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HomeMy WebLinkAboutStaff Comments CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21, 2006 STAFF REPORT TO: FROM: Hearing Date: 12/21/2006 Planning & Zoning Commission Justin Lucas Associate City Planner Meridian Planning Department 208-884-5533 ~~ /,c"'.~ .~., "-/VLtJridz:n"'t \ -.; \ lI:,V.HO I ~, F SUBJECT: Sundial Subdivision RZ-06-0 11 Rezone of 10.57 acres from R-4(Medium Low-Density Residential) to R-8 (Medium Density Residential). RECEIVED DEe 1 5 2006 City Of Meridian City Clerk Office PP-06-060 Preliminary Plat of 30 single-family residential building lots, 3 common lots and 1 other lot, in the proposed R.8 zone, by Gemstar Development. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Gemstar Development, has applied for Rezoning (RZ) from R-4 (Medium Low- Density Residential) to R-8 (Medium Density Residential) for 10.57 acres, and preliminary plat approval of 30 single-family residential building lots, 3 common lots and 1 other lot in the proposed R -8 zone. The site is located approximately ~ of a mile south of U stick Road and 12 of a mile east of Ten Mile Road, adjacent to Turtle Creek Subdivision. The site is currently vacant except for a ISO-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 City's Area of Impact. 2. SUMMARY RECOMMENDATION The subject applications (RZ 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 Rezone and Preliminary Plat applications. Staff is recommending approval of the proposed Sundial Subdivision (RZ-06-011 and 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 Numbers RZ-06-0 11 and PP-06-060 as presented in staff report for the hearing date of December 21,2006 with the following modifications: (Add any proposed modifications. ) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers RZ-06-011 and PP-06-060 as presented during the public hearing on December 21, 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 Sundial Subdivision RZ-06-011/PP-06-060 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 I move to continue File Numbers RZ-06-011 and 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 Kennewick, W A Kathy Kisler Gary Ernest 1197 W. Providence Rd. & 2718 24th Ave. Olympia, W A 98501 Warden, W A 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 concurrent approval for a Rezone ofthe subject 10.57 acres from R-4 to R-8, and Preliminary Plat approval oDO single- family buildable lots, 2 common lots and 1 other lot. All of the homes within the development are proposed to be single-family detached. The average residential lot size in the proposed development is 8,370 square feet (excluding the large 2.77 acre lot that retains the existing cell tower). The total gross density of the project, including the large lot that retains the cell tower, is 2.84 dwelling units per acre. Excluding the large lot (which will most likely be redeveloped in the future) the density is 3.85 dwelling units per acre. Approximately 0.54 acres (5.1 %) 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): 11/16/06 9/19/06 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason ofthe 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 ofthe provisions of the Meridian City Code Title 11 Chapter 5, a public Sundial Subdivision RZ-06-01 I/PP-06-060 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21, 2006 hearing is required before the City Council on this matter. c. Newspaper notifications published on: December 4th and December 18th, 2006 d. Radius notices mailed to properties within 300 feet on: November 22nd, 2006 e. 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 150 foot tall cell tower that is located in the center of the proposed Lot 23, 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 RA 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: This parcel was previously annexed and zoned to R-4 as part of the Turtle Creak Subdivision. Prior to almexation, the cell tower on the site was approved through Ada County. e. Existing Constraints and Opportunities: 1. Public Works: 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 oftowers 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 he taken to mitigate this hazard. 4. Proposed Zoning: R-8 (Medium Density Residential) 5. Size of Property: 10.57 acres f. Subdivision Plat Information: 1. Residential Lots: 30 2. Non-residential Lots: 0 3. Total Building Lots: 30 4. Common Lots: 3 Sundial Subdivision RZ-06-011/PP-06-060 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21, 2006 5. Other Lots: 1 (Lot 23, Block 2, cell tower site - to be re-developed in the future) 6. Total Lots: 34 2.84 units per acre total (3.85 units per acre excluding the cell tower lot/site) 8. Minimum House Size: N/A 7. Gross Density: g. Landscaping: 1. Width of street buffer(s): N/A 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 0.54 acres/5.1% 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.) i. 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. 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 corner of the development. No new stub streets are proposed with this subdivision. 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 draft comments and conditions back to the City for this project. ACHD's draft 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. 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 30 single-family lots on 10.57 acres for a total gross density of 2.84 dwelling units/acre. However, the total gross density calculation of 2.84 dwelling unit/acre, includes Lot 23, Block 2 (the large lot that contains the existing cell tower). The applicant intends to redevelop Lot 23, 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 3.85 dwelling units/acre. Staff believes that the 3.85 dwelling units/acre is a more accurate measurement of density for this project because the Sundial Subdivision RZ-06.01 I/PP-06-060 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 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 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. Stafl 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 tie into 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. Staff is supportive of the proposed street connections. However, there is a two acre parcel to the west that staff believes may redevelop in the future. Staff believes that the applicant should provide a public street to this property, to enhance future connectivity in this area. Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate Sundial Subdivision RZ-06-011/PP-06-060 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 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 sidewalk 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, Obj ective 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 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 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.8 zoning district. b. Purpose Statement of Zone: R-8 Medium 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 ofthe proposed lots comply with the standard street frontage and lot size requirements of the R-8 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: Sundial Subdivision RZ-06-011/PP-06-060 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 1. RZ Application: Based on the policies and goals contained in the Comprehensive Plan, staff believes that the requested R-8 zone is appropriate for this property. Please see Exhibit D for detailed analysis of the required facts and findings for a zoning amendment. Special Considerations: Concept Plan: Due to the existing cell tower on this site the applicant is unable to develop a large portion (2.77 acres) of the subject property at this time. The applicant anticipates the removal of the cell tower at some point in future. When the cell tower is removed or relocated the applicant plans to develop that portion of property (Lot 23, Block 2) as generally shown in the tentative concept plan drawn by Stanley Consultants, dated 1/16/06. Staff is generally supportive of the concept plan for the cell tower site, and believes that the applicant should develop that area in general compliance with that plan. Maintenance of Lot 23, Block 2 (Cell Tower Site): In the agency comments meeting for this project, 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. Development Agreement: UDC 11-5B-3D2 and Idaho Code S 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. Staff believes that a DA is necessary to ensure that this property is developed in a fashion as to not negatively impact nearby properties. Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement for Sundial Subdivision as follows: 1. That all future development shall not involve uses, actiVIties, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production oftraffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat and concept plan unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at Sundial Subdivision RZ-06-011/PP-06-060 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21, 2006 the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5~7-517, when services are available from the City of Meridian. Wells may be used for non~domestic purposes such as landscape irrigation. 7. That it is the responsibility of the property owner to ensure that Lot 23, Block 2, be maintained weed free and clear of any junk or debris. 8. That Lot 23, Block 2 be developed in the future in general compliance with the tentative concept plan drawn by Stanley Consultants, dated 11/16/06, and City Code in effect at the time. 2. PP Application: The proposed preliminary plat substantially complies with the Unified Development Code. Special Considerations: Density/Open Space: UDC 11-3G-3AI 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 5.1 % (0.54 acres) open space as proposed. Landscaping: The landscape plan prepared by Stanley Consultants, Inc. on 9/19/06, is approved with the following modifications/notes: . Landscaping adjacent to the proposed micro path should be designed in accordance with UDC 11-3B-12. . 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. . A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B~14. Submit copies of a revised landscape plan, reflecting the changes/notes mentioned above, with the final plat application(s). Stub Street: Staff believes that the applicant should be required to extend a public stub street, designed to ACHD standards, to the 2.1 acre Bledsoe property (parcel #S 1202244230) to the west. Currently this neighboring property is only served by a 20 foot wide "flag" driveway that connects to N. Old Stone Way in the Fieldstone Meadows Subdivision. If no other public street is provided to this 2.1 acre parcel it would be very difficult for this parcel to ever redevelop at a density that is consistent the Comprehensive Plan designation. Staff is concerned about this situation and recommends that a public stub street, located approximately 150 feet south ofthe north subdivision boundary, be extended to parcel #S1202244230. 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, the applicant should be required to extend a public stub street, designed to ACHD standards, to the 2.1 acre Bledsoe property (parcel #S1202244230) Sundial Subdivision RZ-06-011/PP-06-060 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21, 2006 to the west. Currently this neighboring property is only served by a 20 foot wide "flag" driveway that connects to N. Old Stone Way in the Fieldstone Meadows Subdivision. Ifno other public street frontage is provided to this 2.1 acre parcel it would be very difficult for this parcel to ever redevelop at a density that is consistent the Comprehensive Plan designation. NOTE: The lot sizes adjacent to this neighboring parcel appear to be large enough that a stub street could be provided to this property without loosing a lot in the proposed subdivision. Cell Tower/Existing Buildings: There is currently a ISO-foot tall cell tower and associated maintenance buildings located in the middle of the proposed Lot 23, Block 2 of this subdivision. UDC 11-4-3.44 describes the specific standards for wireless communication facilities (cell towers). The majority ofthe 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 ofthe 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, "lfthe property is located next to a residential district, the setback requirements shall be one hundred twenty-five percent (125%) ofthe 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 lots in the proposed subdivision should be a minimum of 185 feet from the cell tower. Second, "Communication towers must be set back from all public owned right-of-way by a minimum oftwo (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. Fencing: Due to the surrounding homes, a majority of the perimeter of this site is currently fenced. The applicant should discuss any additional perimeter fencing plans 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 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. 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 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 Sundial Subdivision RZ-06-01 l/PP-06-060 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 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 [mal 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 Sundial Subdivision (RZ-06-011 and PP-06-060) with the conditions listed in Exhibit B of the Staff Report. 11. EXHmITS A. Drawings 1. Preliminary Plat (dated: 11/16/06) 2. Landscape Plan (dated: 9/19/06) 3. Phase 2 Concept Plan (11/16/06) 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 (draft) 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Sundial Subdivision RZ-06-011/PP-06-060 PAGEl 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 A. Drawings 1. Preliminary Plat (dated: 11/16/06) ..,..;:a~U.~G ~{JrJ:II!J rt.~~v ,,;.":l.;.~ ".~~ 1lI&t C>>l"'~'-""''S", e ~I 'AiNooo W...."N't'10l1iil,. 'W'1ij"MI'H ~Nc'.i. ~ NOL1~~ ~ @ - ij! ~ai-;!'I!I n i II ii'Hri ;i II · ~ II I~.i II. !l a · d: 11:= ~ II;~; = "! ~'~H" I g' = idl II.~ "I ~I ; ;IIi! i~i! II !II I ~I~" MiIS.'t i ~'. i~ "; !III i e!~;!i!! ::;PI~JI. . !I f~ I 'i i;~ ~q l -.. ~~ II "i ilS I~ It I.I~ n.d ~ a i .! i l i ! Hi' ~ll pd IUI~1 i.d.~ W:~~! ~iI ,d1i;dwi. i1"11~lt'~=J1J; U ~ Ih~llIlllU~m ill U i '~ J!':I I II ill I I \ I II j.. I..' i iii ..j .1- jl ~ Exhibit A - Page 1 'Il"'" " I I~e I n 55 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 Landscape Plan (dated 9/19/06) NVIal~3W NV1d 3d'l:f::>SONVl .1 V1d3~d NOISJAJOanS l'1:fIONns -~ Inld ! fiUd -. M Iltifl ~ ~ i Ii ""': ....- -' ../" .i' III ] il .. '" '" -,: .tO~ eO' \:; il; N " .. '" " .... .< 10 . II; ~ ~ i //' " ", ~ Il; " .. ;'! "" ,Il< l;, Il; " ... ~ ... 8 <> ;;; '" '" "" .". ,0, A. ~I\'H;I .......,.. -.q, _....". """""" "'11.._ _... "~n.LRiHl"'W:"~ftl!l"I"'!rt\"J Exhibit A - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 Phase 2 Concept Plan (11/16/06) ~--..m5I-.;)~~ G _Ioml'~ =.a;;;o"/ ":;:'.":l;.~ "" IlUli!Ijl1SUO) ~ DII8t 1It1._~IlI~OtIiIl _ ..... @l - ~~ :l :. ~ ! i i . I't i!; IE d I i r - :I I U~~.; Hiia!! !hl!djiiduii~ 1.I~i ';lm~J11i u ~ 11m II I ! UGm mil IJitls!! 1111111111111 jJ.'J!isll,u"'1 !...., offil u il!~Rli III ~11=II.d, . 's.!j · I. i!1 !igil' i Ii II ! ! i Is ~ l~ I Ie ,! ~ ~ ~ ... ~ . I I :; I'III:!; ,II; i i lh i!';=;i i II ih Iii! t!lh lid It III I '-, ISI · II I~.~ g" ~ s~~ !Ii ;iili ~ ~ l~ I~;I h Exhibit A ~ Page 3 ..... .. ! Idll I~ CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 B. Conditions of Approval 1. Planning Department 1.1 REZONE COMMENTS 1.1.1 Prior to the rezone ordinance approval, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner(s) (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 888-4433 to initiate this process. Staff recommends that the Commission and Council direct the City's Legal Department to draft a development agreement as follows: 1. That all future development shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be consistent with the applicant's approved preliminary plat unless otherwise modified by other provisions of the DA, or in the future by the City Council. 3. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. 4. That the future uses and lots on this site shall conform to the District Regulations contained in the Unified Development Code (UDC), in effect at the time of development. 5. That the applicant will be responsible for all costs associated with the sewer and water service extension. 6. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 7. That it is the responsibility of the property owner to ensure that Lot 23, Block 2, be maintained weed free and clear of any junk or debris. 8. That Lot 23, Block 2 be developed in general compliance with the concept plan drawn by Stanley Consultants, dated 11/16/06. 1.2 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-06-060) 1.2.1 The preliminary plat plan labeled Sheet No. 1 of 1, prepared by Stanley Consultants, Inc., dated 11/16/06, is approved, with the conditions listed herein. All comments/conditions of the accompanying Rezone (RZ-06-0 11) shall also be considered conditions of the Preliminary Plat (PP-06-060). 1.2.2 The landscape plan prepared by Stanley Consultants, Inc. dated 9/19/06 is approved with the following modifications/notes: . Landscaping adjacent to the proposed micro path shall be designed in accordance with UDC 11-3B-12. . Per UDC 11-3B-lO, 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. Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 · 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). 1.2.3 Provide 5.1 % (0.54 acres) open space as proposed. 1.2.4 Provide a public stub street, designed to ACHD standards, to the 2.1 acre Bledsoe property (parcel #S1202244230) to the west. The stub street shall be located approximately 150 feet south of the north subdivision boundary. 1.2.5 Place a note on the face of the final plat clearly stating that all buildable lots in the proposed subdivision shall be a minimum of 185 feet from the base of the existing cell tower. 1.2.6 All public streets shall be a minimum of300 feet from the base of the existing cell tower. 1.2.7 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. 1.2.7 A detailed fencing plan shall be submitted upon application of the [mal 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 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. 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. 1.2.11 Lot 23, Block 2, shall be maintained weed free and clear of any junk or debris until such time that this lot develops. 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 11-3A-17. Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 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 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 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 he 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 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. 1.3.6 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. 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 fmalized 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 Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 copy" of the operations and maintenance manual will be required prior to plan approval with the "ftnal 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 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. 2.9 With the final 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. 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. 2.18 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. Exhibit B - Page 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 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 of the 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 fITe-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire proj ect. 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 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing 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 proj ect. 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 permanent 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 wires. Exhibit B - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 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 (DRAFT) 7.1.1 Construct a stub street to the property to the west, allowing for the potential for future redevelopment. This stub should be constructed as the internal street section, and signage should be installed at the terminus stating: "THIS ROAD WILL BE EXTENDED IN THE FUTURE." If this stub street is greater than 150-feet in length, a temporary turnaround should be constructed at the terminus until such time that a connection is made to the adjacent parcel. 7.1.2 Extend Marburg Street to the north to tie into the intersection of Kubik Street and Fie1dstream 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. 7.1.10 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Interim Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. Exhibit B - Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21, 2006 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State ofIdaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342~1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387~6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the 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 DECEMBER 21,2006 C. Legal Description DESCRIPTION FOR SUNDIAL SUBDIVISION OCTOBER 16, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW y,. 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 '/.i OF THE NE 14 OF SAID SECTION 2, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89"11'36" E 70676 FEET ALONG THE NORTH LINE OF SAID SW Y. OF THE NE '/.i 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 89017'39" E 55.66 FEET TO A POINT: THENCE S 03"20'08" 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 ANG~NT OF 9.32 FEET AND A CHORD BEARING S 75"44'36" W 16.90 FEET TO A 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 172056'06", A 19708-SUB Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21, 2006 2 TANGENT OF 809.95 FEET AND A CHORD BEARING S 07"09'55" W 99.81 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 7427 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 15500 FEET TO A POINT; THENCE S 00'15'25" W 12.33 FEET TO A POINT; THENCE N 89"12'32" W 10500 FEET TO A POINT ON THE WEST LINE OF SAID SW 'X OF THE NE X; REVI t"P ROVAk BV Oel i '; 7.0'( MERIDIJ>.N PUeL-lC 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 DECEMBER 21,2006 N 1/4 l:ORNER Cp6J NCl.872519011. S 89'14'4'" E 2643,29' 35 36 W_ USllCK RD. 2 1 ~~~~~~~f'f~~~R SECTION 2, T/JI'j., IiI\W., IV,i, CPI:F NO. 9!l1l"~42 ROVAL GCT :: :;J[. 6 '" '" '" 00 o ~~ ~ ~ ;,,:;; :i (,,<,-,,,';.:1:"0-' ~ b ~ ~\"I(.,~,& c.. CJ NW CORNER "\\}V:IO~\-.f\ Z tI1 S 1/2 !'IE 1/4 ~\S :> "onON, _ _ --'i..~1?:;lU- _ _ ----10.2,7~ _ __ " MERIDIAN PUBLIC WORKS DEPT, S 00'20"6" E /'05,02' 5 8917'39" E I 55,66' S 03'~O'08" E --- 50,15' "" ~ ;1 o "'I 00", ~g "'z 5g I t;;~ I ~~ d 1:i1 81 zl 5 00'42'24' W ............... 6(L71' 466,092 sq. It. 10.75 acres ,<,-(."''''",o~ "'& fi.<"S:+c,' <~",<>\l' "'-5 50'44'45" W 36.34' I.. ,<.1 S 00"5'25" W 12,JJ' VJ 0- ",,,, ...I'" ~~~ N 89'50"17 N 89'12'32" W 155,00' 105.00' 5 50'44'45" W 4J,74' 39"7"4" W 7'.8" 6,,,,"'''',,,0'1- <""""p'" <"-0'<'-,,,+ c,"'?J N JL 1[' lDo so I I >00 20' '" I SCALE IN fEO EXHIBIT *A* SURVEY FoR SUNDIAL SUBDMSION LOCATED IN THE SW 1/4 OF THE NE 1/4 SECTION 2, T, 3N,/, R,1W,! S.M. MERIDIAN, ADA COuNTY, DAHO OCTOBER. 2006 owe NAME! CMG ~ Stanley Consultants INC, 1940 S. BONITO WAY. SUITE '40 MERIDIAN, IDAHO, 83ij..2 RtlJlSlONS: SCA,lE. '''~100' Exhibit C - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 D. Required Findings from Unified Development Code 1. Rezone 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: A. The map amendment complies with the applicable provisions of the comprehensive plan; Staff fmds that the proposed zoning 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. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff fmds that the development of this property should be required to comply with the established regulations and purpose statements of the requested zone. See Section 10, Analysis above for information on the regulations that need to be complied with. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed rezone, and subsequent development of this property shall not be detrimental to the public health, safety and/or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest of the City (UDC 11-5B-3.E). This finding is not applicable to the rezone request. 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: A. The plat is in conformance with the Comprehensive Plan; Staff fmds 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 fmds that services can be made available to accommodate the proposed Exhibit D - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF DECEMBER 21,2006 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 finding. (See finding 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 not 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 development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 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 maj or importance of which staff is unaware. Exhibit D - Page 2