HomeMy WebLinkAboutStaff Report 2/15
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
STAFF REPORT
Hearing Date: 2/15/2007
Continued From 12/21/2006
Plamring & Zoning Commission
Justin Lucas
Associate City Planner
Meridian Planning Department
208-884-5533
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SUBJECT:
Sundial Subdivision
PP-06-060
Preliminary Plat of 28 ingle-family residential building lots, 3 common lots
and 1 other lot, in the proposed R-8 zone, by Gemstar Development.
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NOTE: This is a revised staff report. Various changes have been made from the original
staff report that was prepared for the December 21, 2006 hearing. One of the more
significant changes is the applicant's request to withdraw the rezone application (received
by email on January 30, 2007) associated with this development. This request is based on
the discovery of a development agreement for this property that did not support the
formerly requested rezone from R-4 to R-8. Due to this request various other changes have
been made, such as, a reduction in the number of buildable lots (from 30 to 28), minimum
and average lot sizes, and minimum and average lot frontage. This staff report reflects the
revised submitted preliminary plat. To avoid any confusion, all previous references to the
formerly requested rezone (RZ-06-011) have been removed from the report.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Gemstar Development, has applied for preliminary plat approval of 28 single-
family residential building lots, 3 common lots and 1 other lot (Lot 22, Block 2, cell tower site -
to be re-developed in the future) in the existing R-4 zone. The site is located approximately y.;. of
a mile south of Ustick Road and 'l2 of a mile east of Ten Mile Road, adjacent to Turtle Creek
Subdivision. The site is currently vacant except for a 150-foot tall cell tower and associated
structures that will remain on the property. The subject property is located within the Urban
Service Planning Area and the corporate boundaries of the city.
2. SUMMARY RECOMMENDATION
The subject application (PP) was submitted to the Planning Department for review. Below, staff
has provided a detailed analysis and recommended conditions of approval for the requested
Preliminary Plat application. Staff is recommending approval of the proposed Sundial
Subdivision (pP-06-060) with the conditions listed in Exhibit B of the Staff Report.
3. PROPOSED MOTION (to be considered after the public hearing)
Approval
After considering all staff, applicant and public testimony, I move to recommend approval to the
City Council of File Number PP-06-060 as presented in staff report for the hearing date of
February 15, 2007 with the following modifications: (Add any proposed modifications.)
Denial
Sundial Subdivision PP-06-060
PAGE 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
After considering all staff, applicant and public testimony, I move to recommend denial to the
City Council of File Number PP-06-060 as presented during the public hearing on February 15,
2007 for the following reasons: (You should state specific reasons for denial of the plat)
Continuance
I move to continue File Number PP-06-060 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: South of Us tick Road, west of Linder Road, Parcel #S1202131240, in
Section 2, Township 3 North, Range 1 West.
b. Owner:
Virginia J. Ross Anna Beth Ernest
3508 Jade Ave. & 312 S. Columbia Center Blvd. #69
Bakersfield, CA 93306 Kennewick, W A 99336
Kathy Kisler Gary Ernest
1197 W. Providence Rd. & 2718 24th Ave.
Warden, WA 98857 Olympia, WA 98501
c. Applicant:
Gemstar Development, LLC.
738 South Bridgeway Place Suite A100
Eagle, ill 83616
d. Representative: Susan Wildwood, Chartered
e. Present Zoning: R-4
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant is requesting Preliminary Plat approval
of28 single-family buildable lots, 3 common lots and 1 other lot on 10.57 acres in an R-4
zone. All of the homes within the development are proposed to be single-family detached. The
average residential lot size in the proposed development is 9,265 square feet (excluding the
large 2.77 acre lot that will retain the existing cell tower). The total gross density ofthe
project, including the large lot that retains the cell tower, is 2.64 dwelling units per acre.
Excluding the large lot (which will most likely be redeveloped in the future) the density is 3.58
dwelling units per acre. Approximately 0.53 acres (5 %) 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):
1/18/07 (Revised)
1/15/07 (Revised)
5. PROCESS FACTS
a. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, a public
Sundial Subdivision PP-06-060
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
hearing is required before the City Council on this matter.
b. Newspaper notifications published on: December 4th and December 18th, 2006
c. Radius notices mailed to properties within 300 feet on: November 22nd, 2006
d. Applicant posted notice on site by: December 11 th, 2006
6. LAND USE
a. Existing Land Use(s): This site is currently vacant except for a 1 50-foot tall cell tower that
is located in the center of the proposed Lot 22, Block 2. The cell tower is to remain on the
property.
b. Description of Character of Surrounding Area: This parcel is almost completely surrounded by
single family residential development. The proposed project is considered infill and, if
approved, will be similar to the surrounding residential uses.
c. Adjacent Land Use and Zoning:
1. North: Single family homes, Tumble Creek Subdivision, zoned R.4
2. South: Single family homes, Turtle Creek Subdivision, zoned R-4
3. East: Single family homes, Turtle Creek Subdivision, zoned R-4
4. West: Single family homes, Field Stone Meadows Subdivision, zoned R-4
d. History of Previous Actions: In 1994 the subject property was annexed and zoned to R-4 as
part of the Turtle Creek Subdivision. At that time the subject property received preliminary
plat approval for 40 lots as part of the Turtle Creek Preliminary Plat. These 40 lots were
originally designed to be phase four of the Turtle Creek Subdivision. For various reasons,
including the cell tower that was approved prior to the annexation of this property through Ada
County, and other reasons which are unknown, this phase of Turtle Creek was never
developed and this land has been vacant, except for the cell tower, for numerous years. Also,
in 1994 at the time of annexation of the subject property a development agreement was entered
into for this area (instrument #94108841) that contained the following development
restrictions: 1) The property shall have lot sizes of at least 8,000 square feet and no duplex
units, townhomes, or patio homes can be constructed on the property; 2) That there shall be no
change to increase the number of lots or reduce the size of the lots as shown in the preliminary
plat that was submitted with the request for annexation, zoning, and preliminary plat approval;
3) Only single family houses can be constructed on this property and said houses shall have a
minimum 1,400 square feet of living area excluding the garage.
Due to the length of time that has passed and the changes from the original design that are
necessary to develop this land, the current applicant has submitted a new preliminary plat (the
subject revised application) for this property. Although the preliminary plat is new, the
development agreement provisions tied to the annexation of the subject property are still in
effect. The first application submitted by the applicant (which included the formerly requested
rezone) did not conform to these development agreement provisions. Now, with the revised
preliminary plat (which shows a reduction to the number oflots and an increase to the lot sizes
to a minimum of 8,000 square feet) and the withdrawal of the request to rezone the property to
R-8, staff believes the revised preliminary plat generally confirms to the development
agreement provisions that are in effect for this property.
e. Existing Constraints and Opportunities:
1. Public Works:
Sundial Subdivision PP-06-060
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007
Location of sewer: There is currently sewer in streets stubbed to this property.
Location of water: There is currently water in streets stubbed to this property.
Issues or concerns: Getting sewer and water mains to parcel #1202244230.
2. CanalslDitches Irrigation: N/ A
3. Hazards: There is an existing 150 foot tall cell tower located on this site. UDC 11-4-
3.44 specifically discusses the need to avoid potential damage to adjacent properties
from the structural failure of towers and other such structures. The Police and Fire
Departments have also raised concerns about safety surrounding the subject tower.
Section 10 of this report describes the measures that should be taken to mitigate this
hazard.
4. Proposed Zoning: N/A
5. Size of Property: 10.57 acres
f. Subdivision Plat Information:
1. Residential Lots: 28
2. Non-residential Lots: 0
3. Total Building Lots: 28
4. Common Lots: 3
5. Other Lots: 1 (Lot 22, Block 2, cell tower site - to be re-developed in the future)
6. Total Lots: 32
7. Gross Density: 2.64 units per acre total (3.58 units per acre excluding the cell
tower lot/site)
8. Minimum House Size: 1,400 square feet
g. Landscaping:
1. Widthofstreetbuffer(s): N/A
2. Width ofbuffer(s) between land uses: N/A
3. Percentage of site as open space: 0.53 acres/5%
4. Other landscaping standards: All micro path landscaping should be designed in
accordance with UDC 11-3B-12
h. Amenities: The applicant is proposing a picnic and barbeque area, volleyball and horseshoe
pits, and one micro pathway (see applicant's narrative for a more detailed
description of amenities.)
1. Off-Street Parking: UDC ll.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. Summary of Proposed Streets and/or Access: The applicant is proposing to construct public
streets, Fieldstream Drive and Marburg Drive within this development. Both of these streets
currently exist within the Turtle Creek Subdivision and the applicant is proposing to extend
them into the site. The applicant is also proposing to complete their portion of the street
section (curb, gutter, sidewalk, and some pavement) of Kubik Drive which is a partially
completed street at the northeast comer of the development. One stub street is also proposed
Sundial Subdivision PP-06-060
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007
to the 2.1 acre Bledsoe property (parcel #S1202244230) to the west. All of the internal streets
are local streets with 36~feet wide street sections with rolled curb, gutter and 5-foot wide
attached sidewalks. ACHD has submitted conunents and conditions back to the City for this
project ACHD's conditions are included in Exhibit B.
7. COMMENTS MEETING
On December 1, 2006, a joint agency and departments meeting was held with service providers in
this area. NOTE: Staff also brought the revised plat to the comments meeting on January 26, 2007
for comment. 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 comments, conditions and recommended actions
in Exhibit B below.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future
Land Use Map. Medium density residential areas are anticipated to contain between three and
eight dwellings per acre (see Page 99 of the Comprehensive Plan.) The proposed Preliminary Plat
includes 28 single-family lots on 10.57 acres for a total gross density of 2.64 dwelling units/acre.
However, the total gross density calculation of 2.64 dwelling unit/acre, includes Lot 22, Block 2
(the large lot that contains the existing cell tower). The applicant intends to redevelop Lot 22,
Block 2, with residential homes in the future. If the cell tower lot is removed from the density
calculation the density of the project increases to 3.58 dwelling units/acre. Staff believes that the
3.58 dwelling units/acre is a more accurate measurement of density for this project because the
large cell tower lot will most likely redevelop in the future. For this reason, staff considers this
project to be generally compliant with the recommended density for this area.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
Chapter VII, Goal III, Objective A, Action 1 ~ Require that development projects have planned
for the provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands in the
following manner:
· Sanitary sewer and water service will be extended to the project at the developer's
expense.
. The lands are under the jurisdiction of the Meridian City Fire Department, This service
will not change.
· The lands are serviced by the Meridian Police Department (MPD). This service will not
change.
. 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.
Municipal, fee-supported, services are provided by the Meridian Building Department, the
Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater
Sundial Subdivision PP-06-060
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
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 applicant is proposing to extend two existing stub streets that are provided to this property
from the Turtle Creek Subdivision to the east and south. The applicant is also proposing to
complete a partially constructed street that feeds into the proposed subdivision and provide a
stub street to the two acre parcel to the west. Staff believes that proposed street system enhances
connectivity in this area.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate
opportunities to connect to local roads and collectors in adjacent developments.
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 construct five foot attached sidewalks along all of the proposed
streets in the subdivision. Furthermore, the applicant is proposing to construct a micro pathway
connection to the future phase 2 of this project. The proposed sidewalks and pathway will
enhance pedestrian connectivity in this area.
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.
Staff finds that the existing single-family residential properties to the north, south, east and west,
are compatible with the proposed development.
Staff recommends that the Commission and Council rely on any verbal or written testimony that may be
provided at the public hearing when determining if the applicant's development request is appropriate for
this property.
Sundial Subdivision PP-06-060
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
9. UNIFIED DEVELOPMENT CODE
a. Schedule of Uses: Unified Development Code (UDC) 11-2-1 lists single-family detached
homes as permitted uses in the R-4 zoning district
b. Purpose Statement of Zone:
R-4 Medium Low Density Residential: The purpose of the residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive
Plan. Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts. Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
c. General Standards: All of the proposed lots comply with the standard street frontage and lot
size requirements of the R-4 zone established in the UDC. No dimensional modifications are
being requested for the proposed development
10. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation:
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. The applicant
should provide 5 % (0.53 acres) open space as proposed.
Landscaping: The landscape plan prepared by The Land Group, Inc. on 1/15/07, is
approved with the following modifications/notes:
· Landscaping adjacent to the proposed micro path should be designed in
accordance with UDC ll-3B-12.
· Per UDC 11-3B-lO, the applicant should work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site.
· A written certificate of completion should be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape
plan. All standards of installation should apply as listed in UDC 11-3B-14.
Submit copies of a revised landscape plan, reflecting the changes/notes mentioned
above, with the [mal plat application(s).
Access/Stub Streets: The applicant should be required to tie into the existing stub
streets W. Fieldstream Drive and N. Marburg Drive as proposed. The applicant should
also be required to fully complete the partially constructed N. Kubick Drive as
proposed. Furthermore, Staff believes that the stub street proposed to the 2.1 acre
Bledsoe property (parcel #S I 202244230) to the west should be shifted to the north a
minimum of ten feet. This change will avoid creating a double fronted lot in the
Fieldstone Meadows subdivision to the southwest, when the stub street is extended in
the future.
Sundial Subdivision PP.06-060
PAGE 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007
Cell Tower/Existing Buildings: There is currently a 150-foot tall cell tower and
associated maintenance buildings located in the middle of the proposed Lot 22, Block
2 of this subdivision. UDC 11-4-3.44 describes the specific standards for wireless
communication facilities (cell towers). The majority of the standards described in this
section of the UDC are intended for new wireless communication facilities. Due to the
fact that the facility on this site was approved through Ada County, and has been in
place for a number of years, staff believes it would be unreasonable to subject the
existing cell tower to all of the current standards (it appears to be non-conforming).
With that said, staff does believe that the setback standards as described in the UDC
should be applied to this development because they directly relate to the safety of the
proposed homes in this subdivision.
There are two main setback standards for wireless communication facilities described
in UDC 11-4-3.441. First, "If the property is located next to a residential district, the
setback requirements shall be one hundred twenty. five percent (125%) of the height of
the tower". The cell tower on this site is approximately 150 feet tall (as reported by the
applicant). Using the 125% setback rule described above all homes in the proposed
subdivision should be a minimum of 185 feet from the cell tower or no lot should be
within 170 feet of the cell tower (185 feet minus the required 15 foot rear setback in
the R-4 zone). Second, "Communication towers must be set back from all public
owned right-of-way by a minimum of two (2) times the height of the tower to be
installed. If this setback requirement is in conflict with any other setback requirement,
the setback shall be the greater distance." Using the 150 foot height of the cell tower,
no public street should be allowed within 300 feet of the base of the cell tower. The
preliminary plat submitted by the applicant appears to meet both of these
requirements. A note should be placed on the face of the final plat that clearly states
these setback requirements.
Furthermore, in the agency comments meeting for this proj ect, held on December 1,
2006, both the Police and Fire Departments expressed concerns over the maintenance
and safety of the area directly surrounding the cell tower site. The Fire Department
was specifically concerned with the weeds and debris that has historically
accumulated on this site. While the proposed development will help to cover and
maintain much of area, there will still be 2.77 acres of undeveloped land remaining.
This undeveloped land around the cell tower should be maintained weed free and clear
of any debris.
Fencing: Due to the surrounding homes, a majority of the perimeter of this site is
currently fenced. Staff recommends that the applicant discuss any additional
perimeter fencing plans they may have, at the public hearing. A detailed fencing
plan should be submitted upon application of the final plat. If permanent fencing is not
provided before issuance of a building pennit, temporary construction fencing to
contain debris must be installed around the perimeter. Perimeter, common open space,
and micro-path /multi-use fencing shall be designed according to UDC 11-3A-7.
Common Areas: Maintenance of all common areas should be the responsibility of the
Sundial Subdivision Home Owners' Association.
Ditches, Laterals, and Canals: Per UDC 11-3A.6 all irrigation ditches, laterals or
canals, exclusive of any natural waterway, that intersect, cross or lie within the area
Sundial Subdivision PP-06-060
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
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 fmal 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 andMCC 9-1-28.
b. Staff Recommendation: Staff recommends approval of the proposed Sundial
Subdivision (PP-06-060) with the conditions listed in Exhibit B of the Staff Report.
11. EXHmITS
A. Drawings
1. Preliminary Plat (dated: 1/18/07, Revised)
2. Landscape Plan (dated: 1/15/07, Revised)
B. Conditions of Approval
I. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
8. Central District Health Department
C. Legal Description
D. Required Findings from Unified Development Code
Sundial Subdivision PP-06-060
PAGE 9
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
A. Drawings
1. Preliminary Plat (dated: 1/18/07, Revised)
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2. Landscape Plan (dated: 1/15/07, Revised)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-060)
1.1.1 The preliminary plat plan labeled Sheet No.1 of 1, prepared by Stanley Consultants, Inc., dated
1/18/07 (Revised), is approved, with the conditions listed herein.
1.1.2 Lot 22, Block 2, shall be maintained weed free and clear of any junk or debris until such time that
this lot develops.
1.1.3 The landscape plan prepared by The Land Group, Inc. dated 1/15/07 (Revised) is approved with
the following modifications/notes:
· Landscaping adjacent to the proposed micro path in Lot XX, Block XX, shall be
designed in accordance with UDC 11-3B-12.
. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on
designing, adopting, and implementing a protection and mitigation plan for the
existing trees on site.
. A written certificate of completion shall be prepared by the landscape architect,
designer, or qualified nurseryman responsible for the landscape plan. All standards of
installation should apply as listed in UDC 11-3B-14.
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 fmal plat application(s).
1.1.4 Provide 5 % (0.53 acres) open space as proposed.
1.1.5 Provide a public stub street, designed to ACHD standards, to the 2.1 acre Bledsoe property
(parcel #S1202244230) to the west. The southern extent of the right of way for the stub street
shall be located a minimum of ten feet from the Bledsoe properties (parcel #S1202244230)
southern boundary; move the stub street to the north at least 10 feet.
1.1.6 Place a note on the face of the fmal plat clearly stating that all buildable lots in the proposed
subdivision shall be a minimum of 170 feet from the base of the existing cell tower.
1.1.7 All public streets shall be a minimum of 300 feet from the base of the existing cell tower.
1.1.8 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 fmal plat by the City Engineer.
1.2.7 A detailed fencing plan shall be submitted upon application of the fmal plat. Ifpennanent fencing
is not provided before issuance of a building permit, temporary construction fencing to contain
debris must be installed around the perimeter. Perimeter, common open space, and micro-path
fencing shall be designed according to UDC 11-3A-7.
1.2.8 Maintenance of all common areas shall be the responsibility of the Sundial Subdivision Home
Owners' Association.
Exhibit B - Page 1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
1.2.9 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.
1.2.10 Underground, pressurized irrigation must be provided to all lots within this development.
1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT (PP-06-060)
1.3.1 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).
1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC ll.3A-17.
1.3.3 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 subj ect 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 pennitted under UDC 11-3B.
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.3.4 Coordinate fire hydrant placement with the City of Meridian Public Works Department.
1.3.5 Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance.
1.3.6 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7.
2. Public Works Department
2.1 Sanitary sewer service to this development is being proposed via extension of mains stubbed to
this property. The applicant shall install mains to and through this subdivision; 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.
2.2 Water service to this site is being proposed via extension of mains stubbed to this property. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
Exhibit B - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
2.3 The applicant shall extend sewer and water mains to parcel # 1202244230 in the right-of-way
being required by the Planning Department.
2.4 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.
2.5 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).
2.6 The applicant has indicated that they wish to use municipal water for their primary source for the
pressurized irrigation system. The applicant must prove they have no rights from an existing
irrigation district and if so then they must pay Well Development Fees as determined by the City
Engineer.
2.7 The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase of this project.
If it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
2.8 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (UDC 1l.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.
2.9 With the [mal plat the applicant shall dedicate a 5-foot wide Public Utilities, Drainage and
Irrigation easement along all interior lot lines.
2.10 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.
2.11 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.
2.12 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.
2.13 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.
2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall
have passed air-testing and video inspection, 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.
Exhibit B - Page 3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007
2.15 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.
2.16 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.
2.17 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat.
2.1 8 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
2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that
may be required by the Environmental Protection Agency.
2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.21 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.
2.22 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
2.23 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.
2.24 One hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public
residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole
shall be required on subdivision entrances and collector roadways. Design of the streetlights shall
be approved by the Public Works Department Decorative lights require a streetlight agreement
on file with Public Works prior to activation. All streetlights shall be installed at subdivider's
expense. Typical locations are at street intersections and/or fire hydrants, and no further than
400' distance in between locations. Final design locations and quantity are determined after
power designs are completed by Idaho Power Company. The street light contractor shall obtain
approval from the Public Works Department, and permit from Building Department prior to
commencing installations.
3. Fire Department
3.1 One and two family dwellings not exceeding 3600 square feet will require a fire-flow of 1,000
gallons per minute available for duration of 2 hours to service the entire proj eet One and two story
family dwellings will require a fire 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 'l2" 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.
Exhibit B - Page 4
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
g. Fire hydrants shall be provided to meet the requirements ofthe 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 of the project may require a temporary approved turn
around on streets greater than 150' in length with no outlet.
3.4 Insure that all yet undeveloped parcels are maintained free of combustible vegetation (grass,
weeds, etc.)
3.5 Operational fire hydrants, temporary or pennanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.6 The Fire Department has safety concerns about site security for the existing cell tower and guide
wlfes.
4. Police Department
4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
4.2 Adequate lighting shall be provided along all micro paths and pathways.
5. Parks Department
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
6. Sanitary Service Company
6.1 SSC has no comments related to this application.
7. Ada County Highway District
7.1.1 Construct a stub street to the 2-acre property to the west, allowing for the potential for future
redevelopment. This stub should be constructed as a minimum 29-foot street section, within 42~
feet of right-of-way; and signage should be installed at the terminus stating: "THIS ROAD WILL
BE EXTENDED IN THE FUTURE." If the applicant uses a substandard street section, fife
department approval will be required, and parking restrictions may be levied. If the stub street is
greater than 150- feet in length, then a temporary turnaround should be constructed at the terminus
until such time that a connection is made to the adj acent parcel.
7.1.2 Extend Marburg Street to the north to tie into the intersection of Kubik Street and Fieldstream
Drive (continued as Fieldstream Drive). The applicant should construct this internal street as a
36-foot street section with rolled curb, gutter and 5-foot attached concrete sidewalk; within 50-
feet of right-of-way, as proposed
7.1.3 Construct any of the site's public street frontages (Whitelaw Drive, Kubik Street, or Cinnamon
Street) as completed street sections with pavement widening (if necessary), curb, gutter, and
concrete sidewalk; within the right-of-way, per District policy requirements.
Exhibit B - Page 5
CITY OF MERIDIAN PLANNING DEPAR1MENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
7.1.4 Construct a stub street to the open space portion of the parcel (where the cell tower is currently
located) to facilitate the development of phase #2. Design the intersection as a T-type; with
signage at the terminus stating: "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
Provide access beyond the terminus of this stub street (to phase #2) until such time that the cell
tower is removed and the street is extended.
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 ofthe right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Comply with the District's Tree Planter Width Interim Policy.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State ofIdaho 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 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15,2007
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.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007
C. LegalDescription
DESCRIPTION FOR
SUNDIAL SUBDIVISION
OCTOBER 16, 2006
A PARCEL OF LAND BEING A PORTION OF THE SW X OF THE NE Y. OF
SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE
MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
COMMENCING AT THE NORTHWEST CORNER OF THE NE Y. (NORTH Y.
CORNER) OF SECTION 2, T.3 N., R1 W., BM..
THENCE S 00"15'25" W 1367.80 FEET TO THE NORTHWEST CORNER OF
THE SW y. OF THE NE Y. OF SAID SECTION 2, THE REAL POINT OF
BEGINNING OF THIS DESCRIPTION;
THENCE S 89"17'36" E 706.76 FEET ALONG THE NORTH LINE OF SAID SW
Y. OF THE NE Y. TO THE NORTHWEST CORNER OF TURTLE CREEK
SUBDIVISION NO.. 3;
ALONG THE BOUNDARIES OF TURTLE CREEK SUBDIVISION NO.3 AND
NO.2 THE FOLLOWING:
THENCE S 00"20'16" E 105,02 FEET TO A POINT;
THENCE S 89"17'39" E 55.66 FEET TO A POINT;
THENCE S 03020'08" E 50.15 FEET TO A POINT;
THENCE S 00"42'24" W 66.71 FEET TO A POINT;
THENCE S 60040'50" W 81.15 FEET TO A POINT;
THENCE S 39"15'15" E 110..00 FEET TO A POINT;
THENCE S 50044'45" W 36.34 FEET TO A POINT ON A CURVE;
THENCE 17.45 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 20.00 FEET, A DELTA ANGLE OF 49059'06", A
T ANGI;NT OF 9.32 FEET AND A CHORD BEARING S 75044'36" W 16.90 FEET
TOA POINT OF REVERSED CURVATURE;
THENCE 150..91 FEET ALONG A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 172"56'06", A
19708-SUB
Exhibit C ~ Page I
CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007
2
TANGENT OF 809.95 FEET AND A CHORD BEARING S 07"09'55" W 9981
fEET TO A POINT ON A CURVE;
THENCE S 03'15'15" E 122.91 FEET TO A POINT;
THENCE S 50"44'45" W 43.74 FEET TO A POINT;
THENCE N 39"17'14" W 71.81 FEET TO A POINT;
THENCE S 50'44'45" W 105_00 FEET TO A POINT;
THENCE N 39'15'15" W 30..18 FEET TO A POINT ON A CURVE;
THENCE 166.49 FEET ALONG A CURVE TO THE LEFT, SAID CURVE
HAVING A RADIUS OF 52..16 FEET, A DELTA ANGLE OF 182"52'56", A
TANGENT OF 2073.34 FEET AND A CHORD BEARING N 89"29'17" W 104.29
FEET TO A POINT OF REVERSED CURVATURE;
THENCE 18.04 FEET ALONG A CURVE TO THE RIGHT, SAID CURVE
HAVING A RADIUS OF 20..00 fEET, A DELTA ANGLE OF 51 "40'30", A
TANGENT OF 9.68 FEET AND A CHORD BEARING S 24"54'30" W 1743 FEET
TO A POINT OF TANGENCY;
THENCE S 50"44'45" W 74.27 FEET TO A POINT;
THENCE N 39"15'15" W 110.00 FEET TO A POINT;
THENCE S 50'44'45" W 2821 FEET TO A POINT;
THENCE S 13'35'36" W 70.97 FEET TO A POINT;
THENCE N 89'50'17" W 155_00 FEET TO A POINT;
THENCE S 00'15'25" W 12.33 FEET TO A POINT;
THENCE N 89012'32" W 105.00 FEET TO A POINT ON THE WEST LINE OF
SAID SW y.. OF THE NE )I.;
REV I I~PRROVAL
BY CJ
OCT j:; 7.[t'-
MERIDIAN PUeLlC
WORKS DEPT.
LEAVING THE BOUNDARIES OF TURTLE CREEK SUBDIVISION NO_ 3 AND
NO.. 2:
THENCE N 00'15'25" E 694,,15 FEET TO THE REAL POINT OF BEGINNING
OF THIS DESCRIPTION.
19708-SUB
THIS PARCEL CONTAINS 10.57 ACRES, MORE OR LESS.
Exhibit C - Page 2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007
ROVAL
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SURVEY FOR
SUNDIAL SUBDIVISION
LOCA TED IN THE SW 1 (4 OF THE NE 1 (4
SECTION 2, T, 3N'I, R,lW,. B.M.
MERIDIAN, ADA COvNTY, IDAHO
OCTOBER, 2006
DWC NAM~:
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Exhibit C - Page 3
MERIDIAN PUBLIC
WORKS DEPT
5 00'20"16" E
~105,OZ'
5 89'17'39" E
I 55,66'
s 00"20'08" E
--- 50,15'
5 00'42'24" W
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EXHIBIT
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APPIl:OVED S'f: D.TE; RE\tt$lONS:
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 15, 2007
D. Required Findings from Unified Development Code
I. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat,
the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
Staff finds that the proposed plat is in general conformance with the comprehensive plan
(please see Section 8 of the Staff Report for detailed analysis of specific comprehensive
plan action items that apply to this development).
B. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Staff finds that services can be made available to accommodate the proposed
development
C. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Because the developer is installing sewer, water, and utilities for the development at their
cost, staff finds that the subdivision will not require the expenditure' of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public
service providers (i.e., police, fire, ACHD, etc.) to determine this fmding. (See fmding
Items 3 and 4 above under Rezone Findings above, and the Agency Comments and
Conditions in Exhibit B for more detail.)
E. The development will Dot be detrimental to the public health, safety or general
welfare; and
Other than the existing cell tower on this site which has been mitigated for, Staff is not
aware of any health, safety or environmental problems associated with the development
of this subdivision that should be brought to the Council or 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.
F. The developmeDt preserves significant natural, scenic or historic features.
Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff
finds that the proposed development will not result in the destruction, loss or damage of
any natural, scenic or historic feature(s) of major importance. The Commission and
Council should reference any public testimony that may be presented to determine
whether or not the proposed development may destroy or damage a natural or scenic
feature(s) of major importance of which staffis unaware.
Exhibit D - Page 1