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HomeMy WebLinkAboutWindham Place RZ-08-007 MFP-08-007CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ~ERIDIA In the Matter of the Request for Rezone of 5.03 Acres from R-8 (Medium Density Residential) to R-15 (Medium-High Density Residential); Request to Modify Note #4 by Removing the Zero Lot Line and Modifying Note #10 by Removing the Requirement for Attached Houses from the Recorded Plat, by Eagle Springs Investment, LLC. Case No(s). RZ-08-007 and MFP-08-007 For the City Council Hearing Date of: January. 6, 2009 (Findings on the January 27, 2009 City Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 6, 2009, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 &MFP-08-007 -1- 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description and Development Agreement provisions in the attached Staff Report for the hearing date of January 6, 2009, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's Rezone request as evidenced by having submitted the legal description and exhibit map prepared by D. Terry Peugh, PLS, dated 12/02/08, is hereby conditionally approved; and, 2. A Development Agreement is required with approval of the subject Rezone application and shall include the provisions noted in the attached Staff Report for the hearing date of January 6, 2009, incorporated by reference. D. Attached: Staff Report for the hearing date of January 6, 2009. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 & MFP-08-007 -2- B action of the City Council at its regular meeting held on the 2~~^ day of I , 200 COUNCIL MEMBER DAVID ZAREMBA VOTED AI~S~' COUNCIL MEMBER BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED~g COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) ~~,~ ``~,,,,,,,~(~~~or T de Weerd Attest: ``\~.~`~~~~ ~i~9,~,°'%~, ~o ~ ~ ; ~~ Jaycee H an, City Clerk >G ~"' c Copy served upon Applicant,'',1,~~,D~partment, Public Works Department and City Attorney. B Dated: ~' Z8'D~ Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-08-007 & MFP-08-007 -3- CITY OF MERIDIAN PLANNING• DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 STAFF REPORT Hearing Date: January 6, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner T :; 208-884-5533 1 %~- SUBJECT: Windham Place • RZ-08-007 Rezone of 5.03 acres from R-8 (Medium Density Residential) to R-15 (Medium High-Density Residential), by Eagle Spring Investments, LLC • MFP-08-007 Final Plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot line; and modifying note #10 by removing the requirement for attached houses from the recorded plat. 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Springs Investments, has applied for a Rezone (RZ) of 5.03 acres from R-8 (Medium Density Residential) to R-15 (Medium-High Density Residential). Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot line and modifying note #10 by removing the requirement for attached houses from the recorded plat to allow the construction of single family detached homes. The subject site is located east of N. Meridian Road, and approximately'/z a mile south of E. Ustick Road. 2. SUMMARY RECOMMENDATION The subject applications (RZ-08-007 &MFP-08-007) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis of the requested RZ and MFP applications below. Staff recommends approval of RZ-08-007 and MFP-08-007 for Windham Place, as presented in the Staff Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Ezhibit D and subject to the conditions listed in Ezhibit B. Note: The Commission is not required to make a recommendation on the Final Plat modification request (MFP--08-007). The Meridian Planning & Zoning Commission heard this item on November 6 and_ December 4, 2008. At the December 4a' public hearing the Commission voted to recommend approval of the subject RZ request. a. Summary of Commission Public Hearin: i. In favor: Peter Harris ii. In opposition: None iii. Commentin: None iv. Written testimony: None v. Staff presentine application: Bill Parsons vi. Other staff commentin on application: None b. Key Issue(s) of Discussion by Commission: i. The dimensional standards of the R-8 zoning district re~ardinE single family detached and sinle family attached homes. c. Key Commission Chaise(s) to Staff Recommendation: i. Staff initiated the chaise to strike DA provision #4 because the lot (Lot 1 Block 1) talons access to Meridian Road is not part of the rezone request and no other lots have direct lot access to Meridian Road. d. Outstandins Issue(s) for City Council: i. Is rezonins this property from R-8 to R-15 appropriate for allowing the construction of single family detached homes. Windham Place RZ-08-007 &MFP-08-007 PAGE 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-08-007 and MFP-08-007, as presented in the staff report for the hearing date of January 6, 2009, with the following modifications: (add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-08-007 and MFP-08-007, as presented during the hearing on January 6, 2009, for the following reasons: (You should state specific reasons for denial of the rezone.) Continuance I move to continue File Numbers RZ-08-007 and MFP-08-007 to the hearing date of (insert continued hearing date here) so the Planning Department can draft conditions for approval (you should state reasons for continuance). 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: East side of N. Meridian Road, and approximately % mile south of E. Ustick Road NW % of Section 6, T3N, R1E b. Owners: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 c. Applicant: Eagle Springs Investments, LLC 6951 N. Duncan Lane Boise, ID 83703 d. Representative: Peter Harris e. Present Zoning: R-8 Zachary A. Graves 267 E. Indian Rocks Court Meridian, ID 83642 Windham Place RZ-08-007 &MFP-08-007 PAGE 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 f. Present Comprehensive Plan Designation: Medium Density Residential g. Description of Applicant's Request: The applicant is requesting concurrent approval for rezoning of the 5.03 acres to R-15 and final plat modification to modify note #4 by removing the zero lot line; and modifying note #10 by removing the requirement for attached houses from the recorded plat h. Applicant's Statement/Justification): "Windham Place Subdivision was approved as a 231ot project with 22 attached units and one detached unit on March 14, 2006. All of the improvements as approved for the project have been completed and accepted by the City. Our intention was to build units comparable to the units built in the Highgate Subdivision next door. With the change in the market we have been forced to revise our plans. We began with moderately priced duplexes of which we have built two pairs to date. Sales have been slow. All of the feedback from interested buyers has indicated that people aren't interested in attached product and are looking for detached houses. The existing R-8 zoning requires all detached units to be built on lots 5000 sq ft or greater. We are looking to rezone to R-15 to allow for detached units to be built on smaller lots. As our lots are already improved we will not be making any changes to the lot sizes or configurations as shown on the approved plat. The approved density of 3.91 units per acre will not be changed; the only change will be houses that are 35' wide instead of 40' wide. We are looking to modify the Final Plat for Windham Place based on the previous narrative. The Final Plat Modification requires slight adjustments to the approved plat. Notes 4 and 10 need to be modified to allow the construction of single family detached homes." See applicant's narrative for more information: 5. PROCESS FACTS a. The subject application will in fact constitute a rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public hearing is required before the Commission and City Council on this matter. b. The subject application will in fact constitute a final plat modification as determined by City Ordinance. By reason of the provisions of the Meridian City Code Title 11, Chapter 5, Article A (Table 11-SA-1), a public meeting is required before the City Council on this matter. c. Newspaper notifications published on: October 20, 2008 and November 3, 2008 (Commission); December 15, and 29, 2008 (Council) d. Radius notices mailed to properties within 300 feet on: October 10, 2008 (Commission); December 12, 2008 (Council) e. Applicant posted notice on site by: October 24, 2008 (Commission); December 19, 2008 Council 6. LAND USE a. Existing Land Use(s): Existing residence with accessory buildings and vacant land. b. Description of Character of Surrounding Area: The surrounding area is developed as single family residential. c. Adjacent Land Use and Zoning 1. North: Single Family Attached Homes (Highgate Subdivision); zoned R-8. 2. East: Single Family Residential (Fothergill Pointe Subdivision); zoned R-8. 3. South: Single Family Townhomes (Breinholt Subdivision); zoned R-8. 4. West: Single Family Residential Subdivisions; zoned R-4. Windham Place RZ-08-007 & MFP-08-007 PAGE 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 d. History of Previous Actions: The subject site was annexed and zoned (AZ-OS-053) and preliminary platted (PP-OS-055) in 2006. In addition, a final plat (FP-06-022) was approved for 23 buildable lots and 3 common lots in 2006. e. Existing Constraints and Opportunities 1. Public Works Location of sewer: All mains were previously installed. Location of water: All mains were previously installed. Issues or concerns: None. 2. Vegetation: Existing mature trees around existing residence and canal. 3. Flood plain: NA 4. Canals/Ditches Irrigation: The Creason Lateral transverses along the northern property boundary. 5. Hazards: None known on property. 6. Proposed Zoning: R-15 7. Size of Property: 5.91 acres 8. Description of Use: Single-Family Residential f. Subdivision Plat Information 1. Residential Lots: 23 2. Non-residential Lots: N/A 3. Total Building Lots: 23 4. Common Lots: 3 5. Other Lots: N/A 6. Total Lots: 26 7. Open Lots: 3 8. Residential Area: 5.78 acres 9. Gross Density: 3.91 units per acre g. Landscaping 1. Width of street buffer(s): 25 feet required on Meridian Road. The landscaping has been installed with the approval of the YVindham Place Subdivision and is to remain unchanged. 2. Width of buffer(s) between land uses: None required; the subdivision is surrounded by lands designated for, or developed as, single family residential. h. Proposed and Required Residential Standards: per the R-15 (and R-8) zones are as follows: Setbacks Proposed (R-8) Required (R-15) Front 20 20 Street side (Garage) 20 20 Street side (Living) 15 10 Windham Place RZ-08-007 & MFP-08-007 PAGE 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Side 5 5 Rear 12 12 Frontage 40/50 0 Lot Size 4060 / 5500 min. sq. feet 2,400 min. sq. ft. i. Summary of Proposed Streets and/or Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west. All roadways are constructed and operational for Windham Place Subdivision. These roadways were evaluated and approved by the City and ACHD. 7. COMMENTS MEETING On October 16, 2008 Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department and Meridian Public Works Department. Staff has included all comments and recommended actions attached in Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS The subject site is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain between three and eight dwelling units per acre (see Page 99 of the Comprehensive Plan.). The overall density of the approved Windham Place Subdivision is 3.91 acres and is not proposed to change with the rezoning of the property. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action 1) All of the properties adjacent to the subject site are designated for medium density residential uses on the Comprehensive Plan Future Land Use Map. Further, the applicant is requesting the rezone to construct single family detached homes rather than single family attached home. Staff believes this development is compatible with the surrounding residential developments in the area. • 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 Future Land Use Map which identifies this area as an appropriate area for medium-density residential development. This proposal meets the Comprehensive Plan definition of medium-density, with a gross density of 3.91 dwelling units per acre. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The street connections are constructed and provide connectivity with the surrounding residential subdivisions. Windham Place RZ-08-007 & MFP-08-007 PAGE 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 • Preserve, protect, enhance, and utilize our natural resources in Meridian and surrounding areas. Preserve and conserve our waterways, wetlands, wildlife habitat, and other natural resources. (Chapter V, Goal I, Objective A) The Creason Lateral crosses the subject property and has been preserved and amulti-use pathway has been located in accordance with the Master Pathways Plan. • Offer a diversity of housing types for a greater range of choice. Encourage quality housing project for all economic levels in a variety of areas. (Chapter VII Goal V Objective A) The applicant believes rezoning the property to R-1 S and allowing the construction of single family detached homes will increase the viability of the project and provide affordable housing for the citizens of Meridian. • Support infill of random vacant lots in substantially developed, single-family areas at densities similar to surrounding development. Increased densities on random vacant lots should be considered if: Development of uses other than single-family structures are compatible with surrounding development as it complies with the current comprehensive plan. (Chapter VII Goal V Objective A Action 10) Staff finds rezoning this property to R-1 S should not impact the density approved with this development. Further, the proposed density is similar to the surrounding developments and stafffinds the home design compatible with the existing neighborhoods. • Apply design and performance standards to infilling development in order to reduce adverse impacts upon existing adjacent development. (Chapter VII Goal V Objective A Action 11) Staff does not foresee a negative impact on surrounding development by rezoning the subject property. The proposed single family detached products should be compatible with surrounding homes in the area and do not differ much from the attached product already constructed within the development. Staff finds that the proposed R-1 S zoning designation is harmonious with and in accordance with the Comprehensive Plan. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the applicant's development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-21ists single family detached homes as permitted use in the R-15 zoning district. b. Purpose Statement of Residential Districts: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation REZONE: The applicant is proposing to rezone 5.03 acres from an R-8 (Medium-Density Residential) zoning district to an R-15 (Medium High-Density Residential) zoning district. Windham Place RZ-08-007 & MFP-08-007 PAGE 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Concurrently, the applicant has submitted a final plat modification for Windham Place Subdivision to modify note #4 by removing the zero lot lines and modifying note #10 by removing the requirement for attached houses to proceed with constructing single family detached homes on the site. Under the R-8 zoning district, there are different dimensional standards for single family attached and single family detached homes. Attached homes require 40 feet of lot frontage and 4,000 square foot lots; detached homes require 50 feet of lot frontage and 5,000 square foot lots. The project was approved for single family attached product and noted on the recorded plat. A majority of the lots have lot frontages of 45 feet and lots average less than 5,000 square feet respectively, which do not meet the dimensional standards for detached homes in an R-8 zoning district. Therefore, the applicant is proposing to rezone the property to an R-15 zoning district which does not have a minimum lot frontage requirement and requires a minimum lot size of 2,400 square feet. It is important to the note the applicant is not proposing to increase the number units approved with the original project. Further, the setback requirements are the same with the exception of the setback to living area; the R- 8zone requires a 15-foot setback and the R-15 zone requires a 10-foot setback. If the subject rezone and final plat modification are approved the applicant would be able to proceed with constructing single family detached homes on the lots with minimal redesign to the current lot configuration. Staff is supportive of the applicant's request to rezone the property provided the applicant enters into a development agreement with the City (applicable DA provisions will be discussed in further detail below). The rezone legal description submitted with the application (prepared on 12/02/08 by Terry Peugh, PLS) shows the property within the existing corporate boundary of the City of Meridian. Development Agreement: UDC 11-SB-3.D.2 and Idaho Code § 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. A development agreement was not required with the annexation of this property in 2005. Staff believes that a DA is necessary to ensure that this property is developed in a fashion that is consistent with the comprehensive plan and does not negatively impact nearby properties. If the Commission and Council decide it is in the best interest of the City to rezone this property, a Development Agreement (DA) shall be entered into between the City of Meridian, property owner (at the time of rezone ordinance adoption), and the developer. The applicant shall contact the City Attorney, Bill Nary, at 898-5506, within 12 months to initiate this process. Please be advised a $303.00 fee will required to process the development agreement. The DA shall incorporate, at a minimum, the following, in addition to provisions the Commission and Council deem appropriate: 1. Future homes on this site shall be generally consistent in appearance to the elevations attached in Exhibit A. The applicant shall construct homes on the site that contain the following design features: varying pitch roof design including gable and hip rooflines facing the street, shutters around the windows on the front facade, substantial pillars with substantial bases and front facades accented with brick/stone, garage door with a glazing element and covered porch areas. Building materials shall be of quality materials including but not limited to wood siding, hardie plank siding and/or stucco, incorporating varying siding materials (wide plank, narrow plank, board and batten, and cedar shingles) and a minimum of two field colors and a trim color. 2. Any future subdivision, uses, and construction on this property shall comply with the City of Meridian ordinances in effect at the time of application submittal. 3. The subject site shall develop with a maximum of 23 single family detached homes. Each home shall comply with the R-15 building setbacks, and not encroach into any easement. Windham Place RZ-08-007 & MFP-OS-007 PAGE 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Access: Access to the development is from Hawk Street from the east and Larchmont Avenue from the south, with the exception of Lot 1, Block 1, which takes access from Meridian Road to the west. All roadways and sidewalks are constructed and operational for Windham Place Subdivision. Building Elevations: As mentioned earlier, Windham Place Subdivision was approved for the construction of single family attached homes with the exception of the existing home that fronted on Meridian Road and Lot 17 of Block 1. As part of that approval, elevations were not tied to the development via a development agreement; however there is a note on the recorded plat that required 1,000 square foot single family attached homes. The applicant has submitted renderings of a single story home and a two story home depicting how future homes may be constructed on this site. The single story home calls out masonite and board and batten siding. Shutters and stone veneer accent the front facades of both homes. In addition, glazing is provided on the garage doors of the homes. A front porch is provided for the second story home and a covered entryway is provided for the single story home. The roof design also incorporates modulation and hip and gable rooflines for the proposed buildings. The UDC requires buildings to be constructed of high quality building materials such as stone, brick, wood or other native materials. In no case shall the buildings use vinyl siding as the primary siding material. Staff has reviewed the submitted building elevations and believes future homes will be constructed of durable building materials. Further, Staff is including a Development Agreement provision requiring these design features in future homes built in this subdivision. Landscaping/Site Improvements: Staff has visited the site and all improvements (roadways, pathways, sidewalks, fencing and landscaping) have been constructed and installed for Windham Place Subdivision. FINAL PLAT MODIFICATION: There are no required findings for a final plat modification. As mentioned above, the recorded final plat restricts the applicant to 1,000 square foot single family attached homes. Currently two pair of attached product has been constructed on the site. The applicant states that feedback from potential buyers has indicated a single family detached product is more desirable in today's market. Therefore, the applicant is requesting to modify the recorded plat to allow the construction of single family detached homes. The modification will include removing note # 10 from the recorded plat and modifying note #4 by removing the zero setback lot lines referenced in the legend and on interior lot lines of the recorded plat. The notes on the recorded plat shall be modified as follows: 4) All lots (exc_:rt <e.v~e*'-~~~~ ° ~~~••~~ --~-- ~~~-~~a~ are hereby designated as having a permanent easement for public utilities, irrigation and lot drainage over the five (5) feet adjacent to any interior lot line, unless otherwise shown and dimensioned (Remove zero lot line exhibit from the legend as well). 10) , .(Remove from notes) Staff is supportive of the applicant's request; however after reviewing the recorded plat and the applicant's floor plan, there are four lots (Lots 3, S, 8 c~ 9 of Block 2) that may not accommodate the housing product, as proposed. Lots 3 and 5 have an 8-foot P.U.I.D. easement along the northern property boundary and Lot 8 and 9 have lot frontages of 40 and 41 feet respectively. The submitted housing plans depict a 35-foot wide home which would conflict with the required 5-foot side setback and utility easements along the interior (side) lot lines. Staff is Windham Place RZ-OS-007 & MFP-08-007 PAGE 8 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 recommending the applicant reconfigure the lots along the eastern boundary or redesign homes for those lots to comply with the side setbacks of the R-15 zoning district and do not interfere with existing 8-foot easement on Lots 3 and 5. The applicant may submit a Property Boundary Adjustment application to reconfigure the lots along the east boundary to accommodate the homes and the existing easements. As another option, the applicant could decrease the number lots and still be in substantial compliance with the approved final plat. Further, if an additional housing type is the preferred route, then elevations should be submitted to staff ten days prior to the City Council hearing to ensure future homes on those lots will comply with the setback of the R-15 zoning district and not conflict with the aforementioned P.U.I.D. easements. b. Staff Recommendation: Staff is recommending approval of RZ-08-007 and MFP-08-007 for Windham Place, as presented in the Staff Report for the hearing date of December 4, 2008, based on the Findings of Fact as listed in Exhibit D and subject to the conditions listed in Exhibit B. The Meridian Planning & Zoning Commission heard this item on November 6 and December 4 2008. At the December 4a' public hearing the Commission voted to recommend anuroval of the subiect RZ request. a Meridian City Counc'1 heard these items nn Jannarv 6. 2009_ At the nnhlir hParina t ounc 1 approved the subiect 7. and MFP reaue t 11. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Final Plat 3. Approved Landscape Plan 4. Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Windham Place RZ-08-007 & MFP-08-007 PAGE 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 A. Drawings 1. Vicinity Map ~ii RIIT I I ~(''~. , RIIT ~ Rl 1. o i ', ~ ~~ -~. a SITE °~.~ ~> ~~ / ` i _ _, _.. r ~- ~ '~e ate=~~'~ow-tly-~ ° -B ~n rl ~f _ } j•,,. ~.- R S 1 r `... ~"+. ~ ; ~`~1 ter' € R1 ate` t r .~ ~ ~: O GG Exhibit A - I - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 2. Approved Final Plat ~;: ( a 3iN~a 9NG~ d _ ~ x ~ ~~ ~, ~ F eS' ~.. T'A X~y~~ry`7 ~ _ ~ ~~~ i~ ~" ~ _ P :i5 Q 2 ~•~, rG :S r <{ ~ sf3 "~ R, ~ ~~ Lt~ '~ + i '~~ `' 6~ . t ~ `~ 7 :) ~ I _+ ~ i ~ ~ ~ e . ~ ~ ~~ ~ ~ ~ ~ g~ a ~' ~ '°v~ _ ... ~ s d ~ ~~~ . ~ I J , r. p ~ r ~ t 9 f '';; ~ 3 1~ ~ - ti ~' 1 ~'t p ~~$ ~ t E 1 S ~ ~ ~ ~. ~ ~ ~ '~1~xn~-1,~ a~ a.a ,cB~ rxa+, a~~ ~, ~ 4~ ~~ ~'i` Exhibit A _ 2 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 3. Approved Landscape Plan ._. ~ ~ s ~~ yS ~yyy u~-~,zy ...._.... ~ ty ' i R 5`~i 718'i~'d lL®mt~ 1'. ~Q ~l m r ~~~ ~~~~@ 1 P~bYj,:50. 'f `~ ~` ' ~~ e yMr l a0~ ~~~~~ ~ e ~I I I ~~ ~~~~ ~ ~ ~~~~~~~~~ Ion ~ ~~ --~;:~ t ~ i ~y~ ,.P-~C~ b~ e ~~; ~~~~tl , 4! J ~4, ~; S } •~r °f r ry4M ffQ{ ~ $Y! a 944 ~ i i°J'~. ..K ~ ~ .~. JS . ~~ ` ~ ~ 1 ~ 1 ~ ~ 4~ a ~ ~ti , r~ ~~ i .. . f3. ~ ~ s ~ . $ la ~ ~: 1, ~ ~ _ ~ '~ _ - (. i ~ ^1067 ~ r. F k...... ~~ ~~ 4_. Exhibit A - 3 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 4. Elevations :,~. m , F .~ ,_~. ~ 1~ 1 I ~ ,.,F _ _ _ ._ ~~ t # ..~ . `. -~ ..,; - 8~ `€ .. ~ 'J~' a 'P a eYv H Exhibit A i -4- 4 1 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 The rezone legal description prepared by Terry Peugh, PLS, dated 12/02/08 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 Prior to rezone ordinance approval, the applicant shall enter into a Development Agreement with the City. Said Development Agreement shall be signed within 12 months of the City Council's approval of this application. Please be advised a $303.00 fee will required to process the development agreement. See section 10 above for analysis and comments regarding the DA provisions subject to Windham Place Subdivision. 1.3 Approval of the rezone and final plat modification does not relieve the applicantldeveloper from compliance with any previous approvals; the applicant shall comply with all applicable conditions from AZ-OS-053, PP-OS-055 and FP-06-022, for Windham Place Subdivision. 1.4 The applicant shall redesign the homes/floor plans for those lots along the eastern boundary so they comply with the side setbacks of the R-15 zoning district and do not interfere with e~sting easements on Lots 3 and 5; or the applicant nQay submit a Property Boundary Adjustment application to reconfigure the lots along the east boundary to accommodate the homes and the existing easements. If an additional housing type is the preferred route, then elevations shall be submitted to staff ten days prior to the City Council hearing. All homes shall comply with the setback of the R-15 zoning district and shall not conflict with any easements. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no opposition with this application. All conditions of approval from the previously approved plat will apply. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on comers when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather surface are required before combustible construction is brought on site. 3.3 Building setbacks shall be per the International Building Code for one and two story construction. 3.4 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 of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout Exhibit B - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 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). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. 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). 4. POLICE DEPARTMENT (NO COMMENTS PROVIDED) 5. PARKS DEPARTMENT 5.1 Pathway and Trail standazds: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 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. 5.3 Standazd for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed. 5.4 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance UDC 11-3B-10 will be followed. 6. SANITARY SERVICE COMPANY (NO COMMENTS PROVIDED) 7. ADA COUNTY HIGHWAY DISTRICT (NO COMMENTS PROVIDED) Exhibit B - 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 C. Legal Description and Exhibit Map ~ ®~ H © 145U East Watf~tower St. Suite I50 ~JU ~v~Y Meridian.ldaha 8384 G RU U P +~„~ (2as} s4~--ss~o Fax t~~) ~a4-s~~ Project No. OS-182 August 25, 2008 Revised November 3, 2008 Revised December 2, 2008 Windham Place Subdivision Rezone Description from R8 to R15 Windham Place Subdivision, excepting Lots 1 and 16, Block I thereof, as same is recorded in Book 98 of Plats at Page 1..2462, Ada County records, located in Government Lot 5 of Section 6, T.3N., R.l E., B.M., Ada Cauntyx Idaho, more particularly described as follows: Gammentiiig at the West 1 t4 comer of saki Section. b. from which the Northwest carter of said Sections bears North 00° 17' 16" East, 2658.29 feet; Thence North 00° 17' 16" East, 742.50 feet; Thence North 89°42'44" East, 25.00 feet; Thence South 8'9°42'44" East, 51.38 feet; Thence South 88°13'47" East, 122.48 feet to the REAL PAINT OF BEGINNING, Thence North 76°54'00" East, 270.80 feet; Thanes North 53°44'51"East 53.7$ feet to an angle point an the southerly boundary of Highgate Subdivision. Phase 2, as seine is recorded in Book 90 of Phis at Page t OS i 4, Ada County records, said point lying in the South Slough (Finch Lateral); Thence continuing and along said slough and southeasterly boundary of said subdivision Noreh 53°44'S 1" East, 493.59 feet. (af record as North S3°38" East, 7.30 chains}; Thence Forth 35°30' 12" East, 258.83 feet (af retard as North 45° 13' East, 3.80 chains}, Thence North 89°43' 38" Fast, 39.70 feet (of retard as East 0.651inks} to the Northeast corner of said Govemmetii Lot 5, camman to the Northwest canter of Fothergill Paints Subdivision Na. 3, as same is recorded in Soak 73 of Plats at Page 7555, Ada County retards, 7'hente along the West boundary of said subdi~=ision and a westerly boundary of h'athergill Subdivision Na. 1, as same is recorded in Back 65 of Plats at Page 6639, Ada Cautity records, Saudi 00°19'53" West, 701.74 feet (record 10.64 chains); Thent~ Nartli 66°57'4S" West, 36.80 feet (retard North 6Ei°47' 10" West, 37.03 fast} to the most northerly tamer of Lat 4, Block 5 of said Fathergill Subdivision Na. 1; Professiono/ Land Surveyors Exhibit C - 1 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 Thence departing said subdivision boundary North 67° 19'04" West, 181.65 feet (record of pre~~i.aus tiuo calls North 66°57' West, 3.25 chains); Thence l~lotKh 88°13'47" West, 15.89 feet; Thence North I.°47'24" East, 90:07 feet; Thence Notch $>l°l2'36" West, 45.00 feet; Thence South 1 °47'?4" West, 90.08 feet; Thence Not~ih $8°13'47" West, 629.09 feet to the Point of Beginning. Containing 5.03 Acres, more or less. Prepared By. Idatho Survey Group, P.C. Ftl Ate D. Terry Peugh, PLS ~~ ~~~i~e Exhibit C - 2 - CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 a~ J. ~~ ~~ 5.36 5...~? S.1 S 6 ~ ~ . ~ ~ t ~ ~~~r ~ W. ~ ~~ ~ ~ _...._ . Q~ ~ ~ ~ Z a . a i ~~ tN r,>`~ ,SI `S.6 z~ =~o goo ~~~~~~~~ a ~4 2Ct~ SCALE: 1" = 200' N 89`43'38" E ~~~ _ _ ~ E.~USl1CK RD. ~,.~4~"' JI ~~ P44 ; ,!1 ~~ J, ~ c~~• ~~ / dlf fi ~ r~,._.~ '~ ti ~ %°~ ~i88'i 3'47"W ~~'~ ~;'''~ ~ $eaN Nc. ~ R- REAL„ PC3lNT N6? 1~~' ~.., QF BEGIIUNIMG rc9~ 04' •6~a 589'42'44"E 51.38" \ N89°42'44"E 25.OQ' ~^° ~E"~et ~Y~L ~~ ~_ , IDAHi~ __.._ _~., .. - 1A5tr E, Y(APEi75'YtJEfl 3T :~ /~~U9RVEpY ~*.aie~aa _ L I PJE "i~.EJLE 1 (^ t( 11 (~_~~s,n ~{~+ 1 t L1 _ 15.~s9 ' fy X8'1 ~'4T'~_Yc+ C.3 35.t~~ _ t~ 38'Y~'36 ?N _ WlNDHAM P!_ACE SUBDi~lIS!(}N L~RT~p tw G4V"P. her 5 ('~' S£CTf~i $, T,$i„ p,9C., 8.M„ A1EtEt;HAw, ADA ti6Unt1Y, t©A+iO J ~r '4tJ ~i ~:$~~ ~ ~.-t~~ tI8 28.08 Exhibit C _ 3 _ CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF JANUARY 6, 2009 D. Required Findings from Unified Development Code 1. Rezone 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 amendment to the Comprehensive Plan, 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 rezone 5.03 acres to an R-15 zoning district. The Council finds that the proposed zoning map amendment will comply with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that future development of this property should comply with the established regulations and purpose statements of the requested zoning district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. 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 to, school districts; and, The Council fmds 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 rezone is in the best interest of the City. The Council finds that the rezone of the subject property from R-8 to R-15 is in the best interest of the City, if the applicant enters into a Development Agreement (DA) with the City, as mentioned in Section 10 of the Staff Report. Exhibit D - 1 -