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HomeMy WebLinkAboutHarks Canyon Creek AZ AZ 05-056 MERIDIAN PLANNING & ZONING MEETING APPLICANT JBS Enterprises, LLC January 5, 2006 ITEM NO. 9 REQUEST Continued Public Hearing from December 1, 2005 - Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision - 1845 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: See Previous Item Packet / Minutes CITY PLANNING DIRECTOR: See attached Staff Comments CITY ATTORNEY CITY BUILDING DEPT: CITY WATER DEPT: "'\ ~ ~~ C' \Y .~ »0.: ~ ~ 4:~ CITY POLICE DEPT: CITY FIRE DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No Comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTH ER: Contacted. \I'.I^ A- )IJrA.ßh Emailed~ 0 ~' Date: (-if 1JL¡ Staff Initials: Phone: ) Lf /)-t¡q L/ te Moterlols presented ot public meetings sholl become property of the City of Merldlon. CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 STAFF REPORT P & Z Commission Hearing Date: December 1, 2005 Continued to January 5,2006 Planning & Zoning Commission Joe Guenther, Associate City Planner Harks Canyon Creek Subdivision '~ ~'r~~' \~ ctre;;d/;~~'; ';. \. 1;.1,\"1(' I' . If ~ /' . I .'- .",'... "~::'\'~!_H.."/...,..!,~".~_:-!..~,.~I":"~- .... '",' , TO FROM: SUBJECT AZ-05-056 Annexation of 10.15 acres from RUT to 4.07 acres C-C (Community Business) and 6.08 acres TN-R (Traditional Neighborhood Residential) PP~05-058 Preliminary Plat for 29 Single-family residential lots 7 commercial lots and 8 other lots CUP~05-05l Conditional Use Permit for a mixed use development within 300' of a residence 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting annexation and zoning of 10.15 acres ofland that is currently zoned RUT in Ada County. The applicant is seeking a C-C zone (Community Business District) for 6.08 acres of the site and a TN-R (Traditional Neighborhood- Residential) for 4.07 acres of the site. The applicant has submitted a preliminary plat for the subject property requesting 29 single-family residential lots, 7 commercial lots and 8 common/other lots for the 9.47 acres plat. The applicant has also submitted a conditional use permit for a mixed use development within 300' 2. SUMMARY RECOMMENDATION Staff is recommending approval of the subject annexation and zoning (AZ-05-056), preliminary plat (PP-05-058), and conditional use permit (CUP-05- 051) for the reasons listed herein. The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review. These applications were continued from the December 1, 2005 Planning and Zoning Commission hearings. Below, staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Conditional Use applications. Staff is recommendinl! approval of the proposed Harks Canvon Creek Subdivision with the conditions listed in Exhibit B of the Staff Report. 3. PROPOSED MOTION (to be considered after the public hearing) Recommend Approval (All applications) I move to recommend approval to the City Council of File Numbers AZ-05-056/PP-05-058/CUP~05-05l as presented in staff report for the hearing date of January 5, 2006 and the preliminary plat dated October, 2005 with the following modifications to the conditions of approval: (add any proposed modifications) Recommend Denial (All applications) I move to recommend denial to the City Council of File Numbers AZ-05~056/PP-05-058/CUP-05-05l as presented at the hearing of January 5, 2006 for the following reasons: (you should state specific reasons for denial of the annexation and/or preliminary plat. They should address how the applicant might re-do the application to gain your recommendation for approval.) Continue (All applications) REeEIVED DEC 3 n 2006 c;lTY OF MERIDtAN ] CITY CLERK OFFICE Harks Canyon Creek Subdivision AZ-05-054/PP-O5-058/CUP-O5-051 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 I move to continue the public hearing for items number AZ-OS-056/PP-05-058/CUP-05-05l to (date certain). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: South of Franklin Road, and West of Linder Road - Approximately 10.3 acres of an irregular shape in the NW ~ of the NE ~ 3Nl W S14 b. Owner Franklin Centre, LLC 1767 W. Franklin Road Meridian, Idaho 83642 c. Applicant: Jane Suggs JBS Enterprises, LLC 200 Louisa Street Boise, Idaho 83712 d. Representative: Jane Suggs, JBS Enterprises, LLC e. Present Zoning: COUNTY-RUT f. Present Comprehensive Plan Designation: Mixed Use Regional, Multi-Use Pathway, 2002 Comprehensive Future Land Use Map g. Description of Applicant's Request: 1. Date of preliminary plat (attached as Exhibit AI): 2. Date oflandscape plan (attached as Exhibit A2): October, 2005 October 31,2005 h. Applicant's Statement/Justification: The proposed mixed use proj ect complies with the City's designation of Mixed Use Regional where the C~C district allows for smaller commercial operations which will be paired with the TNR district which allows for residential densities up to 8 dwellings per acre. We believe the use of the project will provide a development which will complement the surrounding land uses and will include many amenable features such as detached sidewalks, extensive open space, future multi-use pathway, a pond, and use the integrated home office designs ofthe TNR district. 5. PROCESS FACTS a. The subject application will in fact constitute an annexation and/or rezone as determined by City Ordinance. By reason ofthe provisions ofthe Meridian City Code Title 11 Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will in fact constitute a preliminary plat as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter S and Chapter 6, a public hearing is required before the City Council on this matter. c. Newspaper notifications published on: November 14th 2005 and November 28th 2005 d. Radius notices mailed to properties within 300 feet on: November 4th 200S e. Applicant posted notice on site by: November 22nd, 200S 6. LAND USE a. Existing Land Use(s): Agricultural Harks Canyon Creek Subdivision AZ-05-054/PP -05 -05 8/CUP -05-051 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 b. Description of Character of Surrounding Area: c. Adjacent Land Use and Zoning 1. North: Caffarelli Subdivision I-L, Franklin Road 2. East: Harks Comer C-C, Linder Road Agricul turallU rbanizing 3. South: 4. West: Whitestone Estates, R-4, Ten Mile Creek Agricultural Ada County RUT and Rl d. History of Previous Actions: N/A e. Existing Constraints and Opportunities 1. Public Works Location of sewer: this property. Location of water: Extension of main located in the southwestern comer of Extension of mains in Franklin Road Issues or concerns: The sewer flows to the Whitestone lift station. The applicant shall be responsible for any upgrades that may be required. 2. Vegetation: AgriculturallIrrigated 3. Flood plain: Ten Mile Creek - Mainly contained within the banks 4. Canals/Ditches Irrigation: Ten Mile Creek 5. Hazards: Floodplain 6. Proposed Zoning: 7. Size of Property: 10.15 acres 8. Description of Use: Common TN-R and C-C Residential, 29 Single Family detached, 7 Commercial, and 7 f. Subdivision Plat Information 1. Residential Lots: 29 2. Non-residential Lots: 3. Total Building Lots: 7 36 4. Common Lots: 5 5. Other Lots: 3 6. Total Lots: 43 7. Open Lots: Lot 21 Block 3 is the main pond/common lot. Lots 9, 12 Block 2 and Lots 10, 14 Block 3 are internal common lots within the residential component 8. Gross Density: 9.84 units per acre shown (2.94 acres by 29 SF) - (Build out for TN-R as presented in conceptual plan shows 79 units on 6.08 acres for 13.0 du/a) g. Landscaping 1. Width of street buffer(s): 25 feet required for Franklin Road (25 feet shown) 2. Width ofbuffer(s) between land uses: 25 feet commercial to residential (15 feet Harks Canyon Creek Subdivision AZ.O5-054/PP-O5-058/CUP-O5-051 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1I5/2006 shown to the residence west of the site) (5 feet proposed C-C to TN-R) 3. Percentage of site as open space (PP application): .44 acres or 4.3% open space (future lot 19 Block 3 not included and parkway calculations not included) 4. Other landscaping standards: Retain existing healthy vegetation; rehabilitate the natural vegetation/habitat cover along the Ten Mile Creek to Park Department and NMID standards; possible cooperation with the Parks Department for development of a multiuse pathway across to Whitestone Estates Subdivision h. Amenities The applicant is proposing amenities in open space and pond with Gazebo, parkway streets. i. Proposed and Required Residential Standards C-C (Standards) Front Interior side Street landscape buffers Local Arterial Landscape Buffer to residential uses Maximum building height TN-R (Standards) Setbacks (measured from back of sidewalk) Minimum front setback Alley accessed properties Minimum front setback Street accessed properties Minimum rear setback Alley accessed properties without parking pad Alley accessed properties with parking pad Street accessed properties Minimum side setback Property lines adjoining unattached walls Property lines adjoining attached walls Minimum side street setback Alley Local Street Collector Harks Canyon Creek Subdivision AZ-O5-054/PP-O5-058/CUP-O5-051 Proposed Required 0 0 0 0 10 10 25 25 5/15 25 50 50 Proposed Drafted 10 10 20 to garage 20 10 to living area 10 5 5 N/A 20 12 12 4 4 0 0 5 5 10 10 N/A 20 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 Street Landscape Buffer Local Street 8 -parkway with Class II trees or tree wells w/8' sidewalk 8 Arterial 25 25 Maximum building height 40 40 J. Proposed and Required Non-Residential Commercial lots shall conform to the use requirements of the C-C district and shall receive a certificate of zoning compliance for all uses, See exhibit B. Non-residential lots in TN~R district are to be used for amenities and open space only. k. Off-Street Parking (Multi-Units): 1. Parking spaces required: 2. Parking spaces proposed: on street parking stalls are provided. 3. Compact spaces proposed: 0 4. Off-site parking proposed: No 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): 2 for each unit, (29) TNR attached units; 58 stalls req. 29 minimum covered stalls are shown as conceptual, 24 Direct lot access to Franklin Road is to be prohibited. Access to future development is as proposed with pubic stub streets at multiple locations to the east. Potential commercial cross access through the C-C district lies both east and west at the shown parking lots. An additional stub street to the east at "public road No 2" will not be required. The applicant has agreed to make all changes as required by the attached ACHD staff report. The Meridian Police and Fire Departments have submitted requirements which exceed the standards as recommended by the UDC PIG Committee for the TN-R district. The Planning Department is recommending approval of the minimum standards as set forth by ordinance in the TN-R District. For a detailed report on the public streets and access points to public streets, please the attached staff report from the Ada County Highway District (Exhibit C). 7. AGENCY COMMENTS MEETING On November 10th 2005 staff held an agency comments meeting, all agencies attending provided comments as attached in Exhibit B. Staff has included all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated 'Mixed Use Regional' on the Meridian Comprehensive Plan Future Land Use Map and the applicant has generally drawn the annexation requests for the TN-R and C-C district to meet the goals ofthe Mixed Use Regional District. In Chapter VII ofthe Comprehensive Plan, this designation is defined in part as an area that is situated in highly visible or transitioning parts ofthe City where innovative and flexible design opportunities are encouraged. The MU-R has no upper limit on the square footage of non-residential uses and is intended to allow a broad range of uses. The proposed density (9-13 d.u.lacre) is within minimum Harks Canyon Creek Subdivision AZ-O5-054/PP-O5-058/CUP-O5-051 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 target density of 8 to 15 d.u./acre for Traditional Residential Neighborhoods within a mixed use development, staff finds that the proposal conforms to this stated purpose and intent. Higher density subdivisions north and west of Linder Road have provided smaller lots in the "High and Medium Density Residential" areas which have been at or above eight dwelling units to the acre. Other subdivisions south and east ofthe site along Linder Road and Franklin Road have been closer to the 3 to 5 d.u./acre with zoning designations ofR-8 or primarily R-4. Similar projects to the Traditional Neighborhood concept Franklin and Ten Mile Roads vicinity have Commercial designations (Neighborhood Commercial, Community Business, and Limited Office) llilder the Meridian City Code where a mixed commercial/residential product was not available under the Meridian City Code, but is being applied through the TN-R District. The properties east ofthe site at Harks Comer are also zoned C-C where the restaurantlbar uses share the existing water feature amenity on the site. Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staff analysis is in italics below policy): . Require that development projects have planned for the provision of all public servIces (Chapter VII, Goal III, Objective A, Action 1) When the City established its Area of City Impact, it planned to provide City services to the subject properties. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed the lands will be serviced by the Meridian Police Department (MPD). The northern roadway adjacent to the subject lands is 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 and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. . . . . . Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility Billing Services, and Sanitary Services Company. . "Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal IV, Objective D, Action item 2) In accordance with this Goal and Action Item, the applicants design only allows collector (commercial/local street) road access to Franklin Road. These collector roads are designed with landscape lots and oriented as to only allow vehicular traffic flow to the public road Harks Canyon Creek Subdivision AZ-O5-054/PP-O5-058/CUP-O5-051 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 system. No lots within Harks Canyon Creek Subdivision are provided lot access to a collector or arterial street. . Chapter VII, Goal I, Objective B: Plan for a variety of commercial and retail opportunities within the Impact Area. Sta,fffinds that the site is designatedfor MU-R on the Comprehensive Plan Future Land Use Map. Although a wide range of commercial uses has not been planned for this property, the identity of MU-R in the area of the Ten Mile Interchange would tend to become more commercial as the area transitions to the future interchange. The project integrates a residential/Community Business component into the design and stafffinds the TNRproducts provide an appropriate transitional use to the more intense commercial uses along Franklin Road. More intense commerciallhigh density developments are anticipatedfor the Ten Mile Interchange and the TN-R complements existing uses in Harks Corner and buffers the Community Business aspects closer to Franklin Roadfrom the residential uses south of the site. Therefore Harks Canyon Creek Subdivision meets the general policies for the mixed use regional comprehensive designation. Chapter VII, Goal I, Obj ective B, Action 5: Locate new Community Business areas on arterials or collectors near residential areas in such a way as to complement with adjoining residential areas. . . Franklin Road is classified as arterial roadway. The applicant is proposing access from the adjoining areas from micro paths, sidewalks and shared (cross access) streets which will provide future connection to residential/commercial areas east, west and south of the site along Franklin Road and across the Ten Mile Creek. Staff'believes that the Traditional Neighborhood areas proposed compliment the existing and planned residential areas in the vicinity. Chapter VII, Goal IV, Objective D: Encourage appropriate land uses along transportation corridors. Staff believes that the proposed land uses are appropriate along the adjoining transportation corridors (Franklin Road and Linder Road). . "Require appropriate landscape and buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4) As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to construct a 25-100t wide landscape buffer with a perimeter fence and dense vegetation along Franklin Road. The applicant is also proposing to construct a 15-foot wide landscape buffer along the western boundary where there is an existing single family residence. Staff is supportive of these widths, as long as the entire buffer lies outside the ultimate right-of-way. See Site Specific Condition in the Preliminary Plat section below in Exhibit C. . "Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach" from the National Center for Bicycling and walking in all land use decisions." (Chapter VI, Goal II, Objective A, #3) 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. The additional rights of way for Franklin Road will be large enough to accommodate future pedestrian walkways and possible bicycle lane as well as interconnection of sidewalks along arterial roads. The urban design of the TN-R district includes larger open spaces integrated Harks Canyon Creek Subdivision AZ-O5-054/PP-O5-058/CUP-O5-051 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 115/2006 into the ¡ront yards of all blocks in this district. These larger open spaces will all include pedestrian traffic routes connected to the arterial roadways. The applicant has indicated that a bridge will be provided for access to the south through Whitestone Estates where the future Ten Mile Creek Multi-use Pathway will be located. The applicant shall bond for the multiuse pathway and bridge with this development to ensure compliance with the future pathway system. . Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) The properties adjacent to the subject site are designatedfor a wide variety of uses. North of the site is planned for Industrial uses, east and south of the site are existing commercial/residential developments not expected to change, and west and south of the site are continuations of the mixed use regional uses on the Comprehensive Plan Future Land Use Map. The project provides a transition from the intense commercial and industrial uses along Franklin into a mix of residential densities from the C-C District to the TN-R District. . 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 (Chapter VII, Goal IV, Objective C, Action 10) The subject property is designated Medium Density Residential on the Meridian Future Land Use Map which identifies this area as an appropriate area for residential development. This proposal meets the Comprehensive Plan definition of medium density, with a gross density of 9 to 13 dwelling units per acre. Staff has reviewed Harks Canyon Creek Subdivision under the Traditional Neighborhood Residential designation which supports residential densities from 8 to 15 dwelling units to the acre (PIG Group recommendations). Staff anticipates the housing types for Harks Canyon Creek Subdivision to be very diverse due to the lot sizes, attachments and varying integrated designs. These projects as a neighborhood meet the variety needed to be offered within residential designations. The project also concentrates the higher density housing within the TNR district and transitions to a larger open space area as the subdivision flows south and into the R-4(medium density) designation. . "On-street bikeways should be incorporated on all future Collector streets." (Chapter VI, Figure VI-5) Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway on all collector roads and arterials. The proposal will provide a local road connection from the site to Franklin Road which will provide interconnection to future collector streets. Interconnectivity between subdivisions will also provide for a multiuse pathway connection through Subdivision for pathway access to the Ten Mile Creek pathway systems. The subject property lies within the immediate vicinity for a park/pathway connection in the area north of 1-84 and Linder Road and future connection all the way to 1-84 along the Ten Mile Creek. Currently no pathway exists in the near vicinity. No bike lane is proposed for Franklin Road. See ACHD report. . The following standard applies for all Mixed-Use Regional developments proposed within 300-feet of an existing residence or school require a conditional use permit. (Chapter VII, Pgs 97-98) Harks Canyon Creek Subdivision AZ-O5-054/PP-O5-058/CUP-O5-051 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 115/2006 The applicant has submitted a Conditional Use Permit CUP-05-05] to comply with this section. The applicant's conceptual plan provides for an additional fifty units shown as condominiums as well as future open space and a pathway connection along the Ten Mile Creek. Staff supports the conceptual site plan dated July ]9, 2005 as submitted but will require assurances that thefuture amenities will be provided in a timely manner as to be able to be used by future residences contained within the associated plat. Staff finds that the proposed zoning and subsequent uses (Communitv Business / single-fàmilv homes) will be generallv harmonious with and in accordance with the Comprehensive Plan. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: ll-2D-2 (TNR) lists Single Family Residential (attached and detached) as permitted uses in the TNR and C-C zoning districts. Furthermore, limited office/commercial uses are allowed in the TNR district, also listed in UDC ll-2D-2. ll-2B.2 (C-C) lists many limited commercial uses as permitted as well as many more intense uses as conditional in the Community Business district. b. Purpose Statement of Zone: COMMUNITY BUSINESS DISTRICT (C-C) the purpose of the commercial districts is to provide for retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and the mix of allowed commercial uses, and the location of the district in proximity to the streets and highways: Community Business Districts offer allowed uses of Larger scale and broader mix of retail, office, and service uses with access to arterials or nonresidential collector streets. TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT (TN-R): The purpose of the TN-R District is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multifamily. A TN-R District includes open spaces and promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The maximum density ofthe TN-R District is fifteen (15) units per acre. The minimum density is six (6) units per acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R District should be generally located: adjacent to a TN-C District, along a transit corridor, or within a mixed use neighborhood. For the purposes of this Title, the term residential district shall also include the Traditional Neighborhood Residential District. c. Traditional Neighborhood standards: UDC 11.2D-6 - The standards of the Traditional Neighborhood District are to be negotiated by the Planning Commission and the City Council. The following is a draft of standards developed by the 2005 Process Improvement Group (PIG) group. Options for Street Sections in the TN~R District: The width ofthe allowed street section shall be determined by how the properties are accessed and whether or not a parking pad is provided that has minimum dimensions of twenty feet (20') by twenty feet (20') as measured from the paved surface of the alley or street to the face ofthe garage door. 1. For alley accessed properties that provide a parking pad, the following shall apply: a. The parking pad must meet the dimensional standards noted above. Harks Canyon Creek Subdivision AZ-O5-054/PP.O5-058/CUP-O5-051 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 b. All alleys shall have a twenty-foot (20') right-of-way with a minimum of sixteen feet (16') of paving. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back~of-curb to back-of-curb) with parking on both sides. 2. For alley accessed properties that do not provide a parking pad, the following shall apply: a. All alleys shall have a twenty-foot (20') right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured from back- of-curb to back-of-curb) with parking on both sides. The requirement for off-street parking as set forth in Section ll-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back- of-curb to back-of-curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11-3C~6 is waived for alley accessed properties in such circumstances. 3. For street accessed properties, the following shall apply: a. Although street accessed properties are allowed in this district, it is anticipated that only properties on the perimeter of a TN-R development would be street accessed. The applicant shall demonstrate that the design meets the purpose statement of the TN-R district. b. All street accessed properties must provide a parking pad as detailed above. c. The applicant shall be allowed to have a reduced street section of twenty-nine feet (29') (measured from back~of-curb to back-of-curb) with parking on only one or on both sides. 4. Block lengths shall meet the standards as set forth in Section ll-6C~3F2. Although block lengths are allowed to exceed five hundred feet (500') when a pedestrian pathway is used to break up the block, it is anticipated that most blocks will not exceed the five hundred-foot (500') requirement. The applicant shall demonstrate that the design meets the purpose statement ofthe TN-R district. In addition to the standards as set forth in Section 11-3A- 7, the following restrictions shall apply to fencing within the TN-R district: 1. Front yard. Fences shall be wrought iron or similar of similar quality and appearance and shall be no greater than three feet (3') in height. 2. Side yard. a. Side yard fences that follow the side yard property line shall only be allowed where the side setback is five feet (5') or greater. The portion of a side yard fences that extend from the building to the side yard property line shall be setback two feet (2') behind the enclosed portion of the front of the building. b. Side yard fences that extend from one building to an adjoining building are allowed where the adjoining houses have use easements on the side yard area. Such fences shall be setback two feet (2') behind the enclosed portion of the front of the building adjoining the fence. 3. Rear yard of alley accessed properties. Fences shall be setback a minimum of seven feet (7') from the alley (measured from back of paved surface of the alley). 4. The maximum fence height shall not exceed six feet (6'), subject to the provisions set forth in Sections 2 and 3 below. Harks Canyon Creek Subdivision AZ-O5-054IPP~O5-058/CUP-O5-051 PAGE 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 5. On comer properties, the maximum fence height in the required street side yard shall be six feet (6') above the grade (as measured at the property line), and the minimum setback shall be ten feet (10') from the street side property line. See Figure 11- 3A~3. 6. Where the rear yard of one property adjoins the front yard of another property, the fence along the rear and side yards where they adjoin the adjacent front yard shall be flush or angled at forty-five (45) degrees to provide continuity with the adjoining fence and property line. See Figure ll-3A- 3. 7. Additional height shall be allowed for arbors, arches and/or other architectural appurtenances extending over gates and/or other entryways Such appurtenances shall not exceed five feet (5') in width and/or eight feet (8') in height. 8. Additional height shall be allowed for gate posts. Such gateposts shall not eight feet (8') in height. Lighting. In addition to the standards as set forth in Section 11- 3A-l1, the following standards shall apply within the TN-R district All dwelling units shall have a minimum of two (2) lights at the front of the unit. All dwelling units on alley accessed properties shall have a minimum of two (2) lights along the alley. All lighting required in this section shall be on a photocell that activates the lighting at dusk and turns it off at dawn. 10. ANALYSIS lOa. Analysis of Facts Leading to Staff Recommendation 1. ANNEXATION & ZONING 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 location for the proposed Single Family Residential products. Please see Exhibit D for detailed analysis of facts and findings. 1.1 The annexation legal description submitted with the application (stamped on October 13, 2005 by Todd R. Waite, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. 1.2 Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. 1.3 That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5~7-5l7, when services are available from the City of Meridian. Wells may be used for non~domestic purposes such as landscape irrigation. 1.4 That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. Harks Canyon Creek Subdivision AZ-O5-054/PP-O5-058/CUP-O5-051 PAGE II CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 1.5 UDC ll-5B-3D2 provides the P&Z Commission and City Council the authority to require a property owner to enter into a Development Agreement with the City of Meridian that may require some written commitment for all future uses. Due to the mixed use nature of the commercial/office/residential uses. the size and scope of the project. the undetermined location of amenities. pathway location. undeveloped areas of Lot 19 Block 3. and the variable standards of the TN-R district as deEmed by the Meridian Citv Unitìed Development Code. staff believes that a Development A2:feement is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan desÜmation and does not negatively impact nearby properties. If the Commission or Council feels additional development agreement requirements are necessary, staff recommends a clear outline ofthe commitments of the developer being required. A Development Agreement (DA) will be required as part of an annexation ofthis property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) (at the time of annexation ordinance adoption), and the developer. The applicant shall contact the City Attorney. Bill Nary. at 888A433 within 18 months of Council approval to initiate this process. The DA shall incorporate the following: . That the applicant will be responsible for all costs associated with the sewer and water service extension. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5.7-517, when services are available from the City of Meridian. Wells may be used for non- domestic purposes such as landscape irrigation. . That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of development. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. . The applicant shall provide a surety agreement for of the construction of the multi-use pathway and bridge in accordance to UDC 11.5C unless a development application has been submitted for Lot 19 Block 3 prior to the issuance of the first certificate of occupancy in Harks Canyon Creek Subdivision. . The applicant shall coordinate with the Meridian Parks Department and Nampa Meridian Irrigation District to define the location of the multiuse pathway, bridge maintenance, and landscaping along the Ten Mile Creek. . The applicant shall maintain Lot 19 Block 3 in a state free of accumulation of junk, noxious weeds, and shall fence the perimeter of Lot 5 Block 3 to limit public access to the waterway. 2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 2.1 Public Streets and Access: Connectivitv (future developments): Local stub streets for future development west of the site shall connect from "Public Street #2" west of the site at the location shown. Harks Canyon Creek Subdivision AZ-O5-054/PP-O5-058/CUP-O5-05 ] PAGE 12 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 Cross access shall be provided to the property west of the site adjacent to Lot 1 Block 1 from the parking lot as shown. Cross access shall be provided to the property east of the site adjacent to Lots 22 and 23 Block 3 from the parking lot as shown to connect with the existing Harks Comer Development. An additional public or private street to the south shall be provided in the general location of Lot 5 Block 3. The public or private street shall be for addressing and unobstructed access to future development in Lot 19 Block 3. See Exhibit B below. No direct access will be allowed to Franklin Road. 2.2. Landscaping: Staff is generally supportive of the landscaping design with the following considerations: The 25 feet of right-of-way landscaping on Franklin Road shall be maintained by the Business Owners Association. The landscape buffers along these arterials shall be designed in accordance to UDC ll-3B-7. The landscape buffer shall be measured from the back of sidewalk if attached sidewalks are used. The landscaping along Franklin Road shall be installed prior to final plat signature. The landscaping along Franklin Road shall be contained in a separate lot or on a permanent easement which will be maintained by the business owners association. Common Lot 22 Block 3 shall be maintained by the business owners association and not by the home owners association. All parkway trees shall be Class II trees. All parking lots adjacent to the TN~R district shall provide a minimum of one tree at the end of each parking aisle; the parking lot landscaping shall comply with the design standards as listed in UDC 11-3B-8. The applicant is not showing the required 25' landscape buffer between uses in this location. The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC 11-3B. See Exhibit B. A written certificate of completion shall be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan and submitted prior to City Council signature of the Final Plat. All standards of installation shall apply as listed in UDC 11-3B-14. 2.3 Tree MitÎlzation: 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 are removed. The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Parks Department. Harks Canyon Creek Subdivision AZ-OS-OS4/PP -05-05 8/CUP-OS-OSI PAGE 13 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 2.4. Ditches, Laterals. and Canals: All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled. Nampa Meridian Irrigation District has adjacent laterals on this site but has not commented on the proposal. Staff has applied the standard NMID conditions to this site. 2.5 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. 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 to all landscape areas per the approved specifications and in accordance with UDC ll-3B-6. See Site Exhibit B below. 2.6. Fencing: The applicant is not showing fencing on the submitted amenity and landscape plan. A detailed fencing plan shall be submitted upon application of the final plat or prior to City Council if required. 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 fences should taper down to 3 feet maximum within 20 feet of all right-of~way. All fencing should be installed in accordance with City Code in effect at the time the permit is issued. The landscape architect shall draft the landscape plans to meet the standards ofUDC 11-3B. See Exhibit B, Condition 1.5 The Meridian Police and Fire Departments have indicated that fencing shall have gates and there shall be no side yard fencing, the fencing requirements shall comply with the standards of UDC ll-3B. Perimeter fencing shall be designed according to UDC 11.3B and maintained by the adjacent (homelbusiness) owners association. Temporary fencing shall be provided along Lot 5 Block 3 until a development application for Lot 19 Block 3 is approved. All fencing along the Ten Mile Creek shall be installed with non-combustible materials. 2.7 Unimproved Right-of-Way: Meridian City Code requires a lO-foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of~way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and Franklin road widening is in the ACHD Five Year Work Program and is scheduled for widening in 2010. The remainder of the unimproved right-of-way should be landscaped with lawn or other vegetative groundcover. Franklin Road abutting this site appears to meet the warrants for the lO-foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a 10-foot wide gravel shoulder on Franklin Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover. 2.8 Multi-Use Pathway: The applicant is not showing but will be required to install a multiuse pathway in accordance to the Comprehensive Plan and installed according to UDC ll-3A.8 along the Ten Mile Creek in a location to be agreed upon with the Parks Director and Nampa Meridian Irrigation District. Currently, NMID owns the property upon which the applicant is proposing to install the pathway. All NMID standard Harks Canyon Creek Subdivision AZ-O5-054/PP-OS-OS8/CUP-OS-OS1 PAGE 14 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 conditions shall be applied to this site and all pedestrian access easements shall be enacted. Staff has required the applicant to bond for improvements to the multi-use pathway with this application. The pathway connection is listed as an amenity to the residents of the site and will be essential for pedestrian connection from the school site, Whitestone Estates, and Mallard Landing Subdivisions south of the Ten Mile Creek. Therefore, the pathway shall be a priority to be completed as soon as practical with the future development of Lot 19 Block 3. 2.9 Private Streets: The applicant is proposing to use Lot 5 Block 3 to provide future access to Lot 19 Block 3. Staff will require at a minimum the North/South legs of Lot 5 Block 3 to be a private street (if not public) to provide addressing and maintained connections to the future residential area south of Lot 5 Block 3. The applicant has not submitted a Private Street application as required by UDC ll-3F-3. The private street standards are listed in UDC 11-3F. The applicant shall design and construct the private streets in compliance with the standards listed for Private Streets in UDC ll-3F Private Streets and UDC ll-2D Traditional Neighborhood Residential. See Exhibit B Condition 1.11 The Meridian Fire and Police Departments are requesting a minimum of 24' paved sections for alleys which shall not apply to the TN-R districts as this would exceed the standards set forth by ACHD and the Process Improvement Group for the TN-R district. 2.l0Common/Ooen Space: The applicant has a qualified application meeting the requirements of UDC 11-3G. The proposal is showing 4.3% of qualified open space which does not meet the requirements of a minimum of 5% open space. The applicant has provided landscaped Parkways in compliance with UDC ll-3G-5 but these calculations have not been provided by the applicant and not added to the overall required open space. Staff is confident that the minimum of 5% has been provided with the presented design but with the off site improvements and parkway streets 2.1 1 Amenities: The applicant is required to provide one amenity per 20 acres. The applicant is showing qualified site amenities as follows: ll-3G-3C-l - Quality of life amenities - Picnic area/Gazebo in Lot 22 Block 3 ll-3G-3C-2 - Recreation amenities - None shown at this time, however the applicant is proposing to tie the landscaping and pathway improvements to the Ten Mile Creek pathway system to this development. 11-3G-3C-3 - Bicycle circulation amenities - Several blocks are connected with an internal 5' pathway which will be required to connect to the required Multi-use Pathway along the Ten Mile Creek. Amenities are generally located centrally and in common lots. These common lots shall be maintained by the Harks Canyon Creek (Home or Business) Owners Association. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. 2.l2Traditional Nei!!hborhood Residential: The standards as defined in the TNR district UDC ll-2D-6 are currently defined as "determined by Council upon annexation and/or rezone". The standards listed under section 8 of the Harks Canyon Creek Staff report dated January 5, 2006 have been drafted by a working group specifically for TN-R projects to be used as a guideline. The applicant has designed the project in accordance Harks Canyon Creek Subdivision AZ-OS-OS4/PP -OS-OS8/CUP-OS-OSI PAGElS CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF 1/5/2006 to these standards and shall comply with the street sections, dimensional standards, lighting and fencing requirements as contained in this report. 2.13Street Sections: Conditions 3.23 and 3.09 of Exhibit B from the Meridian Fire Department Conditions of Approval will not apply to the street sections within the TN-R District. These standards exceed the street sections proposed by the UDC process improvement group. ACHD has reviewed the street sections and if the applicant complies with all ACHD conditions of approval then the street sections will meet all standards as set forth by policy. lOb. Staff Recommendation: Staff recommends approval of AZ-05-056/PP-05-058/CUP-05- 051 for Harks Canyon Creek Subdivision as presented in the staff report dated January 6, 2006 based on the Findings of Fact as listed in Exhibit D and subject to the conditions of approval as listed in Exhibit B as attached to this report. Staff has prepared findings consistent with this recommendation. 11. EXHIBITS A. Drawings 1. Preliminary Plat (dated: October 2005) 2. Landscape Plan (dated: October 14, 2005) 3. Conceptual Site Plan (dated: July 19, 2005) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Services 7. Ada County Highway District 8. Nampa Meridian Irrigation District C. Legal Description D. Required Findings from Zoning Ordinance Harks Canyon Creek Subdivision AZ-O5-054/PP-O5-058/CUP-O5-051 PAGE 16 A. Drawings 1. Preliminary Plat dated: October 2005 i 'pi! : " :! ; .' I, Harks Canyon Creek Subdivision Exhibit A Page I I ! 'll;:! I ! :-- !I .... it ,', : ~ L ,'¡-. ':' ;' :: 2. Landscape Plan (dated: October 14,2005) "",~ü,.-,..,,~ ---.J L- ~:- ::~:,::: ",'" ., '--'~ .'1 "~-""; "" ~ ~..:::::""'::::: ~ _0--- reo- . -.. ,." ,,' -- "" j L___,__-~ .... ,. g...---.---..,... """""""-"- , -.....~",.........,~--,,-.... , , .._'--_.~.~..... L . :".:::;0=::_, , ---...._~_. '------: ~ ~'":;:=.-.._,.. J,-,p""1""~""" ~ ~ '1 JIL II: aA F ! '-~J\.!'~~ / I I I I --.. -"'--'------';: ---......---.. , -'--.-., ~ ~"\L';~,,!~ -ft' -, ~' ,[', ~-".--'~\.,:~ j J"/ . " "----------'-- Í! ~ - ¡//( . ~ ,. -^~. - ~- ~:_J ~ 61 ,- .--r¡ ~ ~£ ~ 'D:C' ~ ~;:"-J~-~ :'~~~~-J ~ 1/1111 LJ,~,( '(: 1 1~,rIQ:1J1 rrlllli;; !/. ~/" i (:~llllllllIm¡Y('ì1III IJLtß~'I III(fi)llll/l/ri'#[/~ ;;,~/..r l f ~ ""' ,;:¡ .. Œ -., := ,.IG~ ~~ m (~..Jllr 11 ?~. ~ IL::'~:: ~ I!(. ~--!..." (Db. - -", ;l 1:11. ---rllll i7&~ J"t..d"'-- , ' ~-"-¡L 1 ~ ::.;~~- == ~-~ ~-'::-: - - - - - - - ~ ~,~ '( ~i51-"~- ~' _'I . "I " ~"~-,/ I-~ . ,.., -~ r'L:I- ...--J-'--, ) ~ ~_. ~/~)j~ < ì.J L ìl III 1J J ..... 0; (, , I III~I~I ,l =~=":':'::::;;;;':"'::"., 1 I I I I J 1 I "'--"""-""'"'" 11 ---- "-----'i ._-~_. I " ~ ':' ----' ". ---' ...---,' ----- ' ":',- ,--- -... - coo_.-- -.-................""..,.., """"""._"'-'~ e-.F':'::"'~""-'~-'~ ,^-:A - l~'1..: ,-,\- " " -. ': -.-..- ,-'~-" i I Harke Canyon Creek I Amenllv BOOJ..JIllIIsç'lR!l.PJAD . --- ."~:~!5êi¿;;;;:: ".. _I"", ",,- - r,_,..~.", ::.:~~.,...::-.. ,....~" ED -'-"~ .'" ..<> .", ,_._- -,"_..._~ ......-- ".. .""',, '" ., . "'..,'. .," ",' "". .., '.-~';:~:',;,~:~' , --"", ....-"". Harks Canyon Creek Subdivision Exhibit A Page 2 3. Conceptual Site Plan (dated: July 29,2005) ---- -? .~ . ~~"~c::-=-:-:::~,' L~ ,.,." . - -- -- - - .,. . ¡ \' A-'. CQNCfWAL..SlJ E.E'J../\ t; W .'.. "".u"."", , .." " " . Harks Canyon Creek Subdivision Exhibit A Page 3 1.7 1.8 1.9 B. Conditions of Approval 1. Planning Department SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT 1.1 The preliminary plat labeled as Preliminary Plat dated October 2005 prepared by Claiborne Waite Consulting, Inc. is approved, with the conditions listed herein. All comments/conditions of the accompanying Annexation/Zoning (AZ-05~056) and Conditional Use (CUP-05~05l) shall also be considered conditions of the Preliminary Plat (PP-05-058). 1.2 The applicant has proposed a 25-foot landscape buffer along Franklin Road. The Landscape buffer shall be designed and installed in accordance to UDC ll-3B-7 and certified as installed prior to final plat signature (UDC ll-3B-14B-3. The sidewalks within the buffer shall be placed as to line up with future buffers in neighboring developments. 1.3 The applicant shall comply with the requirements of no direct lot access for any lots adjacent to the arterial roads of Franklin Road as required by ACHD. A note shall be placed on the final plat restricting access to Franklin Road 1.4 The applicant shall provide cross access to all commercial lots within the subdivision and to the property west of the site adjacent to Lot 1 Block 1 and to the east from Lots 22 and 23 Block 3 as required by ACHD. 1.5 A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the changes required by this report. The submitted landscape plan prepared by Terry Hammons, A to Z Sprinkler and Landscaping., dated October 14, 2005 is not approved until re-submitted with changes outlined in this report and in compliance with UDC 11 ~3B. 1.6 The applicant shall revise the site plan to reflect the required buffers or submit a new landscape plan with an application for alternative compliance to the director. If the director fails to approve the request for alternative compliance the applicant shall provide the required landscape buffers as detailed in UDC ll-3B. Maintenance of all residential common areas shall be the responsibility of the Harks Canyon Creek Subdivision Homeowners' Association. (Lots 9 and 12 Block 2, Lots 10 and 14 Block 3) Maintenance of all other common areas shall be the responsibility of the Harks Canyon Creek Subdivision Business Owners Association. (all required street and use buffers, with Lot 22 Block 3) For alley accessed properties that do not provide a parking pad, the following shall apply: a. All alleys shall have a twenty-foot (20') right-of-way with a minimum of sixteen feet (16') of paving. b. The applicant shall provide a street section of thirty-three feet (33') (measured from back- of-curb to back-of-curb) with parking on both sides. The requirement for off-street parking as set forth in Section ll-3C-6 is waived for alley accessed properties in such circumstances. c. The applicant may request a street section of twenty-nine feet (29') (measured from back- of-curb to back-of-curb) with parking on one side where the street only provides residential access on one side of the street. For example, where one side of the street has homes on it and Exhibit B Page 1 1.13 1.14 1.15 1.16 1.17 the other side of the street is a dedicated open space lot. Such request shall be approved by Council with the preliminary plat. The requirement for off-street parking as set forth in Section 11- 3CN6 is waived for alley accessed properties in such circumstances. 1.10 All iITigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6, unless otherwise approved by the City and the Irrigation District(s). 1.11 If the southerly directed portions of Lot 5 Block 3 are not dedicated to the public, the applicant shall at a minimum submit a private street application to the Planning Director with the Final Plat application if the applicant chooses to provide private streets for future connection to the south along Lot 5 Block 3. 1.12 The applicant shall contact the Meridian Parks Director to define a location for the Multi-Use Pathway along the Ten Mile Creek as shown on the Meridian Comprehensive Plan. The applicant shall install a Multi-Use Pathway along the Ten Mile Creek or other location as agreed upon by the Meridian Parks Director construction shall be in accordance to the standards as listed in UDC ll-3A-8. The landscape architect shall certify that one tree per 8,000 square feet of lawn has been provided on the landscape plan. All road drainage shall be contained on site in the drainage swales/areas as depicted. The applicant shall comply with the dimensional standards, street sections, lighting, and fencing requirements as outlined in this staff report for the Traditional Neighborhood Residential District. There shall be no modifications to the dimensional standards of the C-C Medium Density Residential District or other operating standards as contained in the Meridian Unified Development Code. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.18 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.19 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 N 3AN 18 and shall be fully vegetated with grass and trees. Sand, gravel or other non~vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11 ~3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with ACHD, City of Meridian and all other regulatory requirements at the time of final construction. The applicant shall submit a detailed fencing plan with the final plat application for the subdivision. 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 fencing should be installed in accordance with City Code. Exhibit B Page 2 1.22 1.23 1.20 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. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC ll-3A-6, unless otherwise approved by Nampa Meridian Irrigation District. 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. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. 1.21 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC ll-6B. 2.1 2. Public Works Department 2,2 2.3 2.4 2.5 2.6 Sanitary sewer service to this development is to being proposed via extension of mains stubbed in the southwestern portion of this property. These mains flow to the Whitestone lift station. The applicant shall be responsible for any upgrades to the lift station that may be required to handle the extra influent. The applicant shall install mains to and through this development; 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. Water service to this site is being proposed via extension of mains in Franklin Road. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 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). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (supplied by Public Works), a legal description, which must include the area ofthe easement (marked EXHIBIT A) and an 8112" x 11" map with bearings and distances (marked EXHffiIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this docwnent. The applicant has indicated the pressure irrigation system in this proposed development is to be an extension of a private system in Harks Corner. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to [mal plat signature on the last phase of this project. Prior to signature on the plat by the City Engineer the applicant shall submit a signed agreement granting permission to use the existing private pressurized irrigation pwnp station. Exhibit B Page 3 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 The City of Meridian requires that pressurized irrigation systems be supplied by a yeaHound source of water (UDC ll-3B~6D). 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 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. All existing structures not meeting new setbacks shall be removed prior to signature on the final plat by the City Engineer. 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. Ifthe stub streets to the south are going to be private streets, then Public Works will review and inspect the storm drainage systems. The applicant will be responsible for all review and inspection fees associated with this. If this project is to contain private streets, the applicant shall address maintenance of the private streets prior to signature on final plat by the City Engineer. As each commercial lot develops they shall be required to retain storm runoff on site. A drainage plan designed by a State ofIdaho licensed architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 10-1-91) for all off~street parking areas. Storm water treatment and disposal shall be designed in accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water Best Management Practices for Idaho Cities and Counties and City of Meridian standards and policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has authority over the receiving stream provides written authorization prior to development plan approval. The applicant is responsible for filing all necessary applications with the Idaho Department of Water Resources regarding Shallow Injection Wells. Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 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. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. 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. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Anny Corps of Engineers. Developer shall coordinate mailbox locations with the Meridian Post Office. Exhibit B Page 4 2.21 2.22 2.23 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. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation ofthe crawl spaces of homes is at least I-foot above. One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3.1 3. Fire Department 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 One and two family dwellings will require a fire~f1ow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet apart. futemational Fire Code Appendix C. Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. Final Approval of the fire 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 spec. d. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant location. e. Fire Hydrants shall be placed on comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be place 18" above finish grade. h. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Entrance and internal roads shall have a turning radius of28' inside and 48' outside radius. All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide. For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane". 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. Building setbacks shall be per the futemational Building Code for one and two story construction. The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the face of curb dimension. The roadway shall be able to accommodate an imposed load of 75,000 GVW. Exhibit B Page 5 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 Commercial and office occupancies will require a fire-flow consistent with the International Fire Code to service the proposed project. Fire hydrants shall be placed per Appendix D. The proposed 29-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 87 residents at build out. All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. The 7 office/commercial lots lot will have an unknown transient population and will have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire Department has experienced 2612 responses in the year 2004. According to a report completed by Fire & Emergency Services Consulting Group our requests for service are projected to reach 2800 in the year 2005 and 3800 by the year 2010. The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. Maintain a separation of 5' from the building to the dumpster enclosure. Provide a Knox box entry system for the complex prior to occupancy Provide exterior egress lighting as required by the International Building & Fire Codes. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior ofthe facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). R-2 occupancies with 3 or more units shall be required to be fIfe sprinkled, unless specified by the UDC. Emergency response routes and fire lanes shall not be allowed to have speed bumps. Gates shall be provided on the front and rear of the property, if fenced. Side yard fences shall not be allowed in the C-C district. Alleys shall be at least 24-feet wide and there shall be no parking on alley streets. Exhibit B Page 6 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 for fencing on common lots. The applicant shall submit a revised landscape plan for the commercial areas, which uses walkways and landscaping to direct visitors to the main entrance and away from private areas. The proposed development and/or plat do not offer natural surveillance opportunities of the public areas. Prior to the Final Plat, the applicant shall meet with the Police Chief and/or Planning Staff to discuss features that increase visibility, including but not limited to: doors and windows that look out on the public areas, front porches, and adequate nighttime lighting. The site plan and/or landscaping plan shall be revised in accord with those discussions. The pedestrian access to the proposed clubhouse/community entrance is not well-defined. The applicant shall submit a revised landscape plan that uses walkway paving materials and landscaping to alert motorists to the pedestrian traffic. The loading areas shall be separated from all public parking areas. Please contact the Police Chief for detailed review of any development proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 5. Parks Department 5.1 Ordinance (UDC ll-3B~10) will be followed. 4.2 4.3 4.4 4.5 4.6 5.2 5.3 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC 11-3B-1O.5) will be followed. 6. Sanitary Service Company 6.1 Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and submit stamped (approved) plans with your certificate of zoning compliance application. 7. Ada County Highway District 5.4 7.1 Dedicate 45-feet of right-of-way at the east property line that tapers to 57-feet in the first 425-feet west of the east property line. From 425-feet west of the east property line to the west property line, the applicant should dedicate 57-feet of right-of-way from the centerline of Franklin Road. abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the fmal plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right~of.way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right-of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. AND Exhibit B Page 7 Provide the District with a road trust deposit in the amount of$13,280.00 for the construction ofa 7- foot wide attached concrete sidewalk. OR Dedicate 45-feet of right-of-way at the east property line that tapers to the west to 48-feet in the first 425-feet. From 425-feet west of the east property line to the west property line, the applicant should dedicate 48-feet of right-of-way from the centerline of Franklin Road abutting the parcel by means of a warranty deed. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of~way dedication after receipt of all requested material. The owner will be paid the fair market value of the right-of-way dedicated which is an addition to existing ACHD right~of-way if the owner submits a letter of application to the impact fee administrator prior to breaking ground, in accordance with the ACHD Ordinance in effect at that time (currently Ordinance #200), if funds are available. AND Construct a 5-foot detached concrete sidewalk within an easement to the District. Locate the sidewalk a minimum of 56-feet from the centerline of Franklin Road. 7.2 Construct Public Road #1 to intersect Franklin Road to directly align (centerline to centerline) with the driveway on the north side of Franklin Road. 7.3 Construct North Ward Place to intersect Franklin Road approximately 104-feet east of the west property line, as proposed. 7.4 Construct all of the internal roadways within the subdivision as 36-foot street sections with vertical curb, gutter and 5-foot attached (or 4-foot detached) concrete sidewalks within 50-feet of right-of- way. If the applicant is proposing to construct striped on-street parking on Public Road #2 construct bulb outs at the intersections that provide a minimum of 24-feet (measured back of curb to back of curb) at the throat of the intersection and construct the bulb outs to provide an inside radius of l8-feet (minimum). 7.5 Construct a stub street to the west property line approximately 255~feet south of the north property line to serve the 2.090-acre parcel and the 76.232-acre site to the west, as proposed. Install a sign at the terminus of the roadway stating, "this road will be extended in the future." 7.6 Construct a 28-foot wide driveway that intersects Public Road #1 on the west side of the roadway approximately l20-feet south of Franklin Road, as proposed. 7.7 Construct a 12 to 30~foot wide driveway that intersects Public Road #1 on the east side of the roadway approximately 75-feet south of Franklin Road. Ensure that a tangent length of 50-feet (minimum) is met on Public Road #1 before a driveway is constructed. 7.8 Construct a 28-foot wide driveway that intersects North Ward Avenue on the east side of the roadway approximately 104-feet south of Franklin Road, as proposed. 7.9 Construct a 28-foot wide driveway that intersects North Ward Avenue on the west side of the roadway approximately 98-feet south of Franklin Road, as proposed. Exhibit B Page 8 7.10 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.11 Construct a private road/service drive (or public road if the City of Meridian would like a public road) that intersects Public Road #2 at the eastern end of Public Road #2 and extends to the south to serve Lot 19. 7.12 Construct a 20-foot wide "service road" that extends from the west property line to Public Road #1. This service road will function as a private alley, as proposed. 7.13 Franklin Road is classified as a minor arterial. Other than the two public roadways that have specifically been approved with this application, direct lot access to Franklin Road is prohibited. A note stating the access restrictions will be required on the final plat. 7.14 Comply with all Standard Conditions of Approval. Standard Conditions of Approval 7.15 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.16 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.17 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.18 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.19 Comply with the District's Tree Planter Width mterim Policy. 7.20 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. 7.21 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. 7.22 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.23 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.24 Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District hnpact Fee Ordinance. Exhibit B Page 9 7.25 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-l585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.26 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.27 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 subject 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. Exhibit B Page 10 C. Legal Description ( 9 i bocrL.~~Qj t e",~ Qfl~~ t Î ngLlk ""9I""'N!>&<¡;""i':'~y""':' 120 North Curtis ROQd Boise, Id. B7O6 (2OIt) 37HSSs FaIr (208) 429-9862 Project No, 2246 October 13, 2005 FRANKLIN CENTRE, LLC HARKS CANYON CREEK SUBDIVISION CC REZONE BOUNDARY DESCRIPTION A PARCEL OF LAND IN nœ WEST 1/2 OF THE NORTHEAST 1/4 OF mE NORTHEAST 1/4 OF SECTION 14. T. 3 N., R. ] W,. B,M,. ADA COUNTY, IDAHO. AND BEfNO MORE PARTICULARLY DESCRIBED AS FOLWWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECnON 14. TIlENCE N 89°13'17"W AWNGnJENORlHBOUNDARYOF SAID SECTION 14 AND THE CENTERLINE OF FRANKUN ROAD FOR A DISTANCE OF 664.47 FEET TO THE EAST BOUNDARY OF THE WEST 1/2 OF THE NORTHEAST 114 OF THE NORTHEAST 1/4 OF SAID SECIlON 14, THE REAL POINT OF BEGINNING; 1HENCE CONTINUING N 89°]3'17" W ALONG SAID NORm BOUNDARY AND CENTERLINE FOR A DISTANCE OF 664.46 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF 1HE NORTHEAST 114 OF SAID SEcrlON 14; THENCE S 00°34 '18" W AWNG THE WEST BOUNDARY OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 14, FOR A DISTANCE OF ]93.00 FEET; "IHENCE S 89°13'17" E FORA DISTANCE OF 481.16 FEIIT; THENCE S 00°33'43" W FOR A DISTANCE OF 267,42 FEET; lHBNCE S 89<' 13' 17" E FOR A DJST ANCB OF 183.34 FEET TO THE EAST BOUNDARY OF THE WPST 1/2 OF THE NORlHEAST 1/4 OF 1HE NOR11ŒAST 1/4 OF SAID SECI1ON 14, ALSO BEING THE WEST BOUNDARY OF VAN HEES SUBDMSION; TIŒNCE N ()(f>33'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 460..42 FEET TO THE REAL POINT OF BHGINNING. CONTAINING 407 ACRES OF LAND. MORE OR LESS, PREPARED BV: 1'000 R WAITE P LS C:IJ>ro.jccta\V.nHccs (2246)\Dowmcnls\~ECCdoc. I . Exhibit C Page] .çJgjQorn ..~ waite çonsultingLlk. (.'ngi",.",rð <I ~,l,r', ',yer ".' 120 NoIth Curt& Rood BoIw. lei. 5706 (208) 37H555 Fax (208) 429-9862 P«!Ìoct No, 2246 Octobe.- 13, 2005 FRANKLIN CENTRE, LLC HARKS CANYON CREEK SUBDIVISION TN.R REZONE BOUNDARV DESCRIPTION A P ARCBL OF LAND IN 1HE WEST JI2 OF 11fE NORlHEAsr 1/4 OF THE NOR1HEAST 1/4 Of SECTION 14, T. 3 N., R. I W,. B,M., ADA COUNn, IDAHO, AND BEING MORE PARTICULARL V DESCRIBED AS FOLLOWS: COMMENCING AT TIlE NORlHEAST CORNER OF SAID SECTION 14, THENCE N 89"I3'17~ W ALONG THE NORlH BOUNDARY OF SAID SECTION 14 AND mE CENTERLINE OF FRANKLIN ROAD FOR A DISTANCE OF 1328.93 FEET TO THE WEST BOUNDARY OF 1HE NORTIfEAST 1/4 OF 1HE NORlHEAST 1/4 OF SAID SEmON /4; THENCE S 00°34' /8" W ALONG SAID WEST BOUNDARY FOR A DISTANCE OF 193,00 FEET TO THE REAL POINT OF BEGINNING; THENCE CONJ1NUlNG S 00°34'18" W ALONG SAID WEST BOUNDARY FOR A DJST ANCE OF 565.64 FEET; mENCE N 75°07'43" E FOR A DISTANCE Of 689.45 FEET TO THE EAST BOUNDARY OF nœ WEST 1/2 OF THE NOR1HEAST J/4 OF THE NOR1HEAST 1/4 OF SAID SECTION 14, ALSO BEING TIlE WEST BOUNDARY OF VAN HBES SUBDIVISION; THENCE N 00°33'43" E ALONG SAID EAST BOUNDARY FOR A DISTANCE OF 112,23 FEET; THENCE N 89"13' 17" W FOR A DISTANCE OF 183.34 FEET; THENCE N 00"33'43" E FOR A DISTANCE OF 267.42 FEET; THENCE N 89°1 n 1"' W FOR A DISTANCE OF 48 .16 FEET TO THE REAL POINT OF BEGINNING, CONTAINING 6.08 ACRES OF LAND, MORE OR LESS, PREPARED BY TODD R. WAITE PIS C;\ProjectsIVanHces (2246)\Doc...ncntslvanheesTN-Rdoc- I - Exhibit C Page 2 D. Required Findings from Zoning Ordinance 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to zone the subject property to C-C and TN-R. Staff finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan. ill Chapter VII of the Comprehensive Plan, 'mixed use regional' is defined as areas where commercial/office and residential uses are transitioned between more intense uses, C-C, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map this is also consistent with the request for a Traditional Neighborhood Residential designation for the mixed use regional designation as a transitional zone. The density proposed with the preliminary plats are consistent with previous Commission and Council actions and generally conforms to the goals, objectives, and action items contained in the Comprehensive Plan for these transition areas with a request for consistent and transitional densities. Staff finds that the proposed zoning is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Concurrent with the annexation and zoning application, the applicant has submitted a preliminary plat that proposes single-family attached and detached single family residential products as well as vertically integrated products on the subject site (PP-05-058). Staff does not anticipate that the applicant plans to rezone the subject property in the future if the accompanying PP application is approved. Staff [rods that the office/retail uses would be allowed (permitted) within the requested C-C district and single family residential (townhouse) uses would be allowed (permitted) within the TN-R district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The applicant has submitted elevations for the proposed attached commercial and townhouse units these units will be designed and constructed to meet similar architecture to the single family detached residences and approved through the Certificate of Zoning Compliance process. Staff believes that the design of these single family attached dwelling units will be compatible with the adjoining uses and transitional in nature to anticipated heavier uses south and west ofthe site in the Ten Mile/I-84 illterchange. Staff finds that the proposed development will change the existing character of the area, which is still largely rural. However, the proposed development is generally harmonious with the intended character envisioned by the Comprehensive Plan. Staff does not find that the proposed zoning/uses will not be detrimental to the public health, safety, or welfare. Further, staff does not anticipate that the proposed uses will be hazardous as long as the applicant complies with the conditions contained in Exhibit B and all City Code provisions. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited Exhibit D Page 1 to, school districts; and, The abutting roadway, Franklin Road is within ACHD's Five Year Work Program or CIP (20-year plan) for road wide.ning and scheduled for 20] o. The applicant will be responsible for the extension of all utilities necessary to serve this proposed development. This development will be serviceable by the City of Meridian's sanitary sewer system through future extensions of the sewer and water lines located in Franklin Road. The site lies on a Major Arterial (Franklin Road) and future rights of way have been determined by the commenting jurisdictions. Other urban services, such as water, are near to this site and the applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion expected for a transitional region between commercial, industrial and residential uses. The applicant and/or future property owners will be required to pay park and highway impact fees. ACHD has submitted a staff report with site specific and standard conditions as attached in Exhibit B7. On November 10, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that except for immediate sanitary sewer, the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. Staff does not find that there has been a change in the area that dictates that this property should be rezoned. Staff recommends that the Commission and Council rely on staff s analysis, public testimony received and any comments submitted from any other agencies or departments regarding whether this property should be annexed. Staff [mds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. E. The annexation is in the best of interest ofthe City (UDC 1l-5B~3.E). If the aoolicant enters into a Develooment Agreement CDA) with the Citv. staff finds that the annexation and zoning of this oropertv to C-C and TN-R would be in the best interest of the Citv. 2. Preliminary Plat Findings: In determining the acceptance of a proposed subdivision, the Commission shall consider the objectives of this Title and at least the following: A. The plat is in conformance with the Comprehensive Plan; Please see Annexation Findings Item A above. B. Public services are available or can be made available and are adequate accommodate the proposed development; Please see Annexation Findings Items C and D above C. The plat is in conformance with scheduled public improvements in accord the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the subdivision will not require the expenditure of capital improvement funds. Exhibit D Page 2 D. There is public financial capability of supporting services for the proposed development; Please see Exhibit B for comments and conditions from other agencies and departments. E. The development will not be detrimental to the public heath, safety or general welfare; and Staff is not aware of any health, safety or general welfare problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Staff is not aware of any natural, scenic or historic features which require preservation. The applicant will be required to maintain, fence, and improve the waterways which are existing on this site. Furthermore the applicant shall define with the Parks Department the location of a multiuse pathway which will further enhance the natural feature of either the Ten Mile Creek. 3. CUP Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features. The applicant will be required to submit for specific conditional use permits for projected commercial uses or at a minimum a certificate of zoning compliance ensuring proper application ofthe UDc. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Please see Annexation Findings Item A above. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; The existing character of the area will, and is, currently changing. However, staff finds that the applicant is not proposing to alter the structure or character of the property and the use proposed is congruent with surrounding uses and uses that have occurred on the property in the past. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Exhibit D Page 3 ----~. If all Conditions of Approval contained in Exhibit B are complied with, staff does not believe that the proposed use will adversely affect other properties in the vicinity. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; The ACHD has submitted conditions of approval for this development as listed in Exhibit B. 7 staff feels that the conditions applied in Exhibit B show that proper services can be provided to the site. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Please see Annexation Findings Items C and D above G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that this use will not involve activities, processes, materials, equipment, or operations that will be detrimental to any persons, property, or the general welfare of any persons or property in the area. The proposed use should not produce excessive traffic, noise, smoke, fumes, glare or odors. Staff recommends that the Commission and Council rely on any and all public testimony given regarding this finding. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The conditions of approval listed in Exhibit B and the ACHD comments have addressed that future road connections and roadway extensions shall be designed as not to interfere with the surrounding public streets. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff is unaware of any natural or scenic features of major importance on this site and fmds that no natural or scenic features of major importance will be lost or damaged by approving the subject application. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may result in the destruction, loss or damage of a natural or scenic feature( s) of importance of which staff is unaware. Exhibit D Page 4 Meridian Planning & Zoning December 1, 2005 Page 11 of 18 Zaremba: I will open the Public Hearing for AZ 05-054 and PP 05-056, relating to Bryce Canyon Subdivision and entertain a motion to continue them to our meeting of December 15th, 2005. Rohm: So moved. Borup: Second. Moe: That was the 15th? Zaremba: To December 15th. Yes. I believe we have a motion and a second. All in favor say aye. Anyopposed? That motion carries. MOTION CARRIED: ALL AYES. Newton-Huckabay: How many items are on our agenda for the 15th? Moe: Quite a few. Zaremba: Quite a few. Let's see. My recollection is that there may be one or two of those that are going to drop out and one or two of them that are being warned that if they are the last item on the agenda they may be continued. Moe: Oh. Item 12: Public Hearing: AZ 05-056 Request for Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision by JBS Enterprises, LLC - 1845 West Franklin Road: Item 13: Public Hearing: PP 05-058 Request for Preliminary Plat approval of 29 residential lots, 7 commercial lots and 7 common lots on 10.15 acres in proposed TN-R and C-C zones for Harks Canyon Creek Subdivision JBS Enterprises, LLC - 1845 West Franklin Road: Item 14: Public Hearing: CUP 05-051 Request for a Conditional Use Permit for a mixed-use development within 300' of a residence for Harks Canyon Creek Subdivision JBS Enterprises, LLC - 1845 West Franklin Road: Zaremba: All right. I'll open the Public Hearing for AZ 05-056, PP 05-058, and CUP 05- 059, all relating to Bryce Canyon Creek Subdivision, and entertain a motion to continue those to January 5, 2006. Rohm: So moved. Borup: Second. 1.11 2.15 JBS ENTERPRISES, LLC LAND DEVELOPMENT CONSULTING January 4, 2006 RECEIVED JANO 5 2005 Mr. Joe Guenther Meridian Planning and Zoning 660 E. Watertower Lane Suite 202 Meridian, ID 83642 City Of Meridian City Clerk Office Subject: Harks Canyon Creek Subdivision - Responses to Conditions of Approval AZ-05-056, PP-05-058, CUP-05-0S1 Dear Joe: I have reviewed the staff report for the subject project, received bye-mail on December 30,2005. The development team appreciates the staff assistance as we work through approvals of this project using the recently approved UDC and the new TN-R zoning classification. Weare in agreement with most of the 107 conditions of approval, except for the following requested corrections/revisions: 1.8 Correction: Lot 22 should be Lot 21, the open space lot We request that Lot 5, Block 3 remain as a private lot for use as a service road as part of this application. When we submit a plan for development of Lot 19 (any development on the lot will require a plan to be submitted for approval), then we can best detennine the appropriate designation for Lot 5: public street, private street or a service drive as shown. Possible new language: "The applicant will submit a plan for any development of Lot 19, Block 3. At that time portions of Lot 5, Block 3 may be dedicated as a public street or a private street." We request the certificates of occupancy for the commercial lots to be tied to the improvements (sewer, fencing, micro-paths, PI and landscaping) on the commercial lots; and the cas for the residential lots be tied to the improvements on the residential lots. Possible new language: "All development improvements on the commercial lots, including but not limited to .. ...shall be installed and approved prior to obtaining certificates of occupancy for the commercial buildings. Similarly, all development improvements on the residential lots shall be installed and approved prior to obtaining certificates of occupancy for the residential townhomes." JBS ENTERPRISES, LLC 200 N. LOUISA STREET, BOISE, IDAHO 83712 (208)342-6941 ibsul.':!?s(â!cableone.net Page 2 Harks Canyon Creek 3.9 & 3.23 As noted in your report, these conditions are not applicable to this development. These are just a couple of changes that we hope can be made at the Planning and Zoning Commission meeting on January 5,2006. Again, thanks for your assistance and give me a call if you have questions. Sincerely, Jane Suøes Jane Suggs For Franklin Centre, LLC JBS ENTERPRISES, LLC 200 N. LOUISA STREET, BOISE, IDAHO 83712 (208)342-6941 ibsu!!:!!:sCâ>cableonc.net AZ 05-056 MERIDIAN PLANNING & ZONING MEETING APPLICANT JBS Enterprises, LLC December 1, 2005 ITEM NO. 12 REQUEST Public Hearing - Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone for Harks Canyon Creek Subdivision - 1845 West Franklin Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached memo (6~,rÐL ~ - ./ C; /r}.P \ C; /0 CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: No Comment MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS'IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Moterlgls presented gt public meetings sholl become property of the City of Meridion. Tara Green _..,--", '"'-------",- ,----",". '-------"."--- -~'--~--'~~"-"--'------- From: Jessica Johnson Sent: Monday, November 28, 2005 9:35 AM To: Tara Green Subject: FW: Harks Canyon ~--'---"'- ."-'"-"-"'.._-"'-".,,--'"---_.._-,,.."_._--"'"""~"-,. '""--~-'"---"----~---,_...,,"..,,--- From: Anna Canning Sent: Tuesday, November 22,20055:17 PM To: Jessica Johnson Cc: 'Jane Suggs Ubsuggs@cableone.net)' Subject: Harks Canyon Dear Planning and Zoning Commission, Staff has not prepared a report for the Harks Canyon project for the December 1, 2005 hearing date. Mr. Guenther did not anticipate that there would be an ACHD approval ready in time to prepare the staff report. The applicant was able to reach an unanticipated agreement with ACHD on November 21st. This gave staff one day to prepare the report. Given that this is a complex project and our first TN-R application, this was insufficient time to prepare an adequate staff report. Staff requests that you table this item. Thank you, Anna Borchers Canning, ÆCP CitY of Meridian Planning Director 660 E. Watertower Lane, Suite 202 Mendian, ID 83642 (208) 884-5533 phone (208) 888-6854 Jacsimzle cannínga@merídíancíty.org e-mail 11/28/2005 CITY OF MERIDIAN PUBLIC HEARING SIGN.UP SHEET December 1 , 2005 ITEM # 12,13,14 DATE PROJECT NUMBER AZ 05-056, PP 05-058,CUP 05-051 Harks Canyon Creek Subdivision PROJECT NAME NAME (PLEASE PRINT) FOR AGAINST NEUTRAL SeD I I ;~~i~~it:,~ ~ P /' Cl"ry OF ~1~1¡~ì!:\~¡1~" \.../Vi end/;;; 'ì~ "\ DE=~~:~~~~~~;~N~~~ ~~~ g~~~N::~~AN ~ IDAHO ~ ~(~;\":{)¡ _#ft~ 0 insure that your comments and recommendations will be considered by ~~~9:~8~ the Meridian Planning and Zoning Commission please submit your comments and recommendtions to the City of Meridian Attn: Planning Department, by: November 24, 2005 Transmittal Date: November 7, 2005 File No_: AZ 05-066; PP 06-068; CUP 05-051 Hearing Date: December 1, 2005 Request: Annexation and Zoning of 6.08 acres from RUT to TN-R and 4.07 acres from RUT to C-C zone; Preliminary Plat approval of 29 residential'ots, 7 commercial lots and 7 c acres in ro osed TN-R and C-C zones and a Co i' nal US", P fi" ... a ed use develo ment within 300' of a a residence for-"" 51" canyon Creek Sù1J 'ion By: JBS Ente ~C 8 20n , Location of Property or Project: -~Franklin Road (',-',' --- ~'" ",,) -- ""..,,:'" ""."".' ':, ",.,,- """',,,'" ---- -,-"_~:~jf~J1 l)bJ[".i \Y...:\.::: .J-~-" MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Charles M. Rountree Shaun Wardle CITY DEPARTMENTS Fire 540 E. Franklin Road 888~1234 / fax 895-0390 Parks & Recreation 11 W. Bower Street 888-3579 / fax 898-5501 Planning 660 E. Watertower Lane Suite 202 884-5533 / fax 888-6844 - David Zaremba (no FP) David Moe (no FP) - Wendy Newton-Huckabay (No FP) - Michael Rohm (No FP) = Keith Borup (No FP) Tammy de Weerd, Mayor - Charlie Rountree, C/C - Christine Donnell, C/C - Keith Bird, C/C - Shaun Wardle, C/C \./y:»ater Department Sewer Department Sanitary Services(No VAR, VAG, Fp) - Building Department ' = Fire Department Police Department - City Attorney - City Engineer -- City Planner = Parks Department Police 1401 E. Watertower Lane 888-6678 / 846~7366 Public Works 660 E. Watertower Lane Suite 200 898-5500 / fax 898-9551 - Building 660 E. Watertower Lane Suite 150 887-2211 / fax 887~1297 Wastewater 3401 N. Ten Mile Road 888-2191 / fax 884-0744 - Water 2235 N.W 8th Street 888-5242 / fax 884-1159 Your Concise Remarks: Meridian School District (No FP) Meridian Post Office(FPIPP only) - Ada County Highway District - Ada County Development Services - Central District Health - Nampa Meridian lnig. District - Settlers Img. District -Idaho Power CO. (FP.PP,CUp) - Qwest (FPIPP only) -Intermountain Gas (FPIPP only) - Bureau of Reclamation (FPIPP only) -Idaho Transportation Dept, (No Fp) - Ada County Ass. LanóRe-c(Jrds - Meridian Developmeri-tòrp, - Historical Pre~.Çomm. - ~~~ , "CITY HA:L 33 EAST IDAHO AVENUE MERIDIAN/ IDAHO 83642 (208) 888-4433 CITY CLERK - FAX 888-4218 CITY ATIORNEY I HR - FAX 884-8723 FINANCE & UTILITY BILLING - FAX 887-4813 MAYOR'S OFFICE - FAX 884-8119 Printed on recycled paper CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET RECEIVED JAN 0 5 2005 City Of Meridian City Clerk Office January 5, 2006 ITEM # 9,10,11 DATE PROJECT NUMBER AZ 05-056, PP 05~058, CUP 05~051 Harks Canyon Creek Subdivision PROJECT NAME NAME (PLEASE PRINT) FOR AGAINST NEUTRAL