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HomeMy WebLinkAboutNursery Subdivision November 13, 2006 MERIDIAN PLANNING & ZONING MEETING PP 06-036 November 16, 2006 APPLICANT Gary Fors ITEM NO. 6 REQUEST Continued Public Hearing from November 2,2006 - Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision - 570 S. Linder Road AGENCY COMMENTS CITY CLERK: See AZ Packet ~ ' ~,\V '0- cC)~ ~ 1/~ 1;\/\ CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTH ER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~ ~:~....~ . S~L DISTRICT HEALTH DEPARTMENT _HEAI~1rt \-j Environmental Health Division DEPAR'~-' . " ,.. \ \'(':'1 ': '., ''". ~ ~J- r (" - .~ -~,:,- - . .)' :' .", - \ Rezone # " ":,,_ '~,: .,_,-,~~_:~,::,_)~:zr 0" -1>3 'PJ "-~ --,---- -'- . - /'~':"I' "~:'~", \ I \. ---'..:' ,.".. ~~ .....- ' Conditional Useil/tJ....-'-.. Preliminary / Final/Short Plat 01. 02. 03. 04. 05. 06. 07. Jia" 8. I.' "1 . ',J , I,,: ,::~~,!:U'C Return to: o Boise DEagle o Garden City o Meridian o Kuna DACZ o Star Pp - ~,.,-,. -'. ,,'. '".,: """:"':'1'<, ';_,' :",1" D " -DS , J; , .~,' ~~:-- '; , ,"-" ~- 1'- ; .~- I Ivvrr~"'1 5vlod ,"vts: 0"", ' We have No Objections to this Proposal. We recommend Denial of this Proposal. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. We will require more data concerning soil conditions on this Proposal before we can comment. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: o high seasonal ground water 0 waste flow characteristics o or bedrock from original grade 0 other This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. After wri~nyPproval from appropriate entities are submitted, we can approve this proposal for: I2sr central sewage 0 community sewage system 0 community water well o interim sewage ~ntral water o individual sewage 0 individual water I2r; The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division ~ironmental Quality: ~ central sewage Q ~munity sewage system 0 community water o sewage dry lines ~entral water ~ Q. Run-off is not to create a mosquito breeding problem. o 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. o 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. o 13. We will require plans be submitted for a plan review for any: o food establishment 0 swimming pools or spas o beverage establishment 0 grocery store o child care center o 14. Please see attached stormwater management recommendations o 15. Date: ~ /.21/~ 15726-001 EH0904 Reviewed By: " Review Sheet \V\~ .. i\ ~&~1~?)~ 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-.4395 FAX # 208-.463-0092 15 August 2006 phones: Area Code 208 OFFICE: Nampa .466-7861 SHOP: Nampo .466-0663 Anna Canning Planning & Zoning Commission City of Meridian 660 E. Watertower Lane Suite 202 Meridian, ID 83642 liT~::i: lI,;.r'/']JJ l"}: AGe; 2 2 2006 RE: AZ 06H038 & PP 06-036/Nursery Subdivision 'J: ! I~= fV'I E ~~< l lJ ,r'n:" C ;:~ ~:<". t~;= !":- i ,""" ,_. Dear Anna: Nampa & Meridian Irrigation District requires that a Land Use Change Application be filed, for review, prior to final platting. Please contact Donna Moore at 466-7861 for further infonnation. All laterals and waste ways must be protected. The District's Kenney Lateral courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. All municipal surface drainage must be retained on site. If any municipal surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Sincerely, 13d/ ~'- Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg c: File - Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJEQ RIGHTS - 40,000 ~&~~ . ~O~y... 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 16 August 2006 phones: Area Code 208 OFFICE: Nompo 466-7861 SHOP: Nampa 466-0663 Kurt Reliford, Project Manager J.J. Howard Consulting Engineers 1530 E. Commercial Ave., Suite 109 Meridian, 10 83642 RE: Land Use Change Application - Nursery Subdivision Please note the District now reauires three (3) sets of plans Dear Mr. Reliford: Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P_ Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, ~UM ~. ~~ Donna N. Moore, Asst. Secretary/Treasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Meridian City Planning & Zoning Commission Gary Fors, 843 Lilac Street, Meridian, 10 83642 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 Page 1 of 1 Machelle Hill From: Kurt Reliford [kurtr@fiberpipe.net] Sent: Monday, October 02, 2006 1 :02 PM To: Tara Green Cc: Machelle Hill Subject: Nursery Subdivision Tara, We would like to request a continuance for the aforementioned project as the developer failed to post the property prior to the required number of days before public hearing. Thank you, Kurt F?eliford J.J. Howard Engineers 1530 E. Commercial Ave., Suite 109 Meridian, ID 83642 Phone: 208-846-8937 Fax: 208-846-8822 E-mail: kurtr@fiberpipe.net 10/2/2006 Memo To: Planning & Zoning Commissioners From: Justin Lucas, Associate City Planner cc: Applicant, C. Caleb Hood, Ted Baird, Clerk's Office, Project File Date: October 2, 2006 Re: Nursery Subdivision (AZ-06-038 / PP.06-036) Staff has been made aware that the applicant for Nursery Subdivision failed to post notice of the public hearing on the property for the October 5, 2006, Planning and Zoning Commission hearing. Staff is requesting the Commission open and continue the public hearing for Nursery Subdivision (AZ~06~038 & PP~06-036) to the November 2, 2006 Commission hearing, for the applicant to place public notice on the property. CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 STAFF REPORT Hearing Date: 11/16/2006 Continued from 11.2-06 Continued from 10-5-06 Planning & Zoning Commission ~ridl~ ~ IJ.\IiO c} \:(~ .II "".- ,F' '.~ ~?!-"C'I"::I'~"'iL~R~~~l;:"'./'~:~;';:i TO: FROM: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 ~\lfUn'! Ii,. 1" \:' jJ ~-: _. '--'r'. SUBJECT: Nursery Subdivision . AZ-06-038 Annexation and Zoning of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) . PP.06.036 Preliminary Plat of25 single-family building lots and 4 common lots on 5.59 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Garry Fors, has applied for Annexation and Zoning (AZ) of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 25 single family residential lots and 4 common lots for Nursery Subdivision. The site is located on the east side of Linder Road approximately 1,900 feet south of Franldin Road in Section 13, Township 3 North, Range 1 West, and is currently referenced as Assessor's Parcel Number SI213233892. The subject site is within the City's Area ofImpact and Urban Service Planning Area. Note: This staff report has been updated from the original staff report prepared for the 10-5.06 public hearing. Two new conditions of approval have been added (see Planning Department condition 1.2.4 and Public Works condition 2.4). This staff report was revised a second time based on the Planoin!! and Zooin!! Commission requests that were voiced at the 11-2-06 public he ann!!. Revisions have been made to Section 10 and Exhibit B ofthe report. These revisions are in bold and underlined. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06~038 and PP-06-036) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. 3. PROPOSED MOTIONS Recommend Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-06-038 and PP-06-036 as presented in the staff report for the hearing date of November 16, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-06-038 and PP-06-036 as presented during the hearing on November 16, 2006, for the following reasons: (You should state specific reasons for denial of Nursery Subdivision AZ-06-038, PP-06-036 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 the annexation request, you must state specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-038 and PP-06-036 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: 570 South Linder Road Section 13, T3N, Rl W b. Applicant I Owner: Gary Fors 843 Lilac Street Meridian, ill 83642 c. Representative: Jim Howard, 1.J. Howard Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 5.59 acres to R-8 and Preliminary Plat approval of 25 single-family buildable lots and 4 common lots. All of the homes within the development are proposed to be single-family detached. The gross density of the project is 5.06 dwelling units per acre and the net density is 7.27 dwelling units per acre. Approximately 5.97 percent of the site is being set aside for open space. 1. Date of Preliminary Plat (attached in Exhibit A): August 9, 2006 2. Date of Landscape Plan (attached in Exhibit A): August 7, 2006 g. Applicant's Statement/Justification: We are requesting a zoning of R.8, which is in general compliance with the existing Meridian Comprehensive Plan designation of Medium Density Residential. The proposed residential net density is 6.41 dwelling units per acre, which complies with the City's designation of Medium Density Residential requirement of eight dwelling units per acre. Sewer and water facilities are available for connection within the Landing Subdivision No. 7 to the south and South Linder Road to the west. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 18, 2006, and October 2, 2006 d. Radius notices mailed to properties within 300 feet on: September 8, 2006 Nursery Subdivision AZ-06-038, PP-06-036 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 e. Applicant posted notice on site by: September 25,2006 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential and Nursery b. Description of Character of Surrounding Area: To the north, east, and south of this proposed subdivision are various phases of the Landing Subdivision zoned R-4. To the southwest is an existing rural residence that also has R -4 zoning. To the west are various rural residences one of which has an R-4 zoning designation. c. Adjacent Land Use and Zoning: 1. North: The Landing Subdivision, zoned RA 2. East: The Landing Subdivision, zoned R-4 3. South: The Landing Subdivision, zoned R-4 4. West: Rural Residential, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There currently exists a sewer main in S. Linder Road. Location of water: There currently exist water mains in S. Linder Road and in S. Tylee Way. Issues or concerns: 1.) Usability of the irrigation easement for each individual lot. 2.) Redundancy for the water system. 3.) Possibility for lift station upgrades. 4.) Placing the storm drainage facilities within an easement on a buildable severely hampers the future lot owner's ability to use that ground encumbered by the easement. 2. Vegetation: N/ A 3. Floodplain: N/ A 4. Cana1s/Ditches/hrigation: The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 5.59 acres f. Subdivision Plat Information: 1. Residential Lots: 25 2. Non-residential Lots: 0 3. Total Building Lots: 25 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 29 Nursery Subdivision AZ-06-038, PP-06-036 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 7. Open Lots: 0 8. Residential Area: 5.59 acres 9. Gross Density: 5.06 units per acre 10. Lot Sizes: Lot sizes range from approximately 6,000 square feet to 9,534 square feet with one large lot of 13,005 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Linder Road 2. Width ofbuffer(s) between land uses: N/A. 3. Percentage of site as open space: 0.33 acres (5.97%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. (Note: lfthe micro path is above a sewer or water line no trees shall be required) h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family dwellings. 1. Surmnary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, South Tylee Way, provided from The Landing Subdivision. The Landing Subdivision currently has approved direct access from Linder Road. One stub street will be provided to the 2.27 acre parcel to the southwest that currently contains an existing home. 7. COMMENTS MEETING On September 15,2006, Planning Staff held 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 This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 25 residential building lots on 5.59 acres for a gross density of 5.06 dwelling units/acre. 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 VII, 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. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 · 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. · 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 constrnction and reconstrnction 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. Staff is supportive of the proposed pedestrian connection to Linder Road via the proposed micropath, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with the Landing Subdivision. · 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 land use. Staff finds that the surrounding developments, all single-family dwellings, are compatible with the applicant's proposal. · Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. All of the adjacent properties are currently zoned R-4. Staff finds that the requested zoning designation is generally Nursery Subdivision AZ-06-038, PP-06-036 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 consistent with the Comprehensive Plan designation, and provides some variety of zoning in this area. · Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to extend one existing stub street from the south and construct another stub street to the underdeveloped parcel to the southwest. Staff believes that the applicant's proposal will enhance connectivity and traffic flow in this area. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Pennitted Use in the R-8 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 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. Common driveways (Lots 4 and 5 Block 1, see note 12 on Plat): UDC 11-6C-3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation Nursery Subdivision AZ-06-038, PP-06-036 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, and the surrounding land uses and zoning, staff believes that the requested R-S 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 (prepared on June 15, 2006, by James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Landscaping;: The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: . The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12. (Note: Micro paths above sewer or water lines are not required to have trees) · Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. . Per UDC 11-3B-IO, the applicant should work with the City ATbonst, 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. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the [mal plat application(s). Lot Size/Building Envelope: Lot 1, Block 2 and Lot 7, Block 2 are irregular in shape. Due to required setbacks and the 20 foot irrigation easement that runs along the southern boundary of this project these lots will contain building envelopes of questionable size and shape. Staff recognizes the design constraints on this entire parcel but feels that the applicant should provide, at the public hearing, some assurance that these are viable lots (e.g. - an exhibit showing how structures could be situated on these lots, and what size footprint is available on these lots). Storm Drain Lot: Staff is concerned about the storm drain lot/common area (Lot 18, Block 1) behind Lot 20, Block 1. As proposed the only access to this storm drain lot is through an easement across Lot 20, Block 1, which is a single-family buildable lot. Staff is not supportive of encumbering a single-family lot with an access easement for ACED. Further, ACHD standards (Section 8009-1-2) will not allow the storm water pipe and sand and grease trap to be placed in a buildable lot as proposed. Due to this requirement ACHD will require the proposed easement access to be placed within the common Lot Nursery Subdivision AZ-06-038, PP-06-036 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 18, which will reduce Lot 20, Block 1 in size by more than 900 square feet. TItis size reduction will bring Lot 20 below the 5,000 square foot minimum that is required in the R-8 zone. Staff recommends that this area of the plat be redesigned to accommodate these required changes. (see Public Works condition 2.2, in Exhibit B) The applicant has submitted a proposal to redesie:n this area which adeQuately addresses the concerns raised above. TeD full-size and ODe 8.5" x 11" copy. as well as new PDF and ip!! copies of a revised preliminary plat that incorporates the proposed redesieD should be submitted to Staff at least ten days prior to the City Council hearin!! for this proiect. Additional Right-of-Way: ACHD is requiring an additional 18 feet of right-of-way to be dedicated along Linder Road. This will have a significant effect on the location of the required 25 foot landscape buffer along Linder Road, and Lots 18 and 20, Block 1. The applicant should be required to redesign this area of the plat to show the additional right- of-way and new location of the landscape buffer. NOTE: This change and the change required in the Storm Drain Lot analysis above, may result in the loss of Lot 20, Block 1. The applicant has submitted a proposal to redesien this area which adequately addresses the concerns raised above. Further. the applicant has retained Lot 20. Block 1. but it has been reduced in size from 5.546 SQuare feet to 5.097 SQuare feet. Ten full-size and one 8.5" x 11" copy. as well as new PDF and ipe copies of a revised preliminanr plat that incorporates the proposed redesieD should be submitted to Staff at least ten days prior to the City Council hearin!! for this proiect. Irrigation Easement: An existing 20 foot wide easement in favor of the Nampa Meridian Irrigation district runs along the southern boundary of this project. This easement affects eight buildable lots (Lots 1-7, Block 2 and Lot 1, Block 1). In a letter dated August 15, 2006 the Nampa Meridian Irrigation District stated that "this easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable." (See Exhibit B for all ofNMID's requirements.) As proposed, the applicant shows each of the above mentioned lots with a portion of this easement in the rear yard. Staff will allow this layout, provided the Applicant is able to obtain a license agreement from the irrigation district to construct fencing and some landscaping within this easement. If the license agreement is not obtained, and the plat is approved as proposed, the future homeowners will be unable to fence-off their property into the easement area, and each homeowner will be responsible to maintain the easement area that is part of their property. Further, the future homeowners will be paying taxes on property that they can not customize as their own. To avoid this staff recommends that this easement area be placed into a common lot if a license agreement is not obtained. As a common lot the easement area would be maintained by the home owners association rather than separate property owners. NOTE: If said license agreement is not obtained, some of the proposed lot lines may need to be adjusted to meet the minimum 5,000 square foot lot size minimum of the R-8 zone. (see Public Works condition 2.1 and the Planning Department's condition in Exhibit B) In a letter dated November 8. 2006 the Nampa and Meridian Irrieation District (NMID) stated that. after preliminary review. they believed that "a fence placed fifteen feet from the Kennedy Lateral... would be acceptable." The main reason that this proiect was continued was because the Commission wanted to know whether or not a license aereement could be obtained for this area. It appears that a license ae:reement may be obtained. but it does not appear that NMID will allow fences to encroach verV far into the existine: easement. This letter from NMID does not fundamentally chan!!e Staffs analysis above. and it also does not fully answer the question raised by the Commission. Staff Nursery Subdivision AZ-06-038, PP-06-036 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 still believes that anv part of the said irrie:ation easement that does not have a si2ned license ae:reement should be placed in a common lot to be maintained bv the home owners association. Staff has updated the Condition below. Corrunon Areas: Maintenance of all corrunon areas should be the responsibility of the Nursery Subdivision Homeowners Association. Stub Streets: The applicant should be required to provide a public stub street to Parcel #S1213233965, the Calhoun property, as proposed. Corrunon Drive: The conunon drive proposed for Lots 4 and 5, Block 1 should be design in accordance with UDC 11~6C-3D. Existin!l: Residences/Buildin!l:s: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings should be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Emer!l:ency Vehicle Turnaround: The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant should work with the Fire Department to ensure that the cul- de-sac meets Fire Department standards. Fencinl!: No fencing is shown on the preliminary plat or landscape plan. 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. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing adjacent to all micro pathways and conunon areas is also required; this fencing should be constructed as six foot open vision or four foot solid. All fencing shall be installed in accordance with UDC 11-3A-7. Pressure Irri!l:ation: 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 conunon 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. 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. The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. Nursery Subdivision AZ~06~038, PP~06~036 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ~06-038 and PP.06-036 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subiect to the conditions listed in Exhibit B. 11. EXamITS A. Drawings 1. Preliminary Plat (Dated: August 9, 2006) 2. Landscape Plan (Dated: August 7, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Nampa/Meridian Irrigation District 9. Central District Health Department C. Legal Description D. Required Findings from Zoning Ordinance Nursery Subdivision AZ-06-038, PP-06-036 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 A. Drawings 1. Preliminary Plat (Dated: August 9, 2006) BIB Iii HS ! !, II ~ ~ ~ ~ Ii I I E I j n H II; q ! i I Ii I,IB H : Jd~ I i h U ,n ~t ~H , ~II It +f~' IIII,?+ I I'. ~I~"f ' '1Iell" -I~~ I b~ , I I ij f ' I I I ~ I I II ",.~; I i \ \ f: : 1m ti 1 l ; I ji;, ii Jii ~ ! II ~ !I C> ~ -., ~~ .r~ ei ~ i-I~ '"' - Iii == 0 ~~ i ~"'""" I~ ~f -d ~'o ~ I --, I~ ll! ~, :> It ::4 :z ". - ~ ~ ~ ~ ~ ISI^3~ I I I ---'--- / / / , / '/ i' miS- ' " , \. 1\ . ~..c;,' I,ii! 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I" ; i : glii~! i~j8 ~ ~~i!~i ~ i ~ ,~~.~. i:~~! ~~a~-~ i I " !.,~;~ ~;~g ~ .~~~!~ t!' ~ "r;. .:::8,,! ~ ~ III · I ~'!;'P:'~ .~ ~~'~i~j. i ~ ~[I~~.':I!~ r:. "::J ..~..,.. ~ ; . 1 ;t.m i.h d . .. ... c Z" to 0'\... '" I >- '" iE "" ~ '" ~ ~ ~ s ~ ;.. . ~ ~ ! ~ ~ I ~ { II 2 ~ '" "" ~ ('j o ~ Z is !i ~g 1LJ ~ ~ Il:: ~i '!t.l:.r:. 8 II IS ~~~:~ ~g~~;. . ----' ~ I e ~ ~ ~~:~~~Ho;;~~~~~s~ I--- ~ R R ~ ~ 8;l<~~~u.~<a~t.<E l ~ ~ Ii ~ ~ ;i II i II e' 8 ~, ; DO ~ e . ~""'I ( r.,..J. ,'':' '.' \, tj \ , '--1) ,_/ /;30NIl 'S CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on June 15,2006, by James I Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by IJ. Howard Engineers, dated August 9, 2006, is approved, with the conditions listed herein. All comments and any provisions of the accompanying Annexation and Zoning application (AZ-06-038) shall also be considered conditions of the Preliminary Plat (PP-06-036). 1.2.2 The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: . The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11- 3B-12. (Note: Landscaping adjacent to micro paths above sewer or water lines are not required to have trees, but shall be landscaped with grass and other Public Works allowed landscape materials.) . Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. . Add the requirement for a 25-foot wide landscape buffer along Linder, EXCLUSIVE of ROW. . Per UDC ll-3B-10, the applicant shall 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 shall 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. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 The storm drain easement encroaching on Lot 20, Block 1 shall be placed into a common lot (or included within the boundaries of Lot 18, Block 1, which is also a common lot) and maintained by the Nursery Subdivision Homeowners Association. Lot 20, Block 1, and all buildable lots shall be designed to meet the minimum lot size requirements in the R-8 zone. 1.2.4 Prior to submittal of the final plat application the applicant shall be required to redesign Lots 18- 20, Block 1 to reflect the additional right-of-way required by ACHD for Linder Road, and the new location of the required 25-foot wide landscape buffer. All dimensional standards, open space requirements, landscaping requirements, or any other standards contained in the UDC shall apply to the redesigned plat. NOTE: This may result in the loss of one buildable lot in this area. Submit ten full-size copies. one 8.5" x 11" copy and a ip!! and PDF COpy of a revised prelimiuary plat to the Plannine: Department a minimum of ten days prior to the City Council hearine:. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 1.2.5 1.2.6 1.2.7 1.2.8 1.2.9 1.2.10 1.2.11 1.2.12 1.3 1.3.1 1.3.2 1.3.3 Exhibit B Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District which allows the individual lots on the south side of this plat to fence and landscape to their south property line. H the applicant can not obtain said license aereement. or can only obtain a license aereement to encroach into a portion of the easement. the plat shall be revised to include any easement area. without a siened license a2reement. within a common lot to be owned and maintained by the BOA. All buildable lots must comply with the minimum dimensional standards of the UDe. Maintenance of all common areas shall be the responsibility of the Nursery Subdivision Homeowners Association. Provide a public stub street to Parcel #51213233965, the Calhoun property, as proposed. The common drive proposed for Lots 4, and 5, Block 1 shall be designed in accordance with UDC 11-6C-3D. Lots 4 and 5, Block 1 shall maintain at least 15 feet of public street frontage (flag) and the common driveway easement shall be depicted and explained on the face of the final plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11-6C-3D7, depict the required setbacks, building envelopes, and orientation of the lots and structures on Lots 4 and 5, Block 1, on the face of the final plat. In accordance with UDC 11-3C-6, provide each single- family detached dwelling with a two-car garage and a 20' x 20' parking pad between the garage face and the common driveway (the asphalt for the common driveway shall not count towards the required parking pad area.) 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. The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant shall work with the Fire Department to ensure that the cul-de-sac meets Fire Department standards. Fencing adjacent to all micro pathways and common areas shall be constructed as six foot open vision or four foot solid fencing. All fencing shall be installed in accordance with UDC 11-3A-7. 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 Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. GENERAL REQUIREMENTS-PRELIMINARY PLAT Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-l1. 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 cOlUlection 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 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.4 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 final 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. 1.3.5 The applicant shall submit a fencing plan with the [mal 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. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 There is a 20-foot wide Nampa and Meridian Irrigation District easement shown on the southerly boundary of this development. Prior to [mal plat signature the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District allowing the individual lots to fence to their property line. OR revise the plat to include that easement in a common lot to be owned and maintained by the HOA. lfthe latter of the two is chosen, all lots must still comply with the minimum dimensional standards of the UDC and the plat must still be in substantial compliance as determined by the Planning Director. 2.2 The applicant shall include the storm drain easement on Lot 20 Block 1 into a common lot per ACHD policy 8009.1.2 which specifically requires all stormwater facilities to be located within the right-of-way or a common lot. 2.3 Sanitary sewer setvice to this development is being proposed via extension of mains that flow to the Landing Lift: Station. The applicant shall be responsible for any upgrades to the lift: station that are deemed necessary by the City Engineer. 2.4 The applicant shall be required to wait till the Black Cat Trunk connects to the Glacier Spring Diversion Manhole or install an "Off-peak pumping Station" in a location coordinated with the Public Works Department. The stations design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system, and odor control. This condition may be rescinded by the City Engineer if new information arises from ongoing modeling exercises or other subsequent sources. 2.5 The applicant shall install all 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 2.6 A 14-foot wide all weather access road shall be required to all manholes not located within the right-of-way. The applicant shall be responsible to coordinate with the Planning Department to comply with this condition and meet all landscaping ordinances/requirements. 2. 7 Water service to this site is being proposed via extension of mains in Tylee Way. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.8 The City Engineer has detennined that due to the number oflots on this site a second water cOlmection shall be required. This cOlU1ection can be by enlarging the common lot that contains the sewer main and installing the water main in the common lot; or by acquiring an easement through the property to the south and connecting to S. Linder Road. 2.9 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. 2.10 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). 2.11 The applicant has indicated that the Homeowner's association will own and operate the pressure irrigation system in this proposed development. Since 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 proj ect. 2.12 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaHound 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 fmal plat by the City Engineer. 2.13 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 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. 2.15 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. 2.16 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.17 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 pennits. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 2.18 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. 2.19 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. 2.20 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. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. 2.24 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. 2.25 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. 2.26 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 ofthe crawl spaces of homes is at least I-foot above. 2.27 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 fITe hydrants, and no further than 400' distance in between locations. Final 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 3.1 One and two family dwellings will require a fire-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 An emergency vehicle turnaround is required at the tenninus of Katsura Street. The turnaround shall be designed in accordance with fire department standards. 3.3 Acceptance of the water supply for fITe protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.4 Final Approval of the fITe hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 12" outlet face the main street or parking lot aisle. b. The 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 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 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 lFC 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 proj ect. 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table D103.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Due to the 1,100 foot block length, parking shall be limited to one side. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 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 ftre 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 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). 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). 4. POLICE DEPARTMENT 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The shrubbery along the micro-pathways shall not exceed two feet in height at maturity. 5. P ARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-I0) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Dedicate 4S-feet of right-of-way from the centerline of Linder Road, an additional IS-feet. ACHD will purchase the additional right-of-way to be dedicated and will not compensate for the existing right-of-way. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building pennit (or other required pennits), whichever occurs first. 7.1.2 Construct a 36-foot street section within 50-feet of right-of-way complete with curb, gutter and 5- foot attached concrete sidewalk for Katsura Street. 7.1.3 Construct a standard cul-de-sac turnaround at the terminus of Katsura Street. Construct curb, gutter and sidewalk around the perimeter of the cul-de-sac except for the stub street location. 7.1.4 Extend a stub street into the site from the south, South Tylee Way, located approximately 200- feet west of the east property line (measured property line to centerline). Construct a 36-foot street section within 50-feet of right-of~way complete with curb, gutter and 5-foot attached concrete sidewalk for South Tylee Way. 7.1.5 Construct a stub street to the south, Katsura Street, located approximately 130-feet east of the west property line (measured property line to centerline). This stub street shall align with and connect to a future street to the south of the subject site. 7.1.6 Linder Road is classified as an arterial roadway: all access points to Linder Road will be closed: direct lot access to Linder Road is prohibited and should be noted on the final plat. The applicant is required to close all existing access to Linder Road (including lot 20) and access the internal public streets. 7.1.7 Comply with all Standard Conditions of Approval. 7.2 GENERAL REQUIREMENTS 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 hlterim 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 he in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 16, 2006 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 ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions ofthis approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 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 subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. NAMP A/MERIDIAN IRRIGATION DISTRICT 8.1 A land use change application must be filed, for review, prior to final platting. 8.2 All laterals and waste ways must be protected. 8.3 The District's Kennedy Lateral courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. 8.4 All municipal surface drainage must be retained on site. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 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. 9.3 Roo-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF JULY 20,2006 c. Legal Description ANNEXA TION DESCRJPTION FOR PROPOSED NURSERY SUBDIVISION A parcel of land lying in the NWl/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the NW Corner of said Section 13, said Brass Cap bears N.00oOO'35"W. 2657.33 feet (formerly 2657.54 feet) from a 5/8 inch rebar marking the Wl/4 Corner of said Section 13; thence S.00000'35"E. 1862.31 feet (formerly 1862,19 feet) along the West line of the said NWl/4 of Section 13 and along the centerline of S. Linder Road to a point marking the SW Corner of The Landing Subdivision No.2, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence S.89049'00"E. 30.00 feet along the south boundary of The Landing Subdivision No.2 to a point lying on the east right of way of said S. Linder Road, Thence continuing S.89049'00"E. 960.16 feet along the south boundaries of The Landing Subdivision No.2 and The Landing Subdivision No, 3 to a point lying on the westerly boundary of The Landing Subdivision No.4; Thence S.00oOO'35"E. 381.34 feet (formerly 3 79,61 feet) along the said westerly boundary of The Landing Subdivision No.4 to a point lying on the northerly boundary of The Landing Subdivision No.7, and lying on the centerline of the Kennedy Lateral; Thence along the said centerline of the Kermedy Lateral the following courses and distances: N.60043'1O"W. 164.27 feet (formerly 164.23 feet) along the said northerly boundary of The Landing Subdivision No.7 to a point; Thence N.8l o30'40"W. 597.88 feet, a portion of this distance being along the said northerly boundary of The Landing Subdivision No.7, to a point; Thence N. 77014 '25"W. 98.02 feet to a point; Thence N.56005' 40"W. 156.62 feet to a point lying on the said east right of way of S, Linder Road; Thence continuing N .56"05' 40"W. 36.15 feet to a point lying on the said West line of the NWI/4 of Section 13 and lying on the said centerline of S. Linder Road; Nursery Sub ANNEXA liON d"criplioll 0614061mlll.doc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006 Thence leaving the said centerline ofthe Kennedy Lateral, N.00oOO'35"W. 86.73 feet (formerly 87.42 feet and 85.34 feet) along the said West line of the NWl/4 of Section 13 and along the said centerline of8. Linder Road to the POINT OF BEGINNING. Said parcel contains 5.59 acres, more or less, and is subject to all existing easements and right-of-ways of record or implied. e~~'~ROVAL , ME.RIDIAN PUBLIC WORKS DEP1, Nursery S~lb ANNEXATION description U614061mn1.doc Exhibit C CITY OF MERIDIAN PLANNINGDEPARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006 :;; .., ~ Il! ~ z ~ Sl ~ ~~ li ~ I - I ~ <l - ~,o I I ~ I 0 ...., ; 54 IS ~~ "-'1\ ~i "0 :i~ .. N 4 I * ~rim)-:s._ S-. I.~" ~ CMRl H!GNfl OS 1- IIOISWGaO< S'lI.YlS3 lI<<US31Il4Il .. Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at tbe public bearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 1. Tbe map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subject property to RA8. Staff 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 this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff fmds that single-family residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff fmds 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 determining 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, Staff finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest ofthe City (UDC 1l-SB-3.E). Staff finds that all essential services 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; and this is a logical expansion of the City limits. In accordance with the fmdings listed above, staff fmds that Annexation and Zoning of this property to R -8 would be in the best interest of the City. 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: 1. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006 recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details. ) 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 own cost, staff fmds 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 Exhibit B, Agency Conunents and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff 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 considers road safety issues in their analysis. Staff reconunends 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 environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, staff 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. Staffreconunends 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 staffis unaware. Exhibit D Meridian Planning & Zoning November 2, 2006 Page 17 of 53 MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 7: Item 8: Public Hearing: AZ 06-046 Request for Annexation and Zoning of 21.7 acres from RUT to an R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: Public Hearing: PP 06-048 Request for Preliminary Plat approval of 61 single-family residential lots and 6 common lots on 21.7 acres in a proposed R-4 zone for Harcourt Subdivision by Great Sky, Inc. - 3465 & 3595 E. Victory Road and 3432 & 3467 E. Falcon Drive: Rohm: I'd like to open the Public Hearing for AZ 06-046 and PP 06-048, both items related to Harcourt Subdivision, for the sole purpose of continuing them to the regularly scheduled meeting of December 21st, 2006. Moe: So moved. Zaremba: Second. Rohm: It's been moved and seconded to forward -- or to continue Items AZ 06-046 and PP 06-048 to the regularly scheduled meeting of December 21 st, 2006. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: FOUR AYES. ONE ABSENT. Rohm: There were a number of people that came in after we opened our meeting tonight and there is another project that is to be continued tonight and that's the Una Mas Day Care, CUP 06-033, and it's going to be continued to 11/16. And the Spurwing Patio Home Subdivision has already been continued to 11/16. So, if any of you have come in to hear those items, they will not be heard tonight. Oh, and the Lochsa Falls project, RZ 06-008 and MCU 06-002, are to be continued to December 21 st, 2006, as well. So, if any of you came in after we opened the meeting, those have all been continued. Item 9: Item 10: Continued Public Hearing from October 5, 2006: AZ 06-038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 S. Linder Road: Continued Public Hearing from October 5, 2006: PP 06-036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors - 570 S. Linder Road: Meridian Planning & Zoning November 2, 2006 Page 18 of 53 Rohm: Okay. Let's see. Where am I? Okay. At this time I'd like to open the Public Hearing on AZ 06-038 and PP 06-036, both items related to Nursery Subdivision and begin with the staff report. Lucas: Thank you, Chairman Rohm, Commissioners. This project is located on the east side of Linder Road, approximately 1,900 feet south of the intersection of Linder and Franklin Road. Right here on the screen. The application includes a request for annexation and zoning of 5.59 acres from RUT, which is an Ada county designation, to R-8, medium density residential within the City of Meridian and preliminary plat approval of 25 single family residential lots and four common lots. Just to give some context of what's going on out there, the project is almost completely surrounded by The Landing Subdivision, which is zoned R-4, which is, basically, all of this area around here. To the south there is one larger parcel that contains a single family home that is zoned R-4, but hasn't been developed yet within the -- hasn't been -- no new buildings have been constructed since that zoning occurred. And to the -- to the west there are various rural residential properties in the county and also some -- some city land that is zoned also R-4. We will move onto the aerial photograph. This just gives another view of what's going on in the area. As you can see, this property is almost completely surrounded by houses, except for this area over here. The preliminary plat request consists of 25 single family residential building lots and four common lots. The total gross density of the project is 5.06 dwelling units per acre as proposed. The access to the development will be from an existing stub street, which has been extended from The Landing Subdivision, which is called South Kilee Way and The Landing Subdivision currently has direct access from Linder Road. And one stub street will be provided to the parcel to the -- to the 2.27 acre parcel to the southwest that currently contains an existing home. This is the stub street right here and this is the stub street that is going to be extended -- or proposed to be extended. Another feature on this site is the Kennedy Lateral, a Nampa- Meridian Irrigation District facility, runs along the southern boundary of the site through here. The lateral is piped up to the edge of The Landing Subdivision and, then, is uncovered up until it gets to Linder Road and the applicant is proposing to cover that through the subdivision. The Comprehensive Plan designation for this site is medium density residential and the proposal is generally -- generally complies with the Comprehensive Plan. We can take a look at the -- the landscape plan. As you can see here, the common lots proposed -- there is one common open area here. There is the storm drainage lot proposed here. This is the required buffer. And those are, basically, the common lots that have been proposed for this -- for this site. There are a few issues that came as staff took a look at this project and I will go through those one by one just, so they are made clear. Staff is concerned about the storm drain lot. Actually, I think I even have a blow up. What I'm looking at -- and we will go back to the plat. This area of the plat is kind of confusing. There is a lot going on there. So, I did a little bit of a blow up, which can be seen on this sheet, which shows that this is the northwest corner of the plat. This is the cul-de-sac. This is shows the storm drain lot. This storm drain lot, which is located behind Lot 20, Block 1, has an access point that runs up through here and this access point has been placed in an easement on Lot 20, Block 1. Staff is not supportive of encumbering this single family lot with an easement that basically makes this part of the lot unusable for ,that homeowner. Also, ACHD has a policy that -- it didn't Meridian Planning & Zoning November 2, 2006 Page 19 of 53 necessarily come out in the conditions that they included with this report, because they only do a cursory review, we call it, of the street section. But in their design when they do the design of the storm drain facilities and when it gets farther along in the process, ACHD does have a policy, which is outlined in the staff report, that doesn't allow these storm drain facilities to be included within residential building lots. So, staff is not supportive of having this easement be placed on this Lot 20, Block 1, and staff recommends that it be placed into a common lot, so that there would be a common access to the storm drain lot in that area. The second requirement -- ACHD -- and it calls out in the staff report -- is requiring an additional 18 feet of right of way to be included with this project and when that additional 18 feet is included, it basically shifts everything a little bit to the east. The required landscape buffer will have to shift and that will also decrease the size of this Lot 20, Block 1, significantly. So, basically, what I'm saying is these two things -- requiring this to be in a common lot and shifting over this -- the landscape buffer, will reduce Lot 20, Block 1, well below the minimum lot size standard for the R-8 and staff recommends that this area be redesigned to meet all of the UDC standards, which currently it appears that it does not. The final thing I'd like to point out is the existing 20 foot wide easement in favor of the Nampa-Meridian Irrigation District that runs along the southern boundary of the project. As proposed, each of the lots basically shares a portion of that easement or the lot line runs all the way back to the far edge of the easement and includes that easement in the rear yard of these lots. While that, inherently, is not a problem, it can be a problem if, indeed, the applicant is unable to get a license agreement from Nampa-Meridian Irrigation District allowing those homeowners to fence all the way back to their rear property lines. If that license agreement can't be obtained, basically, that area becomes kind of a no man's land where the property owners can't fence it and they would -- as what happened in the past, would basically extend along the easement line and own this piece of property behind their fence, that they would be responsible to pay taxes on and maintain. And it's just not seen as a favorable situation. If, indeed, this area can't -- if, indeed, the applicant cannot get a license agreement from Nampa-Meridian, staff recommends that that area be placed into a common lot, where the burden of that -- of that maintenance and everything of that area is placed upon the entire subdivision, rather than each of those individual homeowners who happen to purchase that lot in the future. I think those are all the things that staff would like to bring up at this time and I stand for any questions. Rohm: Back to that Lot 20. If, in fact, you put a common lot to cover the easement area, can you -- if you were to eliminate the lot all together and just make that one large common lot, can you have an easement within a common lot and have that just one unit? Lucas: Absolutely. That would be the -- the preference would be to have it placed in a common lot, because, then, ACHD, when they come to maintain these facilities, isn't crossing over any specific homeowner's property, they are crossing over the homeowner's association property, which is favorable to them. So, the answer would be yes, Chairman. Meridian Planning & Zoning November 2. 2006 Page 20 of 53 Rohm: Okay. Thank you. Zaremba: Mr. Chairman? Rohm: Commissioner Zaremba. Zaremba: Just a comment and if you would go to the slide that follows this one. Thank you. The Nampa-Meridian easement that you have talked about as currently being depicted where each property owner has part of it, we have an example of that, which, in my opinion, supports staff's statement that it should not be as presented and that is along Cherry Lane on the north side of it, between Ten Mile and -- not as far as Black Cat, but Interlochen, maybe. The situation is the same. The people whose houses back up to Cherry Lane actually own to the right of way. However, there is a Nampa-Meridian Irrigation pipe underneath that ground and an easement over the top of it, they can't fence it, so all of them have built a fence along the north side of the easement and even though they own more property than it appears that they own, that area is not being maintained by anybody. The homeowners don't go out there and take care of it. Nampa-Meridian doesn't feel it's their responsibility. Our parks department doesn't feel it's their responsibility and I'm speaking in support of staff's request to make this a separate piece of property that is maintained by the homeowners association, everybody knows that -- where they could put their fence, which is not across this and I think that's a good call on staff's part. Rohm: Commissioner Zaremba, would you be in support of the project as proposed if, in fact, they can obtain a license agreement with Nampa-Meridian and build the fence right up to the edge of the property and, then, it will be fully maintained by the property owners, as opposed to a common lot, if they can obtain a license agreement? Borup: If it can be attained I could support that one subject before I commit on the whole. I'd like to hear the presentation -- Rohm: Oh. Okay. Zaremba: -- and the public testimony. Rohm: Yeah. Okay. Thank you. And that might be a good segway into the next part of this. Would the applicant like to come forward and give their presentation. Reliford: Kurt Reliford, J.J. Howard Engineers. I'm representing Gary Fors. One thing I would like to note about this easement here that we are talking about, The Landing No. 7 Subdivision has an easement on the same magnitude on their north boundary. They have a fence along that common line there. They have a license agreement as well. So, I have dealt with this situation many times. I see no need that we would not obtain a license agreement in this instance. I mean it's just not common for them to give one guy one and another guy not, so I don't see an issue with that. As far as Lot 20 goes, I knew about this going into the hearing. What we would probably propose is to eliminate the Meridian Planning & Zoning November 2, 2006 Page 21 of 53 easement for the storm drain. We are proposing to put the sewer along that same easement in Nampa-Meridian's easement for the City of Meridian. We could put our storm drain adjacent to the sewer and, then, into -- through the common Lot 19 and, then, back into the storm drain system and, then, we would lose that 18 feet and move our buffer over, but, then, we would get that 20 feet back on that lot. So, there might be some designs that could be worked into that lot, if not and it has to become a common lot, then, I guess that's the way it is. Rohm: It appears as if you understand the issue. Reliford: Oh, yeah. Definitely. Rohm: Okay. And if, in fact, you can move things in such a manner to maintain enough square footage within that lot, then, working with staff seems to be in order, but if not, then -- Reliford: Then, we'd have to come in with some resolve. We understand that. Yeah. Rohm: Okay. Reliford: Any questions? Rohm: Anything else on the subdivision as a whole that you would like to present or are you satisfied with the staff report as -- Reliford: Yeah. Pretty much it. Rohm: Okay. Okay. Reliford: I didn't see anything unusual or out of the ordinary than any other subdivision, so -- Rohm: Okay. Good. Thank you. Any questions of this applicant? Thank you. Reliford: You bet. Rohm: There has not been anybody that has signed up to speak to this application, but if you would like to now is the time to come forward and say your name and address for the record once you come forward, please. Buisman: Good evening, Commissioners. My name is Julie Buisman. Sorry. B, as in boy, u-i-s-m-a-n. And I currently live in The Landing Subdivision. I actually reside on 1287 West Gandor Drive. I just have one main concern with this subdivision and that would be the main access -- actually, the only access being through our subdivision through The Landing. If you could go back to the main map that shows the access road through Kilee, how you access that is through Gandor up to I believe Otter and Waltman Meridian Planning & Zoning November 2. 2006 Page 22 of 53 and, then, through Kilee. There are three main roads right now into The Landings Subdivision and it is I think -- I believe it's got a 200 plus home subdivision, so you can imagine those roads are, you know, fairly well trafficked right now. My concern is with the addition of 25 homes accessing Gandor, each home having two cars, that's an extra -- that's an additional one hundred trips a day if each car makes one trip back and forth on that road. And that is a main road for children accessing the elementary school, which is just right across Linder on the west side. So, I would just ask that perhaps you address the issue, with that being the only access. It is an usual situation, I believe, with The Landing surrounding that subdivision and I would ask you to consider perhaps making an additional access to that subdivision or making Gandor not being the only access. That's alii have. Thank you. Rohm: The only thing I would say to that is at the time that The Landing Subdivision was built that cross-access agreement or the stub street was put there specifically with the intent to serve that adjacent property and -- and that's the requirement that we try to make on every single development in a residential perspective as they come through is so that we minimize that number of ingress and egress to the main arteries and build out just as this is designed and I can certainly understand your concerns, but at the time that that was -- your subdivision was built, it was built with the intent of servicing that adjacent property. Just information for you. Any anybody else like to speak to this application? Okay. Any additional questions of staff or any comments by Commission members? Zaremba: Mr. Chairman, comments, not really questions. Assuming that the easement problem can be worked out and I'm happy to have it go either way, you either get the permission from Nampa-Meridian for each property to fence it all the way to the end of the easement or they put it in a separate common lot, one way or the other, I think. I don't want to end up with fences along the north end of the easement, but whichever way it can be worked out is fine with me. I think adding a variety of housing in this area is a good idea. If this project were standing on its own I would be happy to support it. It, however, runs into one of my very serious bugaboos, that at what point Linder, as currently a cul-de-sac, should we stop adding residences until it connects across the interstate and there are two ways in and out of it. As a cul-de-sac it has already far more than the 50 homes that the fire department would prefer. Once you hit south of Franklin, there currently is no other way in or out of the area and we have struggled with this before. I don't know for myself where I think the straw breaks the camel's back. It's difficult to add more houses. Cole: Mr. Chair? Zaremba: Mr. Cole. Cole: Mr. Chair? Rohm: Mike Cole. Go ahead. Meridian Planning & Zoning November 2, 2006 Page 23 of 53 Cole: It might be interesting to know for Commissioner Zaremba that there is now an actual emergency access that runs out of the back of the subdivision. It's not a -- Zaremba: There is a connection that heads across, did that happen? Cole: It's goes across -- a developer has bought up the property underneath Waltman Lane, south of Waltman to Meridian Road, and has granted that easement -- gave it to ACHD -- gave them an easement. It's not platted right away yet, but it's an access easement and approved for emergency access. So, there now is the second way out. It's not a cul-de-sac anymore. Zaremba: I'm thrilled to hear that and I withdraw that objection from this and all future projects along Linder. Good. Thank you. Rohm: Okay. Commissioner Moe, do you have any final thoughts on this application? Moe: Probably not comments or -- just a couple questions. I'm kind of curious in regards to the common lot issue and whatnot. Are we wanting to move the thing forward or waiting -- Zaremba: I forgot to answer that on my part, but -- Mae: My biggest concern is is that before this goes to City Council I would like to see what they finally do to this lot. Zaremba: Well, the two things. I'd like the easement resolved -- Moe: Right. Zaremba: -- and the lot that you're talking about. Moe: Exactly. So, I guess my point is -- and I'm not -- we continue enough hearings as it is, but I guess my point is is that until I see what they do with this, I don't want to act on this tonight, other than to continue it. Zaremba: For the purpose of seeing how those two changes are made. Moe: That is correct. Yeah. I'm in favor of the project, other than the fact I want to see what is done with that. Rohm: Okay. Would the applicant like to come back up, please? Basically, its kind of the consensus of the Commission that we want to see the answers to those questions before we make any motion forwarding onto City Council. What kind of a time frame do you think you're under to obtain an answer? Meridian Planning & Zoning November 2, 2006 Page 24 of 53 Reliford: Well, certainly, I could get Nampa-Meridian to act on it within a couple days and just get me a letter saying that if they will grant us a license agreement -- and if that's all you need, that's fine. As far as figuring out that Lot 18, 19 and 20, sometime next week I could have something to you. Would it go on the Consent Agenda for -- Rohm: Okay. All right. So, within this next week you should be able to have answers to both. Okay. Let me ask staff, then. Caleb, can you tell us when you think the next opportunity to finish this out would be? Hood: Mr. Chair, Members of the Commission, I did just pull out our agendas for the upcoming couple of months. We have continued or will continue a couple items tonight to the 16th of November. I don't want to put Justin on the spot here with -- if you get something, as the applicant's testified, next week, you know, our print deadline is next Friday for the following Thursday for the 16th. The 16th looks a lot better than the December 7th, which is our next hearing. Now, this is the first time I will talk to you all about it, but there is five Thursdays in this month. I don't want to have to have another agenda for just this. If -- and I don't know the direction that you're fully going or if you want to go this way, but if you wanted just -- although we don't have a Consent Agenda necessarily for development applications that you haven't officially acted on yet, but if you want to limit the testimony to just discussing those two items, I feel confident we could probably get through it on the 16th, if Justin thinks a day or so is enough time to evaluate a revised plan if the applicant could promise to have us something by Thursday -- by next Thursday. And, like I say, we have 24 hours, anyways, a working day, to at least update the staff report and give you an updated memo or whatever. So, the 16th would -- if it's not the 16th, then, we are looking at December 21 st would be the next hearing that I would recommend. Rohm: Okay. Thanks, Caleb. Reliford: We can meet that. Rohm: Okay. Well, good, then. I think we are done. Reliford: Okay. Great. Thank you. Zaremba: Just so I understand, information to staff by the 9th would get it on the 16th; is that right? Reliford: By the 8th. Zaremba: 8th is fine. Reliford: No. The 9th. You're right. I'm sorry. A week from today. Zaremba: Okay. Meridian Planning & Zoning November 2,2006 Page 25 of 53 Hood: Next Thursday. Zaremba: Make sure we are all thinking the same thing. Rohm: Good. Thank you. Commissioner Zaremba, would you like to make a motion to -- Zaremba: Mr. Chairman, I move that we continue Items AZ 06-038 and PP 06-036 relating to Nursery Subdivision to our regularly scheduled meeting of November 16, 2006, for the purpose of reconfiguration of two years that we have talked about or a letter from Nampa-Meridian, either way and expecting it to be a short discussion. Moe: Second. Rohm: Okay. It's been moved and seconded to continue Items AZ 06-038 and PP 06- 036 to the regularly scheduled meeting of November 16th, for the sole purpose of discussing right of way issues and Lot 20. All those in favor say aye. Opposed same sign? Motion carried. Thank you. MOTION CARRIED: FOUR AYES. ONE ABSENT. Item 11: Public Hearing: CUP 06-031 Request for a Conditional Use Permit for lighted fields adjoining a residential district for Heritage Middle School by Joint School District NO.2 - 4990 N. Meridian Road: Rohm: Okay. At this time I'd like to open the Public Hearing on CUP 06-031, Heritage Middle School and begin with staff report. Watters: Thank you, Chairman Rohm, Commissioners. The application before you is a request for a Conditional Use Permit and variance for Heritage Middle School, located 4990 North Meridian Road, on the northeast corner of North Meridian Road and McMillan Road. If you look up here on the screen, we are looking at that property right there. To the north of the property is Ventana Subdivision. To the east is Saguaro Subdivision. And to the south is recently approved Solitude Subdivision. All single family residential subdivisions. Across Meridian Road there to the west is vacant commercial property, zoned C-G as part of Paramount Subdivision. The City of Meridian Parks Department is requesting that the school provide -- schools in general provide lighted ball fields for the benefit of the community to increase the number of fields available for evening sports activities. Per this request the applicant is applying for a Conditional Use Permit as required by the UDC for lighted fields adjoining and within a residential district. To minimize or alleviate the adverse impacts that this use may pose to nearby residential properties, staff has requested as a condition of approval that the ball field lights not be lit passed 11 :00 p.m. at night. Additionally, the applicant is applying for a variance from UDC 11.3A.11.C that requires light fixtures that have a maximum output of 1,800 lumens or more to have an opaque top to prevent uplighting and requires that the bulb not be visible and have a full cut-off shield. The applicant states that they Page 1 of 1 Machelle Hill '-'-~-"~__~~'~~~'___~'_'_'-:-_'____~'_'''~~~~m.''"'",~""r~&""-'.'."~"'''''~--'--'--~_''~~__.~~~_~._'___r_'__----,--,---,-,-_,_.~~~-'~-'-----~~'_~_~'.~,';''l..''~_U_;:::-:==::--_~':'''"":''';.'"::""::.~~~':--:-:~::-7:::-'';'~:':~~' I,~/ ' From: Justin Lucas ." ,..' ,,'"-- Sent: Thursday, November 09, 2006 8:43 AM To: Machelle Hill Subject: Nursery Sub Info requested by PC Attachments: PrePlat-Lots 17-20.pdf; NMID Easement Letter,pdf Nm;o~ -'.f ~, 1-'" Machelle here is some info that the PC requested from Nursery Subdivision. The updated staff report will follow. Justin Lucas --'--'''-'~''-''''-'""",,~,,~..,.~--~----~--_,,_-~--~~-~~--"-~".~.~._-"",~"~~,"~.,_._._---------------_,,,...~,~"'_'~_______'_~_,_,~__'_'~m~',"~~'__"._._~__._______~_._.~__'"""~.,~"'''~".,,,."_"_~~_________. From: Kurt Reliford [mailto:kurtr@fiberpipe.net] Sent: Wednesday, November 08, 2006 4:21 PM To: Justin Lucas Subject: RE: Nursery Justin, Attached is the layout that we came up with to resolve the lotting issues along the west as discussed at the hearing. I have spoke with John Anderson at Nampa-Meridian Irrigation District and he has informed me that we can get fencing along the canal that would result in all of the lots still being buildable and I am awaiting that letter either today or tomorrow. I will forward a copy to you as soon as I receive it. Thanks, Kurt ----~Original Message~--~- From: Justin Lucas [mailto:lucasj@meridiancity.org] Sent: Tuesday, November 07,200611:44 AM To: kurtr@fiberpipe.net Subject: Nursery Kurt, I just wanted to touch bases regarding the P&Z requirements for Nursery Sub. From what I understood they want to see the redesigned Lot 20 area showing the correct ACHD right~of.way and storm drainage. They also want a letter from NMID stating that a license agreement will be granted to allow fencing in their easement. I will need these items by no later than Thursday November 9th to include them in my updated staff report for November 16th, Let me know if you have any questions. Justin S. Lucas Associate City Planner Meridian Planning Department 660 E. Watertower Lane 208.884.5533 208.888.6854 (fax) 11/9/2006 NOV. 8.2006 6:16PM NAMPA MERIDIAN IRR . NO. 887 P.1/1 ~&~~~i46Ua '503 fiRST STREET SOUTH NAMPA, IDAHO 93651 -43~5 FAX i# 208.463.0092 S November 2006 PhQl1ss: Area Code 208 OFfiCE: NQmpCl 466-7861 SHOP: NClrnp= 466..0663 Kurt R.eIifo:d J oJ. Howard Ens. 1530 B. Commercial Ave'i Suite 109 Meridian, m 83642 RE; Nunery SubdivisloD/Proposed Enoroacbment of Nampa & Meridian Irrigation Distrle~8 Kennedy Latt!lral Dear Kurt: I am following up on Out tdephone conversation and. fu. received on today's date. Yau asked ifNampa & MeridUm Iniption District would oonsider ~hment into the easement of the Kennedy Lateral. AB I explained tlUs is just a prelim!nary diSQussion andreview. I believe that a fence placed &teen feel (1S') from the Kennedy Lal'.Iml, making a. graveled roadway for the District paraJlel to the pipeline to the approximately nortbem most twelve feet (12 '), would be aoceptable with a License ~t tor a romovable fenQo (with no other ea.ctoachmcmts within the t'Qst of the euement). However tmal permissiQt1 would not bo given until after plan roview is completed Wdng into consideration depth of pipe, other propOIle4 encroacl3ments within that area and that type of thing. Final approval would also be baaed on the District'a Board of Directon' approval with a. Lioense Agreement for the piping and enerQaobn\ent. I hope this letter sents your needs. Please foel free to contact me if you feel further diseusaion is Nquired. SinCmlY'fl~ ~Andmoo Wati:!' Superintendent Nampa & Meridian Irription District JPAldbs c: Board of:Direcro:s ScorctarYlTreuurcr J..s~ W&II6r S~,,~ Rider S File APPROXjMA'T! IRRlGABLI! ACRES IWER FlDW ~OliTS . 23.000 ?>OlS~ I'ROlecr ltIGHlS - 40.000 \..Oi \7 \..Oi 16 6 fu 5A.52 sq. ft. 6,000 sq. t\. , \..Oi 19 5.091 sq. n.. 60' 74' GI 62'- October 30,2006 MERIDIAN PLANNING & ZONING MEETING APPLICANT Gary Fors P P 06-036 November 2, 2006 ITEM NO. 10 REQUEST Continued Public Hearing from October 5,2006 - Preliminary Plat approval of 25 residential lots & 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision - 570 S. Linder Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: See AZ Packet COr1f-i n~ pJft ~2~::-Ce SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATlON: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Meridian Plannina and Zonina Meetina October 5. 2006 Meeting of the Meridian Planning and Zoning Commission of October 5, 2006, was called to order at 7:00 p.m. by Chairman Michael Rohm. Members Present: Michael Rohm, Keith Borup, Wendy Newton-Huckabay, David Zaremba, and David Moe. Others Present: Ted Baird, Tara Green, Caleb Hood, Mike Cole, Justin Lucas, and Dean Willis. Item 1: Roll-Call Attendance: Roll-call X Wendy Newton-Huckabay X Keith Borup X David Moe - Vice Chairman X David Zaremba X Michael Rohm - Chairman Rohm: Good Evening, ladies and gentlemen. At this time I'd like to open the regularly scheduled meeting of the Meridian Planning and Zoning Commission and we will begin with the roll call of attendance. Item 2: Adoption of the Agenda: Rohm: Thank you. The first item is the adoption of the agenda and there are a number of changes tonight. Page one will stay intact, but page two, for all intents and purposes, will be omitted. Item 8 for Moose Creek Subdivision, the applicant has requested their project to be withdrawn. The Nursery Subdivision will be continued to the regularly scheduled meeting of November 2nd. Danville Place Subdivision will be continued to the regularly scheduled meeting on November 16th. And Lochsa Falls Office / Commercial Addition, will be continued to November 2nd. So, those items on page two will all -- will not be heard tonight and we will only be hearing those items on page one. With that being said, could I get a motion to accept the agenda? Zaremba: So moved. Moe: Second. Rohm: It's been moved and seconded to accept the agenda as amended. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda: Meridian Planning & Zoning October 5,2006 Page 22 of 25 Borup: We are only going to Schweitzer? Zaremba: Bonding the sidewalk east of Schweitzer -- Borup: Oh. Right. Zaremba: -- and widening the roadway west of Schweitzer. Borup: That was your motion; right? Newton-Huckabay: Yes. That was my intention. Borup: Second. Rohm: Okay. It's been moved and seconded that we forward onto City Council recommending approval of AZ 06-032 and PP 06-032, to include all staff comments with the aforementioned modifications. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Item 8: Continued Public Hearing from August 31, 2006: PP 06-037 Request for Preliminary Plat approval for six single-family residential building lots and one common lot on 1.96 acres within the R-4 zone for Moose Creek Subdivision by Moose Creek Construction - 4275 N. Jones Creek Lane: Rohm: Thank you folks for coming in. Okay. At this time I'd like to open the Public Hearing of PP 06-037 solely for the purpose of accepting a withdrawal by the applicant. Zaremba: Mr. Chairman? Rohm: Commissioner Zaremba. Zaremba: I move that we accept the applicant's request to withdraw PP 06-037. Moe: Second. Rohm: It's been moved and seconded to accept the applicant's application to withdraw for Moose Creek Subdivision. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Item 9: Public Hearing: AZ 06-038 Request for Annexation and Zoning of 5.53 acres from RUT to an R-8 zone for Nursery Subdivision by Gary Fors - 570 S. Linder Road: Meridian Planning & Zoning October 5,2006 Page 23 of 25 Item 10: Public Hearing: PP 06-036 Request for Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision by Gary Fors - 570 S. Linder Road: Rohm: At this time I'd like to open the Public Hearing for AZ 06-038 and PP 06-036 for the sole purpose of continuing them to the regularly scheduled meeting of November 2nd. Zaremba: So moved. Moe: Second. Rohm: It's been moved and seconded to continue Items AZ 06-038 and PP 06-036 to the regularly scheduled meeting of November 2nd, 2006. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. Item 11: Public Hearing: RZ 06-007 Request for a Rezone of 2.28 acres from an R-4 to an R-8 zone for Danville Place Subdivision by Danville Home, LLC - 1812 & 1838 Leisure Lane: Item 12: Public Hearing: PP 06-043 Request for Preliminary Plat approval of 8 residential lots on 2.28 acres in a proposed R-8 zone for Danville Place Subdivision by Danville Home, LLC - 1812 & 1838 Leisure Lane: Rohm: At this time I'd like to open the Public Hearing for RZ 06-007 and PP 06-043, both items related to Danville Place Subdivision, for the sole purpose of continuing them to the regularly scheduled meeting of November 16th, 2006. Zaremba: So moved. Moe: So moved. Rohm: It's been moved -- Moe: Second. Zaremba: Second. Rohm: -- and seconded to continue these two items to the regularly scheduled meeting of November 16th, 2006. All those in favor say aye. Opposed same sign? Motion carried. MOTION CARRIED: ALL AYES. STAFF MEMO Planning & Zoning Conunission Hearing Date: November 2, 2006 P&Z Commission ~;;dl!!t<\ 1-' ;I ! '.'--' ./ -..;J, ~.."w..~ --~~~.L'T;~_L'~~.S""'.!};'~~..: <.:-~~;~! L).'HO TO: FROM: SUBJECT: Michael Cole, Development Services Coordinator Nursery Subdivision . AZ-06-038 Annexation and Zoning of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) . PP-06-036 Preliminary Plat of25 single.family building lots and 4 common lots on 5.59 acres in a proposed R-8 zone SUMMARY: After the staff report was generated for this application a new sewer issue was discovered in regards to this site. The mains propose to be connected to flow to the Landing Lift Station. The Landing Lift Station at this time discharges to mains that are accepting flow from development south of the freeway that were master planned to flow to the Black Cat Trunk, thereby causing some peak flow concerns. Public Works staff requests that the Corrunission add the following condition: 2.3.1 The applicant shall be required to wait till the Black Cat Trunk connects to the Glacier Spring Diversion Manhole or install an "Off-peak pumping Station" in a location coordinated with the Public Works Department. The stations design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system, and odor control. This condition may be rescinded by the City Engineer if new information arises from ongoing modeling exercises or other subsequent sources. If you have any questions please feel free to contact me at (208) 898-5500 or Colem@MeridianCitv.ofl!. OCT i: :; 20C{j CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 STAFF REPORT Hearing Date: 11/2/2006 Continued from 10-5-06 Planning & Zoning Commission ,.' cJvGrid/ln -:;.. .~ li)AHOI~' '.' f' ~t,~., / ~l.:.\- {'~... "-",(l':'~1~.t~~~_.~,/~1:.'!"""C' 1 "\';'t71 TO: FROM: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 Nursery Subdivision . AZ-06-038 Annexation and Zoning of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) . PP-06-036 Preliminary Plat of 25 single-family building lots and 4 common lots on 5.59 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Garry Fors, has applied for Annexation and Zoning (AZ) of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 25 single family residential lots and 4 common lots for Nursery Subdivision. The site is located on the east side of Linder Road approximately 1,900 feet south of Franklin Road in Section 13, Township 3 North, Range 1 West, and is currently referenced as Assessor's Parcel Number S1213233892. The subject site is within the City's Area of Impact and Urban Service Planning Area. Note: This staff report has been updated from the original staff report prepared for the 10-5-06 public hearing. Two new conditions of approval have been added (see Planning Department condition 1.2.4 and Public Works condition 2.4). SUBJECT: 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-038 and PP-06-036) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. 3. PROPOSED MOTIONS Recommend Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-06-038 and PP-06-036 as presented in the staff report for the hearing date of November 2, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-06-038 and PP-06-036 as presented during the hearing on November 2, 2006, for the following reasons: (You should state specific reasons for denial of the annexation request, you must state specific reasons for denial of the preliminary plat request.) Continuance Nurse!)' Subdivision AZ.06.038, PP-06-036 PAGEl CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06.038 and PP-06-036 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: 570 South Linder Road Section 13, T3N, Rl W b. Applicant / Owner: Gary F ors 843 Lilac Street Meridian, ill 83642 c. Representative: Jim Howard, J.J. Howard Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 5.59 acres to R-8 and Preliminary Plat approval of 25 single-family buildable lots and 4 common lots. All of the homes within the development are proposed to be single.family detached. The gross density of the project is 5.06 dwelling units per acre and the net density is 7.27 dwelling units per acre. Approximately 5.97 percent of the site is being set aside for open space. 1. Date of Preliminary Plat (attached in Exhibit A): August 9,2006 2. Date of Landscape Plan (attached in Exhibit A): August 7, 2006 g. Applicant's Statement/Justification: We are requesting a zoning of R.8, which is in general compliance with the existing Meridian Comprehensive Plan designation of Medium Density Residential. The proposed residential net density is 6.41 dwelling units per acre, which complies with the City's designation of Medium Density Residential requirement of eight dwelling units per acre. Sewer and water facilities are available for connection within the Landing Subdivision No.7 to the south and South Linder Road to the west. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 18, 2006, and October 2, 2006 d. Radius notices mailed to properties within 300 feet on: September 8, 2006 e. Applicant posted notice on site by: September 25,2006 6. LAND USE Nursery Subdivision AZ-06-038, PP-06-036 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 a. Existing Land Use(s): Rural Single Family Residential and Nursery b. Description of Character of Surrounding Area: To the north, east, and south of this proposed subdivision are various phases of the Landing Subdivision zoned RA. To the southwest is an existing rural residence that also has R-4 zoning. To the west are various rural residences one of which has an R-4 zoning designation. c. Adjacent Land Use and Zoning: I. North: The Landing Subdivision, zoned R-4 2. East: The Landing Subdivision, zoned RA 3. South: The Landing Subdivision, zoned R-4 4. West: Rural Residential, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There currently exists a sewer main in S. Linder Road. Location of water: There currently exist water mains in S. Linder Road and in S. Tylee Way. Issues or concerns: 1.) Usability of the irrigation easement for each individual lot. 2.) Redundancy for the water system. 3.) Possibility for lift station upgrades. 4.) Placing the storm drainage facilities within an easement on a buildable severely hampers the future lot owner's ability to use that ground encumbered by the easement. 2. Vegetation: N/ A 3. Floodplain: N/ A 4. Canal sID itches/Irrigation: The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 5.59 acres f. Subdivision Plat Information: 1. Residential Lots: 25 2. Non-residential Lots: 0 3. Total Building Lots: 25 4. Conunon Lots: 4 5. Other Lots: 0 6. Total Lots: 29 7. Open Lots: 0 8. Residential Area: 5.59 acres Nursery Subdivision AZ-06-038, PP-06-036 PAGE 3 CITY OF MERIDIAN PLANNING DEP AR1MENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 9. Gross Density: 5.06 units per acre 10. Lot Sizes: Lot sizes range from approximately 6,000 square feet to 9,534 square feet with one large lot of 13,005 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Linder Road 2. Width ofbuffer(s) between land uses: N/A. 3. Percentage of site as open space: 0.33 acres (5.97%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B~12. (Note: If the micro path is above a sewer or water line no trees shall be required) h. Proposed and Required Non.Residential Setbacks: As per the R-8 zone for single family dwellings. 1. Sununary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, South Ty1ee Way, provided from The Landing Subdivision. The Landing Subdivision currently has approved direct access from Linder Road. One stub street will be provided to the 2.27 acre parcel to the southwest that currently contains an existing home. 7. COMMENTS MEETING On September 15, 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 This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 25 residential building lots on 5.59 acres for a gross density of 5.06 dwelling units/acre. 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 VII, 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. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 · 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. . 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 allland.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 5 - Require pedestrian access connectors in all new development to link: subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to Linder Road via the proposed micro path, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with the Landing Subdivision. . 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 land use. Staff finds that the surrounding developments, all Single-family dwellings, are compatible with the applicant's proposal. . Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high.density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. All of the adjacent properties are currently zoned R-4. Staff finds that the requested zoning designation is generally consistent with the Comprehensive Plan designation, and provides some variety of zoning in this area. . Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 5 CITY OF MERIDIAN PLANNING DEP AR1MENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 The applicant is proposing to extend one existing stub street from the south and construct another stub street to the underdeveloped parcel to the southwest. Staff believes that the applicant's proposal will enhance connectivity and traffic flow in this area. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A.2 lists single.family developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose ofthe residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. c. Common driveways (Lots 4 and 5 Block 1, see note 12 on Plat): UDC 11-6C-3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum oftwenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or construction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, arid welfare. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, and the surrounding land uses and zoning, staff believes that the requested R.8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and [mdings for annexation. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 The annexation legal description submitted with the application (prepared on June 15, 2006, by James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and [mdings for a preliminary plat. Landscaping: The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: . The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12. (Note: Micro paths above sewer or water lines are not required to have trees) · Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. . Per UDC 11-3B-I0, 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. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Lot Size/Building Envelope: Lot I, Block 2 and Lot 7, Block 2 are irregular in shape. Due to required setbacks and the 20 foot inigation easement that runs along the southern boundary of this project these lots will contain building envelopes of questionable size and shape. Staff recognizes the design constraints on this entire parcel but feels that the applicant should provide, at the public hearing, some assurance that these are viable lots (e.g. - an exhibit showinl! how structures could be situated on these lots, and what size footprint is available on these lots). Storm Drain Lot: Staff is concerned about the storm drain lot/common area (Lot 18, Block I) behind Lot 20, Block 1. As proposed the only access to this storm drain lot is through an easement across Lot 20, Block I, which is a single-family buildable lot. Staff is not supportive of encumbering a single-family lot with an access easement for ACIID. Further, ACHD standards (Section 8009-1-2) will not allow the storm water pipe and sand and grease trap to be placed in a buildable lot as proposed. Due to this requirement ACHD will require the proposed easement access to be placed within the common Lot 18, which will reduce Lot 20, Block I in size by more than 900 square feet. This size reduction will bring Lot 20 below the 5,000 square foot minimum that is required in the R-8 zone. Staff recommends that this area of the plat be redesigned to accommodate these required changes. (see Public Works condition 2.2, in Exhibit B) Nursery Subdivision AZ-06-038, PP-06-036 PAGE 7 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 Additional Right-of-Wav: ACHD is requiring an additional 18 feet of right-of-way to be dedicated along Linder Road. This will have a significant effect on the location of the required 25 foot landscape buffer along Linder Road, and Lots 18 and 20, Block 1. The applicant should be required to redesign this area of the plat to show the additional right- of-way and new location of the landscape buffer. NOTE: This change and the change required in the Storm Drain Lot analysis above, may result in the loss of Lot 20, Block 1. hrigation Easement: An existing 20 foot wide easement in favor of the Nampa Meridian Irrigation district runs along the southern boundary of this project. This easement affects eight buildable lots (Lots 1-7, Block 2 and Lot 1, Block 1). In a letter dated August 15, 2006 the Nampa Meridian hrigation District stated that "this easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is Wlacceptable." (See Exhibit B for all ofNMID's requirements.) As proposed, the applicant shows each of the above mentioned lots with a portion of this easement in the rear yard. Staff will allow this layout, provided the Applicant is able to obtain a license agreement from the irrigation district to construct fencing and some landscaping within this easement. If the license agreement is not obtained, and the plat is approved as proposed, the future homeowners will be unable to fence-off their property into the easement area, and each homeowner will be responsible to maintain the easement area that is part of their property. Further, the future homeowners will be paying taxes on property that they can not customize as their own. To avoid this staff recommends that this easement area be placed into a common lot if a license agreement is not obtained. As a common lot the easement area would be maintained by the home owners association rather than separate property owners. NOTE: If said license agreement is not obtained, some of the proposed lot lines may need to be adjusted to meet the minimum 5,000 square foot lot size minimum of the R-8 zone. (see Public Works condition 2.1 and the Planning Department's condition in Exhibit B) Common Areas: Maintenance of all common areas should be the responsibility of the Nursery Subdivision Homeowners Association. Stub Streets: The applicant should be required to provide a public stub street to Parcel #SI213233965, the Calhoun property, as proposed. Common Drive: The common drive proposed for Lots 4 and 5, Block 1 should be design in accordance with UDC 11-6C-3D. Existing Residences/Buildings: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings should be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Emergency Vehicle Turnaround: The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant should work with the Fire Department to ensure that the cul- de-sac meets Fire Department standards. Fencing: No fencing is shown on the preliminary plat or landscape plan. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must Nursery Subdivision AZ-06-038, PP-06-036 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing adjacent to all micro pathways and common areas is also required; this fencing should be constructed as six foot open vision or four foot solid. All fencing shall be installed in accordance with UDC 11-3A-7. 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. 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. The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-038 and PP-06-036 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subject to the conditions listed in Exhibit B. 11. EXHIBITS A. Drawings 1. Preliminary Plat (Dated: August 9, 2006) 2. Landscape Plan (Dated: August 7, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. NampalMeridian Irrigation District 9. Central District Health Department c. Legal Description Nursery Subdivision AZ-06-038, PP-06-036 PAGE 9 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 D. Required Findings from Zoning Ordinance Nursery Subdivision AZ-06-038, PP-06-036 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 A. Drawings 1. Preliminary Plat (Dated: August 9, 2006) IIU ,!' n !I lili I I JIPiiSIP shin!iiinnllf I Uid,p ;!;:q g!1 If +r~"'r '111\\?+ I !: _~t~D~ I ''''Iiitf:' lf~f II I t +' II I \ I, f: : nil i ~ l ; i ji;i ii Jii dill j ~ !I & I" , ~l!! oi~ <( i"lf ,,> I~ ~ f ~~ t ~":" iijf ;f -d ~'< ~ "J sa- :di ~ Ii ~~<~; ..all ;;;;:t $ l,.! s ~ ~ ~ ~ lSifI i // I, .\'("r / ~ 'ON ONI NYl ]Ki' 0m~ ~ ~ ' &: ' I,!I~ s~l 'd r----'- i I I \ I 1 ... ., '"' '!\ ) .' i :, .1 j ..~ n I" , ! ii '\' "t ' .\ \ \ I , . I., ~l · ~I - ~ . ~ Iii · t II ". ' I j U '~j"-:'I~ III " 111~11R 'I / ,/ i,lii " '-' . I ii i I ,,<~ :i . i II ii ,'. i J . I ' .B nl S i I i "! Oil i I A I i L ih i . i , 11 II' S i- t i I ~~! !i~ ' I. i' i r' I I · ..S I : '. II' i i!D ;;(' I : II I ~ ~ III . H.," i".' ~ !i~ IiI ; j. U ~; 1 n ~ :: '8- !~! I !II~'~ j ... f - !.i ~I. ~ ~. s~ .~ i I ~ i I I ri !i"1 !. li! I I~' i: q ! ; Ii :I!I ~I ~I !f ~I !, ~ ~ ! : ; " \. I '" 'I -11 ')'00 J'!!., , 'g . \ .I '71 A' "''''~ : I::' "~~ / / i-- ' " J 'i- ~ - ~ -:...---, \11/ f \ \ [ " . f '~J., \ I if "' I ' , · f "',1/, \ '\ ""''--.,../ \ i . I "I /I( r I j' If rtfll J !I : :If.~JI'I) ;1' 'I'~/~J ~f/ J I U / I " ". ..... 1M - ..'::-0 ~~., oE . \-. ll: \ !!ill .. , '\ I \ I ~ ; \1 ~ r*l ~ ~ ~ . I : Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 2. Landscape Plan (Dated: August 7, 2006) O -.....".......-...'li -....--- d;llm:, N:11,:,11I ,~OOiIlI (.: .."-IQI0':J '"I .....~"~l~!'h _~''''.. r . ""';, ,~..j ... ,. ~.,.,- .."'. "I ~OISIAj(IlLlS .\H:I:-:>U:l\ t..;\,'111 :.:r<IY.)F>CJNV'l :~: ~ .,Ul.! ..1 ...r: , ~~ ~:, :'t~ 'It';I~ .!~V JI i I - .... o .- ;n .> c :.a~ ,.QQ. ~~ ;;;.-..~' ll. :... U ~ .,: S~! 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'-- :1 ,:1 d ;~ ~ } o z' , a ; o '" w ~! ~ji,;i I ~ lit!) I~: I;, ,;' " ~, r: ~~~~~t~~i3~~:: i:(b ~ ! [] [, ."1 !IJi.JI: Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on June 15, 2006, by James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by J.1. Howard Engineers, dated August 9, 2006, is approved, with the conditions listed herein. All comments and any provisions of the accompanying Annexation and Zoning application (AZ-06-03S) shall also be considered conditions of the Preliminary Plat (PP-06-036). 1.2.2 The landscape plan prepared by Brooks Design Group, on S-7 -06, is approved with the following modifications/notes: · The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-S. All landscaping adj acent to the pathway shall meet the requirements outlined in 11- 3B-12. (Note: Landscaping adjacent to micro paths above sewer or water lines are not required to have trees, but shall be landscaped with grass and other Public Works allowed landscape materials.) · Per UDC ll-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. · Add the requirement for a 25-foot wide landscape buffer along Linder, EXCLUSIVE of ROW. · Per UDC 11-3B-1O, the applicant shall 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 shall 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 ll-3B-14. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the fmal plat application(s). 1.2.3 The storm drain easement encroaching on Lot 20, Block 1 shall be placed into a common lot (or included within the boundaries of Lot IS, Block 1, which is also a common lot) and maintained by the Nursery Subdivision Homeowners Association. Lot 20, Block 1, and all buildable lots shall be designed to meet the minimum lot size requirements in the R-S zone. 1.2.4 Prior to submittal of the final plat application the applicant shall be required to redesign Lots IS- 20, Block 1 to reflect the additional right-of~way required by ACHD for Linder Road, and the new location of the required 25-foot wide landscape huffer. All dimensional standards, open space requirements, landscaping requirements, or any other standards contained in the UDC shall apply to the redesigned plat. NOTE: This may result in the loss of one buildable lot in this area. 1.2.5 Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District which allows the individual lots on the south side of this plat to fence and landscape to their south property line. If the applicant can not Exhibit B 1.2.9 1.2.10 1.2.11 1.2.12 1.3 1.3.1 1.3.2 1.3.3 1.3.4 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 1.2.6 obtain said license agreement, the plat shall be revised to include the easement area within a common lot to be owned and maintained by the HOA. All buildable lots must comply with the minimum dimensional standards of the UDC. Maintenance of all common areas shall be the responsibility of the Nursery Subdivision Homeowners Association. 1.2.7 Provide a public stub street to Parcel #SI213233965, the Calhoun property, as proposed. 1.2.8 The common drive proposed for Lots 4, and 5, Block 1 shall be designed in accordance with UDC 11-6C-3D. Lots 4 and 5, Block 1 shall maintain at least 15 feet of public street frontage (flag) and the common driveway easement shall be depicted and explained on the face of the [mal plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11-6C-3D7, depict the required setbacks, building envelopes, and orientation of the lots and structures on Lots 4 and 5, Block I, on the face of the final plat. In accordance with UDC 11-3C-6, provide each single- family detached dwelling with a two-car garage and a 20' x 20' parking pad between the garage face and the common driveway (the asphalt for the common driveway shall not count towards the required parking pad area.) 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 ofthe final plat by the City Engineer. The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant shall work with the Fire Department to ensure that the cul-de-sac meets Fire Department standards. Fencing adjacent to all micro pathways and common areas shall be constructed as six foot open vision or four foot solid fencing. All fencing shall be installed in accordance with UDC 11-3A-7. 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 inigationldrainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. GENERAL REQUIREMENTS-PRELIMINARY PLAT Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-Il. 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. 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 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 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. 1.3.5 The applicant shall submit a 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 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. 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 There is a 20-foot wide Nampa and Meridian Irrigation District easement shown on the southerly boundary of this development. Prior to fmal plat signature the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District allowing the individual lots to fence to their property line. OR revise the plat to include that easement in a common lot to be owned and maintained by the HOA. Ifthe latter of the two is chosen, all lots must still comply with the minimum dimensional standards of the UDC and the plat must still be in substantial compliance as detennined by the Planning Director. 2.2 The applicant shall include the storm drain easement on Lot 20 Block 1 into a common lot per ACHD policy 8009.1.2 which specifically requires all stormwater facilities to be located within the right-of-way or a common lot. 2.3 Sanitary sewer service to this development is being proposed via extension of mains that flow to the Landing Lift Station. The applicant shall be responsible for any upgrades to the lift station that are deemed necessary by the City Engineer. 2.4 The applicant shall be required to wait till the Black Cat Trunk connects to the Glacier Spring Diversion Manhole or install an "Off-peak pumping Station" in a location coordinated with the Public Works Department. The stations design and capacity shall be coordinated with the Public Works Department, the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system, and odor control. This condition may be rescinded by the City Engineer if new information arises from ongoing modeling exercises or other subsequent sources. 2.5 The applicant shall install all 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. 2.6 A 14-foot wide all weather access road shall be required to all manholes not located within the right-of-way. The applicant shall be responsible to coordinate with the Planning Department to comply with this condition and meet all landscaping ordinances/requirements. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 2.7 Water service to this site is being proposed via extension of mains in Tylee Way. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.8 The City Engineer has determined that due to the number of lots on this site a second water connection shall be required. This connection can be by enlarging the common lot that contains the sewer main and installing the water main in the common lot; or by acquiring an easement through the property to the south and cOlUlecting to S. Linder Road. 2.9 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. 2.10 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). 2.11 The applicant has indicated that the Homeowner's association will own and operate the pressure irrigation system in this proposed development. Since 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" ofthe 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 ofthis project. 2.12 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.13 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.14 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. 2.15 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 putposes such as landscape irrigation. 2.16 Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.17 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. 2.18 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. Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 2.19 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. 2.20 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 fmal plat. 2.21 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. 2.22 Applicant shall be responsible for application and compliance with and NPDES Pennitting that may be required by the Envirorunental Protection Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Pennitting that may be required by the Anny Corps of Engineers. 2.24 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. 2.25 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. 2.26 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. 2.27 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. Final design locations and quantity are detennined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and pennit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a fire-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 An emergency vehicle tumaroWld is required at the tenninus of Kat sura Street. The turnaround shall be designed in accordance with fire department standards. 3.3 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" 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 IFe Section 509.5. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' IFC Table Dl03A. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Due to the 1,100 foot block length, parking shall be limited to one side. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 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 ftre 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). a. For Group R~3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 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). 4. POLICE DEPARTMENT 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The sluubbery along the micro-pathways shall not exceed two feet in height at maturity. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC ll-3B-1O) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC Il-3B-I0) will be followed. 6. SANITARY SERVICE COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS 7.1.1 Dedicate 48-feet of right-of-way from the centerline of Linder Road, an additional 18-feet. ACHD will purchase the additional right-of-way to be dedicated and will not compensate for the Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2,2006 7.1.2 7.1.3 7.1.4 7.1.5 7.1.6 7.1.7 7.2 7.2.1 7.2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 Exhibit B existing right-of-way. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Construct a 36-foot street section within 50-feet of right-of-way complete with curb, gutter and 5- foot attached concrete sidewalk for Katsura Street. Construct a standard cul-de-sac turnaround at the tenninus of Katsura Street. Construct curb, gutter and sidewalk around the perimeter of the cul-de-sac except for the stub street location. Extend a stub street into the site from the south, South Tylee Way, located approximately 200- feet west of the east property line (measured property line to centerline). Construct a 36-foot street section within 50-feet of right-of-way complete with curb, gutter and 5-foot attached concrete sidewalk for South Tylee Way. Construct a stub street to the south, Katsura Street, located approximately l30-feet east of the west property line (measured property line to centerline). This stub street shall align with and connect to a future street to the south of the subject site. Linder Road is classified as an arterial roadway: all access points to Linder Road will be closed: direct lot access to Linder Road is prohibited and should be noted on the final plat. The applicant is required to close all existing access to Linder Road (including lot 20) and access the internal public streets. Comply with all Standard Conditions of Approval. GENERAL REQUIREMENTS Any existing irrigation facilities shall be relocated outside ofthe right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required pennits), which incorporates any required design changes. 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. 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. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 2, 2006 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 ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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 representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confmnation of any change from the Ada County Highway District. 7.2.13 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 allrnles, 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. NAMP A/MERIDIAN IRRIGATION DISTRICT 8,1 A land use change application must be filed, for review, prior to final platting. 8.2 All laterals and waste ways must be protected. 8.3 The District's Kennedy Lateral courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. 8.4 All municipal surface drainage must be retained on site. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Enviromnental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 c. Legal Description ANNEXA TION DESCRIPTION FOR PROPOSED NURSERY SUBDIVISION A parcel ofland lying in the NWI/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the NW Corner of said Section J 3, said Brass Cap bears N.00oOO'35"W. 2657.33 feet (formerly 2657.54 feet) from a 5/8 inch rebar marking the W 1/4 Corner of said Section 13; thence S.00oOO'35"E. 1862.31 feet (formerly 1862.19 feet) along the West line of the said NWI/4 of Section 13 and along the centerline of S. Linder Road to a point marking the SW Corner of The Landing Subdivision No, 2, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence S.89049'00"E. 30,00 feet along the south boundary of The Landing Subdivision No.2 to a point lying on the east right of way of said S. Linder Road, Thence continuing S.89049'00"E. 960.16 feet along the south boundaries of The Landing Subdivision No.2 and The Landing Subdivision No.3 to a point lying on the westerly boundary of The Landing Subdivision No.4; Thence S.00000'35"E. 381.34 feet (fonnerly 379.61 feet) along the said westerly boundary of The Landing Subdivision No.4 to a point lying on the northerly boundary of The Landing Subdivision No.7, and lying on the centerline of the Kennedy Lateral; Thence along the said centerline of the Kennedy Lateral the following courses and distances: N.60043'10"W. 164.27 feet (formerly 164.23 feet) along the said northerly boundary of The Landing Subdivision No.7 to a point; Thence N.81 o30'40"W. 597.88 feet, a portion of this distance being along the said northerly boundary of The Landing Subdivision No.7, to a point; Thence N.77014'25"W. 98.02 feet to a point; Thence N.56005'40"W. 156.62 feet to a point lying on the said east right of way ofS. Linder Road; Thence continuing N .56005' 40"W. 36,15 feet to a point lying on the said West line of the NW I /4 of Section 13 and lying on the said centerline of S. Linder Road; Nursery Sub ANNEXATION dos.riplioll 061406Imm.do. Exhibit C CITY OF MERlDIANPLANNINGDEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 Thence leaving the said centerline of the Kennedy Lateral, N.00oOO'35"W. 86.73 feet (tonnerly 87.42 feet and 85.34 feet) along the said West line of the NW 1/4 of Section 13 and along the said centerline ofS. Linder Road to the POINT OF BEGINNING. Said parcel contains 5.59 acres, more or less, and is subject to all existing easements and right-or-ways of record or implied. e~ep-.?jROVAl, MERIDIAN PUBLIC WORKS DEP1. NutSery Sub ANNEXATION description 0614061mrn,doc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006 ~ ~ Ii! ~ '" ~ :;;] ~ ~~ ,j! ~ ! "5 ~~nwl JS:Us-. M ';, - - CM)ll I430Nn 'S Ii NOISWOBflS S]J.VJS3 3N0JS11lf0IA' z: Exhibit C ~ ~ " "'.. 1~ \\ \~ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006 D. Required Findings from Zoning Ordinance 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: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone all of the subj ect property to R -8. Staff fmds 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 this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that single.fami1y residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff fmds 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 determining this fmding. 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, Staff finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E). Staff finds that all essential services will be provided by the developer to the subj ect 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; and this is a logical expansion of the City limits. In accordance with the findings listed above, staff fmds that Annexation and Zonimr of this Drovertv to R -8 would be in the best interest of the City. 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: 1. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with Exhibit D CITY OF MERIDIAN PLANNING DEPARTMENT 8T AFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff [mds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details.) 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 own cost, staff [mds 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 COWlcil rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B, Agency Comments and Conditions, for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the COWlcil or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and COWlcil reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is Wlaware of any natural, scenic, or historic features on this site. Therefore, staff [mds 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 COWlcil 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 D i. .. ; +: AFFIDAVIT OF POSTING ,~, i , STATE OF IDAHO ) ) S COUNTY OF ADA ) I, Mike Arnold, (name) Premier Signs, Inc 2100 E Fflirview Avenue, Suite 7 (address) 855-0380 (phone) Meridian Idaho (state) , being first duly sworn upon oath I depose and say: ( city) I personally posted the subject property with the hearing notice sign a minimum of 10 days prior to the City Council hearing for the Annexation & Zoning of 5.59 acres from RUT to R-8 zone and Preliminary Plat approval of 25 bui/ding lots and 4 common lot.t; on 5.59 acres in proposAd R-8 zone for Nursery Subdivision. Dated this 12 day of October , 2006 ~-/~~ (s~ature) SUBSCRIBED AND SWORN ~,e me the day and year first above written. "...."'".." /' ~ ~ \\\\\ t\.ESIt. ""I / I~/ """ r , \\ I, ," ___"'" ~,-,...~~ ~C:::_/A<//c f /-r;:",L./?.J f ~ , ~""" ~\ ~ Notary Pup{ or Idaho - ~ - ~ ~ (~ () ~ ~ Residing at ,/Vd./7c-"~~ce--~ =U! ~iO= ' = '\ It. ft." j .:to :: ... 7 2 0' i) 7 ~ ',,""U y dol"'~'!t ~ My Commission Expires: ' tJ ' , I" rJ."'- .... -:, ,,,,,...,,,,,, ~ " """" 8rAn 0 \"" '1 - \\\ 1/1111111\'\\ Master\affi d. posting 1 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE November 2, 2006 ITEM # 9, 10 PROJECT NUMBER AZ 06-038, PP 06-036 PROJECT NAME Nursery Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL Project: Nursery Subdivision Location, size of property and existing zoning: The east side of Linder Road approximately 1,900 feet south' of Franklin Road. The application'includes annexation and zoning of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 25 single family residential lots and 4 common lots. All of this property is currently zoned RUT in Ada County. Adjacent Land Use and Zoning:, . 1. North: The Landing Subdivision, zoned R-4 2. East: The Landing Subdivision, zoned R-4 3. South: The Landing Subdivision and one large parcel, zoned R-4 4. West: Single-family homes, zoned RI (Ada County) Applications: Annexation and Zoning, and a Preliminary Plat of the entire site. Overall Project Description & Subdivision Information: 1. Residential Lots: 25 (single family) 2. Non-residential Lots: None 3. Common Lots: 4 4. Gross Density: The gross density of Nursery Subdivision is 5.06 dwelling units per acre. Summary of Proposed Streets and/or Access: The sole access to the development will be from an existing stub street, South Tylee Way, provided from The Landing Subdivision. The Landing Subdivision . currently has approved direct access from Linder Road. One stub street will be provided to the 2.27 acre parcel to the southwest that currently contains an existing home. Existing Constraints and Opportunities: The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and tile applicant intends to pipe the remaining portion of the lateral that runs tlrrough tllis site. Comprehensive Plan Designation: Medium Density Residential Compliance with Comprehensive Plan: Generally complies with the existing Comprehensive Plan and Future Land Use Map. Compliance with ODC: Generally complies with conditions. Proposed DA requirements: None History of Previous Actions: None Other: None Elevations: No Outstanding Issue(s) for Commission: 1. Staff is concerned about the storm drain lot/common area (Lot 18, Block 1) behind Lot 20, Block 1. As proposed the only access to this storm drain lot is through an easement across Lot 20, Block 1, which is a single-family buildable lot. Staff is not supportive of encumbering a single-family lot with an access easement for ACHD. 2. AClID is requiring an additional ,18 feet of right-of-way to be dedicated along Linder Road. This will have a significant effect on the location of the required 25 foot landscape buffer along Linder Road, and Lots 18 and 20, Block 1. The applicant should be required to redesign this area of the plat to show the additional right-of-way and new location of the landscape buffer. 3. An existing 20 foot wide easement in favor of the Nampa Meridian Irrigation district runs along the southern boundary of this project. This easement affects eight buildable lots (Lots 1 ~ 7, Block 2 and Lot 1, Block 1). In a letter dated August 15,2006 the Nampa Meridian Irrigation District stated that "this easement must be protected and any encroaclunent without a signed license agreement and approved plan, before any construction is started, is unacceptable." (See Exhibit B for all ofNMID's requirements.) As proposed, the applicant shows each of the above mentioned lots with a portion of this easement in the rear yard. Staff will allow this layout, provided the Applicant is able to obtain a license agreement from the irrigation district to construct fencing and some landscaping within this easement. Staff Recommendation: Staff is recommending approval of AZ-06-03 8 and PP-06-036 subject to the conditions listed in Exhibit B of the staff report. . '. Notes: October 2, 2006 MERIDIAN PLANNING & ZONING MEETING PP 06-036 October 5, 2006 APPLICANT Gary Fors ITEM NO. 1 0 REQUEST Public Hearing - Preliminary Plat approval of 25 residential lots and 3 common lots on 5.53 acres in a proposed R-8 zone for Nursery Subdivision - 570 S. Linder Road AGENCY COMMENTS CITY CLERK: See AZ Packet CITY ENGINEER: CITY PLANNING DIRECTOR: ^J-j~ It/djo~ Qp{~' 1i pi tt CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Emailed: Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ...fi't: o{;GCITYor'~ 'u'' .J' '-\ eriaian _M'~; ~~, V IDAHO ~ ~" f n .' '''-'-v" , ""f<l.TJ<CASUI<"VAll.,c, SINCE To insure that your comments and recommendations will be considered by '903 the Meridian Planning and Zoning Commission please submit your comments and recommendations to Meridian City Hall TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Joseph W. Borton Charles M. Rountree Shaun Wardle Attn: Will Berg, City Clerk, by: ASAP Transmittal Date: September 26, 2006 File No.: AZ 06-038 I PP 06-036 Hearing Date: October 5, 2006 Request: REVISED. Preliminary Plat for Nursery Subdivision CITY DEPARTMENTS City Attorney/HR 703 Main Street 898-5506 (City Attorney) 898-5503 (HR) Fax 884-8723 By: Gary Fors Location of Property or Project: 570 S. Linder Road Fire 540 E. Franklin Road 888-1234 I fax 895-0390 David Zaremba (no FP) David Mae (no FP) Wendy Newton-Huckabay (No FP) Michael Rohm (No FP) Keith Borup (No FP) Tammy de Weerd, Mayor Charlie Rountree, C/C Joe Borton, C/C Keith Bird, C/C Shaun Wardle, C/C Water Department Sewer Department Sanitary Services(No VAR, VAG, FP) Building Department I Rich Greene Fire Department Police Department City Attorney City Engineer City Planner Parks Department Parks & Recreation 11 W. Bower Street 888-3579 I fax 898-5501 Plalming 660 E. Watertower Lane Suite 202 884-5533 I fax 888-6844 Police 1401 E. Watertower Lane 888-6678 I fax 846-7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 I fax 895-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 I fax 887-1297 - Wastewater 3401 N. Ten Mile Road 888-2191 I fax 884-0744 - Water 2235 N.W. 8th Street 888-5242 I fax 884-1159 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian Irrig. District Settlers Irrig. District Idaho Power CO. (FP,PP,GUP) Qwest (FP/PP only) Intermountain Gas (FP/PP only) Bureau of Reclamation (FP/PP only) Idaho Transportation Dept. (No FP) Ada County Ass. Land Records Meridian Development Corp. Historical Preservation Comm. CITY HALL 33 EAST IDAHO AVENUE MERIDIAN, IDAHO 83642 (208) 888-4433 CITY CLERK _ FAX 888.4218 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Prinled on recycled paper CITY OF MERIDIAN PUBLIC HEARING SIGN..UP SHEET October 5, 2006 ITEM # 9, 10 DATE PROJECT NUMBER AZ 06..038, PP 06..036 PROJECT NAME Nursery Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 STAFF REPORT TO: olferi;/!!t, 1().\I10 ,}' y~, j' ~ ~~~Jf '" ..~~'-t;'--' '-'-:'-'!~~t~li; '...!.~ ~1:2:3~~"""'" ~i~: Hearing Date: 10/5/2006 Planning & Zoning Commission FROM: Justin Lucas Associate City Planner Meridian Planning Department 884-5533 SUBJECT: Nursery Subdivision · AZ-06-038 Annexation and Zoning of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) . PP-06-036 Preliminary Plat of 25 single-family building lots and 4 common lots on 5.59 acres in a proposed R-8 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Garry Fors, has applied for Annexation and Zoning (AZ) of 5.59 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 25 single family residential lots and 4 common lots for Nursery Subdivision. The site is located on the east side of Linder Road approximately 1,900 feet south of Franklin Road in Section 13, Township 3 North, Range 1 West, and is currently referenced as Assessor's Parcel Number S1213233892. The subject site is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-038 and PP-06-036) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning and Preliminary Plat applications. 3. PROPOSED MOTIONS Recommend Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-06-038 and PP-06-036 as presented in the staff report for the hearing date of October 5, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications.) Recommend Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-06-038 and PP-06-036 as presented during the hearing on October 5, 2006, for the following reasons: (You should state specific reasons for denial of the annexation request, you must state specific reasons for denial of the preliminary plat request.) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-038 and PP-06-Q36 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 Nursery Subdivision AZ-06-038, PP-06-036 PAGEl ,:'-:, SEP ........,1 -~, . \,' ".,_...!.. "-~l. "..' ~ '..<,"""7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DA IE OF OCTOBER 5, 2006 a. Site Address/Location: 570 South Linder Road Section 13, T3N, Rl W b. Applicant / Owner: Gary F ors 843 Lilac Street Meridian, ID 83642 c. Representative: Jim Howard, IJ. Howard Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: The applicant is requesting concurrent approval for Annexation and Zoning of the subject 5.59 acres to R-8 and Preliminary Plat approval of 25 single-family buildable lots and 4 common lots. All of the homes within the development are proposed to be single-family detached. The gross density of the project is 5.06 dwelling units per acre and the net density is 7.27 dwelling units per acre. Approximately 5.97 percent of the site is being set aside for open space. 1. Date of Preliminary Plat (attached in Exhibit A): August 9,2006 2. Date of Landscape Plan (attached in Exhibit A): August 7,2006 g. Applicant's Statement/Justification: We are requesting a zoning of R-8, which is in general compliance with the existing Meridian Comprehensive Plan designation of Medium Density Residential. The proposed residential net density is 6.41 dwelling units per acre, which complies with the City's designation of Medium Density Residential requirement of eight dwelling units per acre, Sewer and water facilities are available for connection within the Landing Subdivision No. 7 to the south and South Linder Road to the west. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, 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, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: September 18, 2006. and October 2, 2006 d. Radius notices mailed to properties within 300 feet on: September 8, 2006 e. Applicant posted notice on site by: September 25, 2006 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential and Nursery b. Description of Character of Surrounding Area: To the north, east, and south of this proposed subdivision are various phases of the Landing Subdivision zoned R-4. To the southwest is an existing rural residence that also has R-4 zoning. To the west are various rural residences one of which has an R-4 zoning designation. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 c. Adjacent Land Use and Zoning: 1. North: The Landing Subdivision, zoned R-4 2. East: The Landing Subdivision, zoned R-4 3. South: The Landing Subdivision, zoned R-4 4. West: Rural Residential, zoned R-4 d. History of Previous Actions: N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There currently exists a sewer main in S. Linder Road. Location of water: There currently exist water mains in S. Linder Road and in S. Ty1ee Way. Issues or concerns: 1.) Usability of the irrigation easement for each individual lot. 2.) Redundancy for the water system. 3.) Possibility for lift station upgrades. 4.) Placing the storm drainage facilities within an easement on a buildable severely hampers the future lot owner's ability to use that ground encumbered by the easement. 2. Vegetation: N/A 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 5.59 acres f. Subdivision Plat Information: 1. Residential Lots: 25 2. Non-residential Lots: 0 3. Total Building Lots: 25 4. Common Lots: 4 5. Other Lots: 0 6. Total Lots: 29 7. Open Lots: 0 8. Residential Area: 5.59 acres 9. Gross Density: 5.06 units per acre 10. Lot Sizes: Lot sizes range from approximately 6,000 square feet to 9,534 square feet with one large lot of 13,005 square feet. g. Landscaping: Nursery Subdivision AZ-06-038, PP-06-036 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 I. Width of street buffer(s): 25 feet along Linder Road 2. Width ofbuffer(s) between land uses: N/A. 3. Percentage of site as open space: 0.33 acres (5.97%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. (Note: If the micro path is above a sewer or water line no trees shall be required) h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for single family dwellings. I. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The sole access to the development will be from an existing stub street, South Ty1ee Way, provided from The Landing Subdivision. The Landing Subdivision currently has approved direct access from Linder Road. One stub street will be provided to the 2.27 acre parcel to the southwest that currently contains an existing home. 7. COMMENTS MEETING On September 15, 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 This property is designated ''Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain single family residences at densities from three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 25 residential building lots on 5.59 acres for a gross density of 5.06 dwelling units/acre. 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 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 plan.s 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. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 . The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning 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 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. Staff is supportive of the proposed pedestrian connection to Linder Road via the proposed micro path, as well as the extension of the stub street provided from the south which will provide for pedestrian connectivity with the Landing Subdivision. . 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 land use. Stafffinds that the surrounding developments, all single.Jamily dwellings, are compatible with the applicant's proposal. . Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. The subject application includes a request for the R-8 zoning designation. All of the adjacent properties are currently zoned R-4. Stafffinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation, and provides some variety of zoning in this area. . Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The applicant is proposing to extend one existing stub street from the south and construct another stub street to the underdeveloped parcel to the southwest. Staff believes that the applicant's proposal will enhance connectivity and traffic flow in this area. Nursery Subdivision AZ-06-038, PP-06-036 PAGE 5 CITY OF MERlDIAN PLANNING DEPARTMENT STAFF REPORT FOR TIlE HEARING DATE OF OCTOBER 5, 2006 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-8 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 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. Common driveways (Lots 4 and 5 Block 1, see note 12 on Plat): UDC 11-6C-3D describes the standards for common driveways. All common drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units served: Common driveways shall serve a maximum of four (4) dwelling units. 2. Width standards: Common driveways shall be a minimum of twenty feet (20') in width. 3. Maximum length: Common driveways shall be a maximum of one hundred fifty feet (150') in length or less, unless otherwise approved by the Meridian City Fire Department. 4. Improvement standards: Common driveways shall be paved with a surface capable of supporting fire vehicles and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. 6. Turning radius: Common driveways shall be straight or provide a twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. 7. Depictions: For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures shall be shown on the preliminary and/or final plat. 8. Easement: A perpetual ingress/egress easement shall be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved sunace capable of supporting fire vehicles and equipment. 9. Alternative compliance: The Director may approve or recommend approval of alternative design or constmction standards when the applicant can demonstrate that the proposed overall design meets or exceeds the intent of the required standards of this Section and shall not be detrimental to the public health, safety, and welfare. 10. ANALYSIS a, Analysis of Facts Leading to Staff Recommendation ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, and the surrounding land uses and zoning, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared on June 15,2006, by James 1. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Nursei)' Subdivision AZ-06-038, PP-06-036 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006 PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposal with the Unified Development Code, staff believes that this is a good location for the proposed single-family residential development. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. Landscaping: The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: . The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11-3B-12. (Note: Micro paths above sewer or water lines are not required to have trees) . Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) of the site for useable open space, as proposed. · Per UDC 11-3B-IO, 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. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Lot Size/Building Envelope: Lot I, Block 2 and Lot 7, Block 2 are irregular in shape. Due to required setbacks and the 20 foot irrigation easement that runs along the southern boundary of this project these lots will contain building envelopes of questionable size and shape. Staff recognizes the design constraints on this entire parcel but feels that the applicant should provide, at the public hearing. some assurance that these are viable lots (e.g. - an exhibit showing how structures could be situated on these lots. and what size footorintis available on these lotst Storm Drain Lot: Staff is concerned about the storm drain lot/common area (Lot 18, Block I) behind Lot 20, Block 1. As proposed the only access to this storm drain lot is through an easement across Lot 20, Block I, which is a single-family buildable lot. Staff is not supportive of encumbering a single-family lot with an access easement for ACHD. Further, ACHD standards (Section 8009-1-2) will not allow the storm water pipe and sand and grease trap to be placed in a buildable lot as proposed. Due to this requirement ACHD will require the proposed easement access to be placed within the common Lot 18, which will reduce Lot 20, Block I in size by more than 900 square feet. This size reduction will bring Lot 20 below the 5,000 square foot minimum that is required in the R-8 zone. Staff recommends that this area of the plat be redesigned to accommodate these required changes. (see Public Works condition 2.2, in Exhibit B) Irrigation Easement: An existing 20 foot wide easement in favor of the Nampa Meridian Irrigation district runs along the southern boundary of this project. This easement affects eight buildable lots (Lots 1-7, Block 2 and Lot 1, Block 1). In a letter dated August IS, 2006 the Nampa Meridian Irrigation District stated that "this easement must be protected and any encroachment without a signed license agreement and approved plan, before any Nursery Subdivision AZ-06-038, PP-06-036 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DAlE OF OCTOBER 5, 2006 construction is started, is unacceptable." (See Exhibit B for all ofNMID's requirements.) As proposed, the applicant shows each of the above mentioned lots with a portion of this easement in the rear yard. Staff wiJI allow this layout, provided the Applicant is able to obtain a license agreement from the irrigation district to construct fencing and some landscaping within this easement. If the license agreement is not obtained, and the plat is approved as proposed, the future homeowners will be unable to fence-off their property into the easement area, and each homeowner will be responsible to maintain the easement area that is part of their property. Further, the future homeowners will be paying taxes on property that they can not customize as their own. To avoid this staff recommends that this easement area be placed into a common lot if a license agreement is not obtained. As a common lot the easement area would be maintained by the home owners association rather than separate property owners. NOTE: If said license agreement is not obtained, some of the proposed lot lines may need to be adjusted to meet the minimum 5,000 square foot lot size minimum of the R-8 zone. (see Public Works condition 2.1 and the Planning Department's condition in Exhibit B) Common Areas: Maintenance of all common areas should be the responsibility of the Nursery Subdivision Homeowners Association. Stub Streets: The applicant should be required to provide a public stub street to Parcel #SI213233965, the Calhoun property, as proposed, Common Drive: The common drive proposed for Lots 4 and 5, Block 1 should be design in accordance with UDC 11-6C-3D. Existing Residences/Buildings: The site currently contains multiple buildings. The existing buildings span across proposed lot lines and do not meet setback requirements of the requested zoning. Therefore, all existing buildings should be removed/re-located in accordance with the building setbacks of the R-8 zone, prior to signature of the final plat by the City Engineer. Emergency Vehicle Turnaround: The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant should work with the Fire Department to ensure that the cul- de-sac meets Fire Department standards. Fencing: No fencing is shown on the preliminary plat or landscape plan. The applicant should submit a detailed fencing plan with the final plat application for the subdivision. If pennanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building pennits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing adjacent to all micro pathways and common areas is also required; this fencing should be constructed as six foot open vision or four foot solid. All fencing shall be installed in accordance with UDC ] ]-3A-7. 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 Nursery Subdivision AZ-06-038, PP-06-036 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 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. 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. The Kennedy Lateral runs along the southern portion of this site. The lateral has been partially piped in this area and the applicant intends to pipe the remaining portion of the lateral that runs through this site. b. Staff Recommendation: Based on the above analysis, staff finds that applications AZ-06-038 and PP-06-036 substantially confonn to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ and PP applications subiect to the conditions listed in Exhibit B. Il. EXHIBITS A. Drawings I. Preliminary Plat (Dated: August 9, 2006) 2. Landscape Plan (Dated: August 7,2006) B. Conditions of Approval I. 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. NampalMeridian Irrigation District 9. Central District Health Department C. Legal Description D. Required Findings from Zoning Ordinance Nursery Subdivision AZ-06-038, PP-06-036 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006 A. Drawings 1. Preliminary Plat (Dated: August 9, 2006) I I j I .. !I, I=!! II! '111111111 alii i l~ II II nhlli I iI! II I 1I111,1i!i ,I q i l": Ii l"; III !I I t ~ + r "'t I II L q + I JII i II I i !: -.irf rl<>'irU~H.f ;Iii I n I II I ~.; I I \ " !: : ~ !I c .-_ ,~ -( s>q 1- i ~i !f ~ i ~ I~ :1 ~ I" I::di ii! It::4 ~: o VI " { , , I I { I I a Ml i'lb \ \, " * ' , . i ~ ~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 2. Landscape Plan (Dated: August 7, 2006) O -"'~"'~-""W ~~......~.....,., ,1;lIlN~1 N:IIS:,1I1 S~OOIllI Exhibit A t>.:OISIAJUfUS AmlslJ:l\ r.<\,'1oI ~.l\r.)~(lN"" l" :'11' \I';~; '!~'J, Jill I. \\ ...\'\ ~ ~c. '( '._,.- . ,; r \. . . ~,L.~" f ,,,I )--- \ .' I'~'.." _ Iii ~ I ~ '" l . "'\.~~. .'-"'" , , ";.' \- .J r~~ ) ,'\ ....:.1 , ) . ) ~ ~ ~'~ I " ,I I' \ "! j'" 'I'~ , " I _!, i ~ ,I ~;; , ,\',' _~r' . ..j ~: :Il: \ " ;:.~ ~, -.~ .' ~~! ,/ .~ u,"': -1----1'1". "__ , ?,A:: , F~~" H' .I,i\~';-~:"'( i d:~>-" ",1-- ~(:"'i ",; , "t ,lj '" " .... \ ~ ~ /1 1. ,- ,"1. hili " 1 , -- ( ,i I I,;;; \ I ,. ~ , \ ~'" 'T,-i---f1 (-", _I',-.v I \ '"i) '( I --h~ ;f~\ ~~ ~.. ..-1-1/; --......:rr-;=,I 1_ 4 II' 1/' :;:. / / ,/ ~ I I i , I I I ijt }/I.I II /J U .~I / // .'/1/ I' }" 'j!'"!" [.:: :"""'~'""~-'I:~,J~Ol::i r -."..,;1-, .,.':.. _, J'~,_ ~ .... l'"*-l ........n.l ...A.u. ,~ '''7';'':-;' I~ , ~. , I ~-~~~/ ,i - ~J! I ' t'lt .: /1.,1 :"i : ;l. ,l:,i I . I ~ ' i · ,( ! I, , " I: c~l , 'I, ~,j '~'l: ,I ft~~!'~ " ll.. d ;lj iL..~_..lj ~. ,I, ~ l,ll'! ... Q i:'i 81 , ~I i I i ~li~1 /b;I, , '0 QJ " '/ =: o 'r;; .... ~= ;.0.$ ,.Q~ ::l fJ)OJ >.~ :..(.l o;t'-i t'-i"O :..= ::l~ Z~, :1, <0' "I " , ;';~:~' ":'..1' ",..""..1 . '-"~" ; ~ :r . ,j '" i , {Q ~ :i. ~~. -; ~ ~~~1il I!; Jill! l ;[~t!lm~;!~;~);i! ' I [] r: CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 The annexation legal description submitted with the application (prepared on June 15, 2006, by James J. Howard, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of submittal. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.2.1 The preliminary plat labeled as Sheet I, prepared by U. Howard Engineers, dated August 9, 2006, is approved, with the conditions listed herein. All comments and any provisions of the accompanying Annexation and Zoning application (AZ-06-038) shall also be considered conditions of the Preliminary Plat (PP-06-036). 1.2.2 The landscape plan prepared by Brooks Design Group, on 8-7-06, is approved with the following modifications/notes: . The proposed micro pathway (not shown on submitted landscape plan) that connects Katsura Street to Linder Road shall be constructed in accordance with UDC 11-3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in 11- 3B-12. (Note: Landscaping adjacent to micro paths above sewer or water lines are not required to have trees, but shall be landscaped with grass and other Public Works allowed landscape materials.) . Per UDC 11-3G-3A, set aside at least 5.97% (0.33 acres) ofthe site for useable open space, as proposed. . Per UDC 11-3B.1O, the applicant shall 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 sh.!!lJ,._~~,..P!~..P!'I!:~~_~.Y__tJ:l~J~~~_s.C;:~P~__~_~l1i!~_~t,...../{ Deleted: ould designer, or qualified nursety11lan responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. All standards of installation shall apply as listed in UDC 11-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 The storm drain easement encroaching on Lot 20, Block I shall be placed into a common lot (or included within the boundaries of Lot 18, Block I) and maintained by the Nursery Subdivision Homeowners Association. Lot 20, Block I shall be redesigned to meet the minimum lot size requirements in the R-8 zone. 1.2.4 Prior to signature of the final plat by the City Engineer, the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District which allows the individual lots on the south side of this plat to fence and landscape to their south property line. If the applicant can not obtain ,said license agreement, the plat shall be revised to include the easement area within a common lot to be owned and maintained by the HOA. All buildable lots must comply with the minimum dimensional standards of the UDC. 1.2.5 Maintenance of aU common areas shall be the responsibility of the Nursery Subdivision Homeowners Association. 1.2.6 ll~yi~~. ~_ ~1,1Wc;: _ ~!1;l.~. ~~~~t!~ _J:'!'I!:c;:~I_ !#.~_l ~! ?.~A~_~~.~, _tl1~,r'!!l1~1,1~ ..P.!_~_t\rtY>_ ~.s_ P~9P9.S.~~., _ __' _ _ _, _ _ _ _ _::",. Deleted: The applicant should be required to Deleted: p Exhibit B Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 1.2.7 The common drive proposed for Lots 4, and 5, Block I shall be designed in accordance with UOC 11-6C-3D. Lots 4 and 5, Block I shall maintain at least IS feet of public street frontage (flag) and the common driveway easement shall be depicted and explained on the face of the final plat; building setbacks should be measured from the edge of the common driveway easement or property lines, whichever is more restrictive. In accordance with UDC 11-6C-3D7, depict the required setbacks, building envelopes, and orientation of the lots and structures on Lots 4 and 5, Block 1, on the face of the final plat. In accordance with UDC ll-3C-6, provide each single- family detached dwelling with a two-car garage and a 20' x 20' parking pad between the garage face and the common driveway (the asphalt for the common driveway shall not count towards the required parking pad area.) 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. The current design of the cul-de-sac at the west end of W. Katsura Street does not meet Fire Department standards for an emergency vehicle turnaround. The applicant shall work with the Fire Department to ensure that the cul-de-sac meets Fire Department standards. Fencing adjacent to all micro pathways and common areas shaH be constructed as six foot open vision or four foot solid fencing. AH fencing shaH be installed in accordance with UDC 11-3A-7. 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 Public Works Department prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. GENERAL REQUIREMENTS-PRELIMINARY PLAT Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A -II. 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 aHlandscape areas per the approved specifications and in accordance with UOC 11-3A -15 and MCC 9-1-28. 1.2.8 1.2.9 1.2.10 1.2.11 1.3 1.3.1 1.3.2 1.3.3 1.3.4 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 final 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, 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 shaH taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UOC 11-3A-7. 1.3.5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF OCTOBER 5, 2006 1.3.6 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent nwnber of caliper inches of trees that were removed, Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.7 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. 1.3.8 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 There is a 20-foot wide Nampa and Meridian Irrigation District easement shown on the southerly boundary of this development. Prior to final plat signature the applicant shall submit a signed license agreement with Nampa and Meridian Irrigation District allowing the individual lots to fence to their property line. OR revise the plat to include that easement in a common lot to be owned and maintained by the HOA. If the latter of the two is chosen, all lots must still comply with the minimum dimensional standards of the UDC and the plat must still be in substantial compliance as determined by the Planning Director. 2,2 The applicant shall include the storm drain easement on Lot 20 Block 1 into a common lot per ACHD policy 8009.1.2 which specifically requires all stormwater facilities to be located within the right-of-way or a common lot. 2.3 Sanitary sewer service to this development is being proposed via extension of mains that flow to the Landing Lift Station. The applicant shall be responsible for any upgrades to the lift station that are deemed necessary by the City Engineer. 2.4 The applicant shall install all 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. 2.5 A 14-foot wide all weather access road shall be required to all manholes not located within the right-of-way. The applicant shall be responsible to coordinate with the Planning Department to comply with this condition and meet all landscaping ordinances/requirements. 2.6 Water service to this site is being proposed via extension of mains in Tylee Way. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.7 The City Engineer has determined that due to the number of lots on this site a second water connection shall be required. This connection can be by enlarging the common lot that contains the sewer main and installing the water main in the common lot; or by acquiring an easement through the property to the south and connecting to S. Linder Road. 2.8 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. 2.9 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). 2.10 The applicant has indicated that the Homeowner's association will own and operate the pressure irrigation system in this proposed development. Since it is to be maintained as a private system, Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5,2006 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. 2.11 The City of Meridian requires that pressurized inigation systems be supplied by a year-round source of water (UDC 11-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.12 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the final plat by the City Engineer. 2.13 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. 2.14 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. 2.15 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. 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 construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.16 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. 2.17 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. 2.18 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized inigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.19 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. 2.20 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. 2.21 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. 2.22 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.23 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR mE HEARING DATE OF OCTOBER 5, 2006 2.24 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. 2.25 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. 2.26 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. Final 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. FlREDEPARTMENT 3.1 One and two family dwellings will require a fire-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 An emergency vehicle turnaround is required at the terminus of Katsura Street. The turnaround shall be designed in accordance with fire department standards. 3.3 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.4 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 !h" 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 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 !FC 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. 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 Requirements for dead-end fire apparatus access roads that are between 500'-750' in length. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 26' wide. Streets with less than a 35' street width shall have no parking. Streets with less than 39' shall have parking only on one side. These measurements shall be based on the face of curb dimension. Special approval required over 750' !FC Table DI03.4. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Due to the 1,100 foot block length, parking shall be limited to one side. 3.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.8 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 Exhibit B CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 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). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). 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). 4. POLICE DEPARTMENT 4.1 All interior fencing shall allow visibility from the street or shall not exceed four feet in height if solid fencing is used. 4.2 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 4.3 The shrubbery along the micro-pathways shall not exceed two feet in height at maturity. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-I 0) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-I0) will be followed. 6. SANlTARVSERVICECOMPANY 6.1 sse has no comments related to this application. 7. ADA COUNTY HIGHWA V DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS 7. Ll Dedicate 48-feet of right-of-way from the centerline of Linder Road, an additional 18-feet. ACHD will purchase the additional right-of-way to be dedicated and will not compensate for the existing right-of-way. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 7.1.2 Construct a 36-foot street section within 50-feet of right-of-way complete with curb, gutter and 5- foot attached concrete sidewalk for Katsura Street. 7.1. 3 Construct a standard cul-de-sac turnaround at the terminus of Katsura Street. Construct curb, gutter and sidewalk around the perimeter of the cul-de-sac except for the stub street location. 7.1.4 Extend a stub street into the site from the south, South T y1ee Way, located approximately 200- feet west of the east property line (measured property line to centerline). Construct a 36-foot street section within 50-feet of right-of-way complete with curb, gutter and 5-foot attached concrete sidewalk for South Tylee Way. 7.1.5 Construct a stub street to the south, Katsura Street, located approximately 130-feet east of the west property line (measured property line to centerline), This stub street shall align with and connect to a future street to the south of the subject site. Exhibit B 7.2.12 7.2.13 Exhibit B CITY OF MERlDlAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 5, 2006 7.1.6 Linder Road is classified as an arterial roadway: all access points to Linder Road will be closed: direct lot access to Linder Road is prohibited and should be noted on the final plat. The applicant is required to close all existing access to Linder Road (including lot 20) and access the internal public streets. Comply with all Standard Conditions of Approval. GENERAL REQUIREMENTS Any existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. 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. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building pennit (or other required permits), which incorporates any required design changes. 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. 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. 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. 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. 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 subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 7.1.7 7.2 7.2.1 7,2.2 7.2.3 7.2.4 7.2.5 7.2.6 7.2.7 7,2.8 7.2.9 7.2.10 7.2.11 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR lHE HEARING DATE OF OCTOBER 5, 2006 8. NAMPAlMERlDlAN IRRIGATION DISTRICT 8.1 A land use change application must be filed, for review, prior to final platting. 8.2 All laterals and waste ways must be protected. 8.3 The District's Kennedy Lateral courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed license agreement and approved plan, before any construction is started, is unacceptable. 8.4 All municipal swface drainage must be retained on site. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 9.2 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. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. Legal Description ANNEXATION DESCRIPTION FOR PROPOSED NURSERY SUBDIVISION A parcel of land lying in the NW1/4 of Section 13, Township 3 North. Range I West, Boise Meridian, Ada County, Idaho, said parcel being more particularly described as follows: Commencing at a Brass Cap marking the NW Corner of said Section 13, said Brass Cap bears N.00oOO'35"W. 2657.33 feet (formerly 2657.54 feet) from a 5/8 incb rebar marking the W 114 Corner of said Section 13; thence S.00oOO'35"E. 1862.31 feet (formerly 1862.19 feet) along the West line of the said NWII4 of Section 13 and along the centerline of S. Linder Road to a point marking the SW Corner of The Landing Subdivision No.2, records of Ada County, Idaho, said point being the POINT OF BEGINNING; thence S.89049'OO"E. 30.00 feet along the ,outh boundary of The Landing Subdivision No.2 to a point lying on the east right of way of said S. Linder Road, Thence continuing S.89049'OO"E. 960.16 feet along the south boundaries of The Landing Subdivision No.2 and The Landing Subdivision No.3 to a point lying On lhe we'terly boundary of The Landing Subdivision No.4; Thence S.00oOO'35"E. 381.34 feet (formerly 379.61 feet) along the said westerly boundary ofTbe Landing Subdivision No.4 to a point lying on the northerly boundary of The Landing Subdivision No.7, and lying On the centerline oflhe Kennedy Lateral; Thence along the said centerline of the Kennedy Lateral the following courses and distances: N.60043'1O''W. 164.27 feet (formerly 164.23 feet) along the said northerly boundary of The Landing Subdivision No.7 to a point; Thence N.81 o30'40"W. 597.88 feet, a portion ofthis distance being along the said northerly boundary of The Landing Subdivision No.7, to . point; Thence N.7r14'25"W. 98.02 feet to a point; Thence N.56005'40"W. 156.62 feet to a point lying on the said east right of way ofS. Linder Road; Thence continuing N.56005'40"W. 36.15 feet to a point lying on the said West line of the NWI/4 of Section 13 and lying on the said centerline ofS. Linder Road; Nursery Sub ANNEXAI"ION d~5cripti{]n 0614061mm.doc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 Thence leaving the said centerline of the Kennedy Lateral, N.OOOOO'35"W. 86.73 feet (formerly 87.42 feet and 85.34 feet) along the said Weslline of the NWI/4 of Section 13 and along the said centerline of S. Linder Road to tbe POINT OF BEGINNING. Said parcel contains 5.59 acres, more or less, and is subject to all exi,ting easements and right-of-ways ofrecord Or implied. eP:ft"pjROYA~ MERIOIAl'l PUBLIC WORKS OEP1. Nursery Sub ANNcXA'tION d~scrlplion O/j 140tilmm,c1oc Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF ruL Y 20,2006 I ~ ~I: 1 >t~lc ! ~ ~j 0 I II ~ ~!. I .. *-\-:;-rlfiI J~S- 18<'-" .~ ----- - - - _lI3CINn '81_ NIlJSWIIIf'Iliia.Y,lS33~ ~ Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20,2006 D. Required Findings from Zoning Ordinance 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 sball make the following findings: 1. 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-8. Staff 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 this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that single-family residential uses are allowed within the requested zoning district of R-8 as a Principally Permitted Uses. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff 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 determining this finding. 4. The map amendment sball not result in an adverse impact upon tbe delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. 5. The annexation is in tbe best of interest of the City (UDC II-SD-3.E). Staff finds that all essential services 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; and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that Annexation and Zonine: of this property to R-8 would be in the best interest ofthe City. 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: 1. The plat is in conformance witb the Comprehensive Plan; Staff finds that the proposed application is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed density and proposed plat layout, with Exhibit D CITY OF MERIDIAN PLANNING DEP ARlMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services can be made available to accommodate the proposed development. (See Finding Items 3 and 4 above under Annexation Findings for more details. ) 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 own cost, staff 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 Exhibit B, Agency Comments and Conditions, for more detaiL) 5. The development will not be detrimental to the public health, safety or general welfare; and Staff 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 considers 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 environmental problems of which staff is unaware. 6. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic, or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or dlllnage 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 of which staff is unaware. Exhibit D q\d Joint School District No.2 911 Meridian Road · Meridian, Idaho 83642 . (208) 855-4500 . Fax (208) 888-6700 SUPERINTENDENT Dr. Linda Clark I, . -""-"" ~~., , ~ ,',. .,1i:'" August 1 0, 2006 . '.< '\i ,'~~~: 2C~aG ..~.- " ! ':. " :~~. '. . , .:-..., " ,. . , c.= :~-:~: !,' ,.'-'L,. ~.,., \'~ ...-... ,_.. City of Meridian 660 E. Watertower Lane Suite 202 Meridian, ill 83642 Dear Planners: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of the Nursery Subdivision will have a significant impact on school enrollments at Peregrine Elementarv. Meridian Middle and Meridian High School. We can predict that these homes, when completed, will house six (6) elementary aged children, eight (8) middle school aged children, and five (5) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 855-4500. Since~t.R lkJ 4~ ~i7Ad ~~~~ WendefB1~( Building & Construction Manager Aug. 24. 2006 3:18PM No. 5435 p, 1/12 ""'.~-. ~.~-r"""" '-;!i~ e. (k~ut1;, ~ John S. Franden, President Carol A, McKee, 1st VIce President Dave Bivens, 2nd Vice PresIdent Sherry R. Huber, Commissioner Rebecca W. Arnold, CommissIoner August 22. 2006 To: Gary Fors 843 Lilac Street Meridian, 10 83642 RECEIVED AUG 2 4. 2006 SUbject: MPP-06-036 I MAl-OB-03B Nursery Subdivision 570 South Linder Road City of Meridian City Clerk Office On August 22. 2006, the Ada County Highway District acted ,on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street Improvements, which are required. If you have any questions, please feel free to contact me at 208-387.6174. Ryan MoD nlel Planner I Right-of.way & Development Services Ada County Highway District CC: Project file, Utilities City of Meridian JJ Howard 1530 East Commercial, #109 Meridian, 10 83642 Ada County Highway District - 3775 Adams Street. Garden CIty, 10 · 83714 . PH 208.387.6100 . FX 345-7650 _ www.achd.ada.ld.us Au g, L4, LUUb j: 1 ~PM Project/File: Lead Agency: Site address: Staff Leyel Approval: Owner/Applicant: Representative: Staff Contact: Tech Review: No, 5435 p, 2/12 ~~;;.~Right-O.f-Way & Development Services Department .cttfIf' -.....~. ~ ~ Oo--arutt; ~ Nursery Subdivision MPP-QS-Q3S/ MAZ..o6-038 This is a Preliminary Plat Subdivision / Annexation and Zoning applicat/on for 25- residential lots and 3 common lots on 5.53 sores CIty of Meridian 570 South Linder Road August 22. 2006 Gary Fors 843 Lilac Street Meridian, Ie 83642 J.J. Howard 1530 East Commercial #109 Meridian, 10 83642 Ryan McDaniel Phone: 387-6174 Email: rmedaniel@achd.ada.ld.us August1S,2006 Application Information: Acreage: 5.53 Current Zoning: RUT Proposed Zoning: R-8 Residential Lots: 25 Common Lots: 3 A. Findings of Fact Existing Conditions 1. Site Information: The site is currently used by a single family dwelling for agricultural purposes. 1 RUG 24 '06 16:46 ".-"ji:~' 'f .;,,;;i~~. j::< I' ~~~;t'" '.'~~:"~~; /~~i:/~'<~-~;:'~:;,~::"':~r~I~)i~: r: - ,.r]')~'~:I'" ',/. .- '1.$- 1~~~m;(;':''i't 4 ,?<"': ;;";'::;:~I~~,,~ ~ .... I ( : "..(" ;:1' ~ '11, '" 1 f1~ !-~..t.(< ,: ."':I'j~' ~.~::-~ V'/~I: . J . 'I - i) '. ':"h..J'""'" ,'I <' ',"1 ,""-:<:; -:-m~'-- I '~:"'1 . ljY~_'. ." l!:'.".j,"_~ '~,l' '"I~ ,..,... ,. ,'., .~.' ....,. "<'1,, "~~'I' 9", ... :If' ':0 1"'I...~.,.~f1) ',,/. ~. I. I ~rL .. , I~.a '" .,.", "~'J-iI..J;! '. _. I ~~ (ii, , .. !ill: .".:'" " " $.::: ';/'. . ."...~~::"-' . ;,r;" i' ~I:~,; '~';/";;'h~~~~,r'i::,:;".;~t: !II' ',f'", ....i?'.,~ ,; , "', 'I>' : "","" '1'," I', "~~' " i'.. ':',,, ~:,:f'~ ....;.., ,;,~.!/,;.. 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Existing Roadway Improvements and Rlght"of-Way Abutting or Noar the Site: South Linder Road is currently improved with 2-traffic lanes, 2B-feet of pavement with curb, gutter and sidewalk abuttIng the site. There is 55~feet of right..of.way existing for South Linder Road (3D-feet from centerllne). Franklin Road is currently improved wIth 5-traffic lanes, 67..feet of pavement with vertical curb, gutter and sidewalk abutting the site. There is 82.feet of right-of-way existing for Franklin Road (41-feet from centerline). South Tylee Way is currently improved with 2-traffic lanes. 34-f99t of pavement with curb, gutter and sidewalk abutting the site. There is 50-feet of right..of-way existing for South Tylee Way. 4, Existing Access: There is one defined access poInt to Linder Road and one defined access to Tylee Way from this property. 5. Site History: ACHD has not previously reviewed this site for a development application. Development Impacts 6. Trip Generation: 7. Impact Foes: This development Is estimated to generate 240 addItional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Single Family Detached Dwelling land use designation. There will be an Impact fee that is assessed and due prior to Issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that Is In effect at that time. 8. 9. Traffic Study: A traffic impact study was not required with thiS application. lmuacted Roadwavs: Roadway Frontage Functional Traffic Count Level of Speed Classification Service. Limit South Linder 264.Feet Minor Arterial 6,732 south of Better than 35 MPH Road Franklin Road on II C" 10/12/05 Franklin Road O-Feet Principal Arterial 9,018 east of Ten Better than 35 MPH Mile Road on 4/28/04 "C" 5,351 west of Meridian Road on 8/25/04 South Tylee 50-Feet Local Residential N/A Acceptable 20 MPH Way planning threshOld for this Road is 2000 ADT 2 AUG 24 '06 16:46 Nur&ery SubdivIsion PAr.1= Vl"l Aug. 24. 2006 3:19PM No. 5435 P. 4/12 trAcceptable level of service for a two~'ane minor arterial roadway Is "0" (14,000 ADT). "Acceptable level of service for a fJve~Iane principal arterial roadway is "0" (33,000 ADT), 10. Capital Imp rove menta Plan/Five Year Work Program There are currently no roadways, bridges or intersections In the general vicinIty of the project that are currently listed In the Five Year Work Program. The Capital Improvements Plan identifies the South Linder Road and '-84 overpass as an upcoming project. ' B. Findinas for Consideration 1. South Linder Road District Right-of-Way Policy: District polley requires 9S-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right.of. way allows for the construction of a 5-lane roadway with curb, gutter. 5-foot concrete detached sidewalks and bike lanes. District Sidewalk POlicy: District policy requires 7-foot wide attached (or 5-foot detached) concrete sidewalk on all collector roadways and arterial roadways (7204.7.2). Applicant Proposal: The applicant does not propose right-of-way dedication or roadway improvements to South Linder Road. The applicant has not indicated direct lot access to Linder Road from Lot 20. Starr Comment/Recommendation: The applicant)s required to dedicate 48-feet of right.of.way from the centerline of Linder Road. an additional 1 a-feet. ACHD will purChase the additional right-of-way to be dedicated and will not compensate for the existing right-of-way. The right-of..way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to Issuance of a building permit (or other required permits), whichever occurs first. The applicant Is not required to construct a second sidewalk on South Linder Road. The applicant may utilize the existing roadway Improvements. 2. Internal Public Roadways District Street Section and Right-of-Way Policy: District policy 7204.4.2 states, -developments with any buildable lot that is less that 1-acre In size will typically provide streets having a minimum pavement width of 32-fget with curb. gutter and sidewalks, The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may be allowed. depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more In whIch case the sidewalk shall be a minimum of 4~fget In width. District Knuckl. Polley: District poliCY District policy 7202.7 and 7207.5 and the local Fire District standards require an Island wIthIn a knuckle to be constructed with the island being a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic Island should maintain a minImum of a 29.foot street sectIon, The desIgn should be reviewed and approved by ACHO's Development staff. 3 Nursery Subdivision AUG 24 '06 16:47 cor:c "'" Au g, 24, 2006 3: 19PM No, 5435 p, 5/12 Applicant Proposal: The applicant proposes to construct a 36-foot street section within 50..teet at right-of..way complete with curb, gutter and 5*foot attached concrete sidewalk. The applicant proposes to construct a knuckle at the western terminus of Katsura Street. The applicant proposes to utilize the knuckle as the turnaround. staff Comment/Recommendation: The applicant's proposal for the internal street section Is approved with this application as proposed. The applicant Is required to construct a standard cul-de-sac turnaround at the terminus of Kstsura Street and extend the right-or-way to the south property line. The applicant is requIred to construct curb, gutter and sidewalk around the cul-de-sac, except for at the location of the stub street listed below. The applicant Is required to work with Development Review staff to accommodate drainage for that particular portion of the roadway where the stub street Is located. The applicant is required to access the newly created public streets for access to the public transportation system. The applicant is required to close all existing access to Linder Road (including lot 20) and access the internal public streets. 3. Stub Streets District Stub Street POlicy: District' policy 7203.5.1 states that the street design in a proposed development shall cause no undue hardship to adjoining property. An adequate and convenient access to adjoining property for use In future development may be required. If a street ends at the development boundary, it shall meet the requirements of sub section 7205, "non-continuous streets." District policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation or to prOVide access to adjoining properties, Stub streets will conform with the requirements descrlbed In Section 7204.5, 7204,6 and 7204.7, except a temporary cul-de~sac will not be required if the stub street has a length no greater than 150-fee1. A sign shall be Installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE", Applicant Proposal: The applicant proposes to extend a stub street Into the site from the south, South Tylee Way, located approximately 200-feet west of the east property line (measured property line to centerline). The applicant proposes to construct a stub street to the south, Katsura Street, located approximately 130..feet east of the west property line (measured property line to centerline). This stub street shall align with and connect to a future street to the south of the subject site. The applicant proposes to pipe the Kennedy Lateral to the south allowing for the stub street to be extended to the property line. Staff Comment/Recommendation: The applicant's proposals for South Tylee Way and Katsura Street Is approved with this application as proposed. Construct a 36..foot street section within 50-feet of right-of-way complete with curb, gutter and 5-foot attached concrete sidewalk for Katsura Street and South Tylee Way. 4. Piping the Kennedy lateral The applicant should pipe the Kennedy Lateral as proposed allowing fot the future extension of the stub street, Katsura Street, and the future construction of sidewalk on Linder Road to the south, DistrIct staff is supportive of the application's proposal for piping the Kennedy Lateral. 4 Nursery Subdivision AUG 24 '06 16:47 ~Clr::1= (;le: l"Iug.L't. LVVO ):IHlVI I~o, ~4j~ r. b/ I L 5. Driveways District Driveway Policy: Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District pOliCy, 7207.9.'. the applicant should be required to pave the driveway its full width $nd at least 30.feet into the site beyond the edge of pavement of the roadway and Install pavement tapers with 15.foot radii abutting the existing roadway edge. District Driveway Width POlicy: District Driveway Offset Policy: District policy 72-F4 (1) and 72.F4 (2), requires driveways located on local residential roadways to offset a controlled and/or uncontrolled Intersection a minimum of 50-feet (measured near edge to near edge). Applicant Proposal: The applicant has not specifically identified the location of any driveways on the Preliminary Plat application or site plan. staff Comment/Recommendation: Staff understands that the driveway locations are to be determined at a later time. The applicant is being provided the current policy in effect at this time and is directed to work with ACHD Construction Services staff In attaining driveway approach permits. 6. District Tree Planters District's Tree Planter Width Policy prohibits all trees in planters less than 6.feet in width. In addition to prohibiting trees in planters less than 6-feet In width, the policy requires a minimum planter width of 6-feet for class II tress with the installation of root barriers on both sides of the planter strip or a minimum planter width of 8-feet without the Installation of a root barrier. The policy also requires Class I and Class III trees to provide a minimum planter width of 10-feet. Applic:ant Proposal: The applicant has not speCifically Identified trees On the Preliminary Plat application or site plan. Staff Comment/Recommendation: Staff understands that the use Of trees may be determined at a later time. The applicant is being provided the current policy in effect at this time and is directed to work with Development Review Staff in regard to potentially planting trees in the public right..of-way. 7. Other Access LInder Road is classified as an arterial roadway: all access points to Linder Road will be closed: direct lot access to Linder Road is prohibIted and should be noted on the final plat. The applicant is required to close all existing access to Linder Road (including lot 20) and access the Internal public streets. c. Site S..o8clfic Conditions of Aeproval 5 AUG 24 '06 16:47 Nursery Subdivision PAGE. 06 ~ug, H. iUUb j: iU~M No. :>43:> P. 7/12 1, Dedicate 48~feet of rI9ht~of-way from the centerline of Linder Road, an additional 18-feet. ACHD will purchase the additional right-of-way to be dedicated and will not compensate for the existing right~of-way. The rlght.of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. 2. Construct a 36~foot street section withIn 50~feet of right~of.way complete with curb, gutter and 5~foot attached concrete sidewalk for Katsura Street. 3. Construct a standard cul-de-sac turnaround at the terminus of Katsura Street. Construct curb, gutter and sidewalk around the perimeter of the cul-de.sac except for the stub street location, 4, Extend a stub street into the site from the south, South Tylee Way, located approximately 200-feet west of the east property line (measured property line to centerline). Construct a 36-foot street section within 50-feet of right..of-way complete with curb, gutter and 5-foot attached concrete sidewalk for South Tylee Way. 5. Construct a stub street to the south, Katsura Street, located approximately 130-feet east of the west property line (measured property line to centerline). This stub street shall align with and connect to a future street to the south of the subject site. 6. Linder Road is classified as an arterial roadway: all access points to Linder Road will be closed: direct lot access to Linder Road Is prohibited and should be noted on the final plat. The applicant is requIred to close all existing access to Linder Road (Including lot 20) and access the Internal public streets. 7. Comply with all Standard Conditions of Approval. D. Standard Conditions of Agproval 1. Any exIsting irrigation facilities shall be relocated outside of the rlght-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 Constructlon Services at 387.6260 (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 367-6258 (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 applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6 Nursery Subdivision AUG 24 '06 16:48 PAGE. 07 1-\ U g, L't. L V V tl j : LV nVI No, '43' ~,~/ 1 L 8, The applicant shall submit revised plans for staff approval, prior to Issuance of building permit (or other required permits), which incorporates any required design changes. 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 Is 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 OIGLINE (1~600-342-15B5) at least two full business days prior to breaking ground within ACHD right-at-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, regulatlons, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District ot its intent to change the planned use of the subject property unless a waiverlvariance of said requirements or other legal relief is granted pursuant to the law In effect at the time the change in use is sought. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are Intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity Impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3, Appeal Guidelines 4, Development Process Checklist 7 RUG 24 '06 16:48 Nursery Subdivision PAGF".ViR Mug, L't. LVVQ j: LVrlVI No. J4jJ P. ~/lL 8 AUG 24 '06 16:49 Nursery Subdivision PAGE. 09 i'lug, L'f: LUUO j:LlrlVI I'a II ,_ I) II I. , I I ,- J 9111 .hfu'hUlu!'1 r ,,'lIii IHuf ~llltl +~ '1/l!ft'l II ./~'f t f)oiB11U) I J>f II I laU I I\;r~ I I I I I 1-_- I II I : -.".----li I 'I I I I I ,_" ".h_+~_ \ \ . \ l I I I , i'~ . / / / 1 'ON ~IIM ~ , " "... " / .. I I ",I 9 Allri ::'4 '1iIF; 1 F;: 4Cl No, ?4j? r. 1 VI 1L I/W ~m 11m \ \ -t\--_~I \ \ \ \ I ',,- j \ II v \ \ \ \ I \ I \1 J , :t:-f-- ' i I::ii .,. i. :. =,i' , I , ' I: I = I t i .. Ii , J f: irj ,~.;! I I!f ;ir B 1111 I ~" I ' II : _'5,. !I~ If I ' I, 'if u: d III 03 I, ~., . '11. or. :1:, : '1,1. ". ~ !I!!r,..d-IIO.I:,,! !d ! ;1 :f!' .: ~I ~ ! ! ! : ~ Nursery Subdivision or.r:c 1fA !-Iug.H. LUUD j:LlrlVI No. J4jJ r, 11/1L Request for Appeal of Staff Decision 1. Appall of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously In the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The CommissIon may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that 1$ the subject of the appeal. The notice of appeal shall rafer to the decision being appealed, Identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall Include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply wIth the provisions of this subsection, C. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing, e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action Is adequatelY supported by the law and evidence presented at the hearing. 10 Nursery SubdivIsion AUG 24 '06 16:49 PAGE. 11 1'1 u ~. ,'t, i. V V U ) ; L.t.r IV'--'= I~o, ''1- j' r. I LIIL II Development Process Checklist =- ] r8lSubmit a development applioatlon to a City or to the County t81The City or the County will transmit the development application to ACHD ~The ACHO PlannIng Review Division will receive the development application to revIew C8:1The PlannIng Review DivisIon will do 2Q! of the following: OSend a "No RevIew" letter to the applicant stating that there ara no site specific requirements at this time. OSend a "Comply With" letter to the applicant stating that if the development Is within a platted subdivision or part of a previous development application and that the sIte specific requirements from the previous development elso apply to tl1ls development application, ~Write e Staff Level report analyzing the Impacts of the Qevelopment on the transportation system and evaluating the propoaal for Its conformance to District Policy, OWrlte a Comml8Glon Level report analyzing the Impacts of the development on the transportation system and evaluating the proposal for Its confonnance to District Polley. ~The Planning Review DivisIon will hold a Technical Review meeting for all Staff end CommissIon Level reports. DFor ALL development applications, Including those receIving a "No Review" or "Comply With" letter; · The applicant should submit two (2) sets of engineered plans directly to ACHD for revIew by the Development Revlaw DIvision for plan review and assessment of Impact fees. (Note: If there are no site Improvements required by ACHD. then archItectural plane may be submitted for purposes of impact fee calculation.) · The applicant IS required to get a permit from Construction Services (ACHD) for ~ work in the right-of-way. including, but not limited to, driveway approachea, street Improvements end utility cuts. DPay Impact Fees prior to issuanee of building permit. Impact fees cannot be peld prlor to plan review approval. DID YOU REMEMBER"? Construction Zone o Driveway or Property Approach(l) · Submit a "Driveway Approach Request" form to Ada County Highway DIstrict (ACHO) Construction (for approval by Development Services & Tramc Servleee), There Is a one week turnaround for this approval. o Working In the ACHD Rlght.of.Way · Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Conetructlon - Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench Is >50' or you are piecing >600 d. of concrete or asphalt. Construction (SUbdIVIsions) o SedIment" Erosion SubmIttal · At least one week prior to setting up a Pre-Con an Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, must be tumed into ACHD Construction - Subdivision to be revlewed and approved by the ACHD Stormwater DivIsion. o Idaho Power Company · Vie Steelman at Idaho Power must have his JPCO approved set of subdivision utility plans prior to Pre-Con being scheduled. o Final Approval from Development Sarvl,a. ACHO Construction - SubdivisIon must have received approval from Development Services prior to scheduling a Pre..con. 11 Nur&ery Subdivision AUG 24 '06 16:50 PAGE. 12