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HomeMy WebLinkAboutWhitebark Subdivision AZ-06-044 PP-06-046 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER RECEIVED DEe 0 6 2006 ~.. 0 . eridian . . k Office ~O /ITTYllf' 1ti ' "-/YL(}ridian' .. '\~ \ H),\HO I ~., /c- ~l.""~),,,,,j .~~~~.. 'a In the Matter of Annexation and Zoning (AZ) from RUT to R-4 AND Preliminary Plat (PP) approval of 48 building lots and 8 common/other lots on 19 acres, for Whitebark Subdivision, by Dan Wood. Case No(s): AZ-06-044 and PP-06-046 For the City Council Hearing Date of: October 17,2006 (continued to October 24, November 8, November 21, and November 28,2006, with findings on the December 12, 2006 City Council consent agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 17,2006 incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 17,2006 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 17, 2006 incorporated by reference) R Conclusions of Law 1. Thc= City uf Mc=riuian shall c=xc=rcisc= the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The cunditiuns shall be reviewable by the City Council pursuant to Meridian City Code S 11-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 - PAGE 1 of 4 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall bc= signc=d by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of October 17, 2006 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S Il-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated August 3,2006 is hereby conditionally approved; 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of October 17, 2006 incorporated by reference. D. Notice of Applicable Time Limits (as applicable) 1. Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within twu (2) yc=ars ufthc= approval uftht: prdiminary plat or unc= (1) year ufthe combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approvaL Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as detennined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 - PAGE 2 of 4 final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is herehy notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 17,2006 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-044 / PP-06-046 - PAGE 3 of 4 By action of the City Council at its regular meeting held on the /2 -r!;; day of ~"'J W'-'" ' 2006_ COUNCIL MEMBER SHAUN WARDLE VOTED~ VOTED r VOTED~ VOTED~ COUNCIL MEMBER JOE BORTON COIJNCTL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD TIE BREAKER MAYOR TAMMY de WEERD VOTED -- MA~/ -,'-i,";.:,;,c,' \ \ \ \ \ II' 1111/11////1 ATTEST:';:~-' "",\~ ~ ~~lllll...... $' cY ~ ~1-- ....... /.. g ~r~o % ~~:~~ i a.. , f SEAL \ WILLIAM G. BERG.~l.""Crfy CLERK~.. ,f?, J c;._~ '\ D~. -:;.. '6 '-~:r 151: . ~ ~ / . ~...... ':If ,C\'t' ,,!:' Copy served upon: V Appl1cant '-->,- CO( "UTi ' '" \.~' . / 10 'I" \", v Planning Departmc::ftt/II" , " ,,' \ \ \ V Public Works Department v City Attorney BY:~~ City Clerk's Office Dated: \.;l ~d 0 - OLD CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ.06-044 / PP-06-046 - PAGE 4 of 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 STAFF REPORT TO: Hearing Date: 10/17/06 Mayor and City Council ,. r-... U /' my ~ .fJfIS . "-/YLtfridi:n'i; \ \ llJ.\HO J '~ /" '". FROM: Justin Lucas Associate City Planner Meridian Planning Department 884~5533 SUBJECT: Whitebark Subdivision . AZ~06~044 Annexation and Zoning of 19 acres from RUT (Ada County) to R~4 (Medium Low.Density Residential) zone . PP~06~046 Preliminary Plat of 48 single-family building lots and 8 common lots on 19 acres in a proposed R~4 zone 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Dan Wood, has applied for Annexation and Zoning (AZ) of 19 acres from RUT (Ada County) to R4 (Medium Low~Density Residential) and Preliminary Plat approval of 48 single family residential lots and 8 common lots for the Whitebark Subdivision. The site is located on the south side of Amity Road approximately half way between Locust Grove and Eagle Roads in Section 32, Township 3 North, Range 1 East, and is cunently referenced as Assessor's Parcel Numbt:r 81132212600. 2. SUMMARY RECOMMENDATION The subject applications (AZ.OG.044 and PP~06~04G) were submitted tu 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. Staff is recommending approval of the proposed Whitebark Subdivision (AZ.06.044 and PP.06-046) with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannine and Zonin!! Commission heard these items on Sentember 21, 2006. At the nubUc hearine they moved to recommend annroval. a. Summary of Commission Puhlic Hearin2= i. In favor: Kent Brown. Dan Wood ii. In opposition: None iii. Commenting: None iv. Staff presenting application: Justin Lucas v, Other staff commenting on application: Caleb Hood b. Kev Issues of Discussion bv Commission: i. Design of cul.de.sac/hammerhead at the tenninus ofthe proposed South Limber Pine Street c. Kev Commission Chan!!es to Staff Recommendation: i. None d. Outstandine; Issue(s) for City Council: i. None The Meridian Citv Council heard these items on October 17. October 24. November 8. November 21. and November 28.2006. On November 28. 2006. Citv Council 8ooroved the subiect annlications. with chan2es. Whitebark Subdivision AZ-06-044, PP-06-046 PAGEl CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 .lL. Summarv of Citv Council Public Hearinl!: i. In favor: Kent Brown, Dan Wood ii. In oonosition: None iii. Commentinl!: Nq.!l~ iv. Written testimonv;J~io.ne v. Staff oresentinl! aooliqation: Anna Borchers Canni~ vi. Other !'\taff commentimr on.-apnlication: None b.. Kev Issues of Discussion bv Council: i. - Desi!!l1 of the cul-de-sac/h!lll!llerhead at the tenniIUlS..llLSillJJh Limber..Eiill; ~ ii. - The amount of usable ooen soace nrovided in the subdivision. .to Kev Council Change" to Commi""ion Recommendation: i. - Removed condition 1 .2.6. which r..e.u:ui.m.d..the._avJ1likID1Lw use a cul-de-sac in- stead of the nronosed hammerhead at the tel1!rinus of South Limber Pine Street. 3. PROPOSED MOTIONS Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ- 06-044 and PP-06-046 as presented in the Staff Report for the hearing date of October 17, 2006, with the following modifications to the conditions of approval: (Add any proposed modifications. ) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-06- 044 and PP-06-046 as presented during the hearing on October 17, 2006, for the following rt:asum;; (Statt: spt:dfil,; rt:asons for "h:uial of the annexation anU/ur prdimiuary plat rt:qut:sL) Continuance After considering all staff, applicant and public testimony, I move to continue File Numbers AZ-06-044 and PP-06-046 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: 2135 E Amity Road Section 32, T3N, RIB b. Applicant / Owner: Cindy K. Lewis Trust 9754 W. Milc1ay Street Boise, ill 83704 c. Representative: Kent Brown, Bailey Engineers d. Present Zoning: RUT (Ada County) e. Present Comprehensive Plan Designation: Low Density Residential f. Description of Applicant's Request: Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 1. Date of Preliminary Plat (attached in Exhibit A): August 3,2006 2. DatI;; u[Lamlscape Plan (attached in Exhibit A): August 4,2006 g. Applicant's Statement/Justification: I believe the design of the Whitebark neighborhood meets thc= needs of the goverrunental agencies reviewing this application. The neighborhood design provides for quality of life in affordable design. The following design elements are present in the Whitebark Neighborhood: 1. Whitebark has created a pedestrian friendly environment for the future residents with the short block lengths and street design that will not encourage drive through traffic_ 2. Whitebark has larger lots for homebuyers that may want shops in their back yards. 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 4, 2006, and September 18, 2006 (Planning Commission); September 25,2006 and October 9,2006 (City Council) d. Radius notices mailed to properties within 300 feet on: August 25,2006 (Planning Commission); September 22, 2006 (City Council) e. Applicant posted notice on site by: September 11, 2006 (Planning Commission); October 7, 2006 (City Council) 6. LAND USE a. Existing Land Use(s): Rural Single Family Residential/Agriculture b. Description of Character of Surrounding Area: Rural land uses and some single family homes. Much of the land to the north has already been annexed in to the city and zoned for residential uses. This area is in transition from rural to urban. c. Adjacent Land Use and Zoning: 1. North: Rural Residential/Agriculture zoned RUT (Ada County). 2. East: Rural Residential/Agriculture zoned Rl (Ada County). 3. South: Rural Residential/Agriculture zoned RUT (Ada County). 4. West: Rural Residential/Agriculture zoned RUT (Ada County). d. History of Previous Actions:. N/A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is master planned to sewer to a trunk main located in Messina Meadows. Location of water: This property is proposing water service to future mains installed in Amity Road. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 Issues or concerns: 1.) Main size and routing. 2.) This property is currently not serviceable. 3.) Depending on the applicants timelines an "Off-Peak Pumping Station" may be required. 2. Vegetation: N/ A 3. Floodplain: N/A 4. Canals/Ditches/Irrigation: No major facilities are located on this site. 5. Hazards: N/A 6. Proposed Zoning: R-4 7_ Si7.e of Property: 19 acres f. Subdivision Plat Information: 1. Residential Lots: 48 2. Non-residential Lots: 0 3. Total Building Lots: 48 4. Common Lots: 8 5. Other Lots: 0 6. Total Lots: 56 7. Open Lots: 0 8. Residential Area: 19 acres 9_ Grm;s Density: 2.52 units per acre 10. Lot Sizes: Lot sizes range from approximately 10,000 square feet to 15,827 square feet. g. Landscaping: 1. Width of street buffer(s): 25 feet along Amity Road. 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 1.44 acres (7.6%) 4. Other landscaping standards: Landscaping adjacent to micro-paths should comply with UDC 11-3B-12. h_ Proposed and Required Residential Setbacks: As per the R-4 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 the proposed South Whitebark Street which connects to Amity Road. Beyond this access point the applicant has proposed three different stub streets East Bird Pine to the west, East Scrub Pine to the East and South Whitebark to the south. The applicant is also proposing eight foot parkway planters with tour toot detached sidewalks along all ofthe proposed streets. In general staffis supportive of the street layout and design. 7. COMMENTS MEETING On September I, 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 Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER] 7,2006 and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre (see Page 95 of the Comprehensive Plan.) The proposed Preliminary Plat includes 48 residential building lots on 19 acres for a gross density of 2.52 dwelling units/acre. City Council finds that the proposed development is in general compliance with the Comprehensive Plan. The following Comprehensive Plan policies apply to this application: . 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 sen,ices to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). . The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Libraty District should suffer no revenue loss as a result of the suqject 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 Servit.;es, 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. Whitebark Subdivision AZ-06-044, PP-06-046 P AuE 5 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 Staff is supportive of the proposed pedestrian connection to Amity Road via the proposed sidewalks, as well as the proposed stub streets provided to the west, east and south, which will provide for pedestrian connectivity with future developments in those areas. . Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the surrounding developments are compatible with the proposal. . Chaptcr VII, Goal IV, Objcctivc C, Action 10 - Support a varicty 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 subjec.:t applic.:atiun inc.:/udes a request fur the R-4 zuning designatiun with a prupused density of2.56 d.u./acre. Staffjinds that the requested zoning designation is generally consistent with the Comprehensive Plan designation for this site and. due to the larger lot sizes. will add to the variety of housing offered in this area of the city. . Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intexvals to enhance connectivity and better traffic flow. Three stub streets will provide cross-access with the properties to the west, east and south when they develop. 9. UNIFIED DEVELOPMENT CODE a. Zoning Schedule of Use Control: UDC ll-2A~2 lists single-family developments as a Permitted Use in the R-4 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the 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: UDC ll-6C-3D describes the standards for common driveways. All conunon drives proposed by the applicant should meet the standards as described in the UDC. These standards are listed below: 1. Maximum dwelling units sexved: Common driveways shall sexve 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 capablt: uf supporling fin; vt:hides and equipment. 5. Abutting properties: Unless limited by significant geographical features, all properties that abut a common driveway shall take access from the driveway. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 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 ANNEXATION AND ZONING ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. While currently this property is not contiguous to the City of Meridian corporate boundary, there is another proposed annexation (Cottswold Village Subdivision, AZ-06-042, PP.06.044) that if approved would create an annexation path for this property. Due to this concurrent application staff was able to process thc rcqucst for annexation made by the applicant with the understanding that annexation of the property would be contingent upon City Council approval and signature of the annexation ordinance for the Cottswold Village Annexation. The annexation legal description submitted with the application (prepared on May 3,2006, by D. Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of tht: City uf Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06.042, PP.06- 044) annexation application. Special Considerations: Development Agreement UDC 11-5B-3.D.2 and Idaho Code S 65-67llA provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that does not negatively impact nearby properties. Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attomey, Bill Nary, at 888-4433 to initiate this process. The DA shall incorporate the following: . That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any Whitebark Subdivision AZ-06-044, PP.06-046 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . That all future development of the subj ect property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. . That the applicant will be responsible for all costs associated with the sewer and water service extension. . That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5~7~5l7, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. . That the following shall be the only allowed uses on this property: detached single family homes and allowed accessory uses of the R-4 zone. . That a maximum of 48 units will be constmcted on this site. . That prior to issuance of any building permit, the subj ect property be subdivided in accordance with the City of Meridian Unified Development Code. . That a street buffer, constructed in accordance with City Code, be installed along Amity Road prior to occupancy of any ncw dwclling units. . That the Cottswold Village Subdivision (AZ-06-042, PP-06-044) annexation ordinance receives approval and signature from the City Council thereby creating a path of annexation for the proposed Whitebark Subdivision. 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 Jensen Re1t~ A~~Clciate~, on R-4-0n, is approved with the following modifications/notes: . Per UDC ll-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. . Thc proposcd micro pathways shall be constructed in accordance with UDC 11~3A-8. All landscaping adjacent to the pathway shall meet the requirements outlined in ll~3B-12. . Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. . Per UDC 11-3B-10, 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 fmal plat application(s). Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 Common Areas / Open Space~ The applicant is proposing to set aside approximately 7.6% (1.44 acres) of the site as common usable open space. The majority of this open space is located in the parkways adjacent to the streets and one micro-pathway. Even though the open space provided meets the minimum requirements, Staff is concemed about the lack of a common neighborhood gathering area such as a small park or picnic area. Maintenance of all common areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. 8tub Streets~ The applicant should be required to provide public stub streets to the Huffman property to the west (Parcel #81132212650), the Warrick Property to the east (Parcel #81132121100) and the Providence property to the south (Parcel #Sl1322447l5) as proposed. Parcel No. 81132212540 and S1132212510~ As proposed, the applicant is not proposing to provide access to the two out parcels to the northeast ACHD is requiring the applicant to dedicate right-of-way along the entire length of the out parcels located to the northeast abutting thc proposed entry road. Staff is supportive of ACHD' s requirements because it will help these parcels redevelop in the future without having to take access off of Amity Road. Existing Residences/Buildings~ The site currently contains one out building. All existing buildings shall bt: rt:muvt:d1re-located in accordance with the building setbacks of the R-4 zone, prior to signature of the final plat by the City Engineer. Hammerhead~ Both the Fire Department and ACHD are not supportive of the hammerhead that is located at the terminus of South Limber Pine. Both of these agencies recommend a standard cul-de-sac design. Staff supports these other agencies and believes that a standard cul-de-sac would be more appropriate for this location. 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 surtace or well source is not available, a single-point cormection to the culinary water system shall be required. If a single-point cOIll1ection is utilized, the developer will he 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 ODC 11-3A-15 and MCC 9-1-28. Fencing;. Six foot solid fencing is shown on the landscape plan around the perimeter of the project Four foot fencing is shown adjacent to micro pathways. 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 be installed around the pcrimctcr prior to issuance of a building pennit. 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. All fencing shall be installed in accordance with UDC 11- 3A -7. Ditches, Laterals, and Canals;. As per UDC ll-3A-G, all irrigation ditches, latt:ral:s ur canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 b. Staff Recommendation: Based on the above analysis, stafffmds that applications AZ-06-044 and PP_ 06-046 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 ExhibitB. The Meridian Planning: and Zoning: Commission beard these items on September 21.2006. At the public hearinl! thev moved to recommend approval. The Meridian City Council heard these items on Octoher 17. October 24. November 8. Novemher 21 and Novemher 2ft 2006. On Novemher 28. 2006. Citv Council annroved the suhiect aDDlications. with chanl!es. 11. EXHmITS A. Drawings 1. Preliminary Plat (Dated: August 3,2006) 2. Landscape Plan (Dated: August 4,2006) 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. Central District Health Department C. Legal Description D. Required Findings from Zoning Ordinance Whitebark Subdivision AZ-06-044, PP-06-046 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006 A Drawings I. Preliminary Plat (Dated: August 3, 2006) I 'd> ... ~-t-JT! "- i 1 (' 1- ~ '~ !i-,", ,i-! i ~I; j"Ll]~ ;1 ~ I ". "-'1'-' -. , t; .;___]',,-,: . > 'I' ,- - i., . i ~ Ii; ~:, I T'-' II ., : WI li ~'Iir" , :.!; ': ' I I ;'-! 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'" Iii:: i~: ~ Z n~. :z: > ""g ::0 ~~ !! "'-< . -~ C"tl U~:=;r g~ .;: =ii ~! ~~ .., 00 g~ z:<l ~; a ~ -~~~___......I.t.,._ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 2. Landscape Plan (Dated: August 4, 2006) ::;: I ~ ml "". - 0 :c - J> .z 0 -I J> I m 01 OJ )> ;::0 ^ (.I') C C:J 0 < Vl 0 Z lii~ U.!1l I !;' -rg. i :; Ii ~ il'l" g~ "1 "- II J 2 1'- :<1'l'" 'I j;lt '0' il ~I'l'~~~ II'S: Exhibit A @t.'~69 'lOCO! C(J J ..I~'- 111~ o l,ljJjl!B III Hli !l!ljii' 111 II I~ !IIT" ,j" .!,..,~ !'l 'IS I !'j'hl!!! Il"li < i1l1ji [ t -. ,~,,; ,ill'I.lj". I "l,'j;'! 1;11 ';:m! Ei I~I' II! ! II, !i!' jll':j' '''I :~ 'lilflili jil! mm jl' ilil !!djj \ l!l1!1 ! . Ii J' .r I : ,1 J . ' I '\ . I, hi '" I'~I miiiiii ;;ii mm ;:; i I __,....L __ _ ..__.....:.:::::__"'~ _ __ = =-=-"'1 --=-~'-= = - '"\.. ----=--.=- -""'IIr.'<-=_:-::--=---="-=..-";::.:::I~:~:-:-': .:.:.;--....:. -.'.... Jo t I ., ~~] !i ! , , ~,""""""I / I I ;~:;~- =~~=-f-----~~t.: ;;:;=d::::.-- ~l~ ! ~i= i~ i\! -]~ . H~ ~~ " '" \J ~ be.", ;= .. \ ~ ~ . t~ i! -, ~1 'F.\~,~-'f({C i\',V\I,-i~ .". '\'\."0 i\'-.'" / \1' '\../\!.'\il;.l~t,\.~\1- ,;, _? i:~'~,,:::!':,-, "1 \(~rl\j. '1'>. ~ i _ 'J./..~/.. (. / /;. :: ~ ;;;'~1\ \\'\J !, .~_ ? \'~"\~\,,\\l)' l <::"'-'" -'1 "-j ., I' <i '0 . ;i , In ~~ ., j l ,,- ,- '" 11.1 H ~~ nt !' .' ~ ;H~ I ~ ~ (,~ lj f! I !iil i11~'~ I; ill'> ,. I"~ ;:n ~,)/' 'g I:'I~ Hij'~ :'1'1 " --, i~1 I'~I "''"t,:. li~ ['J: CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 ANNEXATION COMMENTS 1.1.1 Prior to the annexation ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attomey, Bill Nary, at 888A433 to initiate this process. 1.1.2 The annexation legal description submitted with the application (prepared on May 3,2006, by D. Terry Peugh, PLS) shows the property as contiguous to the corporate boundary of the City of Meridian contingent upon approval of the Cottswold Village Subdivision (AZ-06-042, PP-06- 044) annexation application. 1.2 SITE SPECIFIC REQUIREMENTS~PRELJMINAR y PLAT 1.2.1 The preliminary plat labeled as Sheet 1, prepared by The Land Group, ualed August 23, 2006, is approved, with the conditions listed herein. All comments and provisions of the accompanying Annexation and Zoning application (AZ-06-044) and any future development agreement shall also be considered conditions of the Preliminary Plat (PP-06-046). 1.2.2 The landscape plan prepared by Jensen Belts Associates. on 8-4-06, is approved with the following modifications/notes: · Per ODC ll-3G-3B5 parkways that are used as common open space shall be a minimum of eight feet wide from street curb to edge of sidewalk and contain one class two tree for every 35 linear feet of parkway. . The proposed micro pathways 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. · Per UDC 11-3G-3A, set aside at least 7.6% (1.44 acres) of the site for useable open space, as proposed. · Per UDC 11-3B-10, the applicant should work with the City Arborist, Elroy Huff, un 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. The landscape plan is not to be altered without approval of the Planning and Zoning Department. No field changes to the landscape plan are pennitted. All standards of installation shall apply as listed in UDC ll-3B-14. Submit a landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). 1.2.3 Provide public stub streets to the Huffman property to the west (Parcel #S11322l2650), the Warrick Property to the east (Parcel #81132121100) and the Providence property to the south (Parcel #81132244715) as proposed. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER] 7,2006 1.2.4 Provide public street frontage along South White Bark Street abutting parcel munbers SI132212540 and Sl1322l25l0. 1.2.5 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removcd, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.J.8 THe El13Jllieant shall rllpllulll dill pr~~haH1lB0l'lilllui at ihll tSJ'miffilB of SIHtth l.imlHI PIns.. ith a stmaani llu1 a@ saB tHat Mllllts Fifll DllpartmllRt turmag latlllia stanaani3. 1.2.7 Maintcnancc of all common areas shall be the responsibility of the Whitebark Subdivision Homeowners Association. 1.2.8 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive uf nalural walerways, 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. Iflateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC ll-3A-17. 1.3.2 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.3.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point cOlll1edion to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC ll-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 Jor 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 final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building pennit. All fences 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 ll-6B-7. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARING DATE Of OCTOBER 17,2006 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer :servi!,;t;: tu this development is being proposed and shall be required to be via extension of an IS-inch trunk main planned in Messina Meadows. This property is currently not serviceable and the City of Meridian does not guarantee sewer-ahility in the timelines established in the UDC. 2.2 The applicant shall have to wait to sewer this property (final plat signature) until the Black Cat Trunk COlUlects to the "diverting manhole" at Glacier Springs Subdivision, or be responsible to install a temporary off-peak pumping station in a location coordinated with the Public Works Department. The station 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. Ifnew information arises from ongoing modeling exercises or other subsequent sources, then this condition may be rescinded by the City Engineer. 2_3 The applicant shall install mains to and through this development; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.4 The applicant shall be responsible to install a l5-inch sewer line through this development as shown on the preliminary plat. 2.5 Water service to this site is being proposed via extension of mains planned in Amity Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.6 The applicant shall be responsible to upgrade the water main in S. Whitebark Street to 12-inch. This is necessary to comply with the City of Mcridian's policy of 12-inch mains on the mile and half-mile. 2.7 Thc applicant shall be responsible to install sewer and water mains to the end of all stub streets proposed in this development. 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). No trees shall be allowed within the sewer easement on Lot 7, Block 4. 2.10 The applicant has indicated Nampa and Meridian Irrigation District will own and operate the pressure irrigation system in this proposed development. Therefore a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.11 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-3A-6). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point cOlUlection 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. 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. Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 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 Additional width to the public utilities, drainage and irrigation easement along the right-of way shall be dedicated where the sidewalk is located past the right-of-way. The additional width needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk. 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 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 plan approval. Iflateral 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 [mal plat. 2.19 All development improvements, including hut 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 detemnned during the plan review process, prior tu signature un 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 Al,;L 2.22 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protel,;tiuIl Agency. 2.23 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Curps ufEngineers. 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 ~O' 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 on file with Public Works prior to activation. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersectiom; and/or ftre 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 permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings will require a ftre-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Acceptance of the water supply for fIre protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 Final Approval ofthe fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 'l2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which docs not havc 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 requireIIlt:uts uf tht: IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet ofthe project. 3.4 The phasing plan may require that any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. (The proposed cul-de- sac at the north end ofN. Bright Angel Avenue does not meet the turnaround requirements.) 3.5 All entrance and internal roads, alleys, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. The hammerhead at the tenninus of South Limber Pine shall be converted into a cul-de-sac that meets emergency vehicle road way requirements. 3.6 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. 3.7 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 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 4. POLlCE DEPARTMENT 4.1 The micro paths shall be adequately lit to afford greater visibility of the site as policed from the public street. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns with the site as submitted with the application. 6. SANITARY SJ<.:RVICJ<.: COMPANY 6.1 Turning Radius: the applicant shall provide a minimum of 50 ft. turning radius. 7. ADA COUNTY HIGHWAY DISTRICT 7.1. SITE SPECIFIC REQUIREMENTS Exhibit B 7.1.1 7.1.2 7.1.3 7.1.4 7.1.5 7.1.6 7.1.7 7.1.8 7.1.9 7.1.10 7.1.11 7.1.12 7.2 7.2.1 7.2.2 7.2.3 7.2.4 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006 Dedicate 48-feet of right-of-way, an additional 23-feet, from centerline of Amity Road along the entire site frontage. Construct a 5-foot detached concrete sidewalk not closer than 41-feet from the centerline of Amity Road and provide an easement to the public for any portion of the sidewalk located outside of the public right-of-way. Construct South Whitebark Street as a local roadway located approximately 470-feet east of the northwest property line (measured centerline to property line) as a 50-foot street section within 64-feet of right-of-way, complete with vertical curb, gutter and 5-foot attached concrete sidewalk within the proposed right-of-way. Locate a center island in the entry road at the intersection of Amity Road and provide 2l-feet of pavement on all sides of the island. Dedicate right-of-way along the entire out-parcel located to the northeast abutting the proposed entry road. Construct the internal roadways as 36-foot street sections within 54-feet of rights-of-way complete with curb, gutter and 4-foot detached concrete sidewalk. Provide an easement to the public for any portion of the sidewalks located outside of the public right-of-way. Construct three knuckles within the development with center islands as proposed, with a minimum 29-feet of pavement surrounding the islands in the knuckles. Construct a standard cul-de-sac turnaround at the terminus of South Limber Pine. Construct a stub street to the east, East Scrub Pine Street, located approximately 500-feet north of the southeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the east of this site. A sign shall bc installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the west, East Bird Pine Strcct, located approximately 8JO-feet n011h of the southwest property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the west of this site. A sign shall be installed at the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". Construct a stub street to the south, South Whitebark Street, located approximately 1 65-feet west of the southeast property line (measured property line to centerline). This stub street shall align with and connect to a future roadway to the south of tIus site. A sign shall bt:: installed at the tenninus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE" . Amity Road is classified as an arterial roadway: all access points to Amity Road will be closed except the access specifically approved with this application: direct lot access to Amity Road is prohibited and should be noted on the final plat. Comply with all Standard Conditions of Approval. GENERAL REQUIREMENTS Any existing irrigatiun facilitit::s 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-uf-way. All utility relocation costs associated with improving street frontages abutting the site shall be bome by the developer. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 construction of the proposed development Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, TSPWC 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 pennits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of.way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant The applicant shall be required to call DIGLINE (1.800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in thc event any ACIID conduits (spare or filled) are comprurnist:d during any phase of construction. 7.2.12 No change in thc tcrms and conditions of this approval shall be valid unless tht:y art: 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 ufits 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 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 C. Legal Description 'Lif; , _.\- 'C'J (\ \..1 / i IDi"hO SURVEY GROUP 1.;110 f,,;,. 1'1 [1'\", : I! : J : ~.' I ! - ;.1. ;I;hlfl, I.' ., ':1.\:."1 P/,orlC' (:tI.' 1 ".'.l~\,S:; Ii' F.lX (?!1(:; :..~~.; \391! PI'Uic('1 NI.', (I()-I~-; t\-ti\ 1_ )(liir, ! .i..\wis .r"''t.no(\'~tioil DescriptiOll A poni"" of I]", ["o[ 1/2 of i1lt, h1" J 1--\ (Jf [hc NW l/Ii of Set'llOII 3~, T',1N" RI E. B.M., Ada Coullly. Idaho, morc particulady liesel iht-d as follows; COlIlJllC:l1cill,!', 'II the COlller COnUllll11 to Sections 29, 30, 3], and 32 ofTJN., R_l E., J3,M_; TIIL,IJCC .')OU[]I 89043'50" Enst, 1322_60 feet 10 tJuo Wc;o[ 1116 <':OlllerCOIIHIIDn [() saitlSccliDTlS /') ami 3L, snld point being the R'~AL POINT OF BEGINNING. Thence cOIllinlling ,dong the North bOllndary ofs"id Sc;ctiull 32 SouliI 8'/'43 ''i(l'" East, 500.72 kel; Thence Soulh 00018'40" We"t, _,'56.50 ["eet; Then~e South 89D43 '50" Easl, 160_50 feet to a po;"l Oil the Norlh-Soulh mid section lim, nf";airl,<';"cI;or\ 'On; Thence South 00" 18'40" WeSl, 980.66 feet to the eN 1/16 comBr; Thence Nonh 89Q45' 14" West, 661_99 feello a 3/lj" iron pin sd ill il cOllcrcte filled 6"><5' iron post; Thence North 00020'39" East, 1337.43 [eel 10 the Poillt of Beginning_ COlltainillf!. I Y. 0 acres, more or less_ Prepared By: Idaho Survey Group, p,c. ~CANNED TO COMPUTER FILE l:3'COPIED TO PROJECT FILE QY(;OPIED TO: K 0 D_ Terry Peugh, PLS F-rofe!;sionaf L.;;nd Surveyors Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 2006 SOO'18' 40"W ~________....aao..~________ --, SOO'18' 40"W : ~ b : r--~~--.J~ d 1 I c,,~ :3: 1001 ~ I en ~o, - n, I -l.t) ~ O~ , I--~ I l.t) N, Z .q. .- ~ 1"';1 z z 1 (n ~ .q.-O ~Z IX) m~' <-' :Z 00 I ....JW I en 1 ~~ I I Ct: 0 I ~r -----------Ncici.20.;9~------------.J i}.:~ : 1.3.37.4.3' ~ Ol N; "'!I "1~ en I en ll) ~~ j:;) I rr,::l . I . 0 en I en I.L. III I O~ ooih e~il l:l 1:11" 1%1.. C;;):.-~ I Iii" B . t_1 rz1 Sli! ." ~I I .. - _0"' -- Q'i''i' ~ - oCt ~~ 'O.ii u ~~ 0.0. = Ci iiJ~ 'C z: >- "- R G) z u G) z: .:i.....: S <Dc. = ~w l:L. ~ "-0 'u 2(1) Cl <t~ C is''' LLI z -Q ;: "" G;,. ~ ~ :i!~ ' ;:;:: ~ Z = C; ~ Z W ... 2: u Exhibit C CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17, 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 subject property to R-4. City Council finds that the proposed zoning map amendment complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that single-family residential uses are allowed within the requested zoning district of RA as a Principally Permitted Use. 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; City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when 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, City Council 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-SB-3.E). City Council finds that all essential services will be provided by the developer to the subject prope11y and will not l-equire unreasonable expenditure of publil; fUllUS. Tht: 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, City Council finds that Annexation and Zoning of this property to R.4 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 with the Comprehensive Plan; City Council finds that the proposed application is in substantial compliance with theaadopted Comprehensive Plan. City Council supports the proposed density and proposed Exhibit D CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF OCTOBER 17,2006 plat layout, with 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; City Council 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 scwcr, water, and utilities for the development at their own cost, City Council [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 Council rely upon comments from the public service providers (i.t:., Pulict:, 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 detennine 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. City Council is unaware of any natural, scenic, or historic features on this site. Therefore, City Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff IS unaware. Exhibit D