Loading...
Bleak Subdivision AZ 02-034 March 3, 2003 MERIDIAN PLANNING & ZONING MEETING AZ 02-034 March 6, 2003 APPLICANT Kent and Nancy Bleak ITEM NO. 6 REQUEST Public Hearing - Request for annexation and zoning of 5.0 acres from RUT to R-3 zones for proposed Bleak Subdivision - 4920 West Cherry Lane AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: crrv SEWER DEPT: crrv PARKS DEPT: MERIDIAN SCHOOl DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: contacted:' ~ Date:,~/<,/D3 Phone: Z ~~-L{OS6 N/A--.. Materials presented at public meetings shall become propelly of the City of Meridian. See attached Comments ~Q.toW\i'I'\l(\JJ kil9(bVo-U +0 e/e,) "Ok per Meridian Water Departmenf' "No Comments" "No Comments at this time" See attached Comments "We have No Objections to this Proposal" No Comment 02/27/2003 09:59 FAX 2088886854 MERIDIAN P&Z DEPT. ~ C1ty Clerk ~001 Kent Bleak 4920 West Cheri)' Lane Meridian, JD 83642 208-888-4030 BBCIIVII) FEB if. tlW._~.. ttW~~ February 27, 2003 Meridian Planning and Zoning Commission RE: Property Posting Affidavit Dear Sir or Madam: . On February 27, 2003 the property located at 4920 West Cheri)' Lane Meridian Idaho . was posted with a statement of the public hearing 10 be held on March 6, ;2003 at 7:00 p.m. at the Meridian City Hall, Sincerely, ;J6J Kent Bleak G3~ _*....'<i:ri.~"ii'.~~,. ~=.. ~ ~A'\' A-'~Q\::" .!YS;""",\ 0.- "'"IY'+ ~.- \A '. i) g :' ~\) ff,t...0 . . . ~ ~: .. : 0 !i '. ,oU \" : Ii "+ .... B\- .... J ~ ~\\~".,:,.;... 0~PR "'~'C:OI'~~ rotrfjcutUuv",-- i-~ ~7;~oog' 2088885854 PAGE. 01 FEB 27 '03 10:05 MAYOR ROBERT D. CORRIE COUNCIL MEMBERS WILLIAM L.M. NARY KEIrn BIRD TAMMYDEWEBRD CHERIE MCCANDLESS RURAL FIRE COMMISSIONERS RiCHARD GREENE TERRY LEIGlITON SlEVE ELLIOTT j ~ridl!C) IDAHO :l>C ~ ... Tit , -mtV "l' CHIEF KENW. BOWERS DErorY CHIEF - FIRE PREVENTION JOSEPH SILVA DEPlITY CHIEF - TRAINING BILL JOHNSON 540 East Franklin Road Meridian, ID 83642 (208) 888-1234 Fax (208) 895-0390 1m MERIDIAN CITY/RURAL FIRE DEPARTMENT .."'" ~':'__. _'7:_ February 21,2003 FES ~ n_ <C.1/lfW CQjF rrDfmlIDMJ (c.mTW((;jLlfl~<<~(($ TO: Mayor, City Council & Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Bleak. Subdivision PFP 02-005, AZ 02-034 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. The driveway approach shall have a minimum radius of 28' inside and 48' outside radius. 2. The ftee access road shall be 20' wide and have a load bearing capacity of 70,000 Ibs. UFC 902.2.1 3. Streets which are greater than 150' in length and are not provided with an outlet are required to be provided with an approved turn-around. ~;;aa.-.. ......~'- Ada County Highway District Sherry R. Huber, President Susan S. Eastlake, 1 st Vice President Dave Bivens, 2nd Vice President David E. Wynkoop, Commissioner John S. Franden, Commissioner 318 East 37th Street Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: tellus@ACHD.ada.id.us January 3D, 2003 TO: Kent & Nancy Bleak 4920 W, Cherry Lane Meridian, ill 83642 RECEIVED FEB - 3 2003 FROM: Craig Hood C l+ Senior Development Analyst Planning & Development City Of Meridian City Clerk Office SUBJECT: MAZ02-034/MPFP02-005 Bleak Subdivision 4920 W. Cherry Lane On January 29, 2003 the Ada County Highway District Commissioners acted on your application for the above referenced project. The attached staff report lists conditions of approval and street improvements, which are required. . If you have any questions, please feel free to contact staff at (208) 387-6170. Cc: Planning & Development/chronlproject file City of Meridian Construction Services Drainage Dan Perry, C/O Arrow Engineering & Surveying, 222 E. State Street, Ste. B, Eagle, ill 83616 ....~i_... ~ Ada County Highway District Right-of- Way & Development Department Planning Review Division This application requires Commission action because the applicant is proposing an access point to an arterial streef thaf does not meet District policy for location. This item was heard on the consent agenda on January 29, 2003 at 12:00 p.m. (noon). Tech Review for this item was held with the applicant on January 17, 2003. Please refer to Attachment f for request for reconsideration guidelines. Staff contact: Craig Hood, 387-6174, chood@achd.ada.id.us File Numbers: MPFP02-005/MAZ02-034, Bleak Subdivision Site address: 4920 W. Cherry Lane, Meridian Owner/Applicant: Kent & Nancy Bleak 4920 W. Cherry Lane Meridian, ID 83642 Representative: Dan Perry C/O Arrow Engineering & Surveying 222 E. State Street, Ste. B Eagle,lD 83616 Application Information The applicant is requesting annexation, zoning, preliminary and final plat approval from the City of Meridian to subdivide 4.8-acres into 2 buildable lots. The site is located on the north side of Cherry Lane and on the west side of Black Cat Road, approximately 500-feet north and 400-feet west of the Cherry Lane/Black Cat Road intersection. Acreage: Current Zoning: Proposed Zoning Buildable lots: 4.8-acres RUT R-3 2 Vicinity Map ~ ~ 1 A. Findings of Fact 1. Trip Generation: This development is estimated to generate 10 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee assessed for the proposed building(s) on this site. The fee will be based on the impact fee ordinance in effect at the time that a building permit is issued. 3. Traffic Impact Study: Due to the minimal amount of additional traffic this site is expected to generate, a traffic impact study was not required with this application. 4. Site Information: There is currently a single-family home on the proposed Lot 1. Access to the existing single-family home is provided from a gravel driveway off of Cherry Lane located near the east property line. Access to Lot 2 is proposed from Black Cat Road located near the south property line. 5. Description of Adjacent Surrounding Area: a. North: Single-family home on large lot b. South: Single-family home on 2.0-acre lot c. East: Single-family home on 5.0-acre lot d. West: Single-family home on 4.6-acre lot Impacted Roadways: Cherrv Lane: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: 6. Black Cat Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: 255-feet Minor Arterial 4,823 west of Black Cat Road on 7/6/00 LOS C or better 35 MPH Black Cat Road, a stop-controlled intersection 127 -feet Minor Arterial 2,634 south of Ustick Road on 4/17/02 LOS C or better 50 MPH Cherry Lane, a stop-controlled intersection 7. Roadway Improvements Adjacent To and Near the Site Cherry Lane is currently improved with approximately 24-feet of pavement (two through lanes, no center turn lane) no curb, gutter or sidewalk. Black Cat Road is currently improved with approximately 24-feet of pavement (two through lanes, no center turn lane) no curb, gutter or sidewalk. 8. Existing Right-of.Way There is currently gO-feet of right-of-way (42-feet from centerline) for Cherry Lane abutting the site. There is currently 50-feet of right-of-way (25-feet from centerline) for Black Cat Road abutting the site. 2 9. Existing Access to the Site Access to the site is currently provided from an existing gravel driveway on Cherry Lane serving the existing home on the proposed Lot 1. The driveway is located near the east property line and approximately 400-feet west of Black Cat Road. The driveway is approximately 45-feet east of an existing driveway on the north side of Cherry Lane and approximately 12-feet from an existing driveway on the south side of Cherry Lane (measured near edge to near edge). 10. Site History ACHD has not reviewed this site in the recent past. 11. Five Year Work Program There are no roadways, bridges or intersections in the vicinity of the project that are currently in the Five Year Work Program. B. Findings for Consideration 1. Right-of-Way District policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1 B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. These sections of Black Cat Road and Cherry Lane are not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting fhe site. Right-of-way dedication is not required with this application. If fhe applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. 2. Roadway Improvements Sidewalk District policy requires 5-foot wide (minimum) concrete sidewalk on all collector roadways and arterial roadways (7204.6.5). Typically sidewalk is constructed in its ultimate location, 2-feet within the ultimate right-of-way. If the applicant dedicates additional right-of-way then sidewalk can be constructed in its proper/ultimate location on Black Cat Road and Cherry Lane. If the applicant chooses not to dedicate right-of-way then sidewalk cannot be constructed in its ultimate location and entirely in the right-of-way. The applicant is proposing to construct a 5-foot wide meandering sidewalk on Cherry Lane and Black Cat Road abutting the site. Because the ultimate right-of-way does not exist on Black Cat Road or Cherry Lane and the road is not in the current Capital Improvements Plan, the applicant has three options: Dedicate 48-feet of right-of-way (or more) and construct a sidewalk on Black Cat Road and Cherry Lane no closer than 41-feet from the centerline of the roadway OR Do not dedicate any additional right-of-way on Black Caf Road or Cherry Lane and construct a minimum 5-foot wide concrete sidewalk on the roadways with an easement provided to the District. The face of sidewalk shall be located a minimum of 41-feet from centerline. OR Do not dedicate or construct sidewalk on Black Cat Road or Cherry Lane. 3 3. Access Points The District normally restricts direct lot access to arterial roads (District policy 7207.8). District policy (Figure 72-F5) requires driveways on and arterial streets with a speed limit of 35 MPH (Cherry Lane) to align or offset with existing or proposed driveways a minimum of 150-feet. District policy (Figure 72-F5) requires driveways on and arterial streets with a speed limit of 50 MPH (Black Cat Road) to align or offset with existing or proposed driveways a minimum of 265-feet. District policy 7101.6.5 allows District staff to modify dimensional standards by up to 25% if the standard causes an undue hardship. The proposed driveway locations on Black Cat Road and Cherry Lane exceed the 25% dimensional standard that staff is able to modify. Therefore, the applicant must gain the ACHD Commission's approval of a modification. Request for Modification of Policy: Existing Driveway: The applicant is proposing to utilize an existing gravel driveway serving the existing home on the proposed Lot 1. The existing driveway on Cherry Lane is located near the east property line and approximately 400-feet west of Black Cat Road. The existing driveway is approximately 45-feet east of an existing driveway on the north side of Cherry Lane and approximately 12-feet from an existing driveway on the south side of Cherry Lane (measured near edge to near edge). Proposed Driveway: The applicant is also proposing to construct a new access to the proposed Lot 2, off of Black Cat Road. The proposed driveway is located near the south property line, approximately 105-feet south of an existing driveway on the west side of Black Cat Road. Staff Analysis and Recommendation: Existing Driveway: The existing driveway is approximately 375-feet long and has an on-site turnaround, which discourages vehicles from backing onto an arterial roadway. Because the of her existing driveways on Cherry Lane are also single-family driveways with minimal trips, because fhe use is not changing and because vehicles can turnaround on-site, sfaff is recommending that the Commission allow the applicant to ufilize the exisfing driveway on Cherry Lane as proposed. Proposed Driveway: The applicant is proposing to construct a new driveway for the proposed Lot 2 that is only 105-feet from an existing driveway to a single-family home. There is a limited amount of frontage on Black Cat Road for Lot 2, and the applicant is unable to place a driveway anywhere on Black Cat Road that would conform to District policy. The applicant is proposing the new driveway as far away from the existing driveway on Black Cat Road as possible. Therefore, staff is recommending approval of a driveway at the location proposed, near fhe south property line, as a modification to policy. On January 29, 2003 the ACHD Commission voted to grant the applicant a modification of policy for the driveway locations on Black Cat Road and Cherry Lane. The applicant may construct and utilize the existing/proposed driveways on Black Cat Road and Cherry Lane as proposed. District Policy 7207.9.3 restricts residential driveways to a maximum width of 20-feet. Graveled driveways abutting public streets create maintenance problems due to gravel being tracked onto the roadway. In accordance with District policy, 7207.9.1, fhe applicant should be required fo pave the driveways their full width and at least 30-feet into the sife beyond fhe edge of pavement of the roadway and install pavement tapers with 15-foot radii abutting the existing roadway edge, as proposed. 4 C. Site Specific Conditions of Approval 1. Construct a driveway on Black Cat Road located near the south property line, as proposed. Pave the driveway a maximum of 20-feet wide and at least 30-feet into the site beyond the edge of pavement of Black Cat Road and install pavement tapers with 15-foot radii abutting the existing roadway edge. This driveway location is approved with a modification to policy. 2. Utilize the existing driveway on Cherry Lane located near the east property line. Pave the driveway a maximum of 20-feet wide and at least 30-feet into the site beyond the edge of pavement of Cherry Lane and install pavement tapers with 15-foot radii abutting the existing roadway edge, as proposed. This driveway location is approved with a modification to policy. 3. Other than the access points specifically approved with this application, direct lot or parcel access to Black Cat Road and Cherry Lane is prohibited. Lot access restrictions, as required with this application, shall be stated on the final plat. 4. Dedicate 4B-feet of right-of-way from centerline (or more) and construct a sidewalk on Black Cat Road and Cherry Lane no closer than 41-feet from the centerline of the roadway OR Do not dedicate any additional right-of-way on Black Cat Road or Cherry Lane and construct a minimum 5-foot wide concrete sidewalk on the roadways with an easement provided to the District. The face of sidewalk shall be located a minimum of 41-feet from centerline. OR Do not dedicate or construct sidewalk on Black Cat Road or Cherry Lane. Coordinate the location and elevation of the sidewalk with District staff. If the sidewalk meanders outside of the right-of-way, provide an easement for the sidewalk. The District will require a license agreement for the landscape strip with the detached sidewalk. An agreement must be approved prior to scheduling the final plat for signature. Please contact the Right-of-Way Division at 387-3271 for guidelines. 5. Complywith all Standard Conditions of Approval. E. Standard Conditions of Approval 1. Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. 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. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact Construction Services at 387-6280 (with file numbers) for details. 5 5. 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. 6. 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. 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. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #195, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. Existing utilities damaged by the applicant shall be repaired by the applicant at no cost to ACHD. The applicant shall be required to call DIGLlNE (1-800-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387- 6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 10. 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. 11. 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 waiverlvariance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. F. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments: Vicinity Map Annexation/Rezone Map Preliminary Plat Appeal Guidelines 6 S\ 0_ o - r- - 1I1~ , c---- Nl Iii - I - \- ~ ~ .-, - i r- - .... l ,g - 19 Cl 0 ." (\) ,. \ .. to < -. (') /t~ 1 ) ~9l s- -- 3:$ \ ..Ll.-l::' Q) ~ r \ H HBWr:t:\ ~ ~ C - " er~~/~~EE ~~ \ IIII- ~~~ 8Iel-I\le;,g; , C 11~ b~H w_illl'J:~ C till _ /:, ~~~~ I~ f- X ~ ~~f1f r ffi D ~~ ill I~ r% ~~~ ~ ~ - ~\..w-' \ \ -'iI'NJ!...J..J V rIll r~ \R~mt ~~ ~ .fl E~@- t:# ~I~~ r>fi=" l ;r~ ~,,7 ~ \ c\:! I}J:!. r- JUI/I/h>..'>40 :0<\ r ' it:; 'l'Ycl-- WB=r\'( ~ ')--J- r- " r r-RE-l,- nIX ~~-ff/;A't5SF( #Ft Er 'r' "~:$-'^ I;fi']/j" \l ~ -tJ [~ ~ ?j~~ ~?ftbnrrml\JS ~ ~ '?D r p, % :;r ~ o:ID\8:tm ;:c ~UJ}-y , t Lh"/::i t!;!j; .-l .t: .(LlJ-J _ r- ~~\~ 'eDfl H~-'M1AP \-\.\.-1 TIlJCB3 ifl VICINITY , . \ - - 1 I !-- I / ~ '" / -\ , -l \ \ - Id1 ~ L - / ~ r r- ( c---- r: .~ - <,' ~;.; " 2:;,0 ~ H '><. ij; . ;I/'{~"'" .:(1:....':1<. ,.301........... :;-".-. ,- ill ".-/ :l6 ACRES "l8' '.:.:!',~~:v z.e~,e.<" -1 "S~'-:;7Y;r CHEHHY LANE ANNEXATION BlEAK SUBDMSION LOCAn;o rN THE SE i..~ sF: ~'4. O~" 'SF.C't1GN ,k T. ::\ J(., R. 1 18.. S.M. .,-\f)~ earNT)', CITY iW M'fRlDI.~N. IDAHO 200:l \!'t\r\,~~"it:\) -., ~'" '.J' :;.il",,'.,,-,:.-,-.. ~_9; ~.' ~ '11. ~" ---.---. . BLOCK I -' -.----_.~ ~ ~ (5\ '.'::;:..! 1.2 ACHES . ~ ~:8 '5'->'4; "'1.' JCL;'C' . ;~ .~ :.. ~ r~ 0- , . ",<J >.'\-'\ ...<lv' ~~ ~. ~ ' 1'/~ GR.\PHlC SCAl.E ':._.J l-.--'... "? ';: - .:0 ---' (tllrn::t) I in.,l. ~ et) it " ~ ? ;a.<:,'~,,;' <'r1; !n' '>1' ::IW,,~e' UNPl.l<'l"lTD ARRft'!...&_ '.-:,~~~"~r,. ~ ..,.".~~ -Fb ~if ~ ~ - " ~; ~ ~ ~ 32 :~. ~ ~j V! '" '-' .:; 2: \ I 1 lII. '.-"'-""~ ....:..,... ',:co..'" 'I" ._~ --<_....... .....',.. ""'.......,.,.."".., znf_',' 'loo"f ...r_I>>1lI _~"".-n7lI !>r."--'~ ANNEXATION MAP B1.f,M\ SllBDlVISlON REZONE/ANNEXATION MAP ;(liI ~ 0;,g-,,;;- ~~rr lZ.! ;~u1 ......."~., G-:.p UOf :00 " J70 __ JJVtvrr"H t!7G OB'IOI '1ffi1IllIJlI 'In ~ 'J1. oll&? NOIS1A1ollDS ~ Jim ~ "" , ft ' ~~;.:, '",~ S ",I ,,'" ~t,\' ~ ~til ~ i ~5'i % r>.;Ji +\ i @)!;l N :, ... 1 l ! . -" ""~-"'" _DF$'~-15i. ffi __"""' ...!OS, ,l5....5Urz ,.... ~ ~b..~ \~ M~}n1.V \l ot =.\ """S U ~ \, , iil~ \ 11;11\ ,Imill ,ifili'" .....\\ ----- I J i " \ \ I , al S', "llt C \ I 11 . \' , ' \ 1 'bb, ~ i I' \ , I'\l\I\\\\\ .. .... <I .... .... 'f ., -~ l)IIIllftlI JO 1lISf8 ,- "\ i\- I , I , .,UL. 1 J i ll'f ~~ r"" f , , , , \ \ , .. , , , II ~. ~ l~ I !I --- - .....'----- PRELIMINARY PLAT . . '. , \ Request for Reconsideration of Commission Action 1. Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be retumed to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be retumed. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. f. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. Request for Reconsideration 7 MAYOR Robert D. Corrie HUB OF TREASURE VALLEY A Good Place to Live CITY COUNCIL MEMBERS Tammy deWeerd Keith Bird Cherie McCandless William L.M. NW")' CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, IDAHO 83642 (208) 8884433 . FAX (208) 887-4813 City Clerk Office Fax (208) 888-4218 MEMORANDUM: To: Mayor, City Council and Planning & Zoning Commission From: Wendy Kirkaptrick, Planner II VJ~l ~ Bruce Freckleton, Senior Engineering Tech ~ P,tl M+~. 3-Lo JGJ 3 11U\'\s 00. (; ~7 March 6, 2003 RECEIVED MAR 0 4 2003 City Of Meridian City Clerk Office . Annexation of 4.8-Acres from RUT (Ada County) to R-3 (Low Density Residential District), by Kent and Nancy Bleak. (File No. AZ-02-034). Re: Bleak Subdivision . Preliminary I Final Plat Approval of Two (2) Building Lots on 4.8 Acres in a Proposed R-3 Zone, by Kent and Nancy Bleak. (File No. PFP-02-005). We have reviewed the above referenced submittals and otTer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATION SUMMARY The applicant, Kent and Nancy Bleak, has applied for Annexation and Zoning and Preliminary I Final Plat approval of2 building lots on 4.8 acres ofland located northwest of the intersection of Black Cat Road and Cherry Lane. The requested zoning designation for the subdivision is R-3. This application qualifies for the preliminary I final plat application process because the proposed Bleak Subdivision is under four lots in size, and no new streets are being dedicated. The lots range in size from approximately 1.2 acres to approximately 3.6 acres. The subject property is within the Urban Service Planning Area and City of Meridian water service is available. At this point in time the two lots are not serviceable by the City of Meridian's sanitary sewer system. The applicant has an existing septic system on Lot 1, and he reports that he has recently gained approval from the Central District Health Department for a septic system on Lot 2. This sewer situation is acceptable with the Public Works Department, however, when sanitary sewer service is available, the owners of each lot will be required to cease using their septic systems and convert to the Meridian Sewer System per MCC 9-4-8A AZ..(J2-o34, PFP-02-00S Bleak Subdivision. AZ.PFP Planning & Zoning CommissionlMayor & City Council March 6, 2003 Page 2 LOCATION The property is located at the northwest intersection of Black Cat Road and Cherry Lane. SURROUNDING PROPERTIES North: Rural residential, zoned RUT (Ada County.) South: Rural residential, zoned RUT (Ada County.) East: Rural residential, zoned R-4. West: Rural residential, zoned RUT (Ada County). OWNERS OF RECORD Kent and Nancy Bleak are the owners of record and they have given their consent to this application(s). ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprebensive Plan and, if not. has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designation, R-3, is harmonious with and in accordance with the effective Comprehensive Plan ('02) and Future Land Use Map, which designates the land to be "Low Density Residential." B. Is tbe area included in the zoning amendment intended to be rezoned in the future; Staff does not anticipate that the applicant intends to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; Staff finds that the proposed single family residential subdivision will be allowed within the requested R-3 zone. AZ-02-035, PFP-lI2-00S Bleak Subdivision AZ.PFP Planning & Zoning CommissionlMayor & City Council March 6, 2003 Page 3 D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land to the east is being developed in a manner similar to the proposed subdivision. Staff finds that the requested zoning designation of R-3 is harmonious with the recently approved adjacent development(s) and should be rezoned in the requested manner. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed uses will not change the eXlstmg or intended character of the area which is low and medium density residential. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony (oral and written) to determine whether or not the proposed use will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous or disturbing to future or existing neighbors. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any ofsuch services; Staff finds that the subject property is within the Urban Service Planning Area and City of Meridian water service is available. At this point in time the two lots are not serviceable by the City of Meridian's sanitary sewer system. The applicant has an existing septic system on Lot I, and he reports that he has recently gained approval from the Central District Health Department for a septic system on Lot 2. This sewer situation is acceptable with the Public Works Department, however, when sanitary sewer service is available, the owners of each lot will be required to cease using their septic systems and convert to the Meridian Sewer System per MCC 9-4-8A AZ-02-035, PFP-02.00:5 BleokSubdMsionAZPFP Planning & Zoning CommissionlMayor & City Council March 6, 2003 Page 4 Please review ACHD, Police and Fire Department's comments concerning this subdivision for further information. H. 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; Staff, finds that there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. I. Will the proposed uses 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; Staff finds that the proposed subdivision will not create excessive traffic, noise or other nuisances that would be detrimental to the general welfare of the surrounding area: Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however staff does not feel that the amount generated will be detrimental to the public welfare of the city. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the subdivision's vehicular approach on Black Cat Road and Cherry Lane will create new interference with the existing traffic, however staff does not believe that the subdivision entrances will cause significant interference on the surrounding public streets. Please review ACHD comments concerning vehicular approaches and traffic generation. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that no natural or scenic features of major importance will be lost or damaged by approving the annexation and re-zone. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Onl. 592, 11-17-1992)? AZ-02-035. PFP--02-005 Bleak Subdivision AZ.PFP Planning & Zoning CommissionlMayor & City Council March 6, 2003 Page 5 Staff finds that the annexation of this property would be in the best interest of the City. ANEXATION AND ZONING COMMENTS I. Any existing domestic wells within this project will have to be removed from their domestic service, per MCC 5-7-517, wells may be used for non-domestic purposes such as landscape irrigation. At this point in time the two lots are not serviceable by the City of Meridian's sanitary sewer system. The applicant has an existing septic system on Lot 1, and he reports that he has recently gained approval from the Central District Health Department for a septic system on Lot 2. This sewer situation is acceptable with the Public Works Department, however, when sanitary sewer service is available, the owners of each lot will be required to cease using their septic systems and convert to the Meridian Sewer System per MCC 9-4-8A 2. The legal description for annexation and zoning appears to describe the subject property, and complies with the requirements of the State Tax Commission and City of Meridian. PRELIMINARY PLAT FINDINGS AND REOUffiEMENTS Sections 12-3-3 1.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance ofthe snbdivision with the Comprehensive Development Plan; Staff finds the subdivision to be in conformance with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. c. The continuity of the proposed development with the capital improvement program; Staff fmds that the subdivision will not require the expenditure of capital improvement funds. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. e. The other health, safety or environmental problems that may be brought to the Commission's attention. AZ-02'()35, PFP-()2...()05 Bleak SUbdivisionAZ.PFP Planning & Zoning CommissionlMayor & City Council March 6, 2003 Page 6 Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Councilor Commission's attention. ADDITIONAL CONSIDERATIONS 1. The preliminary plat has a plat note restricting houses in the subdivision to a minimum of 2,600 sq. ft. Staff recommends that this plat note be deleted; the R-3 zone already has a minimum house size of 1,500 sq. ft. SITE SPECIFIC COMMENTS I FINAL PLAT 1. Sanitary sewer service to this development shall be via private septic systems, until sanitary sewer service is available from the City of Meridian. At such time as service is available, the owners of each lot will be required to cease using their septic systems and convert to the Meridian Sewer System per MCC 9-4-8A 2. Water service to this development shall be via service line extensions from the existing City of Meridian mains adjacent to the south and east. 3. The applicant has indicated that a pressurized irrigation system within this development will be owned and maintained by the Settler's Irrigation District. Please revise the plat to show how the system is going to be served (i.e. connection to an existing system, or independent pumping facilities) Underground year-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. Applicant shaIl be required to utilize any existing surface or weIl water for the primary source. If a surface or weIl 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 shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 4. Add or revise the foIlowing preliminary plat notes: (10.) This development is intended as residential use only with a minimum of ~ 1.500 sq. ft. homes, excluding garaye area. (J 1.) The owner of each lot across which passes an irrigation/draina!!e ditch or pipe is re:fPOnsible for the maintenance therq/. unless such re!fPonsibility is assumed bv an irrigation/drainaffl! district. (12.) The bottom elevation of buildiny footin!!s shall be set a minimum of 12-inches above the highest established normal ffToundwater elevation. 5. Applicant must comply with all ACHD requirements and submit a revised plat depicting compliance with these requirements prior to the next public hearing for this plat. 6. Add the distance dimension of the east side of Lot 1. AZ-02-035. PFJL.02.oos Bleak Subdivision AZ.PFP Planning & Zoning CommissionlMayor & City Council March 6, 2003 Page 7 7. Revise the plat map to reflect the existing right-of-way ofW. Cherry Lane & N. Black Cat Roads, and show that portion of the transportation corridor (additional right-of-way) to be dedicated with this plat in the future. 8. Remove the water services from the final plat map. 9. Add the legal description of the subdivision to the Certificate of Owners. 10. Remove the note in the Certificate of Owners regarding individual wells. 11. Ten (10) copies of a revised plat shall be submitted to the City Clerk's Office at least ten days prior to the next public hearing for this plat. GENERAL COMMENTS 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 2. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 4. Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13- 10-8. 5. 250 and 100-watt, high-pressure sodium streetlights will 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 commencing installations. 6. 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 removed. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. RECOMMENDATION Staff recommends approval of the proposed annexation/rezone and preliminary plat, with the aforementioned findings and conditions. AZ-02.Q35, PFP-02-005 Bleak Subdivision AZ.PFP 03/06/2003 11:33 FAX 2088886854 MERIDIAN P&Z DEPT. .. C1 ty Clerk ~001 Kent Bleak 4920 West Cherry Lane Meridian, ID 83642 208-888-4030 RECEIVED MAR 0 6 2003 City Of Meridian City Clerk Office FebrullJY 27, 2003 Meridian Planning and Zoning RE: Property Posting Affida . Dear Sir or Madam: On FeblUary 27, 2003 the pro erty located at 4920 West Cheny Lane Meridian Idaho was posted with a statement 0 the public hearing to be held on March 6, 2003 at 7:00 p.m, at the Meridian City HaIl. Sincerely, ~G3 Kent Bleak ,~,,~ .#"\0. HA '?-\\-.. ",,,,;.,,Q\ . . - . . ~S.tA:ii. ff~".' ':r 'ii' f.' "fA ',I If :' ~\) /(,t. ". .\~ ~: .. : ~ ~ . '"': JJ '~, ". ,oUS\..\ .: ! ~ ~tl";>'~7i"" 0~~0/ , ''''~{~~. rdr' ~'--.t/fJ /o/"5/;}Oor 2088886854 PAGE. 01 MAR 06 '03 11:40 PUBLIC HEARING SIGN-UP SHEET BECEIVED MAR - 6 2003 CITY OF MERlDIAN DATE March 6, 2003 AZ 02-034 PROJECT NUMBER PROJECT NAME Bleak Subdivision NAME FOR AGAINST K R \A-\- 'B L. \r_ )Z.. D ,7- LA-u) K ,