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Sundial Subdivision i CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~g /I'ITIDI' ~oridian mAHO ~~~...~ In the Matter of Preliminary Plat approval of 28 ingle-family residential building lots, 3 common lots and 1 other lot, by Gemstar Development. Case No(s). PP-06M060 For the City Council Hearing Date of: March 20, 2007 (Continued to April 3, 2007 and Findings on the April 17, 2007 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 20,2007 incOIporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 20,2007 incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 20, 2007 incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 20,2007 incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. ~67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6,2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code ~ II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP.06-060 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 20, 2007 incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code ~ 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat dated 1/18/07 is hereby conditionally approved; and, 2. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 20, 2007 incorporated by reference. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void ifthe applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with ll-6B- 7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP.06-060 Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code ~ 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 20, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP.06-060 By action of the City Council at its regular meeting held on the ,2007. day of COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED COUNCIL MEMBER KEITH BIRD VOTED TIE BREAKER MAYOR TAMMY de WEERD VOTED MAYOR TAMMY de WEERD ATTEST: WILLIAM G. BERG, JR., CITY CLERK Copy served upon: Applicant Planning Department Public Works Department City Attorney By: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-06-060 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 STAFF REPORT TO: FROM: Hearing Date: 3/20/2007 Mayor and City Council Justin Lucas, Associate City Planner 208-884-5533 ,-.....U /,C"'.'" .~" ~orid:n~ \ . IDAHO I :. SUBJECT: Sundial Subdivision PP-06-060 Preliminary Plat of28 ingle-family residential building lots, 3 common lots and 1 other lot, in the proposed R-8 zone, by Gemstar Development. 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 Planning Commission 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 ~ of a mile south of Ustick Road and 112 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, staffhas provided a detailed analysis and reconunended 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. The Meridian Plannin!! and Zonin!! Commission heard this item on December 21. 2006 and February 15. 2007. At the February 15. 2007 public hearin!! the Commission moved to recommend approval. a. Summarv of Commission Public Hearin!!: i. In favor: Scott Norivuki. (The followin!! si!!ned in favor but did not provide verbal testimony: Michael McHarillUe) ii. In opposition: Bill Johnson. Ron Whitine. Shawn Josi. Elaine Josi. Meredith Huebschmann. Dovle Christensen. Lucille Fretwell. Jeff Coe. (The followin!! siened in opposition but did not provide verbal testimonv: Kira Stiele. Scott Looney. Amber Loonev. Kevin Sorenson. Gerald Dow. Kathryn Dow. Deborah Lon!!. Anita Lon!!. Paul Dye. Alan Balcei. Dr. Tallfey. Ramon Sundial Subdivision PP-06-060 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 Arrow. Chuck Ceceseere. Jina Prim. Patsy Sadv. Mathew Friend. Ronna Masl!rove. Bradlev Llovd. Ken Kinzel) iii. Commentinl!: James Hall. Ronald Herr. Michael Huebschmann iv. Written testimony: Gerald Dow. Kathrvn Dow. Dovle Christensen. Tumble Creek Board of Directors. and two petitions expressin2 concerns si2ned bv over 100 people v. Staffpresentinl! application: Justin Lucas vi. Other staff commentinl! on application: Mike Cole b. Kev Issues of Discussion bv Commission: i. - The proposed pressurized irril!ation system ii. - How the proposed subdivision will inteerate into the surroundine neil!hborhoods c. Kev Commission Chan2es to Staff Recommendation: i. - Specificallv required an HOA to be formed for this proiect d. Outstandinl! Issue(s) for City Council: i. ~ None The Meridian City Council heard these items on March 20. and April 3. 2007. At the Dublic hearinp they annroved the subiect Preliminarv Plat reouest. .&. Summary of Citv Council Public Hearinp: i. In favor: Susan Wildwood. Scot Norivuki ii. In oooosition: None iii. CommentiM: Michael f!:!!ebscl!m.a:qp.. Jopn ~chaf~r IV. Written testimonv: None v. StaffRresel!~inl! aoolicagQn: .Q. <;;:aleb Hood vi. Qther staff commentinl! on aoolication: None h.. Kev Issues of Discussion bv Council: i. NQne .c. Kev Council Chanpes to Commission Recommendation: 1. None 3. PROPOSED MOTION (to be considered after the public hearing) Approval After considering all staff, applicant and public testimony, I move to approve File Number PP-06- 060 as presented in staff report for the hearing date of March 20,2007 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PP-06- 060 as presented during the public hearing on March 20, 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 #SI202131240, in Sundial Subdivision PP-06-060 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 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 of 28 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 of the 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 hearing is required before the City Council on this matter. b. Newspaper notifications published on: December 4th and December 18th, 2006 (Planning Commission); February 26th and March 12th, 2007 (Citv Council) c. Radius notices mailed to properties within 300 feet on: November 22nd, 2006 (Planning Commission); Februarv 23rd, 2007 (City Council) d. Applicant posted notice on site by: December 11 th, 2006 (Planning Commission); March 10th, 2007 (City Council) 6. LAND USE Sundial Subdivision PP-06-060 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 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 RA 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 subj ect 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 subj ect 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: 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. Canals/Ditches 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 Sundial Subdivision PP-06-060 PAGE 4 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 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 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. Width of street buffer(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 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, Fie1dstream 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 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 comments 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 Sundial Subdivision PP-06-060 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 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 suqject 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. Sundial Subdivision PP-06-060 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 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 intetvals 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 constructJivefoot 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. Stafffinds 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 appropriatefor this property. 9. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDe) 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 Sundial Subdivision PP-06-060 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 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 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). 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 #SI202244230) 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. 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 commwication facilities. Due to the fact that the facility on this site was approved through Ada Cowty, and has been in Sundial Subdivision PP-06-060 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 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 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 ofthe 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 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. 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 fmal 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 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 Sundial Subdivision PP-06-060 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 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 recommends approval of the proposed Sundial Subdivision (pP-06-060) with the conditions listed in Exhibit B of the Staff Report. The Meridian Plannine and Zoning Commission heard this item on December 21.2006 and February 15. 2007. At the February 15. 2007 public hearine the Commission moved to recommend approval. The Me.f!~i~n City Council heard.the~e. i~ems .QJ,1 March 20. ~nd April 3. 2~1. At the~bJjc.hearinl! Jbe.Y.JWJlfOVed the~JLI:J-.itct Preliminarv Plat reouest. 11. EXHffiITS A. Drawings 1. Preliminary Plat (dated: 1/18/07, Revised) 2. Landscape Plan (dated: 1/15/07, Revised) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department C. Legal Description D. Required Findings from Unified Development Code Sundial Subdivision PP-06-060 PAGEl 0 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 A. Drawings 1. Preliminary Plat (dated: 1/18/07, Revised) "~-IIIIIIMIlIIIIIP;t'~~ S "IIII-UZ"_~~ =~!I:iliiiii"a "::.~~ ,.. ~ Illluels IImt DlI'~__I1i_ _ OIMJI"..uNfiOO'<<nl 'NlI1C1r~... 'W'S -'.It\~'l!j: "!\IC'.i. 'lNOIJ,.:]~$" .~ , .... . ij~ .....8- " I ~ " ! Ii ! '. I H! I I ! e ~; Iii ~1~1'IIHn I I Ii. ill! 1@1.1 PlI ~ · UI~ III p'! Ilid'll i I~ I!fl! I h ~~ Ila' ,I 'UghlUl. .~ ..10 I g. h~lIiullI! n~m mill ~ i~l. !1~lqlilll 11111111 11I1 II! Ili~ ',Iihl~el ."0'1 I.....t '~'1j j 1!lliiill~!!in~;1 IJI I i~ = tI' qoClG' ~ C1.'5' !I ii ;ai= ii aj I' 'If I ~' ! ,i b , 'j i~ . l'lli oill!1 l ~ ~ I . [Ii ~ ~~ . .!l~~ II ~ Ii I i I s III! I~bl flbil i 15 --- Exhibit A - Page I CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 2. Landscape Plan (dated: 1/15/07, Revised) I~:i III' II: ~.: jilU:ii :! I' i:.L'. --","'" ~'=;:;;-;;;7'":;Z=:'~'!~,.::~_. ill ... <> ~ .-<~~, 'Iii .'1' ill ------~,' :::;1 -';1 l/' "/ . 1lI .... ~ g 0,.," ("') \;\ ~ :i /1 / ;' / J .:" ~l ,j ~':~ ;/ / ./ ,,./ / ,/,/ . , .,' Exhibit A --- Page 2 NVlal~3W N.",d 3dVOSON\f11 V1d3~d NOISIAIOSnS lVIONns ;'. -;.'t ~b ,Y\C 'f% %'" i" ;t '" ~ :i !;: ~ II; ill ~ "\ :~ '" ((~ ~ ! .. '" :: ~ .. '" ~ '" ... o .. '" II; ~ of II; ... ~ ., /,/ ;' '\ /// "':g9/ '\ -' ::l ",~; ...... . \ :' ~ \~ ~:~;,~ .., .i bi '"'" "'<_ " '1: on :g '''''. ,.........., ~ / I ":"c..~...~'...,, "-:;,:~...~....,~:....... ~.... 4 ~ "~~'; /-<::Z~,::(_,---'"O'::~~<:;:~;:-;-- _~_ /.::"_--_. ;' / , " ./ \:\.. '" R ~ -......-...-,.. ;j' ~llllj IAllil : ::: ,Pi lUlU .. lil~~' --i-'-- A1! . 111n II !l~l lit.if;! ~ I , _ _ 1,,1;.1 I "'"": ::; i i '" ~ ; cO N w i!:l ~ '?\- !~\~.,;_. N \ /> // \ \ tli III N .. -- [::; .. ~ .. .,; III ....~ .; III "'8 :i " \ \ ~,;:~;;;;~;::;;:;.;:~,;,,:,:;:::~:,~::;:::o~_:,--:".'. ..'. . ~..,.;~~:;=::~::~:'~:~;'-;7" __ .. un;_ :.~_. ..- _ _ :.. ~_"':"_~::: ==--" -:: -~---=--~".- N III ~ njN NOIS.I\\()fJi\~:; $I,\<)G':J~ ,N01SUrll> ill N ;e o '" CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 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 8, Block 2, shall be designed in accordance with UDC 11-3B-12. . Per UDC 11-3B-I0, 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 #81202244230) 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 #51202244230) southern boundary; move the stub street to the north at least 10 feet. 1.1.6 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 170 feet from the base of the existing cell tower. 1.1.7 All public streets shall be a minimum of300 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 ofthe fmal plat by the City Engineer. 1.2.7 A detailed fencing plan shall be submitted upon application of the fmal 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 A home owners association shall be established as part of this subdivision. Exhibit B - Page 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 1.2.9 Maintenance of all common areas shall be the responsibility of the Sundial Subdivision Home Owners' Association. 1.2.10 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 Warks 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. 1.2.11 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 11-3A-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 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 calUlot be incorporated into the approved open space and still meet the standards of UDC 1l.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 Warks 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 Exhibit B - Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20,2007 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 [malized 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 detennined 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 "[mal draft" being required prior to final plat signature on the last phase ofthis 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 Exhibit B - Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 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 fmal 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 detennined 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 NPDESPermitting 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 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 project. 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 fITe hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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'. Exhibit B - Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.3 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing 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. 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." lfthe applicant uses a substandard street section, fire 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 adjacent 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 Exhibit B - Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 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. 7.1.4 Construct a stub street to the open space portion ofthe 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 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 of Idaho shall prepare and certify all improvement plans. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road hnpact 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. Exhibit B - Page 6 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 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 MARCH 20,2007 C. Legal Description DESCRIPTION FOR SUNDIAL SUBDIVISION OCTOBER 16, 2006 A PARCEL OF LAND BEING A PORTION OF THE SW % OF THE NE % 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., R.1 W., 8M" THENCE S 00015'25" 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 89017'36" E 70676 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 00020'16" E 10502 FEET TO A POINT; THENCE S 89017'39" E 55.66 FEET TO A POINT: THENCE S 03020'08" E 50.15 FEET TO A POINT; THENCE S 00042'24" W 66,71 FEET TO A POINT; THENCE S 60"40'50" W 81,15 FEET TO A POINT; THENCE S 39'15'15" E 110,,00 FEET TO A POINT; THENCE S 50"44'45" 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 TANGENT 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 172'56'06", A 19708-SUB Exhibit C - Page 1 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 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 03015'15" 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 5216 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 51040'30", 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 15500 FEET TO A POINT; THENCE S 00015'25" W 12.33 FEET TO A POINT; THENCE N 89012'32" W 10500 FEET TO A POINT ON THE WEST LINE OF SAID SW Yo OF THE NE y.; REVI ('%PRROV,I\L. BY J Del i c: 7.l!:/~ MERIDII<N PUBL.IC WORKS DEPT. LEAVING THE BOUNDARIES OF TURTLE CREEK SUBDIVISION NO 3 AND NO 2: THENCE N 00015'25" 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 MARCH 20, 2007 S 59"4.4" E 2643,29' 35 36 ROlli>., N 1/. C;OA:NER I;P"F loIO.872519" W. USTlCK RO, OCT 1'2 ~,UI" 2 1 ~g;:~~[:~5f~:R !i[C:TlIJN ~, TjJN., R1W., e.u. o CPl!:. NO. 1jI,,1":i42 '" '" :~ ~ I ~ ~~ Z ~~~O~ ~ g:2 ~oJ-~lr 0.. .w 7:""'" "\\~'O,,,\~ ~ tIl ~Ec.l~E2 1/4 '? - - -..S..6jn.3ll.:....L.- _ _ -----1C&7~ _ _ _ MERIDIAN PUBLIC WORKS DEPT S 00'20"6" E ______105,02. S 5917'39" E I 55,66' S 0~'20'06" E ---- 50, IS' ;,,1 ~ ~II c,", ;So :<z ..,z Blil I ~~ II ~~~ N ;"1 gl "I S 00'42'24" W -- 66.71' 466,092 ~I:t.'t. 10.75 ocr!!!s ~(..(..+-,p) ,,0- ~\& ,\\~ ,,\~ <;~'O """'--$ 50'44'45" w 36,34' "" \0 S 00"5'25' W '2_33' 'C-3" 5 50'44'45' W 43,74- N 39"7"4" W 71.51' N 69"2'32' W '05,00' ~(.."-+-",a')- :i',,\.\((',~-p" '~u'O(J\ N J[.. 1L SW COSlIIIEFl !liE 1/4 ~eTIOhl~ I rkF ;eJ2g"o~ 'DD SO '" ,oa ,co I SCAlE IN rrET CUFl'lli: TA,61..E: EXHIBIT *A* SURV(Y FOR SUNDIAL SUBDIVISION LOCATED IN THE SW 1/4 OF THE NE 1/4 SECTION 2, T. 3N.r. R,1W,! 8.M. MERIDIAN. ADA COuNTY, DAHO OCTOBER, 2006 ~ Stanley Consultanu INC 1940 S. E10NITO WAY, SUITE 140 uEJ~:IDI.N, IOA,,'m, S.)642 RE'ASlONS; DWC N;.Mt! CMG ~C~LE. 1".100- Exhibit C ~ Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 20, 2007 D. Required Findings from Unified Development Code 1. 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; The City Council 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 adeqnate to accommodate the proposed development; The City Council 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, the City Council 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 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 Councilor Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The City Council is unaware of any natural, scenic or historic features on this site. Therefore, the Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. 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. Exhibit D - Page I