018). As noted in the sections above, Staff believes that residential uses on this property may be appropriate, but not at the density proposed with the Shepherd Creek Subdivision. The density within Bear Creek Subdivision is just over 2 dwelling units per acre, and the density in Strada Bellissima is approximately 2.5 dwelling units per acre. Further, the density in the recently approved Bear Creek West Subdivision, on the west side of Stoddard Road, is approximately 2.5 dwellings per acre. Consistent with the other residential proiects that have been approved in this section. the Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 10 CITY OF MERIDIAN PLANN ING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 development requirements listed in the UDC (see below) and the Comprehensive Plan policies regardillll the redevelopment of Public/Quasi-Public areas (see Section 8 above). staff is recommending that the DA for this property be amended to allow 12 acres of the site to be developed with R-4 sized lots. provided a collector roadway is built to intersect Meridian Road at approximately the lh mile location. The development agreement for this property was record on February 22, 2001 as Instrument No. 101015259. Staff recommends that the Commission and Council direct the City's Legal Department to draft modifications to the recorded development agreement for Valley Shepherd Church of the Nazarene as follows: . Page 4, Item 4-1 - "The uses allowed pursuant to this Agreement are only those uses allowed under "City'''s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a church and a multi-purpose facility and development of single- familv residences on 12 acres that complies with the lot size. frontage and densitv standards of the R-4 zone. Prior to occupancv of the first home within this development. a collector roadwav located at approximatelv ~ mile north of Victory Road. shall be constructed out to Meridian Road. Said roadwav shall be dedicated and accepted bv ACHD. " Prior to the final plat being submitted for City Council approval, a modification to the recorded Development Agreement (Instrument No. 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer. Said modification to the DA shall include the change listed above. The applicant shall contact the City Attorney. Bill Nary. at 888- 4433 to initiate this process. Preliminary Plat Analysis: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code (UDC), staff believes that this is a good location for a single-family residential development. However, also based on the policies and goals contained in the Comprehensive Plan and the UDC, staff is recommendinl2; that a development with R-4. not R-8. densities and lot sizes be approved. Please see Exhibit C for detailed analysis of facts and findings for a preliminary plat. 1. Access: Meridian Road is a state highway. UDC 11-3H-4B prohibits access to state highways at locations other than at section line roads, or at the Yz mile between sections. The proposed access to this site is from three existing stub streets. There are currently three public streets that intersect the west side of Meridian Road in Section 24: Davenport, Calderwood and Maestra. None of these street locations meet ITD's or the City's current policies for location along a Type N state highway. In the future Staff envisions these accesses to Meridian Road in this section will be limited to right~inlright-out turning movements. If this is the case then a signal between Victory Road and Overland Road is never likely to get built. To facilitate efficient traffic movement for the general public and emerl2;ency service providers now and into the future. staff recommends that a public collector roadway be built from the intersection of Riptide Avenue. out to Meridian Road. This roadway should be desiroed and constructed to ACHD' s standards. This roadway may be signalized in the future, as warranted, and as funding allows. NOTE: There is currently an alignment problem with an existing public street, Rosalyn Court, on the east side of Meridian Road. The properties with frontage on Rosalyn Court and Meridian Road are currently within Shepherd Creek Subdivision PP-06-040 & MI.06-004 PAGE 11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 unincorporated Ada County. When these properties request annexation and development to the City, Staff will require that the existing Rosalyn Court be abandoned (vacated or exchanged) and that a new public collector roadway be constructed in alignment with the subject collector roadway, Kodiak Drive. The applicant should dedicate right~of-way, in accordance with ITD's requirements, to allow for future highway expansion along Meridian Road. The applicant should construct a 10-foot wide pathway along Meridian Road per UDC 11-3H-4C3. 2. Density: As mentioned in the sections above, this property is currently zoned R-8, but Staff is recommending that it be developed in accordance with the R-4 standards. All lots within Shepherd Creek Subdivision shall be designed in accordance with Table 11-2A-4 and the Medimn Low-Density Residential standards contained in the UDC. 3. Landscapinl!: The landscape plans prepared by Jensen Belts, on May 2006 and prepared by Glancey Rockwell & Associates, on April 10, 2006, labeled Sheets L-2.61 and L-2.62 are approved with the following modifications/notes: · Provide a 35-foot wide landscape street buffer along Meridian Road as depicted. The landscape buffer along the street shall be designed 1ll accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. · Construct a 20-foot wide landscape street buffer along both sides of the "disputed" collector roadway out to Meridian Road. The landscape buffer along the collector street shall be designed in accordance with UDC 11-3B-7 and UDC Table l1-2A-4. · Construct a 20-foot wide landscape strip along the north side of the development, from Riptide Avenue to the west property line, as proposed. · Provide a micro-path connection on Lots 1 and 15, Block 1, that connects Riptide Avenue to the parking lot for the church. Provide a micro-paht on Lot 7, Block 2, as proposed. Provide landscaping in compliance with UDC 11- 3B- 12, adjacent to the micro-paths. Micro-path fencing shall comply with the standards in the UDC. · Construct 6-foot tall vinyl fencing around the perimeter as shown on the plan. · Construct all other landscaping as shown on the plans. · 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-I4. Submit a landscape plan, reflecting the changes/notes mentioned above, with the [mal plat application(s). Landscape Buffer alonll Meridian Road: Meridian Road, adjacent to the property, is classified as an Entryway Corridor on the 2002 Future Land Use Map, and requires a 35- foot landscape buffer per UDC 11-2A-5. The applicant has proposed to construct a 35- foot wide landscape buffer along Meridian Road, located outside of the future right-of- way for the highway. 4. Common Areas: All common lots which are approved as open space and/or will function as drainage areas shall be vegetated and be usable by residents. Maintenance of all common areas shall be the responsibility of the Shepherd Creek Homeowners Association. Shepherd Creek Subdivision PP-06-040 & MI.06.004 PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DA IE OF OCTOBER 24, 2006 5. Ooen Space/Amenities: The applicant is proposing to set aside 0.78 acres (6.5 % of the property) for open space and staff is supportive of the design. Pedestrian pathways (micro- paths) and a seating area with benches are a part of the open space design, as well. 6. 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 7. Common Driveways: A common driveway is proposed for Lots 19 and 20, Block 1. The UDC allows the frontage for R-4 zoned lots sharing a common driveway to be reduced to 15 feet. UDC 11-6C-3D7 requires setbacks, building envelopes, and orientation of the lots and structures to be shown on the plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Further, UDC 11-3C-6 requires every single-family dwelling to have a two-car garage and a 20' x 20' parking pad on the lot. The asphalt for the common driveway should not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11- 6C-3D. 8. 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 11-3A-15 and MCC 9-1-28. 8. Fencing: Fencing adjacent to all micro-paths is required. The applicant should submit a detailed fencing plan with the fmal 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 perimeter fencing must be completed prior to issuance of building permits. All fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing shall be installed in accordance with UDC 11- 3A-7. 9. Ditches. Laterals. and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. b. Staff Recommendation: Based on the above analysis, staff fmds the MI and PP applications generally conform to the Comprehensive Plan policies and UDC standards. As noted in the Conditions of Approval in Exhibit B and the Development Agreement orovisions in Section 10 of the Staff Report. staff recommends approval of the subiect applications with the limitations that residential construction be desil!lled in accordance with the R-4 standards of the UDC (minimum 8.000 square foot lots. minimum 60 feet of street frontage. etc.) and density. and that a public collector roadway be constructed out to Meridian Road. Staff further recommends that the Council direct the Le!!al Department to draft an addendum to the Development Agreement to allow residential uses on this property. Please see Exhibit B for all Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 13 CITY OF MERIDIAN PLANNING OEP ARTMENT STAFF REPORT FOR THE HEARlNG OA TE OF OCTOBER 24, 2006 of the conditions. provisions and restrictions rel!arding the Shepherd Creek development. ON September 21. 2006 the Meridian Plan nine & Zonin2: Commission voted to recommend approval to the City Council of the subject applications. On October 24. 2006 the Meridian City Council voted to approve the subject applications. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: 5-5.06) 2. Landscape Plans (dated: May 2006 and April 10, 2006)(3 sheets) 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 Distri.ct Health Department 9. Idaho Transportation Department C. Required Findings from Unified Development Code Shepherd Creek Subdivision PP-06-040 & MI-06-004 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 A. Drawings 1. Preliminary Plat (Dated: May 5, 2006) ttW-_lllii ".i ...'. _f . -.- .~...oitlII~l~~ '" .,.. . , ~t -.- i} c I" . I' I ,I 'I !lliJi ql . I 1 n 'I.t ~ > ~ il I,!, , ... i ~ !II~I! "HI I P.i!ltl~rl '~II~"IJ l II · -I! II' jl t . IJlIt I I in , I I: it!ll: 'I: Ii ~ '1"~lt i: ! :~ l:!i:j ~ i ,j II dlf!lIli' ~: ~ il!: · ~P!~"'ll"nl j)nll:dll;!~ ' illl Iii' II II Ii I. !II 1'1'111. I I Ii;.. 'illli (!IIU W:ll! ;1 . .!'".i I t! lilll! II I~ ~I :P.,d: ~,!.i~q :l,fl"r,~' ~!li Ii ~! III n.!;,H1 ':' ;, : ,; : 11\ : 11l uliflm ~... ~ ...- i- \r~........,...:..:....-.,.._.__ . , I i n;~ \\ t;-:, ',,' Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA IE OF OCTOBER 24, 2006 2. 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" . ;,7., \'I":!"_ ~- -;: t - - ,- ->. _ i I, r; j' I(~(<>~'->I 16 1 'It I I 'I ~_ ~.,.. 1I~ ~ -1 I II':') 'I tl:1 1& tal ,'j / I I, I, I 1'<.....-' I1I1 '''; i'., :tl I ' \ ", l' I ," I I tit I ' " I , I I I . ~ ~ c ' \;- It I I, '.. ~\:'.~"~ I ~ ii' ~ ) ,"~"" ,~ . ~ '\ "" ~ ,_, n -~, ,; 'I~ I I "'~~,>,,', ~.-;-:I'~ 1!1I,'l: !Ililt. "'.~.,,~ ...~, - \t1 ~ . ,..I .. ". !;><~~i!~l. :; ~r : ~'-~ I ~.; ~~ , ," ~ i.U' _../-~.,,",,,,_.~, ,'~ ~' ; ~~ I! , _!l' :.: I I , ,/ "0 ~ r" " I ,,/ ,r' 1 s~ Exhibit A . ('0" } ,{ a. .' ,v' :l~ ; J;!is \.,r. ~! '" .. I I fi II' J,II ,~!~ ~ ~ /' ~ ' ,- ~' ~. :.. III ~!, , II. I .' ~~ f~ . \ . II j ~. " I ~". j - 1 I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT MISCELLANEOUS APPLICATION 1. Prior to the final plat being submitted for City COWlcil approval, a modification to the recorded Development Agreement (Instrument No. 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer. Said modification to the DA shall include the changes listed in bold and underline below. The applicant shall contact the Citv Attornev. Bill Nary. at 888-4433 to initiate this process. · Page 4, Item 4-1 - "The uses allowed pursuant to this Agreement are only those uses allowed under "City'''s Zoning Ordinance codified at Meridian City Code Section 11-7-2 (D) which are herein specified as follows: Construction and development of a church and a multi-purpose facility and development of sincle- family residences on 12 acres that comply with the lot size. fronta2e and density standards of the R-8 zone. with a minimum house size of 1.400 square feet. Prior to occupancy of the fll'st home within this development. an emergency access connection eolleetoF Foadwav located at approximately 1/2 mile north of Victory Road. shall be constructed out to Meridian Road.-Said road-way shaD be dedieated aRd aeeepted by helID. Landscapin2 and sidewalk shall transition at the stub streets to match the existin2 stub streets provided to this propertv. " 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1.1 The preliminary plat labeled Sheet 1 of 2, prepared by Stanley Consultants, Inc., dated May 5, 2006, is ftet-approved as submitted. The applicant shall revise the plat so all lots comply with the dimensional standards of an R-8 development as listed in Table 11-2A-4 of the UDC, and comply with the requirements listed below. All comments and provisions of the accompanying Miscellaneous application (MI-06-004) and the development agreement for this property shall also be considered conditions of the Preliminary Plat (PP-06-040). 1.1.2 The landscape plans prepared by Jensen Belts, on May 2006 and prepared by Glancey Rockwell & Associates, on April 10, 2006, labeled Sheets L-2.6l and L-2.62 are approved with the following modifications/notes: . Provide a 35-foot wide landscape street buffer along Meridian Road as depicted. The landscape buffer along the street shall be designed m accordance with UDC 11-3B-7 and UDC 11-3H-4C&D. . Construct a 20 foot wide landscape street buffer along both sides of the "displ:lted" eolleetor road'Nay om to Meridiafl Road. The landscape buff~ along the eolleetof street shall be desig:a.ed ia aooordance with UDC 11 3B 7 aad UDC Table 11 2.^. 1. . Construct a 20-foot wide landscape strip along the north side of the development, from Riptide Avenue to the west property line, as proposed. . Provide a micro-path connection on Lots 1 and 15, Block 1, which connects Riptide Avenue to the parking lot for the church. Provide a micro-path on Lot 7, Block 2, as proposed. Provide landscaping in compliance with UDC 11-3B- 12, adjacent to the micro.paths. Micro-path fencing shall comply with the standards listed in the UDC. Exhibit B CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 · Construct 6-foot tall vinyl fencing around the perimeter as shown on the plan. · Construct all other intema11andscaping as shown on the plans. · 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The applicant shall coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. · 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. · The sidewalks and landscaping shall transition to match into the Bear Creek and Strada Bellissima improvements adjoining this project. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.1.3 Prior to the final plat being submitted for City Council approval, a modification to the recorded Development Agreement (Instrument No. 101015259) shall be entered into between the City of Meridian, property owner (at the time), and the developer. 1.1.4 Construct ~menrencv acc~ a fl1:1blie e01lector roadway from the intersection of Riptide Avenue, out to Meridian Road. This emenzencv a!;cess roadway shall be located approximately 1/2 mile north of Victory Road alia shall be designed and eOlistructod to .^..:CIID's standards. This roadway shall be constructed alid apflroved by .\CHD prior to the City's issuance of any residential occupancies in this development. Place a note on the face of the final plat prohibiting direct lot access to Meridian Road. 1.1.5 The applicant shall dedicate right-of-way, in accordance with ITD's requirements, to allow for future highway expansion along Meridian Road. 1.1.6 Any two lots sharing a common driveway shall maintain at least 15 feet of public street frontage (flag) and the common driveway easement should be depicted and explained on the face ofthe [mal plat. Place the building setbacks/envelopes and orientation of the lots and structures that use the common driveway on the face of the final plat. Building setbacks shall be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. Provide a two-car garage and a 20' x 20' parking pad on each lot. The asphalt for the common driveway shall not count towards the required parking pad area. Comply with all common driveway provisions listed in UDC 11-6Cp3D. 1.1.7 Set aside at least 0.78 acres (6.5 % of the property) for open space, as proposed. Construct pedestrian pathways (micro-paths) and a seating area with benches as part of the open space design. 1.1.8 Maintenance of all common areas shall be the responsibility of the Shepherd Creek Subdivision Homeowners' Association. 1.1.9 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, and waterways being used as amenities, 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 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. GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.2.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision (where applicable) pursuant to UDC ll-3A-17. 1.2.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-ll. 1.2.3 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 11.3A-15 and MCC 9-1-28. 1.2.4 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 [mal plat application. 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. 1.2.5 The applicant shall submit a 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 fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC 11-3A-7. 1.2.6 All irrigation ditches, laterals, or canals intersecting, crossing, or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the appropriate Irrigation District. Plans will need to bt: approved by said 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 not be obtained, altemate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.2.7 Staff s failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in Bear Creek Subdivision that flow to the Bear Creek Lift Station. The Bear Creek Lift Station discharges to an eight-inch line in Overland Road. It is the detennination of the City Engineer and Public Works Director, using information derived from the City's sewer model and flow metering, that the Bear Creek Lift Station is ineligible to take any more flow than is currently approved in Bear Creek Subdivision. 2.2 This property shall not be allowed to sewer to the mains in Bear Creek until the lift station is Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 decommissioned, and the mains are then gravity flowing to the Black Cat Trunk. In order to ensure this, the City Engineer will not sign the plat until the Bear Creek Lift Station is taken off- line. 2.3 This property is currently not serviceable by the City of Meridian's sanitary sewer system and the City of Meridian does not guarantee sewer service in the timelines outlined in the UDC. 2.4 The applicant shall install sewer and water mains to and through this 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 altemate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.5 The applicant shall be required to extend a sewer service down the lot line common to lots 7-8 block 4, to parcel R 8186120850 which is located in the southwest comer of this development. On the face of the fmal plat graphically dedicate a sewer service easement to protect this service 2.6 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 finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 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. 2.9 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 tht: 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 fmal plat by the City Engineer. 2.10 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. 2.11 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. 2.12 The preliminary plat indicates that the Harden Drain will be tiled on the "church side" of this property. Prior to construction plan approval the applicant shall provide documentation that the owners of the church lot approve of the tiling of the drain on their property. 2.13 The remainder of the drain on the "church lot" shall be tiled with any new improvement or division of the remainder ofthe "church property". 2.14 Per UDC Il-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.15 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.16 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.17 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.18 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as detennined during the plan review process, prior to signature on the final plat. 2.19 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Pair Housing Act. 2.20 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Environmental Protection Agency. 2.21 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.22 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. 2.23 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.24 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest establisht:u pt:ak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least I-foot above. 2.25 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Pinal design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 1. One and two family dwellings will require a fITe-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire proj eet. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24,2006 2. Acceptance of the water supply for ftre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3. Final Approval of the ftre 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. d. Fire Hydrants shall be placed on comers when spacing pennits. 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 ofthe project. 4. The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads and alleys shall have a turning radius of28' inside and 48' outside radius. 6. All corrunon 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. 7. Operational fITe hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 8. Building setbacks shall be per the International Building Code for one and two story construction. 9. The proposed 55-lot subdivision with an estimated 2.9 residents per household would have a total estimated population of 160 residents at build out. 10. The applicant shall work with the Public Works Addressing staff to provide an address identiftcation plan and a sign which meets the requirements of the City of Meridian sign ordinance for the church. 11. The Fire Dept. has concerns about the ability to address the project and have the addresses visible from the street which the project is addressed off of. Please chanlZe the name of Alaska Way to Garibaldi Avenue. as it alilms with Garibaldi Avenue in Strada Bellissima Subdivision. Please contact Tricia Biernen at 898-5500 to address this concem_ 12. 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. 13. 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 fITe hydrants and mains shall be provided where required by the code offtcial. 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). a. For Group R~3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).i b. 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). 14. An emergency access to meridian Rod is helpful here but offset is a concern. 4. POLICE DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 Adequate lighting shall be provided along pathways. 4.3 Rename Alaska Way, Garabaldi Avenue. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance (UDC ll-3B-10) 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 ll-3B-10) 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 ofthe 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. 7. ADA COUNTY HIGHWAY DISTRICT Site Specific Conditions of Almroval 7.1. Comply with ITD for the frontage on SH69. 7.2 The applicant is prohibited from connecting West Kodiak Drive to Meridian Road (SH69). 7.3 Provide continuous right-of-way from West Kodiak Drive east to the church site and provide complete roadway improvements abutting the entire stub street. 7.4 Construct the internal roadways as 36-foot street sections within 50-feet of right-of-way complete with curb, gutter and 5-foot attached concrete sidewalk, as proposed. 7.5 Construct a stub street to the north, South Alaska Way, located approximately 135-feet east of the west property line (measured property line to centerline), as proposed. This stub street shall connect to and align with an existing street, South Alaska Way within the Bear Creek Subdivision north of this site. 7.6 Construct a stub street to the south, South Garibaldi Avenue, located approximately 185-feet east of the west property line (measured property line to centerline), as proposed. This stub street shall align with and connect to an existing street, South Garibaldi Avenue within the Strada Bellissima Subdivision to the south of this site. 7.7 Construct a stub street to the west, West Bear Track Drive, located approximately 355-feet south of the north property line (measured property line to centerline), as proposed. This stub street shall align with and connect to an existing street, West Bear Track Drive, within the Bear Creek Subdivision Sub to the west of this site. 7.8 Complete the street improvements to Maestra Street, where it abuts the subdivision site, as one half of a 40-foot street section complete with vertical curb, gutter and 5-foot attached concrete sidewalk, from SH69 to the last commercial lot on the opposite side ofthe roadway. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 7.9 Complete the street improvements to Maestra Street, where it abuts the subdivision site, as one half of a 36-foot street section complete with curb, gutter and 5-foot attached concrete sidewalk for the remainder of the roadway as it transitions westward. 7.10 Comply with all Standard Conditions of Approval. Standard Conditions of AlJvroval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 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. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 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. 7.2.7 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 applicable AClID Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. 7.2.9 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. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 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 AClID 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. 7.2.12 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 24, 2006 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use ofthe property which is the subject ofthis 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 Heaith & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. IDAHO TRANSPORTATION DEPARTMENT 9.1 This site is located adjacent to the State Highway 69 9.2 ITD supports the City's proposal for a collector road connection at the half mile location, and future signalization at the location, as warranted, and as funding allows. 9.3 This proposal should be contingent upon the City's conunitment to require the realignment of Roslyn Court as redevelopment occurs at that site. 9.4 We would also like agreement, if informal, between ITD, ACHD and the City of Meridian that no other signals between Victory and Overland roads would be proposed. 9.5 Should an accident history develop at the intermediate intersections, a median to restrict movements would be constructed (as funding allows) to resolve safety problems. 9.6 Good connectivity should be required to allow good access to the potential signal location from properties in the sub-area. Exhibit B CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006 C. Required Findings from Unified Development Code 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: A. The plat is in conformance with the Comprehensive Plan; Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B for more information.) C. 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 own cost, Council finds that allowing a subdivision on this site will not require the expenditure of capital improvement funds. D. 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 Exhibit B, for more detaiL) E. The development will not be detrimental to the public health, safety or general welfare; and Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD and ITD consider road safety issues in their analysis. Staff recommends that the Commission 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. F. The development preserves significant natural, scenic or historic features. Council is unaware of any natural, scenic, or historic features on this site. Therefore, Council finds 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 major importance of which staff is unaware. Exhibit C