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Findings AZ 04-020 MERIDIAN PLANNING 8. ZONING MEETING September 2, 2004 APPLICANT Gemst4r Development, LLC ITEM NO. ~ 2 REQUEST Public Hearing -Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision -east of South Locust Grove Road and south of East Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: COMMENTS c~~~;~~~ p/d~ t~ !D ~l-~`~ 3'~ No Comment No Comment See attached Comments Contacted: ,~~~~ ~t~~_^ Date: ~ Phone: ~-~~~ Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cily of Meridian. ~ ~ ~'~r'ti ~~~ ~ ~~ ~ ?BSI II ~3 MAYOR w _ ~ s ~„ e'~f"' ~~; Tammy de Weerd c€TY of ~ ~4f CTI'Y COUNCIL MEMBERS ~ ~ ~~~ ~ ~'+ ~ ~ ~ ~ ///r~ Vi i h ~ ~~~~ ,_ Ke~hB;rd ~rt~ir~n , ~ ~~ William L.M. Nary IDAHO ~~ ~~~` Shaun Wardle ~ ~ (208) 466-9272 ~ FAX 466-4405 Charles M. Roun4ee '~,i: _ .fi Transmittal Date: August 30, 2004 STAFF REPORT: P&Z Hearing Date: September 2, 2004 ,..,,~ ,. To: Mayor, City Council and Planning & Zoning Commission ' ~'--~ ~ ~ ' '~' From: Brad Hawkins-Clazk, Principal City Planneic-- +~~G ~ ~ 2~~~ Bruce Freckleton, Senior Engineering Tech ~;fLy Dp ~c~~=k~- Re: Bellingham Park Subdivision • Annexation and Zoning of 43.18 Acres from RUT to R-8 (Medium Density Residential), by Gemstar Development, LLC (File No. AZ-04-020) • Preliminary Plat for One-Hundred and Sixty-Four (164) Single Family Building Lots and Thirteen (13) Common Lots on 43.18 Acres in a Proposed R-8 Zone, by Gemstaz Development, LLC (File No. PP-04-027). We have reviewed the above referenced submittals and offer 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: APPLICATIONS SUMMARY The applicant, Gemstar Development, LLC, has applied for annexation and zoning and preliminary plat approval of 164 building lots and thirteen (13) common lots on 43.18 acres of land on the east side of S. Locust Grove Road, approximately '/a mile north of Amity Road. There aze eight (8) sepazate county pazcels, six (6) property owners, and three (3) existing homes within the. boundaries of the proposed plat. The site is bisected by the Ten Mile Creek and a public pathway is planned on the east side of the creek. The northeast boundary of the property abuts the already approved Tuscany Lakes Subdivision, which is the path of annexation for this development. The land is designated as Medium Density Residential on the 2002 Future Land Use Map and the applicant has requested all of the property be zoned R-8. The proposed building lots range in size from 6,500 squaze feet up to 14,200 squaze feet. The existing residential lot on the north side of W. Wrightwood Dr. (Lot 6, Block 3) is 38,790 squaze feet and will retain an irrigation well and several mature trees. The gross density of the project is 3.85 dwelling units per/acre. This complies with the Comprehensive Plan future land use designation of Medium Density Residential (up to 8 du/acre). The subdivision is proposed to be constructed in three (3) phases (starting at Locust Grove and constructing west to east). AZr04020, PP-04027 Belling2iam Pazk.AZ.PP Planning & Zoning Commission/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 2 The subdivision proposes one direct road access to S. Locust Grove Road and several stub streets to adjacent, undeveloped parcels. The Ada County Highway District staff required the residential collector (Wrightwood) be shifted slightly to the north, which forced a minor re-design of Block 6 at the entry. (This staff report is based on the preliminary plat revised 8-22-04 to accommodate that change.) The ACRD Commission is scheduled to review the subdivision at their September 1, 2004 meeting. Staff is recommending approval of both applications with conditions. LOCATION The property is located on the east side of S. Locust Grove Road, approximately'/a mile north of Amity Road. It is located in Township 3 N., Range 1 E., Section 29. SURROUNDING PROPERTIES North: Two, 5-acre pazcels with existing residences west of Ten Mile Creek, zoned RUT; and Tuscany Lakes Subdivision, zoned R-4, east of Ten Mile Creek. West: AgriculturaUpasture land; 56-acre parcel, zoned RUT (Ada County) East: AgriculturaUpasture land; 20-acre parcel, zoned RUT (Ada County) South: Two, 20-acre parcels with one residence each on Amity Road and a 5.8-acre parcel with a single family residence, zoned RUT. OWNERS OF RECORD There are six (6) property owners of record within the boundaries of the subject annexation and preliminary plat: - Rick L. McKague (2 parcels) 6.53 ac. - Douglas H. Killam 8.94 ac. - Lawrence W. & Charlene Smith 5.05 ac. - Owen H. Garrett 4.75 ac. - Tom L. Dawson (2 parcels) 19.70 ac. - U. S. Bureau of Reclamation/NMID 2.9 ac. To date, all parties except BOR/NMID have provided notarized consent to Gemstar Development, LLC for submission of the applications. (Note: According to the applicant's attorney, the NMID Board of Directors is tentatively scheduled to meet September 7~" to make a decision on their consent to annex the Ten Mile Creek. The P&Z Commission wild need to decide if this lack of written consent is of sufficient concern to warrant a deferral of the application.) Bellingham Park.AZ.PP AZ-04-020, PP-04-027 • • Planning & Zoning Commission/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 3 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 Comprehensive Plan and, if not, has there been an application fora Comprehensive Plan amendment; Staff finds that the proposed zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Medium Density Residential. There is a minimum target density of three (3) du/acre in the Comprehensive Plan and Bellingham Park's gross density is 3.85 du/acre. The Future Land Use Map shows a future community park in this square mile. However, the Parks Department is not seeking to acquire any land ftom the applicant. In addition, the application cover letter (from Shawn Nickel, dated May 15, 2004) lists several Comprehensive Plan policies, all of which support the annexation and proposed residential use of the property. B. Is the 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. There are several large, undeveloped county parcels east and south of this land and additional rezone requests are anticipated on these parcels 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 would be allowed within the requested zoning district of R-8. The accompanying plat demonstrates the land would be developed in lot sizes, housing types and other dimensional requirements that conform to the new zoning. 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 abutting the northeast boundary and northwest of Locust Grove Road is already annexed and approved for development uses and densities similar to the Bellingham Park.AZ.PP AZ-04020, PP-04-027 Plannin & Zonin Comm~sion/Mayor & City Council g g September 2, 2004 (P&Z Hearing Date) Page 4 proposed subdivision (Tuscany Lakes and Roseleaf subdivisions). Tuscany Village Subdivision, also zoned R-8, is a recently approved subdivision at the southwest corner of S. Locust Crrove and Victory Roads (approximately'/Z mile to the north of the subject property). The majority of the subject section (T3N, R1E, 29) is designated for residential development similar to the proposed project (low and medium density residential). This is the second annexation application the city has received within Section 29 (besides the Tuscany Lakes/Messina Village AZ and PP). S. Locust Crrove Road is not a classified roadway and is not programmed within ACHD's Five Year Work Program or Capital Improvement Program. Staff also finds that no property south of the half mile section line between Victory and Amity Roads has been annexed within any section in Meridian's Area of Impact. While contiguous to existing city limits (for approximately 670 feet), the Commission and Council may want to consider the implications of this annexation and whether or not it is "orderly" growth (see Finding L below). 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 single family residential use will impact the existing character of the subject property and adjacent farmland (to east and south). The intended character of the vicinity is a mix of low and medium density residential to the south and east and more urban, higher density/impact development to the northeast (mixed use neighborhood center on Victory). The proposed use conforms with the Future Land Use Map. The design and density conforms with the Comprehensive Plan policies noted in the applicant's cover letter. 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 uses will be disturbing or hazardous to the existing or future neighboring uses. Staff does not anticipate that the proposed residential uses will be hazardous as long as construction traffic and house construction is conducted in a manner consistent with Meridian City Code. 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 of such services; BellingUam Pazk.AZ.PP AZ-04020, PP-04-027 • • Planning & Zoning Commission/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 5 Staff finds that the property to be annexed will or can be served adequately by most essential public facilities and services if all conditions of approval are met by the applicant. However, the Meridian Police Department (MI'D) has expressed some concern about a secondary vehicular access to the lots east of Ten Mile Creek (42 buildable lots) and recommends limiting improvements to this Phase 3 until either W. Rangewood Drive or S. Bradcliff Ave are extended to the east and connected to another section line road. MPD is concerned about their ability to respond should there be a problem with the culver/bridge across Ten Mile Creek. Also, SSC will not enter privately owned common driveways in residential subdivisions to pick-up trash. MCC 4-1-11.B.4 requires all trash cans "be placed as close to the curb as possible, or in alleys if the property has alley access. The solid waste containers shall be clear of pedestrian and vehicular traffic at all times. Solid waste containers shall be clearly visible and accessible to the waste collection personnel and free from obstructions including, but not limited to, trees, shrubbery, fences, vehicles, and walls." The impact of this ordinance on Lots 5 and 6, Block 6 is that property owners will have to haul their trash cans up to 100 +/- feet from the residence to back of curb. The applicant will be required to extend sanitary sewer and water mains to and through the proposed development, thereby making them available to the adjacent properties. The project as preliminarily designed indicates sewer flow in basically two directions. The plat indicates that the portion of the development southwest of the Ten Mile Creek would flow out to Locust Grove, and the portion northeast would flow to the 24-inch trunk line in Tuscany Lakes. The City of Meridian's Sanitary Sewer Facility Plan shows that the front 650-feet+ from Locust Grove would drain to Locust Grove, and the balance of the project would have to drain out to the 24-inch line from Tuscany Lakes. The preliminary plat also indicates the 24-inch sewer trunk line to be extended under the Ridenbaugh Canal on the north side of the Ten Mile Creek. What is not depicted is that the existing trunk line is more than 1000 feet north of the subject property and an easement will need to be acquired from the developer of Tuscany Lakes Subdivision to the north for this segment of the trunk line. Sanitary sewer is only available from this point for the eastern portion and, if the off-site easement cannot be obtained, sewer service is unavailable. Please review ACFID, Police and the Fire Department's comments concerning this subdivision for further information regarding public services and facilities. 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 for public services and facilities if the applicant complies with the conditions of approval for the accompanying preliminary plat application. 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 AZ-04-020, PP~f4-027 Bellu~gt~am Park.AZ.PP Plannin & Zonin Commission/Mayor & City Council g g September 2, 2004 (P&Z Hearing Date) Page 6 general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff recognizes that traffic and noise will increase upon build-out of the proposed subdivision. ACRD projects the development will generate 1,608 additional vehicle trips per day. However, staff does not feel that the amount generated will be detrimental to the public welfare if all City and ACHD conditions of approval are met -including new turn lanes on S. Locust Grove Road. The projected LOS D for the Locust/Victory intersection in 2009 (all traffic) is a fact the Commission should consider as part of this application. Staff finds that the proposed subdivision will not involve uses that would create other nuisances that would be detrimental to the general welfare of the surrounding area. 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; The proposed new entry road, W. Wrightwood Drive, is located to meet ACHD's offset and spacing policies. As noted above, the access was relocated several feet north of what was proposed on the original preliminary plat to avoid splitting parcel boundaries on the west side of Locust Grove Road when Wrightwood is extended. The Commission and Council should review ACHD comments concerning vehicular approaches and traffic generation. The ACHD Commission will act on the preliminary plat application September 1 and staff will provide an update to the P&Z Commission on this final decision at the September 2 hearing. 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 rezone. The Ten Mile Creek is a natural drain and amenity of the development and should be protected. In addition, approximately 60 lots are currently shown within the 100 year floodplain. Staff finds that there is a possibility of some health or environmental problems associated with filling the subject site adjacent to the Ten Mile Creek and potential impacts on downstream properties. Any ground fill or other measures taken to construct houses within the floodplain should comply with all FEMA and other regulatory standards. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per MCC 12-13-13. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? Staff finds that most essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. As noted in Finding G, this finding is dependent upon the developer acquiring necessary off- site easements to the north. The applicant is proposing to develop the land in substantial AZA4-020, PP-04-027 Bellingham Pack.AZ.PP • Planning & Zoning Commission/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 7 compliance with the City's comprehensive plan (medium density residential, pathway construction, etc). The Zoning Ordinance (MCC 11-1-4.D.) states that a purpose of the code is to "encourage orderly growth and development, thereby avoiding scattered development of land..." As noted under Finding D above, no property south of the half mile section line between Victory and Amity Roads has been annexed within any section in Meridian's Area of Impact. The Commission and Council should review the impact of annexing the subject land considering this finding. SPECIAL CONSIDERATIONS -ANNEXATION A. Legal Description: For clarification, the annexation legal description is for 46.59 acres and the legal description for the preliminary plat is for 43.18 acres. The difference between the two is the Ten Mile Creek parcel, owned by the Bureau of Reclamation (U. S.). The City of Meridian has traditionally annexed irrigation facilities that lie adjacent to developing land to ensure a consistent Zoning Map and prevent county enclaves. NMID has the authority to act on behalf of BOR in such legal matters and the applicant expects NMID consent of the annexation on September 7~'. (See Annexation Comment #2.) ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application (dated 6-22-04, stamped by D. Terry Peugh) shows the property as contiguous to the existing corporate boundary of the City of Meridian and is approved. 2. Prior to the next public hearing on this application, submit a notarized statement from NMIDBOR consenting to the annexation of Ada County Parcel No. S 1129315330 (Ten Mile Creek) into the City of Meridian. 3. 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. 4. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the parcel shall be tiled per City Ordinance 12-4-13. 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't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 5. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. PRELIMINARY PLAT FINDINGS AND REQUIREMENTS AZ-04020, PP-04-027 Bellingfiam Pazk.AZ.PP Plannin & Zoning Commission/Mayor & City Council g September 2, 2004 (P&Z Hearing Date) Page 8 Sections 12-3-3 J.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 of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density, 3.85 du/acre (gross), is in compliance with the land use classification, medium density residential, noted on the map. b. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development if all conditions of approval are met by the applicant. c. The continuity of the proposed development with the capital improvement program; Staff finds 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 recommends the Commission and Council rely upon comments from the public service providers (i.e. police, fire, ACHD, etc} to determine this finding. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there is a possibility of some health or environmental problems associated with filling the subject site adjacent to the Ten Mile Creek and potential impacts on downstream properties. PRELIMINARY PLAT SPECIAL CONSIDERATIONS A. Street Side Yard Setbacks for Lot 6 Block 3: MCC 11-9-1 requires a minimum street side setback of 20 feet within the R-8 zone. As proposed, Lot 6, Block 3, has only a 15 foot +/- street side setback off W. Wrightwood Dr. The applicant must either submit a Variance application or correct the setback to comply with MCC 11-9-1. (See Site Specific Condition #1.) B. Double Frontage for Lot 6, Block 3: Lot 6, Block 3 is also double fronted on both Brightwood and Overhill and it is unclear where the front setback and primary access will be Bellingham Pazk.AZ.PP AZ-04020, PP-04-027 Planning & Zoning Commission/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 9 taken from. MCC 12-4-5 requires every block to have two tiers of lots except where lots back onto a subdivision boundary or natural feature. One option to correct the double fronted lot is to create a new common lot adjacent to the rear lot line of Lot 6, Block 3. At the P&Z Commission hearing, the applicant will need to clarify the frontage street and access and address how this lot will comply with MCC 12-4-5. (See Site Specific Condition #2.) C. 100-Year Floodplain Boundary: Approximately 60 buildable lots near the Ten Mile Creek lie within FEMA's 100- year floodplain. On August 30~', the applicant submitted a revised plat to staff showing said floodplain boundary. As noted under the Annexation Findings, staff has some concerns about how construction within the floodplain will impact downstream properties. The applicant should be prepared to address this issue at the P&Z Commission hearing. (See Site Specific Condition #3.) D. Regional Pathway Location: The 2002 Comprehensive Plan shows a 10-foot regional pathway adjacent to Ten Mile Creek. The applicant met with both NMID and the Parks Department to discuss the pathway location. Due to a large spillway and liability concerns, NNIID is opposed to any crossing of the Ridenbaugh Canal with a pedestrian bridge at the intersection of these two facilities. The Parks Department agreed to a modified alignment of the regional pathway. The applicant is proposing to construct the pathway on the east side of Ten Mile Creek within Lot 8, Block 12, providing for an extension of the pathway to the south in the future. This issue will be discussed in more detail at the P&Z Commission hearin . (See Site Specific Condition #6.) E. Secondary Access: As noted below, the Meridian Fire Department is requiring a secondary access to the subdivision prior to the 51~ lot being created. Since submitting the application, staff has been informed that the applicant has one of the parcels to the south under contract (Parcel No. 1129336420, owned by Vandenberg). They intend to construct a secondary access through said parcel and connect with E. Amity Road. This extension will also be necessary to comply with ACHD's condition to provide a secondary access before creating the 101 ~` lot. F. Sanitary Sewer Access: The project as preliminarily designed indicates sewer flow in basically two directions. The plat indicates that the portion of the development southwest of the Ten Mile Creek would flow out to Locust Grove, and the portion northeast would flow to the 24-inch trunk line in Tuscany Lakes. The City of Meridian's Sanitary Sewer Facility Plan shows that the front 650-feet from Locust Grove would drain to Locust Grove, and the balance of the project would have to drain out to the 24-inch line from Tuscany Lakes. By "jumping" drainage boundaries, this can potentially jeopardize someone else's ability to develop upstream. The preliminary plat also indicates the 24-inch sewer trunk line to be extended under the Ridenbaugh Canal on the north side of the Ten Mile Creek. What is not depicted is that the existing trunk line is more than 1 000 feet north of the subject propertv and an easement will need to be acquired from the developer of Tuscany Lakes Subdivision to the north for this segment of the trunk line. Sanitary sewer is only available from this point for the eastern AZ-04020, PP-04-027 Bellingham Pazk.AZ.PP Planning & Zoning Commission/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 10 portion and, if the off-site easement cannot be obtained, sewer service is unavailable. (See Site Specific Condition #13.) SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) Prior to the next public hearing, the applicant shall either submit a Variance application or revise the plat to correct the W. Wrightwood Drive street setback for Lot 6, Block 3 to comply with MCC 11-9-1. 2. Prior to the next public hearing, the applicant shall submit a revised plat that corrects the existing double frontage for Lot 6, Block 3. 3. The applicant shall submit a revised preliminary plat graphically depicting the 100-year floodplain boundary. Additionally, The applicant shall provide a hydraulic analysis model, as prepared by an Idaho licensed engineer, to determine that the relocated or altered watercourse (Ten Mile Creek), has the same or greater capacity as the original watercourse, prior to development plan approval. Work within the stream channel will require a permit from the US Army Corps of Engineers, and possibly the Idaho Department of Water Resources. 4. The vacation of the existing Idaho Power Co. power line easement shall be approved by all applicable agencies prior to the City Engineer signature of the final plat. 5. Prior to City Engineer signature of the final plat, submit a copy of an executed license agreement with NN1ID that allows the encroachment of Lots 7 - 15, Block 10 into the Ridenbaugh Canal easement, unless otherwise waived by the City Engineer. 6. Amend the preliminary plat to show the location of the regional pathway on the east side of the Ten Mile Creek. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the regional pathway. The public easement shall be recorded for the pathway prior to the first Certificate of Occupancy of any structures in that particular phase of the subdivision. Submit a copy of the recorded easement to the Planning and Zoning and Parks Departments. The easement shall be sufficient width to cover the 10-wide pathway (or 6-foot where the reduced pathway width is allowed). Buildings are precluded from constructing within this easement. The 10-foot wide hard surfaced pathway shall be constructed and fully improved prior to the issuance of the first Certificate of Occupancy for any building within the phase. Additionally, a note shall be added to the face of each final plat indicating the City of Meridian is responsible for the maintenance of the pathway surface located within the easement. Applicant shall conform to the Park's Department standards for construction of the regional pathway. The Homeowner's Association is responsible for maintenance of all landscaping adjacent to the pathway. 7. Per Ordinance 12-13-15-9, six-foot "open vision" or four-foot solid fencing is required around the perimeter of Lot 2, Block 1, Lot 13, Block 5, Lot 4, Block 11 and Lot 8, Block AZ-04020, PP-04-027 Bellingham Perk.AZ.PP Planning & Zoning CommTssion/Mayor & City Council • September 2, 2004 (P&Z Hearing Date) Page 11 12. Submit a revised fencing plan with the final plat. The developer shall construct the fence prior to release of any Certificate of Occupancy within the respective phases. 8. .The common driveway in Block 6 (Lots 5 and 6) shall be designed in accordance with MCC 12-4-14, Common Drive Design Standards. Any portion of the flag lots for Lots 12 - 15, Block 3 that is beyond the 16-foot wide driveway surface shall be landscaped. 9. The conceptual landscape plan submitted with the preliminary plat (Sheets L-1 thru L-2, dated 5/13/04 by South Landscape) is approved with the following changes: a. Amend Block 6 to show the new lot configuration. b. If required by the City Council, add a new landscape buffer on Lot 6, Block 3 along S. Overhill Avenue and show one tree per 35 feet. 10. Applicant shall construct a minimum 5-foot wide, detached sidewalk along the entire subdivision frontage of S. Locust Grove Road. Coordinate sidewalk location with ACHD. 11. All areas being counted toward the 5% open space requirement shall be free of "wet ponds" or other such nuisances. All stormwater detention facilities incorporated into the required open space are subject to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as depicted on the submitted landscape plans. 12. Please submit all up-to-date groundwater monitoring data to the Public Works Department for review. The initial study indicates that shallow groundwater may be a factor. All drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge within a period of time not to exceed 24 hours for all storms up to and including a 100-year storm event. Side slopes within drainage areas shall 'not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. 13. .Sanitary sewer service to the front 650-feet of the project from Locust Grove Road shall be from an extension of the existing mainline in Locust Grove, the balance of the site will have to take service from the future 24-inch trunk that is currently more than 1,000 feet north of the subject property, and an easement will need to be acquired from the developer of Tuscany Lakes Subdivision to the north for this segment of the trunk line. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 14. Domestic water service to this site shall be via main line extensions from mains installed adjacent to the property in Locust Grove Road. The applicant will be responsible to construct water mains to and through this proposed development, (to the ends of the stub AZ-04020, PP-04-027 Bella~gham Perk.AZ.PP Planning & Zoning Comm~sion/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 12 streets Spicewood and Claire). Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 15. The applicant has not indicated who will own and operate the pressurized irrigation system within this development. 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. If the pressurized irrigation system within this development is to remain a private homeowners' association system, complete plans and specifications shall be reviewed by the Public Works Department as part of the development plan review process. A draft copy of the pressurized irrigation system O&M manual shall be submitted prior to plan approval. The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-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 City Engineer. 16. Applicant shall submit 10 copies of revised plat and landscape plans prior to the next public hearing on this application. The revised landscape plan shall include that portion of the flag lots in Block 6 which is beyond the driveway surface width. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. Please submit with the final plat application a copy of the Ada County Street Name Committee's approval letter for the subdivision name, and the lot and block numbering. Make any corrections necessary to conform. 4. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 5. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance, shall be submitted for the subdivision with the final plat application. 6. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 7. Two-hundred-fifty and one-hundred-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 AZ-04-020, PP-04-027 Bellingham Park.AZ.PP Planning & Zoning Com~sion/Mayor & City Council • September 2, 2004 (P&Z Hearing Date) Page 13 completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 8. 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. 9, Any existing domestic wells and/or septic systems within this project will have to be removed from their 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. 10. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 11. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. MERIDIAN FIItE DEPARTMENT CONDITIONS 1. One and two family dwellings will require afire-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 400' apart. International Fire Code Appendix D 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 '/z" 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 corners. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. 4. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have an approved turn around. 5. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside. 6. Insure that all yet undeveloped parcels are maintained free of combustible vegetation. AZ-04-020, PP-04-027 Bellingham Park.AZ.PP Planning & Zoning CommTsion/Mayor & City Council September 2, 2004 (P&Z Hearing Date) Page 14 7. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 8. To increase emergency access to the site, a minimum of two points of access will be required for any portion of the project which serves more than 50 homes. The two entrances shall be separated by no less than half the diagonal measurement of the project. 9. Building setbacks shall be per the Building Code for one and two story construction. 10. The roadways shall be built to Ada County Highway Standards 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. 11. 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 MERIDIAN POLICE DEPARTMENT CONDITIONS No Certificate of Occupancy shall be issued within Phase 3 until a permanent, secondary access is available to serve this phase. SANITARY SERVICE COMPANY CONDITIONS In accordance with MCC 4-1-11.B.4, the trash receptacles for Lots 5-6, Block 6 shall be located no more than five (5) feet behind the W. Wrightwood Drive sidewalk. SSC will not provide trash pick-up services utilizing the common driveway. The trash receptacle(s) shall not cause a nuisance and shall be enclosed. RECOMMENDATION Staff recommends approval of the proposed annexation, rezone and preliminary plat with the conditions noted above. However, as noted, we believe the Annexation and Zoning Finding "G," "K" and "L" regarding the 100-year floodplain and sewer serviceability be resolved before all required findings can be met. The following outstanding issues need to be resolved at the Commission before forwarding the applications to City Council: 1. Frontage, setbacks and access for Lot 13, Block 5 2. Location of the regional pathway 3. Construction methods within the 100-year floodplain 4. Sanitary sewer boundaries/service AZ-04020, PP-04-027 Bellinghazn Pazk.AZ.PP AZ 04-020 MERIDIAN PLANNING & ZONING MEETING October 21, 2004 APPLICANT Gemstar Development, LLC ITEM NO. 7 REQUEST Continued Public Hearing from September 2, 2004 -Annexation and Zoning of 43.18 acres from RUT to R-8 zone for Bellingham Park Subdivision -east of South Locust Grove Road and south of East Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL pISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: _, , COMMENTS See previous Item Packet/Minutes ~~1c n~ w ~~~r~ Pl'`'\(P~ld I~ ,~~ See attached comments Date: Phone: Emailed v Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian.