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HomeMy WebLinkAboutClearsprings Subdivision CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation and Zoning of 5.2 acres from RUT to R-4 AND Preliminary Plat Approval for 11 single family residential lots and 2 common lots on 5.2 acres, for Clearsprings Subdivision, by Mike Hill. Case No(s). AZ-06-056, PP-06-054 For the City Council Hearing Date of: January 9,2007 (Findings approved on January 23, 2007) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 9, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 9, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 9,2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 9,2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. g67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code g II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06.056 and PP-06-054 (PAGE 1 of4) 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 ifthe attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of January 9, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code g 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, dated October 4, 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 January 9, 2007, incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7 .A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-056 and PP-06-054 (PAGE 2 of4) timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 9, 2007. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-056 and PP-06-054 (PAGE 3 of 4) By action of the City Council at its regular meeting held on the t "3 r5 day of \1tJ.-1n<<~-1d- ,2007. COUNCIL MEMBER DAVID ZAREMBA VOTED ~ COUNCIL MEMBER JOE BORTON VOTED ~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED ~ COUNCIL MEMBER KEITH BIRD VOTED ~ TIE BREAKER MAYORTAMMYdeWEERD -- VOTED ~~akM' MA YQ~\..:'X:dki/WEERD . .~,~<.>:;~":, .,,~:,:::,,:;:~,:,,':::::::~~~.~,~":'\, A~TTEST: 10(<.,;:>,;", """/:~;;\\, ~~ ~ J ~~ -v":"I~ /?) ~ .A.,..........A-. _ \"(1 ("~:i , ,:;.' WI LIAM G. BERG, fJ( cuff CD RK ...'" "'\::".,,, ,,>' / () .:;. <:::~, '~~;!'i'"::",~::,~',~::'~,"'><)'i~t~,/- /;.1. t,""..~,...... , 1;(~ ~ ,,-' ,1// 'i-,_~,,: \I,~' ffcl r-l}"""! .",., Copy served upon: ~ Applicant <('"/,i.'i;~;:'J';i: ;l'<';\'>_\\\~' / Planning Department ../' .Public Works Department v City Attorney By: ~I\' 1\ ..r\/\ ~(\ li.AJ Dated: 1-,;14 -01 ~ CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-056 and PP-06-054 (PAGE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 STAFF REPORT TO: FROM: Hearing Date: 1/9/2007 Mayor and City Council Justin Lucas Associate City Planner Meridian Planning Department 208-884-5533 , ~'Trvr1F .~:"i1"""",, cndz:n . - '\ \ ,)\ IDAHO I 1~~~S.- f. SUBJECT: Clearsprings Subdivision AZ-06-056 Annexation and Zoning of 5.2 acres from RUT (Ada County) to R-4 (Medium Low-Density Residential). PP-06-054 Preliminary Plat approval of 11 single-family residential building lots and 2 common lots in the proposed R-4 zone, by Mike Hill. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Mike Hill, has applied for Annexation and Zoning (AZ) to R-4 (Medium Low- Density Residential) for 5.2 acres of property currently zoned RUT in Ada County. The site is located on the south side of E. McMillan Road approximately 3,300 feet east of N. Meridian Road. There is one existing home on this site that will be retained. The subject property is located within the Urban Service Planning Area and the City's Area ofhnpact. 2. SUMMARY RECOMMENDATION The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation, Zoning and Preliminary Plat applications. Staff is recommending approval of the proposed Clearsprings Subdivision (AZr06-056 and PP-06- 054) with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannine: and Zonine: Commission heard these items on December 7. 2006. At the public hearine: they moved to recommend approval. a. Summary of Commission Public Bearine: i. In favor: Ross Erickson n. In opposition: None ill. Commentine: None iv. Staff presentine application: Justin Lucas v. Other staff commentine on application: None b. Kev Issues of Discussion bv Commission: i. - Future development of existine: home site: ii. - Development of neiehborine parcels c. Kev Commission Chane:es to Staff Recommendation: i. - None d. Outstandine: Issue(s) for City Council: i. - None The Meridian City Council heard the"e item" on .Januarv 9. 2007. At the Dublic hearing they aDD roved the subiect annexation and Dreliminarv Dlat aDDlications with no changes. a. Summary of Citv Council Public Hearim': Clearsprings Subdivision AZ-06-056/PP-06-054 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 i. In...fayQr;...Zach Sidalo~. 11. In oooositiQn~J~Qne iii. Cmnmentinl!: Joe BUD;on. Rvan Burkhart lV. ~ritten testimonv: NOl!~ v. Staff nresentinl! aoolicatiQn: Anna Cann~.!Jg vi. Other staff commentinl! on aoolication: None h.. Key Issues ofDis~lIssion hy Council: i. None .t. Key Council Chanpes to Commission Recommendation: i. ~ 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve Pile Numbers AZ- 06-056 and PP-06-054 as presented in staff report for the hearing date of January 9, 2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny Pile Numbers AZ-06- 056 and PP-06-054 as presented in the staff report for the hearing date of January 9, 2006 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial ofthe plat.) Continuance I move to continue File Numbers AZ-06-056 and PP-06-054 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 1035 E. McMillan Road; on the south side of E. McMillan Road and east ofN. Meridian Road in Section 31, Township 4 North, Range 1 East. b. Owner: Boyd Hill 1035 E. McMillan Road Meridian, ill 83642 c. Applicant: Mike Hill 496 E. Redrock Drive Meridian, ill 83642 d. Representative: Ross Erickson, Erickson Civil, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for Clearsprings Subdivision AZ-06-056/PP-06-054 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Annexation and Zoning ofthe subject 5.2 acres to R-4, and Preliminary Plat approval of 11 single-family buildable lots and 2 common lots. All of the homes within the development are proposed to be single-family detached. The average lot size in the proposed development is 13,688 square feet (including the large lot that retains the existing home). The gross density of the project is 2.23 dwelling units per acre. Approximately 9.41 percent of the site is being set aside for open space. 1. Date of preliminary plat (attached in Exhibit A): 2. Date oflandscape plan (attached in Exhibit A): 10/4/06 10/4/06 5. PROCESS FACTS a. The subject application will in fact constitute an annexation as detennined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions ofthe Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: November 20th and December 4th, 2006 (Planning Commission) and December 18th. 2006 and January 1 st. 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: November 9th, 2006 (Planning Commission) and December 15th. 2006 (Citv Council) e. Applicant posted notice on site by: November 2ih, 2006 (Planning Connnission) and December 30th 2006 (Citv Council) 6. LAND USE a. Existing Land Use(s): There is one existing house on this 5-acre site. The existing home is to be retained and connected to City water and sewer services. b. Description of Character of Surrounding Area: This area is rapidly transitioning from rural to urban. Various subdivisions have been previously approved in the vicinity including the Silversprings Subdivision to the west and the Harpe Subdivision to the east. A few five acre parcels zoned RUT still remain in this area that have yet to redevelop. c. Adjacent Land Use and Zoning: 1. North: Single family homes, Larkwood Subdivision, zoned RUT (Ada County) 2. South: Single family homes, Havasu Creek Subdivision No.3, zoned R-4 3. East: Single family home on 5-acres, Crestwood Subdivision, zoned RUT (Ada County) 4. West: Future single family homes in the proposed Silversprings Subdivision, zoned R-4 d. History of Previous Actions: None e. Existing Constraints and Opportunities: 1. Public Works: Clearsprings Subdivision AZ-06-056IPP-06-054 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Location of sewer: There is sewer planned to the west in Silversprings Subdivision, and an existing sewer stub in N. Mooney Falls Way to the south east comer of this property. Location of water: There is a water stub planned to the west in Silversprings Subdivision, and an existing water stub in N. Mooney Falls Way to the southeast comer of this property. Issues or concerns: 1.) The need for a second water connection for redundancy. 2.) The need for a sewer easement to ensure adequate protection for the sewer main in N. Mooney Falls Way. 2. Canals/Ditches Irrigation: N/ A 3. Hazards: No hazards have been identified on this site. 4. Proposed Zoning: R-4 (Medium Low-Density Residential) 5. Size of Property: 4.94 acres (excluding right-of-way) f. Subdivision Plat Infonnation: 1. Residential Lots: 11 2. Non-residential Lots: 0 3. Total Building Lots: 11 4. Conunon Lots: 2 5. Other Lots: 0 6. Total Lots: 13 7. Gross Density: 2.23 units per acre (net density is 2.79 d.u./acre) 8. Minimum House Size: 1,400 square feet (per UDC) g. Landscaping: 1. Width of street buffer(s): A 25-foot wide landscape street buffer is required along E. McMillan Road, an arterial street (UDC 11-2A-5). 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 0.47 acres/9.41% 4. Other landscaping standards: Parkway areas are to be 8-feet wide and contain Class II trees to be counted as common open space (UDC 11-3A-17E). h. Amenities: Parkways with detached sidewalks and 1 open space lot 1. Off-Street Parking: UDC 11-3C-6 requires single-family detached dwellings to have 2 enclosed parking spaces (a garage) and a 20' x 20' parking pad in front of each garage. J. Sununary of Proposed Streets and/or Access: The applicant is proposing to construct public streets, E. Copper Ridge Street and N. Clearfalls Place within this development. Copper Ridge Street is stubbed to the subject property at the west property line. Along with these streets the applicant is proposing to partially connect to the stub street N. Mooney Falls Way that is provided from the Havasu Creek Subdivision to the south. The applicant can only partially connect t6 this stub street because the existing stub street is stubbed to both this property and the off-site property to the east. As a condition ofthis development, ACHD is requiring the Clearsprings Subdivision AZ-06-056/PP-06-054 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 applicant to construct their portion ofthe street (approximately 25-feet wide, up to the eastern property line) with a barricade that will not allow entry on to the unfinished street. It will be the responsibility of the property owner/developer to the east to complete the construction of this stub street when that parcel develops in the City. All of the other internal streets are local streets with 36-feet wide street sections with rolled curb, gutter and 4-foot wide detached sidewalks. ACHD has submitted comments and conditions back to the City for this project. ACHD's conditions are included in Exhibit B. 7. COMMENTS MEETING On November 17, 2006, a joint agency and departments meeting was held with service providers in this area. The agencies and departments present include: Meridian Fire Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included comments, conditions and recommended actions in Exhibit B below. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain up to three dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat includes 11 single~ family lots on 4.94 acres for a gross density of 2.23 dwelling units/acre. The proposed density complies substantially with the anticipated density for this area. Note: Staff recognizes the possible redevelopment potential that the Lot 6, Block 1 has due its large size (50,052 s.f.). Even with this redevelopment potential Staff is confident that the Low Density Comprehensive Plan designation combined with the proposed R-4 zoning will ensure that this lot develops similar to the other lots proposed in this subdivision. It should be made clear that no plans have been discussed about subdividing this large lot and this analysis applies only to possible future redevelopment. 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 sell'ices to the subject property. The City of Meridian plans to provide municipal sell'ices to the lands proposed to be annexed in the following manner: . Sanitary sewer and water sell'ice 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 sell'ice will not change. . The subject lands are currently sell'iced by the Meridian School District #2. This sell'ice will not change. Clearsprings Subdivision AZ-06-056/PP-06-054 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. The submitted preliminary plat proposes to provide one stub street to the east parcel that is currently zoned in Ada County RUT, which staff anticipates will re-develop in the future. The plat also shows a partial connection to a stub street to the south that will be completed when the property to the east develops. A stub street to this property was also provided with the Silversprings Subdivision to the west. The applicant is proposing to extend this stub street into the property. Staff is supportive of the proposed street connections. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to connect to local roads and collectors in adjacent developments. See analysis 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. The applicant is proposing to constructfour-foot wide, detached sidewalks adjacent to all of the proposed streets, which connect to adjacent properties. Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity. See above. Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. Staff finds that the eXlstmg single-family residential properties to the north, south, east and west, are compatible with the proposed development. Clearsprings Subdivision AZ-06-056/PP-06-054 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's zoning and development request is appropriate for this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached homes as permitted uses in the R-4 zoning district. b. Purpose Statement of Zone: R-4 Medium Low-Density Residential: The purpose 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. General Standards: All of the proposed lots comply with the standard street frontage and lot size requirements of the R-4 zone established in the UDC. No dimensional modifications are being requested for the proposed development. 10. ANALYSIS a. Analysis of Pacts Leading to Staff Recommendation: 1. AZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R -4 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (stamped on August 28, 2006 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density/Open Space: UDC 11.3G-3Al requires at least 5% of the total land area to be set aside for common open space in single-family developments. Parkways and street buffers as designed by the applicant do count towards the open space requirement. The applicant should provide 9.41 % (0.47 acres) open space as proposed. Landscaping: The landscape plan prepared by Erickson Civil, Inc. on 10/4/06, is approved with the following modifications/notes: . Per UDC 11-3G-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 as proposed. CIearsprings Subdivision AZ-06.056/PP-06-054 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 . Per UDC 11-3B-1O, the applicant should work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. . The 25-foot wide landscape buffer proposed along McMillan Road should be constructed in accordance with UDC ll-3B-7. . 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 ll-3B-14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the [mal plat application(s). Stub Streets: The applicant should be required to extend Copper Ridge Street into the site from the west as a public stub street to the Meyers property to the east (parcel #R1608650090). The applicant should also be required to partially extend the stub street N. Mooney Falls Way provided by the Havasu Creek Subdivision to the south. The existing stub street N. Mooney Falls Way straddles two property lines and can not be completely constructed with the proposed subdivision. Due to this situation ACHD is requiring the applicant to construct a partial street section for this stub street extension that matches the existing street section in the Havasu Creek Subdivision. This partial street section will only leave approximately 11 feet of driving surface which is inadequate for a safe connection to the south. ACHD is requiring a barrier to be placed across the north end ofthis partial street section until the other portion is completed, and meets all ACHD standards. Staffis supportive of ACHD's requirements regarding this partial street section and stub street extension. Existing ResidenceslBuildings: The site currently contains residential and out- buildings. All existing buildings should be retained or removed as proposed (see Site Plan, dated October 4, 2006). Further, the existing residence should be connected to city sewer and water services. Access: As currently proposed the only full access into the site is extended from the proposed Silversprings Subdivision to the west. If for some reason the Silversprings Subdivision were not completed, the applicant would have to find a way to fully construct the stub street N. Mooney Falls Way that is extended from the Havasu Creek Subdivision to the south. At no point should the applicant be take access off of McMillan Road to serve the proposed subdivision. Furthermore, the existing access points to McMillan Road should be abandoned by the applicant as proposed. No direct lot access should be allowed to McMillan Road. Fencing: Although not specifically shown on the Preliminary Plat or Landscape Plan the applicant is proposing (as discussed in a phone conversation) to construct six-foot, closed-vision fencing along the east boundary of the site. An existing six-foot fence along the south perimeter will be retained and a six foot closed vision fence is proposed along the west boundary with the Silversprings Subdivision. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. Perimeter, common open space, and micro-path /multi-use fencing shall be designed according to UDC 11-3A-7. Clearsprings Subdivision AZ-06-056/PP-06-054 PAGE 8 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 Common Areas: Maintenance of all cornman areas should be the responsibility of the Clearsprings Home Owners' Association. Ditches, Laterals, and Canals: Per UDC ll-3A-6 all irrigation ditches, laterals or canals, exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided should be covered. 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 use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is used, the developer will be responsible for the payment of assessments for the common areas prior to signature on the 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. b. Staff Recommendation: Staff is recommending approval of the proposed Clearsprings Subdivision (AZ-06-056 and PP-06-054) with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannin!! and ZoniD!! Commission heard these items on December 7. 2006. At the Dublic hearin!! they moved to recommend aDDroval. 'I'hLl\!~ridi~Cn!1llc!l he~h~_~~ itmns-o->>-.r3Dll3IT.J!JO_O~Al_Jhe public_ h~l;\r.inlLt.heY_l;\pnr.Qy-e_d_tbe_ sJlbiectoam!~xation and prelimin~_n:~p!@!~~ppJj~@Jjl!!t~ ~lt.IU!Q chan~es., 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: 10/4/06) 2. Landscape Plan (dated: 10/4/06) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Settlers' Irrigation District C. Legal Description D. Required Findings from Unified Development Code Clearsprings Subdivision AZ-06-056/PP-06-054 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 A. Drawings 1. Preliminary Plat (dated: 10/4/06) ~.~ \Q) Ol.lepl 'Ul:"W!J9V\ UO!S!.....,pqnS sfiUjjdSJE!l;IlJ __lIIIlIIiiDt IJ~ I f- z~ 00 _z ~o;r ;::0. OrO /DUlI ::lz<( Ul5:Q Ul 0 ' Clf-~ f,.:z ~C'l::l o.zo ~QU <( f- <( (0 Wuo 0 ..J W <( 0 U Ul . '" ll.ll.z Oo~ f-o;rQ ~;::~ o.wW >-z~ ~WW <(I~ Zf-O ~ll.lll JO wz ~o 0.- f- ~ o 0. <( f o W I- <( ::l f- Cii Exhibit A - Page I Z11lt.llt.>L1I!IJI 'U~pIJQI^I Ulllllf't:lj.',l 3'ilttll 11'l-IflMiel~"lI~ :...lJ.....o ~ if) ~ f'l- r. - i ~ ~ 'ft ~ ~ i ~!H!i" . I ..\ '~l' i ! ; , 'I!;!;'il i I! I ":1 'Ii!' 1 ~ I ~ 1i1;1:1~111! I: ! ilp l .1: i. i 1, i 1 '!""hll I':' ,I I hil' ! i',- t! ' "'11"".,1,.',', -1-; ,,, 'II -1-' , "i' "'''i'''''''''' ':1' I',. 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I :'1\ :,",lll '. hi 1II"I'llr'!1 ~.:. 1'1 ,II illl! " ~ ! IIII !illl!! Il1ili . .... ~ I ~ ~I ~II !1.. :lh., . ~~ ~ '.' 0 " ~) ;; ~ ,: 0 ~i ~ .1 Z" . .. ~ ~: tl. ~; ~'" '',., '. 0J ,./..... "1/ " C:) ;0 ' I II II ~ · , ., I "'Ii ~"~I1iI!~,lllm~I"" ~ , '1 \,' ~ , . 0: . " '.. ~ .. . v,ri? ~ -"1 ~ ~ ~ ~ III ~ i ! .d tfll ~jihl. . s(..: "- /: - ~ ~~. ~ ~. ~ f~ 1~II'j ~, I .J.. ~ ~ . , NOI"3II'1I~Il~ s"!lNlloIcI,;"IoI61I'l.,Ilj; d~JtJlld ~i[ [~ iii:':ll Wmil; .... 0 t, CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 B. Conditions of Approval 1. Planning Department 1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-054) 1.1.1 The preliminary plat labeled as PP-l, prepared by Erickson Civil, Inc., dated October 4, 2006 is approved, with the conditions listed herein. All comments and conditions of the accompanying Annexation and Zoning (AZ-06-056) application shall also be considered conditions of the Preliminary Plat (PP-06-054) 1.1.2 The landscape plan prepared by Erickson Civil, Inc. dated October 4, 2006 is approved with the following modifications/notes: . Per UDC 11-3G-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. . Per UDC 11-3B-IO, 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. . The 25-foot wide landscape buffer proposed along McMillan Road shall be constructed in accordance with UDC 11-3B-7. . 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. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. The proceeding modifications and notes should be shown on a revised landscape plan submitted with the [mal plat application(s). 1.1.3 Extend the stub street from Silversprings Subdivision (Copper Ridge Drive) from the west as a public stub street to the Meyers property to the east (parcel #RI608650090) and partially extend the stub street N. Mooney Falls Way provided by the Havasu Creek Subdivision to the south as proposed. 1.1.4 At no point shall the applicant take access off of McMillan Road to serve the proposed subdivision. The existing access points to McMillan Road shall be abandoned by the applicant as proposed, and access shall be taken from the internal public streets. No direct lot access shall be allowed to McMillan Road; place a note prohibiting direct lot access to McMillan Road on the face of the fmal plat. 1.1.5 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to signature of the final plat by the City Engineer. 1.1.6 The existing house that is to remain shall be required to connect to City services, the applicant shall be responsible for the payment of assessments and the actual physical connection to the services. 1.1.7 Provide a six-foot tall fence along the east perimeter of the development, as proposed. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 must be installed around the perimeter. Perimeter, common open space, and micro.path fencing shall be designed according to UDC ll-3A-7. 1.1. 8 Maintenance of all common areas shall be the responsibility of the Clearsprings Home Owners' Association. 1.1.9 Per UDC 11.3A.6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department 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. 1.1.10 Underground, pressurized irrigation must be provided to all lots within this development. 1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP.06-054) 1.2.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.2.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to ODC ll.3A-17. 1.2.3 All areas approved as open space shall be free of wet ponds or other such nuisances. All stormwater detention facilities incorporated into the approved open space are subject to UDC 11- 3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC ll-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility calUlot be incorporated into the approved open space and still meet the standards ofUDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of fmal construction. 1.2.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department. 1.2.5 Staff's failure to cite specific ordinance provisions or terms of the approved annexation and conditional use does not relieve the applicant of responsibility for compliance. 1.2.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC ll-6B-7. 2. Public Works Department 2.1 Sanitary sewer service to this development is being proposed via extension of mains in N. Mooney Falls. There is only 5-feet from the centerline of the main to the boundary ofthe subject property. Public Works requires a minimum of 10.feet of easement past the centerline of pipe. Prior to construction plan approval the applicant shall provide an easement that is sufficient in width to cover the sewer main in N. Mooney Falls. 2.2 The applicant shall install sewer mains to and through this subdivision; applicant shall coordinate Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Silversprings Subdivision. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 This development is proposing water service to Silversprings Subdivision to the west which has only one water feed. Due to Public Works concern of the growing number of houses on one water connection this development shall be required to have a second water main connection. If it is to mains stubbed in N.Mooney Falls, the applicant shall provide a signed easement prior to construction plan approval. 2.5 The existing house that is to remain shall be required to connect to City services, the applicant shall be responsible for the payment of assessments and the actual physical connection to the services. The payment of assessments shall be required prior to signature on the final plat by the City Engineer, the actual physical connection shall be accomplished prior to Certificates of Occupancy being issued. 2.6 The easement depicted on the plat, that was created with the Crestwood Subdivision is an irrigation and utility easement. The applicant shall vacate the easement prior to signature on the final plat by the City Engineer. 2.7 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. 2.8 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). 2.9 The applicant has indicated Settler 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. 2.10 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 water for the primary source. If a surface 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. 2.11 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. 2.12 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. 2.13 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 easement past the sidewalk. 2.14 Any existing domestic wells and/or septic systems within this project shall be removed from Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 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 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 pennits. 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 irrigation 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 detennined 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 Pennitting 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. 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 ofthe 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 ofthe 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 pennit from Building Department prior to commencing installations. 3. Fire Department Exhibit B - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 3.1 One and two family dwellings not exceeding 3600 square feet will require a fITe-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. One and two story family dwellings will require a fITe flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500 feet apart. International Fire Code Appendix C. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Y:z" 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 IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing ofthe project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.4 Operational fITe hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.5 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 fITe apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fITe hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. Police Department 4.1 The Police Department did not submit any comment on this application. 5. Parks Department 5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 6.1 SSC has no comments related to this application. 7. Ada County Highway District 7.1 Site Specific Conditions of Approval 7.1.1 Construct the site's internal streets as 36-foot street sections with rolled curb, gutter, 8-foot planter strips and 5-foot detached concrete sidewalks. All roadway improvements are to be located within the right-of-way (50-feet), with the exception of the detached concrete sidewalk, which should have a public access easement. 7.1.2 Construct a stub street to the east approximately 120-feet north of the south property line as a 36- foot street section with rolled curb, gutter, and a 5-foot detached concrete sidewalk. All roadway improvements should be located within the right.of-way with the exception ofthe detached sidewalk which may be in an easement. This street should be signed as follows: "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.3 Construct a 5-foot concrete sidewalk no closer than 38-feet from the centerline of McMillan Road to match improvements to the west (Silversprings Subdivision). Ifthe sidewalk is located outside of the right-of.way, the applicant should provide a sidewalk easement. 7.1.4 Dedicate either 35-feet or 45-feet of right-of-way from the centerline of McMillan Road abutting the parcel by means of a warranty deed. A dedication of 35-feet will facilitate roadway improvements noted in the Capital Improvements Plan, leaving the sidewalk within an easement. The 45-foot right~of-way dedication would facilitate all roadway improvements, including sidewalk. 7.1.5 Construct the half street section to the south with matching improvements to those existing in the Havasu Falls Subdivision. Given the fact that the half street pavement width for Moon Falls Way will be less than 24-feet, a connection may not be opened for this section until such time that a full local roadway is constructed. A barricade should be installed at the intersection of Moon Falls Way and E. Copper Ridge Street with signage stating "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7 .1.6 Obtain fire department approval to not provide a temporary turnaround at the eastern terminus of E. Copper Ridge Street (stubbing to the property line). 7.7.7 Construct the traditional cul-de-sac turnaround at the terminus ofN. Clearsprings Place with a minimum turning radius of 45-feet. 7.1.8 Any existing driveway access to McMillan Road should be relocated to the internal streets; thereby restricting all access to McMillan Road. A notation of all access restrictions should be made on the final plat. 7.1.9 The applicant should EITHER: . Obtain access from the proposed stub street to the west (extended from Silversprings Subdivision). No access will be allowed to McMillan Road; so the final plat may not be signed until a connection to the noted stub is provided. The applicant should coordinate the timeframe for such a cOllllection with the adjacent property owner/applicant. . OR: Obtain access to the site with a connection to the existing stub street extended north from Havasu Falls (Moon Falls Way). In order to open this cOllllection, the applicant will need to Exhibit B ~ Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 provide a minimum pavement width of 24-feet (within 40-feet of right-of-way), which will require acquiring access from the adjacent parcel to the east. This is due to the fact that the stub street from Havasu Falls was originally platted on the property line. Again, no access will be allowed to McMillan Road, so the applicant should coordinate all access/connections with the adjacent property owners. 7.1.10 Comply with all Standard Conditions of Approval. 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 7.2.12 7.2.13 Standard Conditions of Approval 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 permit (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 Exhibit B - Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 advises the Highway District of its intent to change the planned use of the subj ect property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 8. Central District Health Department 8.1 After written approval from appropriate entities is submitted, we can approve this proposal for central sewage and central water. 8.2 The following plans must be submitted to and approved by the Idaho Department of Health & welfare, Division of Environmental Quality: central sewage and central water. 8.3 Run-off is not to create a mosquito breeding problem. 9. Settlers' Irrigation District 9.1 All irrigation / drainage facilities along with their easements must be protected and continue to function. The facilities involved are the Starkey Lateral (20' easement) and the Parkins-Nourse Lateral (20'easement). Contact SID for additional irrigation requirements. 9.2 A Land Use Change Application must be on file prior to any approvals. 9.3 A license agreement MUST be signed and recorded prior to construction of any S.LD. facilities. 9.4 Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 9.5 All storm drainage must be retained on-site. 9.6 A pressure irrigation system must be provided to all lots with irrigation water. Exhibit B - Page 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 C. Legal Description Legal Description Clearsprings Annexation Boundary . A parcel for annexation purposes being located in the N % of the NE % of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: -" Commencing at a Railroad Spike monument marking the northwest corner of said N V. of the NE V4 (% Corner), from which a Brass Cap monument marking the northeast corner of said Section 31 bears N 89046'54" E a distance of 2632.45 feet; Thence N 89046'54" E along the northerly boundary of said N V. of the NE V4 a distance of 680.77 feet to the POINT OF BEGINNING;; Thence continuing N 89046'54" E along said northerly boundary a distance of 340.33 feet to a point; Thence leaving said northerly boundary S 0'06'26" W along the prolongation of and the easterly boundary of Lot 3 of Crastwood Subdivision NO.1 as shown in Book 28 of Plats on Pages 1757- 1758, Records of Ada County, Idaho, a distance of 664.75 feet to a 5/8 inch diameter iron pin marking the southeast comer of said Lot 3; Thence S 89"35'05" W along the southerly boundary of said Crestwood Subdivision No.1 a distance of 34.38 feet to a 5/8 inch diameter iron pin; Thence continuing along said southerly boundary S 89047'33" W a distance of 306.12 feet to a 5/8 inch diameter iron pin marking the southWest corner of said Lot 3; Thence N 0'07'17" E along the westerly boundary and the prolongation thereof of said Lot 3 a distance of 664.81 feet to the POINT OF BEGINNING. This parcel contains 5.20 acres and is subject to any easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC August 28, 2006 ~f.~r~l~~~ ;~~~!C 8F;rYff0JPROVA~ Land;>olutlons L---""i...ttllll s~ ;lncl COnlulllng Clearsprings Subdivision Job No. 06"50 Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9,2007 CLEARSPRINGS ANNEXATION BOUNDARY LOCATED IN THE NE 1/4 OF SECTION 3 I, T4N, R 1 E, 8M, ADA tOUNlY, IDAHO. 2006 BASIS OF BEARIN(I WGSB4 r;EOOUIC B<Al/IN(I ~ N 1J9"46'54- E t/.f ~_ 680.7r~ - oJ, ME" ~ mNj'./Ijo- srcn I7t. Mttr.JII ;t~.sn;~ ~p.-) <- M<:MILLAN //OAO :J4UJ"J' 2~J2.-f5' POINT OF BEGlNNIN(I ,oIu",,, NIW'I8!l..E J4().J'" ~ CRESTWOOO SUBDIVISION NO, I AREA ~ 5.20 ACREs RI608050000 ... o , , -" .,,... ",,, ::115 " o l< k~ :z1!: '" '" '" o F:~PROW>.L 3Y 'i.- ,(IC'lld\! PIj3L1c:. ".. '.K", DEFT. 6".6;' 7D2.llJ' _t:t8IfR -.sGU Ml.MUII~IG.5Uj ",~,' N 89'47'J3" < lif1.'Z' HA VASU Cl?<EK SU/iDlVlSION NO. 2 f'l!l"~ .. ...... ""'':~ AS.." ~- ........... "".... HA VASU CREEK SlJBOIVISlON NO. J HA VAS/J CReEK SIJ6OIIASION NO. 4 o 50 tOO I..r_...l 200 I LCJ'~oj uti on: ~ .. Land Surveying and Consulting 231 E 5TH STSTE/\ MERIDIAN. ID 83642 1208/ 288.2040 1208/28&-1557"'. YNrIW.land$Olut;ons.biz Exhibit C - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: 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 the Staff Report. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; City Council finds that future development of this property will comply with the established regulations and purpose statement ofthe R-4 zone. 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 detennining 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, City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. 5. The annexation is in the best ofinterest ofthe City (UDC 11-5B-3.E). The R-4 zoning amendment will provide lots that are similar in nature to existing subdivisions in the near vicinity, and transitions well to the existing rural lots in the vicinity. City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan. This is a logical expansion 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 the Exhibit D - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 9, 2007 adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, and Analysis, Section 10 of the Staff Report. 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council [mds that public services are available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; 3. Because the developer is installing sewer, water, and utilities for the development at their cost, City Council finds that the subdivision will not require the expenditure of capital improvement funds. There is public financial capability of supporting services for the proposed development; 4. Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to detennine this finding. (See finding Items 3 and 4 above under Annexation Findings, and the Conditions of Approval in Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and City Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD 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. City Council is unaware of any natural, scenic or historic features on this site. Therefore, the Commission 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 reconnnends 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 - Page 2