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HomeMy WebLinkAboutBlooming Meadows PP 03-012June 16, 2003 PP 03-012 MERIDIAN PLANNING & ZONING MEETING June 19, 2003 APPLICANT The Cuttine Edge, LLC ITEM NO. S_C REQUEST Findings — Request for Preliminary Plat approval of 62 building lots and 8 other lots on 11.3 acres in proposed R-8 and R-15 zones for proposed Blooming Meadows Estates Subdivision — 4379 North Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See attached Findings CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: I�G4 ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: (� NAMPA MERIDIAN IRRIGATION: �V SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Date: ( I -I I Q'Di-) Phone: presented at public meetings shall become property of the City of Meridian. WHITE PETERSON June 12, 2003 REC;ETV, ED William G. Berg, Jr., City Clerk JUN 12 2003 MERIDIAN CITY HALL Cit O 33 East Idaho City Clerk eridiau Office Meridian, Idaho 83642 Re: THE CUTTING EDGE, LC / PRELIMINARY PLAT / PP -03-012 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF PRELIMINARY PLAT prepared as per instructions from the Planning and Zoning Commission meeting of June 5, 2003, and which are on an upcornill,t Planning and Zoning consent agenda. If you have any questions arise, please advise. Very truly yours, Nick Wollen Z:\Work\MNerldum\Merldian 15360WEllooming Meadows Sub AZ 03 011 PP 03 012 CUP 03 022\Clerk Denial PP Findings 06 12 03.doc WHITE, PETERSON, MORROW, GIGRAY, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS PHILIPA. PETERSON JULIE KLEIN FISCHER ERICAS. PHILLIPS 7 ATTORNEYS' AT LAW NAMPA 0FHCF WM. F. GIcRAr, IH T. GUYHALLAM" ERICS. ROMMAN 5100 E. FRANKLIN Ru. JILLHOLINKA. TODDA. RossM1UN TERRENCER. WHITE** SUITE 'CIO SUITE D. SAM UELJOHNSON NICHOLAS L. WOLLEN IDA]M1N1-Nyn] IA WILLMA. MORROW TGL. I -AHO L -.i"' -' WILLIAMF. NICHOLS* F\S 0"µen-�au5 CHRISrOPHERS. NYE *Also admitted in OR ** Also admitted in WA June 12, 2003 REC;ETV, ED William G. Berg, Jr., City Clerk JUN 12 2003 MERIDIAN CITY HALL Cit O 33 East Idaho City Clerk eridiau Office Meridian, Idaho 83642 Re: THE CUTTING EDGE, LC / PRELIMINARY PLAT / PP -03-012 Dear Will: Please find enclosed the original of the FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF PRELIMINARY PLAT prepared as per instructions from the Planning and Zoning Commission meeting of June 5, 2003, and which are on an upcornill,t Planning and Zoning consent agenda. If you have any questions arise, please advise. Very truly yours, Nick Wollen Z:\Work\MNerldum\Merldian 15360WEllooming Meadows Sub AZ 03 011 PP 03 012 CUP 03 022\Clerk Denial PP Findings 06 12 03.doc BEFORE THE MERIDIAN CITY PLANNING AND ZONING COMMISSION IN THE MATTER OF THE ) REQUEST FOR A PRELIMINARY PLAT ) APPROVAL OF 62 BUILDING LOTS AND 8 ) OTHER LOTS ON 11.3 ACRES IN PROPOSED) BLOOMING MEADOWS ESTATES ) SUBDIVISION, LOCATED AT 4379 NORTH ) LOCUST GROVE ROAD, MERIDIAN, IDAHO) THE CUTTING EDGE, LC, ) APPLICANT. ) Case No. PP -03-012 FINDINGS OF FACT AND CONCLUSIONS OF LAW AND ORDER OF DENIAL OF PRELIMINARY PLAT The above entitled preliminary plat application having come before the Meridian Planning & Zoning Commission on June 5, 2003, at the .Meridian City Hall. 33 Ea,i Idaho Street, Meridian, Idaho, at the hour of 7:00 o'clock p.m., and the Commission having received the report of Steve Siddoway Planner II for the Meridian City Planning & Zoning Department, and Bruce Freckleton, Engineering Technician III, and Anna Powell Planning Director for the Planning and Zoning Department, Steve Siddoway, Lloyd Pack, Norm Failing, Steve Sherer, Chris Rambo, John Montony, and Lonnie Johnson, appeared and testified, and the Commission having duly considered the matter makes the following findings of Fact and Conclusions of Law and Decision of Order. FINDINGS OF FACT 1. The Commission takes judicial notice of the Meridian City Zoning, Subdivision and Development Ordinances, codified at 11 Municipal Code of the City of Meridian and all current zoning maps thereofand the amended ('nm��rchrn>i�i, V'!.111 ,! Ali ( -. Meridian adopted August 6, 2002, Resolution No. 02-382. DENIAL OF PRELIMINARY PLAT FOR BLOOMING MEADOWS SUBDIVISION / PP -03-012 PAGE 1 OF 5 2. Staff has complied with the requirements of I.C. §§ 67-6509, 67-6512, and §§ 1I- 2, 11-3 and 11-9-4 of the Meridian City Code. 3. The Planning and Zoning Commission takes judicial notice of its zoning, subdivisions and development ordinances codified at Title 11, Municipal Code of the City of Meridian, and all current zoning maps thereof, and the amended Comprehensicc Plan of the City of Meridian adopted August 6, 2002, Resolution No. 02-383, and maps and the ordinance Establishing the Impact Area Boundary. 4. The applicant is The Cutting Edge, LC whose address is 770 W'. McMillan Road, Meridian, Idaho 83642. 5. The owners of record are Carl and Bonnie Reiterman whose address is 770 W. McMillan Road, Meridian, Idaho 83642. 6. The proposed subject property is located at 4379 North Locust Grove Road, on the west side of Locust Grove Road, approximately'/4 mile south of McMillan Road, and is within a RUT (Ada County) zone. However, the applicant has submitted an application, AZ -03-011, to rezone the property to R-8 and R-15. The property is surrounded by the following properties: North: Havasu Creek Subdivision, zoned R-4 and Rural Residence, zoned RUT (Ada County) South: Rural Residence, zoned RUT (Ada County) East: Heritage Subdivision, zoned RUT (Ada County) West: Havasu Creek Subdivision, zoned R-4 7. The applicant is requesting approval of 62 building lots and 8 other lots on 11.3 acres located on the west side of Locust Grove Road, just south and east of Havasu Creek Subdivision. The proposed 62 building lots include 30 townhouse lots in a proposed R- 15 zone and 32 single-family lots in a proposed R-8 zone. DENIAL OF PRELIMINARY PLAT FOR BLOOMING MEADOWS SUBDIVISION / PP -03-012 PAGE 2 OF 5 8. The net density of the project is 6.38 d.u./acre in the proposed R /one and o I I d.u./acre in the proposed R-15 zone. These proposed densities are in Manion) �v ith bo[h the zoning districts and the Comprehensive Plan. 9. With the testimony presented at the hearing, there is cause for concern pertaining to access onto Locust Grove Road with the present traffic flow, and when the future build out of both Havasu Creek and Heritage Commons Subdivisions is completed, traffic will greatly impact the surrounding area as far as access onto Locust Grove Road, 10. With the number of concerns from the surrounding and adjacent neighbors on this project, a neighborhood meeting needs to be set up to provide answers to the neighbors questions on this project. 11. The applicant will need to get the owners cooperation to annex, and also submit proof that the lot split is legal. 12. The Planning and Zoning Commission recognize the concerns of Steve Sherer expressed in his letter dated June 5, 2003. CONCLUSIONS OF LAW 1. That §§12-3-3 J 3. and 12-3-3 3.of the Meridian City Code establishes the factors involved in a determination of the Commission as to whether to grant or deny an accessory use permit. 2. That the provisions of §§12-3-3 J 3. and 12-3-3 3. of the Meridian City Code apply to the present application. 3. That some of the factors to be considered by the Commission in its determination of a Preliminary Plat application is the conformance of the subdivision, the availability of DENIAL OF PRELIMINARY PLAT FOR BLOOMING MEADOWS SUBDIVISION / PP -03-012 PAGE 3 OF 5 public services, continuity of the proposed development, public financial capability, and the health, safety or environmental problems from the proposed project. 5. That the Applicant has not provided sufficient proof to show safe access onto Locust Grove Road, nor has the applicant met the concerns of the surrounding and adjacent neighbors in the affected area. 6. That the neighboring property owners hav e prov idcd sulficieni u. itl� nc ha l r the Commission to show the probability if the preliminary plat application, it -allowed, would have an adverse impact to properties in the affected area. ORDER OF DENIAL OF APPLICATION NOW, THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT AND CONCLUSIONS OF LAW, AND GOOD CAUSE APPEARING, the above named Applicant is denied the Preliminary Plat for reasons stated above. The Planning & Zoning Commission of the City of Meridian hereby adopts and approves this Decision and Order of Denial. By action of the Planning and Zoning Commission at its regular meeting held on the day of June, 2003. ROLL CALL: COMMISSIONER DAVID ZAREMBA VOTED COMMISSIONER LESLIE MATHES VOTED COMMISSIONER JERRY CENTERS VOTED COMMISSIONER MICHAEL ROHM VOTED DENIAL OF PRELIMINARY PLAT FOR BLOOMING MEADOWS SUBDIVISION / PP -03-012 PAGE 4 OF 5 CHAIRMAN KEITH BORUP (TIE BREAKER) VOTED DATED: MOTION: APPROVED: DISAPPROVED: Copy served upon Applicant, the Planning and Zoning Department, Public Works Department, and the City Attorney office. By: City Clerk Dated: Z:1Work\M\Meddian\Meridian 15360M\Blooming Meadows Sub AZ 03 011 PP 03 012 CUP 03 022\PP Denial Pindinos.(Im DENIAL OF PRELIMINARY PLAT FOR BLOOMING MEADOWS SUBDIVISION / PP -03-012 PAGE 5 OF 5 June 2, 2003 MERIDIAN PLANNING & ZONING MEETING June 5, 2003 PP 03-012 APPLICANT The Cutting Edge, LC ITEM NO. 15 REQUEST Public Hearing — Request for Preliminary Plat approval of 62 building lots and 8 other lots on 11.3 acres in proposed R-8 and R-1 S zones for proposed Blooming Meadows Estates Subdivision — 4379 North Locust Grove 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: COMMENTS (Sjj� 041j, I,d, Cowlwwrttr See attached Comments See attached Comments OTHER: Contacted: Date: Phone: Materials presented of public meefings shall become property of the City of Meridian. MEMO pCET"IED CITY OF MERIDIAN JUN - 6 2003 PUBLIC HEARING CITY OFMERIDIAN SIGN-UP SHEET DATE June 5, 2003 ITEM # 15 PROJECT NUMBER PP 03-012 PROJECT NAME Blooming Meadows Subdivision NAME (PLEASE PRINT) 91 _�- a e.L..i _ W-10001" MIA EW �11 MIA ��- ��. �. moi_ _. HUB OF TREASURE VALLEY MAYOR A Good Place to Live LEGAL DEPARTMENT Robert D. Corrie CITY OF MERIDIAN (208) 466-9272 • Fax 4664405 CITY COUNCIL MEMBERS PUBLIC WORKS 33 EAST IDAHO BUILDING DEPARTMENT Tammy deWwrd (208) 898-5500 - Fax 887-1297 Keith Bird MERIDIAN, IDAHO 83642 Cherie McCandless (208) 888-0433 - FAX (208) 887-0813 PLANNING AND ZONING City Clerk Office Fax (208) 888-4218 DEPARTMENT William L.M. Nary (208) 884-5533 • FAX 888-6854 STAFF REPORT: Transmittal Date: May 29, 2003 P&Z Hearing Date: June 5, 2003 ]� To: Mayor, City Council and Planning & Zoning Commission RECEIVED L' D From: Steve Siddoway, Planner 11 JUN 0 2 2003 Bruce Freckleton, Senior Engineering Tech City Of Meridian Re: Blooming Meadows Estates City Clerk Office • Annexation and Zoning of 11.5 Acres from RUT (Ada County) to R-8 (Medium Density Residential District) and R-15 (Medium High Density Residential District), by The Cutting Edge, LC. (File No. AZ -03-011). • Preliminary Plat Approval of Sixty -Two (62) Building Lots and Eight (8) Other Lots on 11.3 Acres in Proposed R-8 and R-15 Zones, by The Cutting Edge, LC. (File No. PP -03-012). • Conditional Use Permit Approval for a Planned Development of Townhouses. and Single -Family Homes, on 11.3 acres in proposed R-8 and R-15 Zones, by The Cutting Edge, LC. (File No. CUP -03-022). 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, The Cutting Edge, LC., has applied for Annexation and Zoning (AZ), Preliminary Plat (PP) and Conditional Use Permit/Planned Development (CUP/PD) approval of sixty-two (62) building lots and eight (8) other lots on 11.3 acres located on the west side of Locust Grove Road, just south and east of Havasu Creek Subdivision. The proposed 62 building lots include 30 townhouse lots in a proposed R-15 zone and 32 single-family lots in a proposed R-8 zone. The net density of the project is 6.38 d.u./acre in the proposed R-8 zone and 9.11 d.u./acre in the propsed R-15 zone. These proposed densities are in harmony with both the zoning districts and the Comprehensive Plan. The CUP/PD application requests reduced lot frontages, reduced lot sizes, reduced minimum house square footages, and reduced setbacks. These proposed modifications are detailed below. This is a single phase development. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 2 The eight "other" lots within the subdivision include six common landscape lots and two open space/drainage/park lots. The proposed PD amenities include a gazebo/picnic area in the townhouse area and a sand volleyball court in the single-family area. These amenities are not depicted on the submitted landscape/site plans, but are described in the applicant's letter accompanying the CUP/PD application. The applicant has asked for the following modification and/or reductions as part of the proposed Planned Development: R -S (Single Family) Area: Lot Size- City Requirements 6,500 sq.ft. (Minimum) Lot Frontage -City Requirements 65'minimum Cul-de-sac- City Requirements Frontage 40' chord minimum House Size- City Requirements 1,301 sq. ft. minimum R-15 (Townhouse) Area: Setbacks- Citv Requirements Front: 20' provided of townhouse lots) Side: 5'/story common lots) (Minimum) Lot Size- Citv Requirements 2,400 sq. ft. (Minimum) Lot Frontage -City Requirements 50'minimum House Size- City Requirements Proposed Lot Sizes 5,116 sq. ft. (Minimum) Proposed Frontage 51' minimum Proposed Frontage 18.63' chord minimum (with shared driveways) Proposed Size 1,200 sq. ft. minimum Proposed Setbacks Front: 0' (driveways and landscaping are on a common lot in front Side: 0' (connected townhouses and (Minimum) Proposed Lot Sizes 1,950 sq. ft. (driveways & landscaping in separate common lot) (Minimum) Proposed Frontage 30' minimum Proposed Size AZ03-011, PP43-012, CUP -03-022 BWornigMs ws.A.PP.CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 3 1,301 sq. ft. minimum 850 sq. ft. minimum The legal descriptions submitted with the application appear to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. The subject property is within the Urban Service Planning Area and essential City services are or can be made available to the subject property. LOCATION The property is located on the west side of Locust Grove Road, approximately '/< mile south of McMillan Road. It is southeast of the recently approved Havasu Creek Subdivision. SURROUNDING PROPERTIES North: Havasu Creek Subdivision, zoned R-4 and Rural Residence, zoned RUT (Ada County) South: Rural Residence, zoned RUT (Ada County). East: Heritage Subdivision, zoned RUT (Ada County). West: Havasu Creek Subdivision, zoned R-4 OWNER OF RECORD The property owners of record are Carl and Bonnie Reiterman and they have provided notarized consent for submission of these applications. ANNEXATION & ZONING ANALYSIS According to Ordinance I1-15-11, 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 for a Comprehensive Plan amendment; Staff finds that the requested zoning designations, R-8 and R-15, are harmonious with and in accordance with the effective Comprehensive Plan (`02) and Future Land Use Map. The proposed R-8 area is shown as Medium Density Residential (3 to 8 d.u./acre) and the proposed R-15 area is proportionate to the area shown as a Neighborhood Center, with a Mixed -Use Neighborhood designation (at least 8 d.u.acre). The proposed densities for both areas match the required densities for the corresponding land use designation. A -03-011. PP -03-012, CUP -03-022 Blooming Mradoa .PMUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 4 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. 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 and townhouse subdivision would be allowed within the requested R-8 and R-15 zones, (if the accompanying Conditional Use Permit for a Planned Development is also approved). 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 south will be developed in a manner similar to the proposed subdivision, as it also has a high density Neighborhood Center designation on it. Additionally, the annexation and plat approval of Havasu Creek Subdivision immediately to the north and west signifies a change in the area that would support the p roposed use. The approved single-family homes in Havasu Creek are adjacent to the proposed single-family homes in Blooming Meadows. The proposed townhouse area is closer to Locust Grove Road. ACHD has reviewed the adjacent street capacity and has approved the proposed subdivision (with conditions). 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 use (single family residential and townhouses) will change the existing character of the area, which is currently rural residential. However, the change is harmonious with the intended character envisioned by the Comprehensive Plan, as described above. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; AZ -03-01 I, PP43-012, QIP43-023 Blooming Medaw,. PP CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 5 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; Staff finds that the property to be annexed may be served adequately by all essential public facilities and services. Applicant shall be required to extend water and sanitary sewer mains to and through the proposed development, thereby making them available to the adjacent properties. Please review Parks, Police, Fire Department, and ACHD comments concerning this subdivision for further information regarding public services. 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. L 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 was not granted a separate vehicular access off of Locust Grove Road and will be taking access through the approved access in Havasu Creek Subdivision. As such, the project will not create interference at a new accesspoint onto Locust Grove.. The project will create additional },traffic C*dI1MPgTrRIlah W. gryM fnf RNII FTSRk H0RUP7 C}A�9�/PRR} IlP11PVP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 6 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. (Ord. 592,11-17-1992)? Staff finds that the annexation of this property would be in the best interest of the City. ANEXATION AND ZONING COMMENTS 1. 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. 2. A Development Agreement shall be entered into between the City of Meridian and the Applicant as part of the Annexation application. The Development Agreement shall outline any special conditions placed upon the Preliminary Plat and Conditional Use applications. 3. The legal descriptions for annexation and zoning describe the subject property, and comply with the requirements of the State Tax Commission and City of Meridian. PRELIMINARY PLAT FINDINGS AND REQUIREMENTS 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 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. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 7 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 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. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that may be brought to the Council or Commission's attention. SITE SPECIFIC COMMENTS / PRELIMINARY PLAT All conditions of the accompanying Annexation and Conditional Use Permit applications shall also be considered conditions of the Preliminary Plat. 2. Sanitary sewer service to this site shall be via main line extensions from the existing mains adjacent to the property. Domestic water service to this site shall be via main line extensions from the existing mains adjacent to the property. 4. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. 5. The applicant has indicated that the pressurized irrigation system within this development is to be part of the regional system in Havasu Creek, owned and operated by the Settler's Irrigation District. 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 shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 8 6. A detailed fencing plan shall be submitted upon application of the final plat. A 6 -foot solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. Applicant shall address intended fencing design at the public hearings. 7. Applicant shall provide a street buffer width of 25 feet minimum along Locust Grove Road, beyond future right-of-way, as depicted on the preliminary plat. 8. In accordance with MCC 12-13-10-8, Applicant shall provide 5 -foot detached sidewalks adjacent to Locust Grove Road Road. Applicant shall also provide 4 -foot detached sidewalks internally, as depicted on the preliminary plat. 9. A Fencing Plan is required to be submitted with the preliminary plat for review and approval The applicant shall submit 15 copies of a proposed fencing plan at least 10 days prior to the next public hearing. I0. The Landscape Plan dated 4-15-03 is approved as submitted, with the following modification: The proposed pine trees in the center parking island in Carls Way shall be changed to an approved deciduous species. 11. Add or revise the following preliminary plat notes: (1.) Lots 34 and 35, Block 1, and Lot 1, Block 2 4 are landscape... • Add a note to face of the plat regarding the "Right to Farm Act" 12. Fifteen (15) 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 application. GENERAL COMMENTS-PRELRM NARY PLAT 1. Please submit 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. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 3. 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. 4. Any pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping". 5. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat application. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 9 6. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-13- 10-8. 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. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owner's), 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. 9. Please submit all updated groundwater/soils reports to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. 10. 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. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. 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. 13. 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. 14. Please submit updated groundwater/soils monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100 -year storm events, and for a period of time not to exceed 24 hours. 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 Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 10 to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above groundwater. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking landscaping and other features as may be required by this ordinance; Staff finds that the subject property is large enough to accommodate the requested use and all other required features as noted above if the requested reductions are approved by the Commission and Council. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as "Medium Density Residential' and "Neighborhood Center/Mixed-Use-Neighborhood". Staff finds that the proposed residential uses and densities are harmonious with and in accordance with the Comprehensive Plan. The project is being proposed as a conditional use for a planned development in order to allow reduced lot sizes, reduced street frontages, reduced house size, and reduced setbacks. If the project is approved as a Planned Development, it will meet the minimum requirements of the MCC. C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed use (single family residential and townhouses) will change the existing character of the area, which is currently rural residential. However, the change is harmonious with the intended character envisioned by the Comprehensive Plan. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on other properties within the vicinity; however, the Commission and Council should consider any testimony (written and oral) presented at the public hearings before making this finding. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 11 E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development will be adequately served by the essential public facilities and services listed above. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public that would be considered excessive. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that there will be an increase in traffic and noise in the general vicinity if the subdivision is approved, but that approval of the subdivision will not lead to a major increase in smoke, fumes, glare, odors or other disturbances that will be considered detrimental to the welfare of the City and the subdivision's neighbors. H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with traffic on the surrounding public streets. Please review the ACHD report for this project for additional information regarding this finding. L That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. Existing trees greater than 4" caliper must be retained or mitigated for, if removed. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 12 SPECIAL CONSIDERATIONS 1. Reduced Standards: The Applicant is requesting reduced lot frontages, reduced lot sizes, reduced minimum house square footages, and reduced setbacks. The requested modifications are detailed on page 2 of this report and again on the face of the preliminary plat. Staff has no objections to the requested modifications. The zero side setbacks are acceptable for an attached townhouse project; end units are adjacent to landscaped common lots, not the perimeter of the subdivision. The zero front setbacks and reduced lot sizes are acceptable for the townhouses given that the driveways and front landscape areas are proposed to be in a common lot. Setbacks and minimum lot sizes would be met outright if these areas were made part of the individual lot, but staff supports the proposed configuration, as it will provide for uniform maintenance of the project. See Site Specific Condition #2. 2. Sample Layout: Staff does have concerns about the buildability of some of the lots and requests that the applicant bring to the hearing a sample layout for lots 5&6, Block 4 and Lot 12, Block 2. On the sample layouts, please show the proposed setbacks, etc. and how a house can fit on the lots. 3. Townhouse Fences: In order to maintain some openness to the project and to allow for pedestrian access to the open space, staff recommends adding a condition that no fences, except for the perimeter fencing for the project as a whole, will be allowed in the townhouse development. See Site Specific Condition #3. 4. Trees along South: The south property line is contiguous with an existing Waal residential lot and pasture. As such, Ordinance 12-13-12 requires a 20 -foot wide buffer between land uses adjacent to the townhouse area. This same area is covered by an existing 20 -foot gravity irrigation easement for Settler's Irrigation District. The easement will preclude any of the required buffer trees from being planted. Ordinance 12-13-18 allows for an applicant to request alternative compliance if "other regulatory agencies or departments having jurisdiction are requiring design standards that conflict with the requirements of this Ordinance." In the applicants' letter, they propose as alternative compliance "to provide the landscaping trees in moveable pots, since Settlers Irrigation District does not allow landscaping over 2' tall within the easement." They also point out that the area directly south of the townhouse project is currently pasture (the rural residence sits further west, below the single-family area). Further, the area south of the townhouse development is shown as Neighborhood Center/Mixed Use in the Comprehensive Plan and will likely develop at a similar high density in the future. The submitted landscape plan shows 24 trees in the buffer area that would have to be potted. The applicant should verify at the public hearing if they truly intend to pot all 24 trees. The Commission could approve a reduced number of potted trees in the buffer if they deem it appropriate. No Site Specific condition has been added on this issue to allow for discussion to happen first. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 13 5. Open Space/Lot removal: Staff suggests removing Lot 4, Block 1 and making the area part of Lot 2 (open space). The proposed open space is currently hidden behind the easternmost row of townhouses. Eliminating the one lot would provide better visual access into the open space from the access drive and improve pedestrian access to the open space amenity. See Site Specific Condition #4. 6. Settler's Easement: The Settler's Irrigation District easement runs along the south property line, in the rear yards of Block 2 in the single-family residential area. This will require one irrigation box to be located in the rear yard of Lot 10. Often, the City requires such easements to be located in a common lot. Havasu Creek, adjacent to the proposed subdivision was approved with the ditch line in rear yards without a common lot. Staff raises the issue for discussion with the Commission, but has no objections to the proposed layout. Applicant must obtain an encroachment agreement with Settler's Irrigation District in order to develop the lots as proposed. Otherwise, the layout will have to be modified to include a common lot for any area the irrigation district will not allow encroachment. The applicant should address any discussions they have had with the irrigation district regarding the encroachment issue. See Site Specific Condition #5. 7. Pedestrian Access: Since the subdivision has no direct access to Locust Grove, staff recommends that a 5 -foot asphalt pedestrian pathway be constructed through Lot 2 to the sidewalk along Locust Grove. See Site Specific Condition #6. 8. Open Space: The landscape ordinance requires at least 5% common open space in single-family projects and 10% in multi -family projects. The proposed layout meets this requirement by providing 5.5% open space in the single family area and 11% in the townhouse area. This calculation is exclusive of required buffers. The project as a whole averages over 7% open space. 9. Amenities: The proposed amenities for the planned development are not depicted on the site plans, but are mentioned the applicant's letter. The first amenity is proposed to be a gazebo and picnic tables in the townhouse open space (Lot 2, Block 1). The second amenity is proposed to be a sand volleyball court in the bottom of the detention pond on Lot 13, Block 4 in the single-family area. The Commission and Council should review these proposed amenities and determine if they are "appropriate to the size and uses of the proposed development" per Ordinance 12-6-2.3. The layout of the amenities should be shown on a site/landscape plan. See Site Specific Condition #7. 10. Private Street/Sidewalks: The townhouse development is accessed by a 25 -foot wide access drive on a common lot in the subdivision. The Planned Development ordinance provides standards for private roads (42' right-of-way with a 29 -foot street section and 5 - foot sidewalks on both sides). However these standards are more applicable to a single- family residential subdivision. If the same townhouse project were done as a commercial project on a single large lot, they would be allowed to do the 25 -foot drive aisles, as proposed. The Fire Dept. comments approve of the 25 -foot drive aisles as long as they are signed "no parking" and they meet turning radii. Therefore, staff recommends allowing the proposed 25 -foot drive aisles and adding sidewalks in front of all the Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 14 townhouses and along the sides of the center block of townhouses. This can be accommodated without a major modification of the layout, as the proposed site plan already provides 25 feet between the drive aisle and the structures. Therefore, a 5 -foot attached sidewalk and rolled curb can be provided adjacent to the drive aisle and still allow for 20 -foot deep driveway in front of the garages. The submitted plat already depicts detached sidewalks from N. Heritage Woods Ave. into the townhouse area, which should remain as shown. See Site Specific Condition #8. SITE SPECIFIC COMMENTS (Conditional Use Permit) Applicant shall meet all of the requirements of the annexation and preliminary plat as a condition of the Conditional Use Permit. 2. The project shall conform to the modified minimum standards, as proposed by the applicant, as detailed on page 2 of this report and on the face of the preliminary plat. No fences, except for the perimeter fencing around the project as a whole, will be allowed within the townhouse development. 4. Eliminate the proposed Lot 4, Block 1 and make the area part of Lot 2 (open space). 5. Submit a copy of a signed encroachment agreement with Settler's Irrigation District with the final plat application. 6. Applicant shall construct a 5 -foot asphalt pedestrian pathway through Lot 2, Block 1 to the sidewalk along Locust Grove. 7. Applicant shall construct a 5 -foot asphalt pedestrian pathway from the townhouses through Lot 2 to the sidewalk along Locust Grove. 8. Applicant shall provide 5 -foot attached sidewalks and rolled curb in front of all townhouses and along the sides of the center block of townhouses. Driveways in front of the townhouses shall remain at least 20 feet deep. 9. Applicant shall submit a Certificate of Zoning Compliance application for the proposed townhouse project and both amenities prior to applying for building permits. 10. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall submit 15 copies of a revised preliminary plat and landscape plan in conformance with the direction of the Planning & Zoning Commission at least 10 days prior to the next hearing on this application. Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: June 5, 2002 Page 15 Staff supports the higher density townhouse use in compliance with the Neighborhood Center designation along Locust Grove and the transition to larger lots adjacent to Havasu Creek Subdivision. We also support a mix of house product types in the CUP/PD. However, given the following outstanding issues, staff is recommending the P&Z Commission continue the public hearing so a revised site/landscape plan can be prepared and reviewed prior to the City Council hearings: 1. Potted trees in Settler's easement; 2. Removal of Lot 4, Block 1; 3. Pedestrian connection Locust Grove; 4. Amenities depicted on landscape plans; 5. Revise landscape plan; 6. Add sidewalks to the townhouse area; 7. Fencing plan. SETTLERS' IRRIGATION DISTRICT P.O. BOX 7571 a BOISE. IDAHO 63707 PHONE 344-2471 May 12, 2003 David Irish URS Corp. 1750 Front Street, Suite 100 Boise, ID 83702 RECEIVED MAY 15 2003 City Of Meridian City Clerk Office Re: PP 03-012 Preliminary Plat for Blooming Meadows Estates Subdivision - — - Dear David:---- - - After review of the preliminary plat of the above-mentioned application Settlers Irrigation District requests the following: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function. 2. A license agreement will need to be signed and recorded prior to construction of any S.I.D. facilities. 3. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 4. All storm drainage must be retained on-site 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre -construction meeting. 6. According to the application, you are proposing to join the regional pressure irrigation system with Havasu Creek Subdivision. SID has no objections to this proposal as long as both SID and the developer of Havasu Creek Subdivision approve the system design. If you have any questions please call 343-5271. Sincerely, V 1v —_ Nathan Draper, Manager Settlers Irrigation District SETTLERS' IRRIGATION DISTRICT COPY P,O. BOX 7571 • BOISE, IDAHO 83707 PHONE 344-2471 May 12, 2003 RECEIVED MAY 14 2003 David Irish URS Corp, 1750 Front Street, Suite 100 Boise, ID 83702 City of Meridian City Clerk Office Re: PP 03-012 Preliminary Plat for Blooming Meadows Estates Subdivision Dear David: — - — - - -- -- — ---- -- — - - ---- --= __ - - — After review of the preliminary plat of the above-mentioned application Settlers Irrigation District requests the following: 1. That all irrigation/drainage facilities along with their easements be protected and continue to function. 2. A license agreement will need to be signed and recorded prior to construction of any S.I.D. facilities. 3. Any changes to the existing irrigation system such as relocation, tiling, and landscaping must be approved by Settlers Irrigation District. 4. All storm drainage must be retained on-site 5. The development must supply irrigation access to all lots within the above- mentioned subdivision. If the developer wishes to have Settlers Irrigation District own, operate, and maintain the pressure irrigation system an agreement needs to be in place prior to the pre -construction meeting. 6. According to the application, you are proposing to join the regional pressure irrigation system with Havasu Creek Subdivision. SID has no objections to this proposal as long -as both SID and the developer of Havasu_ Creek Subdivision approve the system design. If you have any questions please call 343-5271. Sincerely, Nathan Draper, Manager Settlers Irrigation District PreporIng Todoy's Sh,dent. for IJ TI�.90 Joint School District No. 2 S� Mecd`Oc• 911 Meridian Road • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 888-6700 SUPERINTENDENT Christine H. Donnell April 24, 2003 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Planners: RECEIVED APR 2 5 2003 City of Meridian City Clerk Office The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of Blooming Meadows Estates Subdivision will have a significant impact on school enrollments at River Valley Elementary Lowell Scott Middle and Eagle High School. We can predict that these homes, when completed, will house sixteen (16) elementary aged children, thirteen (13) middle school aged children, and twelve (12) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 888-6701. Sincerely, Wendel Bigh Supervisor of Facilities and Construction Stephen T. Sharer David E. Wynkoop Attorneys at Law Meridian City Council 33 E. Idaho Meridian, ID 83642 Dear Council Members: Law Offices P r` / L' pyo ov'N' SHERER & WYNKOOP, LLP � �o 730 N. Main Street ' I / P.O. Box 31 /Z-/ /� Meridian, Idaho 83680-2604 �-5��� June 5, 2003 Re: MPP03-0121MAZ03-0111MCUP03-022 Blooming Meadows Subdivision RECEIVED JILA 0 5 2003 CITY OF MERIDIAN CITY CI_FRK nFFIrF My name is Steve Sherer and I reside at 2090 Star Lane, Meridian, Idaho 83642. I am writing to contest approval of the application by Applicant, The Cutting Edge, LC for preliminary plat, conditional use, annexation and rezone approval for the Blooming Meadows Subdivision. My objections are based on the following: I. Traffic Issues While this matter was approved by the Ada County Highway District, the ACHD did recognize some issues that will be created with the additional traffic. The facts are as follows: 1. At full build -out, Locust Grove Road between McMillan and Ustick is scheduled to be a 3 -lane road. All other roads north of Ustick in the North Meridian Traffic Plan survey will be 5 -lane road sections at full build -out, including but not limited to Meridian Road, Linder Road, Ten Mile Road, and Black Cat Road. Eagle Road is already a 5 -lane wide road. Locust Grove will not be 5 -lanes wide, and is therefore least able to bear the additional traffic that such a dense proposal would entail. 2. Traffic Survey– The most recent traffic count on Locust Grove showed 4,719 cars south of McMillan Road on June 28, 2001. This count was completed two years ago, prior to the completion of new subdivisions on Locust Grove north of McMillan, and does not consider two other very large subdivisions already approved on North Locust Grove between Ustick and McMillan—the 285 lot Heritage Subdivision, ✓ Meridian City Council -2- June 5, 2003 and the 327 lot Havasu Creek Subdivision, which were approved on April 17, 2002, and November 6, 2002, respectively. While I have not done any traffic counts, I can tell you that the past two years the traffic has increased considerably on Locust Grove Road between Ustick and McMillan. Two years ago stopping at the end of Star Lane was a formality to obey the law (there was little traffic to be concerned about). Now it often takes more than a minute to even pull onto Locust Grove Road. I can only guess what it will be like when Heritage Commons and Havasu Creek subdivisions, and their over 600 residences, are fully built -out. Additionally, on the east side of Locust Grove, the Planning and Zoning Commission approved on November 6, 2002, a Meridian School District Educational Campus. That campus already has two high school charter schools, the effects of which have not been fully felt since one school has just been recently completed and will be opened in the fall of 2003. With the addition of an elementary school, two senior high professional technical schools and a district administration building, the amount of traffic will probably double from that addition alone, since the school district's use will be efficient, and therefore intense. II. Incompatibility with Current Area All of the sites surrounding the proposed Blooming Meadows Subdivision are Zoned R-4 or higher. The R-8 and R-15 proposals by the applicant are out of line with the surrounding area. III. Equitable Considerations Other developers in the North Meridian Planning Area have included higher density, multi -family units. However, they have balanced their multi -family units in an integrated manner. For instance, the Keltic Heights Subdivision is 929 residential lots, with its 585 unit multi -family apartments. Lochsa Falls Subdivision includes 862 single-family dwellings with 171 multi -family dwellings in its development. Additionally, these subdivisions are not on Locust Grove, but tie into the 5 -lane arterials previously identified. Blooming Meadows' proposal seeks simply to maximize profit on 11-1/2 acres of currently rural land. It offers nothing to the community, other than a dense, low- income subdivision, which will inordinately burden the residents of Heritage Commons, Havasu Creek, and other users of Locust Grove Road. Because the R-8 and R-15 designations are out of step with the surrounding areas, and because Locust Grove is not designed to handle the volume of traffic that subdivisions of this density would engender, the application should be denied. Finally, the portion of Locust Grove Road between Ustick and McMillan is not listed in the Capital Improvements Plan. This means that even though Locust Grove is slated to be a S- lane arterial, that improvement (from its current two-lane status) is not contemplated within the Meridian City Council _3_ June 5, 2003 next five years. Thus, after Havasu Creek and Heritage Commons Subdivisions are completed and after school district projects are completed, and, Locust Grove will remain a 2 -lane road. As noted in the Ada County Highway District findings: If staff examines each development individually, the roadway system appears adequate, but when staff begins to add in a second or third large-scale development, the traffic capacities of the surrounding roadways reach their 2020 planning thresholds. A.C.H.D. Report, p. 5. Clearly, the developments along Locust Grove must be evaluated together, not individually, to assess the traffic impact. Considering the current status of Locust Grove and its future as a 3 -lane minor arterial, development denser than R-4 should be placed onto major arterials which will be able to carry the traffic flow in a reasonable manner. While it is inevitable that the site will be developed, it should be developed as an R-4 or better site, compatible with those developments around it, and in light of the existing road and traffic conditions. Attached to this objection is a copy of the vicinity map submitted by the Meridian Planning and Zoning. Sincerely, SHERER & WYNKOOP, LLP Stephen T. Sherer STS/jhn Enclosure U1/24/2UU3 15:U7 h'AS 2086886854 f-Lxf MRIVIAN MZ Phk'l'. I�� I Y�t�l �uuu F -II gnomon mansign ■ailin wr7- miino MW v •W RFR = IC WRIAN VICINITY MAp �r Susan S. Eastlake, 1st Vice President Dave Bivens, 2nd Vice President David E. Wynkoop, Commissioner John S. Franden. Commissioner P$ z C rnm. Ada County Highw� j..kms May 29, 2003 TO: The Cutting Edge, LC C/O Carl & Bonnie Reiterman 770 W. McMillan Road Meridian, ID 83642 FROM: Craig Hood Senior Development Analyst Planning & Development SUBJECT: MPP03-012/MAZ03-0ll/MCUP03-022 Blooming Meadows Subdivision 4379 N. Locust Grove Road Garden City ID 83714-6499 Phone (208) 387-6100 FAX (208) 387-6391 E-mail: RECEIVED JUN - 2 2003 City Of Meridian City Clerk Office On May 28, 2003 the Ada County Highway District Board of Commissioners acted on your applications 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. Senior Development Analyst ACHD Planning & Development Cc: Plannin pm ent/chron/project file Cons ction Services Drainage Lloyd Pack, 1307 N. 39th Street, Ste. 101, Nampa, ID 83687 Ada County Highway District Planning Review Division This application requires Commission action because the applicant is requesting a waiver of the requirement to install sidewalk on one side of a local roadway. This item was approved on the consent agenda on May 28, 2003. Tech Review for this item was held with the applicant on May 9, 2003. Please refer to Attachment 4 for request for reconsideration guidelines. Staff contact: Craig Hood, 387-6174, choodCa achd.ada:id.us File Numbers: MPP03-012/MAZ03-011/MCUP03-022, Blooming Meadows Subdivision Site address: 4379 N. Locust Grove Road, Meridian Owner: Carl & Bonnie Reitman 770 W. McMillan Road Meridian, ID 83642 Applicant: The Cutting Edge, LC 770 W. McMillan Road Meridian, ID 83642 Representative: URS Corp. C/O David Irish 1750 Front Street, Ste. 100 Boise, ID 83702 Application Information The applicant is requesting preliminary plat, conditional use, annexation and rezone approval from the City of Meridian to subdivide 11.3 -acres of proposed R-8 and R-15 zoned property into 62 -buildable and 8 -common lots. The site is located on the west side of Locust Grove Road, approximately '% of a mile south of McMillan Road. Acreage: 11.3 Current Zoning: RUT Proposed Zoning: R-8 (6.79 -acres) and R-15 (4.53 -acres) Proposed buildable lots: 62 total (32 within the R-8 zone/30 within the R-15 zone) Proposed common lots: 8 Vicinity Map A. Findings of Fact 1. Trip Generation: This development is estimated to generate 496 additional vehicle trips per day (0 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permit(s) on the site. The fee will be based on the impact fee ordinance in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. The following is a summary of the findings from the North Meridian Traffic Study performed by Washington Group International: Executive Summary of the North Meridian Traffic Plan The proposed 12 -square mile study area between US 20/26 and Ustick Road and between McDermott Road and Eagle Road has been examined by the Ada County highway District (ACHD) for anticipated development build out. Based on development patterns in this area, and the concern surrounding the abutting roadways, ACHD hired Washington Group to conduct a traffic impact study of the northwestern Meridian area from Ustick Road to Chinden Boulevard, and from McDermott Road to Eagle Road. The study was necessary to determine what types of roadway improvements, especially at intersections, would be needed to accommodate the traffic in this area at full build out. The following are the principal findings and recommendations of the study: ♦ The study area is anticipated to develop an additional 17,599 dwelling units, 2,744,000 square feet of office buildings, 1,929,000 square feet of retail buildings, 12 elementary schools, 2 senior high schools, 2 junior high schools, 38,260 square feet of church buildings, and approximately 60 acres of park, at full build out. The build out scenario of the study area is projected to generate an average daily traffic (ADT) of 276,764 vehicles per day (vpd), of which the peak hour traffic (PHT) will be 28,206 vehicles per hour (vph). Out of these trips approximately 10% of the trips remain internal within each section, and 6% of the trips are pass -by trips. ♦ The distribution of the traffic from all of the study area sections indicate that approximately 30% of the traffic directed towards south, 27% of the traffic directed towards east, 21% of the traffic directed towards west and north. The remaining 22% of the traffic is distributed within the study area. ♦ At build out, traffic on the arterials is expected to significantly increase. ♦ All of the arterial intersections in the study area are currently operating at acceptable level of service of "C" or better. ♦ The majority of study intersections are projected to meet the peak hour traffic signal warrants at full build out of the area. • Several mid -mile intersections may warrant traffic signals due to the heavy left turn traffic volume. ♦ At full build out, the following improvements may be anticipated within the study area: 0 5 -lane road section with right tum lanes at some arterial and access intersections: Chinden Boulevard, McMillan Road east of Black Cat Road, Ustick Road east of Black Cat Road, Linder Road, Ten Mile Road, Meridian Road south of McMillan Road, and Locust Grove Road at Ustick Road. 0 3 -lane road section with right turn lanes at some arterial and access intersections: McMillan Road west of Black Cat Road, Ustick Road west of Black Cat Road, McDermott Road, Black Cat Road, Meridian Road north of McMillan Road, and Locust Grove Road. 2 I Due to the large number of inquiries and submitted development applications in this area, staff and the development community realized that the potential for development in this area is significant and the traffic impact studies that each individual developer was submitting did not include the major surrounding developments that are "in the works". One option for funding improving these roadways is the implementation of an extra -ordinary impact fee overlay district. This applicant will be subject to extraordinary fees, should an overlay district be implemented in this area. 4. Site Information: The site is currently being used for Agricultural purposes. 5. Description of Adjacent Surrounding Area: a. North: Approved Havasu Creek Subdivision b. South: Havasu Creek Subdivisionfrwo unplatted, 5 -acre parcels c. East: Single-family homes (Heritage Subdivision #1) d. West: Havasu Creek Subdivision 6. Impacted Roadways: Locust Grove Road: Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: a McMillan Road Frontage: Functional Street Classification: Traffic count: Current Level of Service: Speed limit: Nearest intersection: Ustick Road Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: Nearest intersection: 125 -feet Minor Arterial 4,719 south of McMillan Road on 6-28-01 Currently better than LOS "C" 35 MPH McMillan Road, a stop -controlled intersection None Minor Arterial 3,598 west of Locust Grove Road on 6-20-01 5,135 east of Locust Grove Road on 6-20-01 Currently better than LOS "C" 35 MPH Locust Grove Road, a stop -controlled intersection None Minor Arterial 7,640 east of Locust Grove Road on 6-20-01 Currently Better than "C" 50 MPH Locust Grove Road, a signalized intersection Roadway Improvements Adjacent To and Near the Site Locust Grove Road is currently improved with 2 -lanes (no center turn lane) with no curb, gutter or sidewalk abutting the site. Existing Right -of -Way There is currently 66 -feet of right-of-way (33 -feet from centerline) for Locust Grove Road abutting the site. 9. Existing Access to the Site Access to the site is currently provided from a 20 -foot wide dirt driveway located on Locust Grove Road, near the south property line. 10. Site History ACHD has not reviewed this site in the recent past. 11. Five Year Work Program/Capital Improvements Plan (CIP) This section of Locust Grove Road is not currently in the District's Five Year Work Plan or Capital Improvements Plan. 12. Other Development in Area Staff has recently been receiving large amounts of inquiries from developers in the north Meridian area. Many developers are prepared to plat entire section -miles, and have site plans developed. The preliminary plans generally include upwards of 700 to 900 residential lots, schools, office/commercial lots, and city and neighborhood parks. The following list is a compilation of developments that the District has approved recently within this identified area: ♦ On October 17, 2001, the Commission approved a rezone application and a sketch plat for Keltic Heights Subdivision. Keltic Heights Subdivision is proposed to be 1,522 lots. The applicant proposed 929 residential lots, 8 commercial lots and a 585 -unit multi -family subdivision on 452 - acres. ♦ On October 17, 2001 the Commission approved a rezone and preliminary plat application for an 8 -lot industrial subdivision on 34.6 -acres (Utility Subdivision). Note: Later denied by City of Meridian. ♦ On November 7, 2001 the Commission approved a rezone and annexation application for 370 - acres. The Commission also approved a preliminary plat for 336 -lots on 175 -acres and conditional use approval for a total of 692 single-family residences, 59 senior housing units, 17 office lots, 10 commercial lots, and an elementary school (Bridgetower Subdivision). ♦ On February 6, 2002, the Commission approved a preliminary plat application for a 272 -lot residential subdivision on 78 -acres (Baldwin Park). ♦ On April 17, 2002, the Commission approved a preliminary plat application for a 285 -lot subdivision on 75 -acres (Heritage Commons Subdivision). ♦ On May 22, 2002, the Commission approved a preliminary plat application for an 876 -lot mixed- use subdivision. The subdivision consisted of 862 single-family dwellings, 171 multi -family dwellings, 11 office buildings, 1 commercial building, 1 fire station, 1 city park and 1 private park (Lochsa Falls Subdivision). ♦ On July 17, 2002, the Commission approved a request for approval for an annexation and rezone for a 135,000 square foot Middle School within the Meridian School District. ♦ On August 21, 2002, the Commission approved a preliminary plat application for a 144 -lot residential subdivision on 43 -acres (Sundance Piece Subdivision). ♦ On August 28, 2002, the Commission approved a preliminary plat application for a 12 -lot residential subdivision on 5 -acres (Drawbridge Subdivision). ♦ On October 23, 2002, the Commission approved an 89 -lot residential subdivision on 15.4 -acres (Cobblefield Crossing Subdivision). ♦ November 6, 2002, the Commission approved a 327 -lot residential subdivision and 1 school site on 120 -acres (Havasu Creek Subdivision). • On November 6, 2002, the Commission approved a 3 -lot commercial subdivision that is anticipated to include a new Meridian School District Educational Campus that will include one elementary school, two senior high charter schools, two senior high professional technical high schools and one District administration building on 39 -acres (Education Campus Subdivision). ♦ On November 20, 2002, the Commission approved, Burney Glen Subdivision, a 117 -lot single- family residential subdivision on 36 -acres ♦ On November 26, 2002, the Commission approved Cedar Springs North Subdivision, a 229 -lot mixed-use subdivision consisting of 184 -single-family residential lots, 12 -office lots, 32 -common lots and 1 -lot that is anticipated to redevelop into attached single-family residential lots (town houses). ♦ On January 8, 2003, the Commission approved Watersong Estates Subdivision, a 125 -lot single- family residential subdivision located on 39.92. • On January 15, 2003, the Commission approved Silverleaf Subdivision, a 73 -lot mixed-use subdivision. The subdivision is proposed to contain 72 -single-family residential lots and 1 - elementary school lots located on 38.65 -acres. ♦ On January 29, 2003, the Commission approved Parkstone Subdivision, a 334 -mixed-use, subdivision proposed to contain 275 -single-family residential lots, 52 -townhouse lots, 4 -office lots, 2 -commercial lots and 1 -mini storage lot. ♦ On February 19, 2003, the Commission approved Setter Cove Subdivision, a 16 -lot single-family residential subdivision located on 10 -acres. • On March 19, 2003, the Commission approved Paramount Subdivision, an 847 -lot mixed-use subdivision proposed to contain 764 single-family residential lots, 5 -commercial and office lots, 73 -townhouse lots, 1 multi -family lot (270 apartments), a community center, 1 -elementary school lot, 1 -high school lot and 2 -church lots on 392 -acres. ♦ On April 23, 2003, the Commission approved Birchstone Creek Subdivision, a 98 -lot residential subdivision consisting of 89 single-family lots, an elementary school site and 8 common lots on 34.5 -acres. If staff examines each development individually, the roadway system appears adequate, but when staff begins to add in a second or third large-scale development, the traffic capacities of the surrounding roadways reach their 2020 planning thresholds. One option for funding improving these roadways is the implementation of an extra -ordinary impact fee overlay district. Blooming Meadows Subdivision may also be subject to any extraordinary fees that the District may impose. B. Findings for Consideration Right -of -Way & Sidewalk 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. District policy 7204.7.2 requires 5 -foot wide (minimum) concrete sidewalk on all arterial roadways. As a part of the North Meridian Traffic Plan, it was noted that a 3 -lane roadway with curb, gutter, 5 -foot concrete detached sidewalks and bike lanes within 70 -feet of right-of-way would be adequate to accommodate the projected traffic volumes on McMillan Road and Locust Grove Road. Due to the fact that the North Meridian Traffic Plan recommended a 70 -foot right- of-way on Locust Grove Road and the Commission has supported the recommendations in the past, staff is recommending that the applicant dedicate 70 -feet of right-of-way (35 -feet from centerline), opposed to the 96 -foot standard right-of-way (48 -feet from centerline). This segment of Locust Grove Road is not listed in the adopted Capital Improvements Plan; therefore, impact fees cannot be used to purchase the right-of-way abutting the site. Right-of-way dedication is not required with this application. If the applicant chooses to dedicate the right-of-way, ACHD will not provide compensation. I. Dedicate by donation an additional 2 -feet of right-of-way along Locust Grove Road (35 -feet total from centerline), and construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located 2 -feet within the new right-of-way. ii. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28 -feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right-of-way. iii. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Internal Streets Right -of -Way District policy 7204.4.1 and Figure 72-FlA require 50 -feet of right-of-way on local streets. This right- of-way allows for the construction of a 2 -lane roadway with curb, gutter and 5 -foot wide concrete sidewalks. A right-of-way width less than 40 -feet will not be permitted (District policy 7204.4.1). Any request to the District to approve a street with a right-of-way width of less than 50 -feet must prove by clear and convincing evidence that the facts and circumstances of the development warrant a finding of an exceptional case as outlined in policy 7204.4. District policy 72 -FIA, allows local residential public roads to be constructed with a 33 -foot street section with parking on both sides of the roadway, if the amount of vehicle trips per day on the street does not exceed 1,000 and the appropriate fire department reviews and approves the street section. District policy 72-FlA and 7204.4.3 allow residential roadways with 29 -foot street sections with curb, gutter and sidewalks within 42 -feet of right-of-way with parking prohibited on one side of the roadway. District policy 7204.4.7 states that sidewalks on local residential roadways shall be a minimum of 5 - feet wide when placed next to the back -of -curb. Sidewalks 4 -feet wide (minimum) may be allowed when separated from the curb by a planting strip at least 5 -feet in width. Some local jurisdictions may require wider sidewalks. The applicant is proposing to construct Mooney Falls Way, Reiterman Drive, Heritage View Avenue, Bonnies Place and Heritage Green Way with 33 -foot street sections with curb, gutter and 4 -foot detached concrete sidewalk with parking on both sides all within 50 -feet of right-of-way. The proposed density of this development that will utilize the internal local residential streets is anticipated to generate less than 1,000 vehicle trips per day. The applicant should submit a letter from the appropriate fire district approving the alternative street section. If the appropriate fire district reviews and approves the alternative street section, the applicant should construct the internal roadways as 11 33 -foot street sections with curb, gutter, 4 -foot concrete sidewalk and parking on both sides within 50 - feet of right-of-way as proposed. Request for Waiver of Policy: The applicant is proposing to construct Carts Ways as 29 -foot street section with curb, gutter and 4 - foot wide detached concrete sidewalk on one side of the roadway only. The design, location and zoning around Carts Way meets the prerequisites outlined District policy for a reduced (42 -foot) right- of-way. However, District policy requires concrete sidewalk on both sides of a roadway and the applicant is proposing a 4 -foot wide detached sidewalk on only the outer portion of Carts Way because it is unlikely that anyone would use the inner sidewalk (see Applicant's Letter). StaffAnalysis and Recommendation: Staff does not anticipate that there will be many pedestrians utilizing a sidewalk on the inside portion of Carts Way. Further, if sidewalk were constructed the applicant would lose a significant portion of the proposed drainage lot (Lot 1, Block 5). Therefore, staff recommends that the Commission grant the applicant a waiver of policy for the requirement to install sidewalk on the inside portion of Carts Way. The applicant should be required to construct curb, gutter and sidewalk on the outer portion Carts Way and curb and gutter only on the inner portion of Carts Way. Commission Action. On May 28, 2003, the ACRD Board of Commissioners voted to grant the applicant a waiver of policy for the requirement to construct sidewalk on the inside portion of Carts Way. The applicant should be required to construct curb, gutter and sidewalk on the outer portion Carts Way and curb and gutter only on the inner portion of Carts Way. District policy 7204.11.6, requires local roadways to align or offset a minimum of 125 -feet from another local roadway (measured centerline to centerline). The locations of the proposed internal roadways meet District policy for location and should be approved with this application. 3. Turnarounds District policy 7205.2.1 requires turnarounds to be constructed to provide a minimum turning radius of 45 -feet. The applicant should also be required to provide a minimum of a 29 -foot street section on either side of any proposed center islands within the turnarounds. All medians should be constructed a minimum of 4 -feet wide to total a minimum of a 100 -square foot area. District policy 7205.2.1 states that the maximum number of expected trips per day generated by those properties taking access from an individual cul-de-sac shall not exceed 400. The applicant is proposing to construct a cul-de-sac turnaround for Bonnies Place that has a 45 -foot radius without an island. The applicant should construct a District approved turnaround for Bonnies Place as proposed. 4. Stub Streets District policy 7203.5.1 and 7205.5 require stub streets to provide intra -neighborhood circulation and to provide access to adjoining parcels. District policy also requires temporary turnarounds with a temporary easement provided to the District at the end of stub streets that are greater than 150 -feet in length with a sign at the terminus of the roadway stating that, 'THIS ROAD WILL BE EXTENDED IN THE FUTURE". A stub street shall be designed to slope towards the street intersection and drain surface water toward that intersection, unless a satisfactory storm drain system is installed. 7 An existing street, or a street in an approved preliminary plat, which ends at a boundary of a Proposed development shall be extended in that development. The extension shall include provisions for continuation of storm drainage facilities (District policy 7203.5.2). The applicant is proposing to extend Mooney Falls Way from the south property line located approximately 140 -feet east of the west property line. This stub street location was originally approved with the Havasu Creek Subdivision. Staff is supportive of the extension of this roadway. The applicant is proposing to extend Heritage Woods Avenue (approved as Heritage Green Way with Havasu Creek Subdivision #2) from the north property line located approximately 250 -feet east of the west property line. This stub street location was originally approved with the Havasu Creek Subdivision. Staff is supportive of the extension of this roadway. The applicant is proposing to extend Heritage View Avenue from the north property line to the south property line as a stub street. Heritage View Avenue stub is located approximately 860 -feet east of the west property line and was originally approved with the Havasu Creek Subdivision. The applicant is proposing to continue the stub street to the south property line. Staff is supportive of the extension and continuation of this roadway as a stub to the south. Due to the fact that this stub street is less than 150 -feet in depth, the applicant should not be required to construct a temporary turnaround. The applicant should install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 5. Driveways Direct access to arterials and collectors is normally restricted (District policy 7207.8). No access points to Locust Grove Road have been proposed and none are approved with this application. Lot access restrictions, as required with this application, shall be stated on the final plat. The applicant is proposing a driveway off of Heritage View Avenue, and in alignment with Reiterman Drive, that serves the proposed townhouse lots on the east side of the development. The proposed driveway located east of the intersection of Heritage View Avenue and Reiterman Drive meets District policy and should be approved with this application. C. Site Specific Conditions of Approval This segment of Locust Grove Road is not listed in the adopted Capital Improvements Plan and impact fees cannot be used to purchase additional right-of-way; therefore, the applicant shall do one of the following three options: L Dedicate by donation an additional 2 -feet of right-of-way along Locust Grove Road (35 -feet total from centerline), and construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located 2 -feet within the new right-of-way. ii. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located a minimum of 28 -feet from the centerline of the right-of-way. Provide the District with an easement for any portion of the sidewalk that is not located within the right -of --way. M iii. Do not dedicate additional right-of-way, but construct a minimum 5 -foot wide concrete sidewalk along Locust Grove Road, located at the back edge of the existing right-of- way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct Mooney Falls Way, Reiterman Drive, Heritage View Avenue, Bonnies Place and Heritage Green Way as 33 -foot street sections with curb, gutter, 4 -foot wide detached concrete sidewalks and parking on both sides of the road within 50 -feet of right-of-way, as proposed. Submit a letter from the appropriate fire district approving the alternative street section. 3. Construct Carls Ways as 29 -foot street section with curb, gutter and 4 -foot wide detached concrete sidewalk on the outside portion of the roadway and curb and gutter only on the inside portion of the loop roadway, within 42 -feet of right-of-way as proposed. Parking shall be prohibited on one side of the roadway. Submit a signage plan to District staff for approval. Submit a letter from the appropriate fire district approving the alternative street section. 4. Construct a District approved turnaround for Bonnies Place. Provide a minimum turning radius of 45 -feet for Bonnies Place as proposed. 5. Extend the previously approved stub street, Mooney Falls Way located approximately 140 - feet east of the west property line, into the site from the south property line as proposed. 6. Extend the previously approved stub street, Heritage Green Way located approximately 250 - feet east of the west property line, into the site from the north property line as proposed. 7. Extend the previously approved stub street, Heritage View Avenue located approximately 860 -feet east of the west property line, into the site from the north property line as proposed. 8. Construct Heritage View Avenue as a stub street to the south as proposed. Install a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". 9. No direct lot access to Locust Grove Road is approved with this application. A note shall be placed on the final plat stating that direct lot access to Locust Grove Road is prohibited. 10. Comply with all Standard Conditions of Approval. N D. Standard Conditions of Approval 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. 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 #197, 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 DIGLINE (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 waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. 10 E. Conclusions of Law 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 Preliminary Plat Applicant's Letter Appeal Guidelines 11 U1/24/EUUJ 1S:uY h'AA ',V,f FM bCKtl04 dUHUL1AA no on now VICINITY MAP UIT mongnm rr7IN Mt a1 :: iC 04/25/2003 18:15 PAX 2088888854 MERIDIAN P&Z DEPT. 11 001 WA/dr] 1pL11• XViWuv„nWwy11YXY-141YyI.li. ii � '� ° � Ie �1 ii � is • tl i I ' •4i r � � cw Y: if e. ri Ii �' is I is B ® fl ? .. L .i I' �-� i 15 Ii t Is dx f I 31 � � � •' � I ti �LOCUST GROVE 91D f q ja 3NI�H�I,YW � ".t E� WOOD i LOW ! ` I !. �efs 9 4�aal 1 pR�•p pIg� .41 a 2 35§9�1;8 �IO�i Iti i[I;�i ll=�I f I t t e 1 g mulls FII I Is! �m I I pp t P `--z° [ t I = i- 5 H aeq Eii °. all It 6@1 i Al a ga . 4 $I t eeet A -F IN TNB CAOM Er E13 ELC - BLOCM1SNG MEADOWS TE E SUBOIVMON um a w PRELIMINARY PLAT AS? • • '^� AR66UBMOON OF LO[ 10 CRESiWOOD SUBONISIGN � oe.mv v ota®n M GE:CilON 91.7�N. R1E: B2x ,dlB.f. . PRELIMINARY PLAT"'` THE CUTTING EDGE, LC. MERUM, ro a36az 208 887 5624 PH. 208 887 6350 FAX 0 May 20, 2003 +. Re; The Blooming Meadows Estates I pear ACHD Commissioners: ' This is a request Tor ACRD not to require sidewalks on Carts vray on the Inside of the cop as it is unlikely anyone would have an occasion to walk in this area. Sincerely, �I Carl Reiterman Owner of The Bloo ning Meadows Estates APPLICANT'S LETTER d neco iaa wn7 aen woasnn ue WJa,218X TJe'T dta:Tt rn sT Few O 11 Request for Reconsideration of Commission Action 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 returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. 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