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HomeMy WebLinkAboutBenewah Subdivision - PFP-07-001 ,. " CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER :fI't e::M'cri:n:r - -, "\. '. " ~ , l ,../" -)-. 'lm IDAHO In the Matter of Preliminary / Final Plat approval of two (2) lots in an existing R-8 zone, by Greg Walker Case No(s). PFP-07-001 City Council Hearing Date: July 10, 2007 (Continued from June 26, 2007) Findings for the City Council Regular Meeting of: July 24, 2007 A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 10, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 10, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 10, 2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 10, 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 (LC. 967-6503). 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 9 II-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW, AND DECISION & ORDER CASE NO(S). PfP-07-001 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, Final Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of July 10, 2007, incorporated by reference. The conditions are concluded to be reasonable and the Applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S 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 January 12, 2007, is hereby conditionally approved; 2. The Applicant's Final Plat, as evidenced by having submitted the Final Plat, dated January 25,2007, is hereby conditionally approved; 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of July 10, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Preliminary Plat Duration: Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the Applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-001 approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and fInal plat, or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met, and the Applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notifIed that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be fIled with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be fIled. 2. Please take notice that this is a fInal action of the governing body of the City of Meridian. Pursuant to Idaho Code S 67-6521, an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of a 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 July 10, 2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-001 By action of the City Council at its regular meeting held on the Z 4 ~ day of Jt<bj- ,2007. COUNCIL MEMBER DAVID ZAREMBA VOTED ~ VOTED~ VOTED /fJJ.t.vf- COUNCIL MEMBER JOE BORTON COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED ~ MAYORTAMMYdeWEERD (TIE BREAKER) VOTED - cf Attest: SEAL ~""" ~ E -;:; <1:.. ...4"' , .:: ~ -":~'-~r 1S\ . D f -j. ...~ " "I' COt 6'\'1 ~ " //1 ' .... \,\ "1, JrlJT'l, \\" Iflfl/ /111'\1\\"\ Copy served upon Applicant, The Planning iSepartment, Public Works Department and City Attorney. BY~ ~~O L0 City Clerk ~ Dated: ,-25-0. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION & ORDER CASE NO(S). PFP-07-00l CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF illLY ]0,2007 STAFF REPORT Hearing Date: 7/10/2007 Continued From: 6/26/2007 TO: Mayor & City Council cU;;di~\ \ 1l}.\l-IlJ f ~ . '< -_I_,-,~",!Y",~'" :g FROM: Amanda Hess, Associate City Planner 208-884-5533 SUBJECT: Benewah Subdivision . PFP-07-001 Request for Preliminary / Final Plat of Two (2) Residential Lots on 0.448 Acres in an R-8 Zone, by Greg Walker 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, Greg Walker, has applied for Preliminary / Final Plat (PFP) approval oftwo (2) residential lots on 0.448 acres. The property is currently zoned R-8 (Medium Density Residential) and is located at 2673 N. Ridgebury Avenue in the SEU NEU of Section 1, Township 3, North Range 1 West, B.M. This site is currently designated "Medium Density Residential" on the 2002 Comprehensive Plan Land Use Map. The subject property is commonly known as Lot 13, Block 3, Vallin Courts Subdivision. The Vallin Courts Subdivision was recorded in 2005. The Applicant is proposing to subdivide Lot 13, Block 3, into two new lots, for Benewah Subdivision. The lot sizes are at approximately 8,900 and 10,600 square feet. The subject development is eligible for a combined preliminary / final plat application because the proposed subdivision does not exceed four lots, there are no new streets being dedicated or widened, and this development is not located within a floodplain, hillside, or the like (UDC 1l-6B-4A). The subject property is within the City's Area of Impact and Urban Service Planning Area. 2. SUMMARY RECOMMENDATION Staff recommends approval of PFP-07-00l for Benewah Subdivision, as presented in the staff report for the hearing date of April19, 2007, based on the Findings of Fact listed in Exhibit D and subject to the comments listed in Exhibit B. The Meridian Plannine and Zonine Commission heard these items on April 19. 2007. May 3. 2007. and May 17. 2007. At the May 17. 2007. public hearine the Commission voted to recommend approval of the subject PFP application. a. Summary of Commission Public Hearine: i. In favor: None (Applicant did not show) ii. In opposition: None iii. Commentine: None iv. Written testimony: None v. Staff presentine application: Amanda Hess vi. Other Staff commentine on application: None b. Key Issues of Discussion by Commission: i. Perimeter fendne was installed with the Vallin Courts Subdivision. c. Key Commission Chanees to Staff Recommendation: i. None d. Outstandine Issue(s) for City Council: i. None Benewah Subdivision - PFP-07 -00] PAGE] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10,2007 The Meridian City Council heard this item on .June 26. 2007. At the DuhHc hearim! thev elected to continue the DubHc hearinl,! to the .Julv 10. 2007. City Council meetinp. At the .Julv 10. 2007. DubHc hearinl,! thev aDDroved the subiect aDDlication. a. Summary of City Council Public Hearinl,!: i. In favor: Gre!! WalkerjAoolicantl ii. lDoooosition; None iii. .Commentin!!: None iv. Written testimonv: None v. Staff ores~ntinll aoolicatiQn: Anna C~ing vi. Other Staff commentjp.ll on aoolic.ation: None h. Kev Issues of Discussion bv Council: i. Nmli; c. Kev Council Chanpes to Commission Recommendation: i. None 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number PFpw07-001, as presented during the hearing on July 10, 2007, with the following modifications to the conditions of approval: (add any proposed modifications) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number PFP-07-001, as presented during the hearing on July 10, 2007, for the following reasons: (state specific reasons for denial ofthe preliminary/final plat request) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number PFP-07- 001 to the hearing date of (insert continued hearing date here) for the following reason(s): (state specific reason(s) for a continuance) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 2673 South Ridgebury Avenue SW~ NE~, Section 1, T4N, R1W b. Owner: Westminster Homes 128 S. Eagle Road Eagle, ill 83616 c. Applicant: Greg Walker Walker Homes, Inc. 880 E. Franklin Road, Suite 306 Meridian, ill 83642 Benewah Subdivision - PFP-07-00I PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 d. Present Zoning: R-S (Medium Density Residential) e. Present Comprehensive Plan Designation: Medium Density Residential f. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): January 12,2007 2. Date of Final Plat (See Exhibit A): January 25,2007 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, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a final plat, as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: April 4, 2007, & April 16, 2007 (Planning & Zoning Commission) June 4,2007, & June IS, 2007 (City Council) d. Radius notices mailed to properties within 300 feet on: March 23,2007 (Planning & Zoning Commission) June 1, 2007 (City Council) e. Applicant posted notice on site by: April 9, 2007 (Planning & Zoning Commission) June 16. 2007 (City Council) 6. LAND USE a. Existing Land U see s) : Vacant land. Existing structure has been removed. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed and approved for residential development. c. Adjacent Land Use and Zoning: 1. North: Vallin Courts Subdivision, zoned R-S 2. East: Vallin Courts Subdivision, zoned R-S 3. South: Waterbury Park Subdivision, zoned R-4 4. West: Residential / Agricultural land, zoned RUT (Ada County) d. History of Previous Actions: The subject application proposes to subdivide Lot 1, Block 3, of the Vallin Courts Subdivision. Vallin Courts was granted final plat approval by City Council on January 4,2005. e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: There is currently sewer in N. Ridgebury Avenue Location of water: There is currently water in N. Ridgebury Avenue Benewah Subdivision - PFP-07-00I PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10,2007 Issues or concerns: None 2. Vegetation: Primarily vacant land. Existing trees will be retained or relocated on site. 3. Floodplain: The property is located within the 100-year and 500-year floodplains. 4. CanalslDitches/Irrigation: Creason Lateral runs just south ofthe subject site. 5. Hazards: N/A 6. Size of Property: 0.448 acres f. Subdivision Plat Information: 1. Residential Lots: 2 2. Non-residential Lots: 0 3. Total Building Lots: 2 4. Common Lots: 0 5. Total Lots: 2 6. Open Lots: 0 7. Residential Area: 0.448 acres 8. Gross Density: ~4.5 units per acre 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: N/ A 4. Other landscaping standards: Per UDC 1l.3A-15, all developments shall have underground pressurized irrigation systems in compliance with Meridian City Code, Title 9, Chapter 1. h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for detached single family dwellings. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): Access to the development will be from Meridian Road via either the Salisbury Lane Subdivision or Clearbrook Estates Subdivision. Each of the proposed lots will have individual driveway access to N. Ridgebury Avenue. 7. COMMENTS MEETING On March 29,2007, Planning Staff held an agency comments meeting. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. The Comprehensive Plan calls for single.family homes at densities of three to eight dwelling units per acre on this site. (See Page 95 of the Comprehensive Plan) There are two building lots proposed on the subject 0.448 acres. There is a maximum density of 8 dwelling units per acre allowed in the R.8 zone by the UDC; the proposed gross density of Benewah Subdivision is approximately 4.5 dwelling units per acre. Staff does find that the proposed zoning designation, R-8, and density of 4.5 dwellings per acre, is in accordance with the Benewah Subdivision - PFP-07-001 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10,2007 2002 Comprehensive Plan and Future Land Use Map. The following Comprehensive Plan policies apply to this application: · Chapter VII, Goal ill, Objective A, Action I ~ Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the subject development in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. · 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 will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Chapter VII, Goal IV, Objective C, Action I . Protect existing residential properties from incompatible land use development on adjacent parcels. Stafffinds that the adjacent residential developments are compatible with the proposed subdivision. · Chapter VII, Goal IV, Objective C, Action 10 - Support a variety of residential categories (low-, medium-, and high-density single family, multi~family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. Staff finds that the proposal will contribute to the existing single-family residential product within the City of Meridian. Staff believes that the proposed development and density (4.5 d.u. 's/acre) for this property is appropriate and consistent with the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family developments as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation PRELIMINARY/FINAL PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a good Benewah Subdivision - PFP-07-00 1 PAGE 5 CITY Of MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10,2007 location for the proposed single-family residential products. Please see Exhibit D for detailed analysis of facts and fmdings for a preliminary plat. 1. Access: Access to the proposed two-lot subdivision within the existing Vallin Courts Subdivision will be via Meridian Road and through either the Salisbury Lane Subdivision or the Clearbrook Estates Subdivision. Access for the future homes will be from Ridgebury Drive. Direct lot access to N. Venable Lane is prohibited. 2. Homes / Lot Sizes: The application proposes 2 detached single family homes within the R-8 zone. Lot sizes with the subject development range will be 8,932 square feet and 10,590 square feet. 3. Landscaping: No additional landscaping or open space is required for this development. Maintenance of all common areas for Vallin Courts Subdivision shall also be the responsibility of the Benewah Subdivision Homeowner's Association. 4. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single- point connection to the culinary water system shall be required. An underground, pressurized irrigation system should be installed to all properties per the approved specifications and in accordance with UDC ll-3A-15 and MCC 9-1-28. 5. Fencing: Perimeter fencing is not shown along the west and south property boundaries of the proposed development. Staff recommends that the Applicant. at the public hearing. provide testimony as to whether fencing will be constructed along said boundaries. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing adjacent to micropathways and common areas are also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it cannot exceed four feet in height. All fencing shall be installed in accordance with UDC 11 ~3A-7. 6. Ditches. Laterals. and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. 7. Tree Mitigation: Any existing, on-site tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 8. Existing Structures: All existing structures that are to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the R-8 zone. Prior to signature of the final plat, if necessary, all structures that do not meet the dimensional standards should be removed. b. Staff Recommendation: Based on the above analysis, Staff fmds that application PFP~07-001 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said PFP application subject to the conditions listed in Exhibit B. At the Mav 17. 2007. public hearin2 the Commission voted to recommend approval of the subiect PFP application. The Meridian City Council heard this item on June 26. 2007. At the nuhlic hearing thev elected to continue the nuhlic hearin!;! to the Julv 10. 2007. Citv Council meeting. At the Julv 10. 2007. nublic hearin!;! thev annroved the subiect aDnlication. Benewah Subdivision - PFP-07-001 PAGE 6 CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 11. EXHmITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated January 12, 2007) 3. Final Plat (Dated January 25,2007) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services Company 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department C. Required Findings from Unified Development Code Benewah Subdivision - PFP-07-00 I PAGE 7 RING DATE OF JULY 10, 2007 FOR THE HEA REPORT NNING DEPARTMENT STAFF MERIDIAN PLA CITY OF A. Drawings 1. Vicinity Map Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10,2007 2. Preliminary Plat (Dated January 12, 2007) F>> FI II: L ,1\;1, ........A".FI.,.,.. f=I' I- .A. ..,.. BE"'EVVA.H SUBD'V'S'C)'" RlPt.AT OF LOT 1J BLOCK J OF VAWN COURTS A PLANNED DnnOPAlENT A PART OF THE HE 11of. SECTION 1, 1. J N.. R. 1 Wo. 8.11. ADA COUNTY. IDAHO 2007 I J .. .... 11-8"''' ~.~~ / ~/~ ---........~~.M__ \ VALUN COURTS SUBD/IAS/ON 800K 93 PAGES "208-"212 <05>5 .....~~... \ \1+/ . 1 '. 1~000I_1 _.J \~~ ~ \\ --~ "\\ ~/ \.. /" \ \/ ,,~o I --------J''-/.t....~. VAWN COURTS SUBDIVI ..;; 1.111' ~ff\. \ PAGElr:O::1l212 UNC e.tM'~~< :':'1;t/?, i _lIE I ~..<.(, 7> \ _' '-"- " <.( ~ . -'~;;~~~::~:;;~'2:2:''''OC'''': ~W; ~ABlE a; gm. ....., ---. ---'" ......"'-..~_.~ 17 ........,.. ..,...,"- -Y"--.:'~~'~~' .'_~.'~'_ ___ . ..... _ N ....... ._ 8 --...,- ...,. r I/f Clor. I '-- -~ Exhibit A CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10,2007 3. Final Plat (Dated January 25,2007) ~.v:I'" i< lilf !! ~ "i I ,~; 'i i~.i I, s h ,~ Ii: ..lI~ I' ~Ii . 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'J'l~ i '~"", T "0 ....- · r//" '<\]~~ ~ . _-~ , '1 ,'.~ ~: i------- ,. i ~ IiI i '~I1"~~.~ '!~l ;': .~ .~~ / J ! ~ 's f ""~_eu____~J L..r----.-;.;j,i " ;l"1 'i.ii - - ..: -- - - ,+-- , - - ~.- ~ '~<{~f'" ~;~J' E!i.- - -....,. ~,;:;; ~ -----....~ ~"'~~~ ~\::~~.~:_.~~:'~-'~":~-----'m._~_._..u~ ___~~~ '~"3I'...:fOS:.!S~ ~ z ~. Oe;>,;. i~ ; ~ ~~.. ~ Q :>,3 ,",0 mi:l~ ..;~ """~,!>c" 0g~I~!~ I ,,~~a I % ~~ 'Z:~ 51' ,!C Qa:' ~ I ~ ~"~ ~ :t' 2:5 ~ ~ III~'"' ;0 lD ~ -j 1 I I Exhibit A Ill!! I f.~ll! ~ .Ii... 3,l! , J] II i , ut: , Ii" I :{ .,. I ~-: 1'~J E:;~!:! ~ o ..... U) '" ~ ''-':5)'' , 0" ''liCD ~ . (,~tr !'.1 :~l~' I , I I I iyi ~ I il I I .,. I * , ~'I ~.i ~ ~i' · >./<:): .1 5~J I ~>-~ I ~h :".~ ~ a ~_.:i: fr.;;" -au "fi.., i~~l ;;1 1.1.2 1.1.3 1.2 1.2.1 1.2.2 1.2.2 1.2.3 1.2.4 1.2.5 1.2.6 1.2.7 1.2.8 1.2.9 1.2.10 Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARlNG DATE OF IDLY 10, 2007 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 1.1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT The preliminary plat labeled as Sheet No.1, prepared by Mason & Stanfield, Inc., and dated January 12, 2007, STAMPED Apri119, 2007, by Daren L. Holzhey, PLS, is approved with the conditions listed herein. Four-foot, closed-vision wooden fencing shall be constructed adjacent to the north lot line of Lot 1, Block 1, Benewah Subdivision, if not already installed. Additionally, 4- foot, closed vision wooden fencing shall also be constructed adjacent to the south lot lines of Lot 2, Block 1, Benewah Subdivision, if not already installed. All fencing shall be installed in accordance with UDC 11-3A-7. Benewah Subdivision shall be subject to the UDC standards of the R-8 (Medium-Density Residential) zoning district. SITE SPECIFIC REQUIREMENTS-FINAL PLAT The final plat, labeled as Sheet Nos. 1-3 and prepared by Mason & Stanfield, Inc., dated January 25, 2007, and STAMPED January 25, 2007, by Daren L. Ho1zhey, PLS, is approved with the conditions listed herein. Applicant shall meet all terms of the approved Annexation and Zoning (AZ-03-036), Preliminary Plat (PP-03-042), and Final Plat (PP-04-079) for Vallin Courts Subdivision. All fencing must be in compliance with UDC 11- 3A-7 and UDC 11- 3A-8. All fencing adjacent to Lot 12, Block 3, and Lot 14, Block 3 shall be no taller than four feet (4') in height. This subdivision lies within the Nampa & Meridian Irrigation District; the District will own and maintain the pressurized irrigation system within the development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, a single-point connection to the domestic water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the irrigable landscape areas prior to signature on the final plat by the Meridian City Engineer. The water system shall be approved and activated, fencing installed, and the Final Plat for this subdivision shall be recorded prior to applying for building permits. Prior to issuance of a building permit or signature of the Final Plat, the Applicant shall submit evidence that any right-of-way construction and public utility improvements have been approved by all required agencies and authorities. All development improvements including water, sewer, fencing, and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, sanitary sewer, water, etc., prior to signature of the final plat. Applicant will be responsible to construct all required sewer lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. Applicant will be responsible to construct all required water lines to the proposed subdivision. Developer to coordinate sizing and routing with the Public Works Department, if necessary. Applicant shall be required to pay Public Works development plan review and construction CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 1.2.11 Revise or add the following notes on the face of the plat, prepared by Mason & Stanfield, Inc., and stamped on 1/25/07 by Darin Holzhey, prior to signature of the final plat by the City Engineer: 3.) Revise to read, "...compliance with Title 11 aRe Title 12 of the Meridian City Codo the City of Meridian's applicable zoning code at the time of submitta1." *.) Add note, "Direct lot access to N. Venable lane is prohibited." *.) Add note, "Maintenance of all common areas for Vallin Courts Subdivision shall also be the responsibility of the Benewah Homeowner's Association." *.) Add note, "All properties shown on this plat are located in an agricultural zone. This is an area in which agricultural operations are ongoing and may include, but are not limited to, aerial spraying, the production of crops, the operation of feedlots, hog farms, dairies, and / or gravel pits. All of these activities may result in the production of noise and other inconveniences. They may involve lights or the use of machinery in the nighttime hours. All owners of property identified on this plat are prohibited from challenging the aforementioned operations if they are lawfully conducted." *.) "Add note, "Bottom elevation of structural footings shall be set a minimum of 12 inches above the highest established normal groundwater elevation." Revise the legend on the face of the plat to read: Public utility, drainage, and irrigation easement. The Vallin Courts Subdivision is recorded with the Ada County Recorder as Book 93, Pages 11208 through 11212. Please correct this. The legal description in the Certificate of Owners refers to a subdivision called "Ridge Haven." The submitted subdivision is "Benewah." Please correct this. 1.2.12 1.2.13 1.2.14 1.2.15 1.2.16 1.3 1.3.1 1.3.2 1.3.3 1.3.4 1.3.5 Exhibit B Prior to the City Engineer's signature of the final plat, all existing structures that do not meet the City's dimensional standards shall be removed. Staff's failure to cite specific ordinance provisions or terms of the approved Annexation and Preliminary Plat for Vallin Courts Subdivision does not relieve Applicant of responsibility for compliance. GENERAL REQUIREMENTS-PRELIMINARY / FINAL PLAT Sidewalks/walkways shall be installed within the subdivision and on Ridgebury Avenue pursuant to UDC 11.3A-17. All lot lines common to a public right-of-way shall reserve a 10' utility easement. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill materia1. The Applicant shall comply with the outdoor lighting standards shown in UDC 11- 3A-I1. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single-point 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. An underground, pressurized irrigation system should be installed CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10, 2007 to all landscape areas per the approved specifications and in accordance with UDC 11- 3A-15 and MCC 9-1-28. 1.3.6 Where permanent fencing is not proposed on-site, temporary fencing shall be installed around the subdivision boundary perimeter to contain construction debris prior to issuance of a building permit. All permanent fencing shall taper down to 3 feet maximum within 20 feet of all right-of- way. All fencing should be installed in accordance with UDC ll-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.8 Staffs failure to cite specific ordinance provisions or terms of the approved annexation / preliminary plat does not relieve the applicant of responsibility for compliance. 13.9 All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 1.3.10 Final plat approval shall be subject to the expiration provisions set forth in UDC ll-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of sewer main in N. Ridgebury Ave. 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 No manholes or water valves shall be allowed in the landscape islands. 2.3 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC ll-3A-6). The Applicant should be required to use any existing surface 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 [mal plat by the City Engineer. 2.4 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 [mal plat. 2.5 Floodplain: Any work or improvement within the floodway or floodplain on this property shall file a floodplain development application with the City of Meridian Public Works Department prior to commencement of the work. 3. FIRE DEPARTMENT 3.1 The proposed proj ect has no fire department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC ll-3B-1O) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC ll-3B.lO) will be followed. 6. SANITARY SERVICES DEPARTMENT Exhibit B CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 10,2007 6.1 SSC has no comments related to the application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 On February 5, 2004, the Ada County Highway District commissioners approved the Vallin Courts Subdivision (MMP03-042). The same conditions and restrictions apply to this application. 7.2 The Applicant will be required to pay all applicable platting and review fees prior to final approval. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 8.1 Applicant shall apply for a land use change application prior to final platting. 8.2 AIl laterals and waste ways must be protected. 8.3 The District's Creason Lateral courses along the south boundary of this proposed project. This easement must be protected and any encroachment without a signed License Agreement and approved plan, before any construction is started, is unacceptable. 8.4 AIl municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. 8.5 The Developer must comply with Idaho Code 31-3805. 8.6 NMID recommends that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approvals from appropriate entities are submitted, we can approve the proposal for central sewage and central water. 9.2 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. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B CITY OF MERIDIAN PLANNING DEP ARTMENT STAFF REPORT FOR THE HEARING DATE OF JULY 20, 2006 C. 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 Council fmds that the proposed application is compatible with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Utilities were installed to the subj ect properties at the time of development of the Vallin Courts Subdivision. Therefore, the Council finds that public services are readily 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; All utilities are currently available to the subject property. Because any additional services will be installed by the developer at their own cost, if needed, the 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 and the Commission recommend Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health or safety issues associated with the development of this subdivision. ACHD considers road safety issues in their analysis. Staff and the Commission recommend City 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 and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss, or damage of any natural, scenic, or historic feature(s) of major importance. Staff and the Commission recommend the Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission are unaware. Exhibit C