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HomeMy WebLinkAboutStaff Report for City Council Hearing~ECEiVED NOV 0 3 2009 STAFF REPORT Hearing Date: November 10, 2009 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ-09-006 - B 1 CITYOFG~f' ,or~uv CITY CLERKS OFFICE E IDIAN%~-~- fI~~HO I. SUIVIlVIARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, B1, LLC, has applied to annex and zone 5.02 acres from the RUT zoning district in Ada County to the R-4 (Medium Low-density Residential) zoning district in the City. At this time, the applicant is proposing construct (1) single family detached home on the subject site with plans to subdivide the remaining property in the future. II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed annexation and zoning based on the Findings of Fact and Conclusions of Law in Exhibit D with the requirement of a Development Agreement that includes the provisions noted in Exhibit B of the staff report. The Meridian Planning & Zoning Commission heard this item on October 1, 2009. At the public hearing the Commission voted to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant's Representative) ii. In opposition: None iii. Commenting: Tyler Rountree, Marcel Goldberg iv. Written testimony: Provided by the applicant's representative. v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Pete Friedman, Scott Steckline b. Kev Issue(s) of Discussion by Commission: i. Extension of E. Commander Street to Jericho Road. ii. The option of connecting with the stub street that currently exists at the northern boundary of Madelyn Estates Subdivision. iii. Compatibility of the future homes with the existing homes in the area. c. Kev Commission Change(s) to Staff Recommendation: i. The Commission modified DA provision #4 to include the option of a stub street to the south if a public street is provided at the southern boundary at the time a preliminary plat is proposed for the property. ii. The Commission at staffs request modified DA provision #1 to include CZC approval prior to construction of the future home and said placement of the home not prohibit the extension of E. Commander Street through the property. d. Outstanding Issue(s) for City Council: i. Connection with Jericho Road. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ; 09- 006, as presented in the staff report for the hearing date of November 10, 2009 with the following modifications: (Add any proposed modifications.) B 1 Annexation PAGE 1 Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-09-006, as presented during the hearing on November 10, 2009, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ-09-006 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) lV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located east of Jericho Road, a % of a mile south of Chinden Boulevard and approximately 650 feet west of Locust Grove Road in the NE '/a of Section 30, Township 4 North, Range 1 East. B. Owner/Applicant(s): B1, LLC PO Box 1610 Eagle, ID 83616 C. Representative: Jake Centers, (208) 888-4333 D. Applicant's Statement/Justification: Please see applicant's application for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 14 and 28, 2009(Commission); October 19. 2009 and November 2, 2009 (City Council) C. Notices mailed to subject property owners on: September 11, 2009(Commission); October 15, 2009 (City Council) D. Applicant posted notice on site(s) on: September 21, 2009 (Commission); October 14, 2009 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The subject site is currently vacant developable land; zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The character of the surrounding area is residential in nature. The only non-residential use is the school site that abuts the northern boundary. 1. North: Single family residential and Central Academy High School, zoned R-2 and R-4 2. East: Single family residential (Reserve Subdivision), zoned R-4 3. South: Rural residential property, zoned RUT in Ada County 4. West: Single family residential (Arcadia Subdivision), zoned R-8 B1 Annexation PAGE 2 C. History of Previous Actions: In 2005, this property requested annexation and then withdrew the application. D. Utilities: 1. Public Works: a. Location of sewer: E Commander St. b. Location of water: E Commander St c. Issues or concerns: None E. Physical Features: Canals/Ditches Irrigation: Staff is unaware of any canals or ditches that may traverse this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. F. Access: E. Commander Street is stubbed along the eastern property boundary and provides access for the future home. Upon future development of this property E. Commander Street will be required to be extended through the site and provide connectivity with Jericho Road located in the northwest comer of the site. VII. COMPREHENSIVE PLAN POLICIES AND GOAL5 This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The applicant is requesting an R-4 zoning designation with the annexation of this property. The Unified Development Code (UDC) allows a maximum of 4 dwelling units to the acre which would allow a maximum of 20 homes on this property. At this time, the applicant is proposing to construct (1) single family home on the site and subdivide the property at a later date. If the site is developed in a fashion consistent with the density requirements of the UDC, the anticipated density of the site would comply with the aforementioned density range of the Medium Density Residential land use designation. 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): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: - Sanitary sewer and water service will be extended to the project at the developer s expense. - The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. - The subject lands currently lie within the jurisdiction of the Ada County Sherds Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACID). This service will not change. B1 Annexation PAGE 3 - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. - The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal IV, Objective C, Action 1 -Protect existing residential properties from incompatible land use development on adjacent parcels. The applicant is proposing a residential zone. The majority of the surrounding property is developed with single family homes. Thus, the applicant's proposal including future development of the site will be compatible with surrounding land uses. • Chapter VII, Goal IV, Objective D, Action 2 -Restrict curb cuts and access points on collectors and arterial streets. Currently E. Commander Street, designated a local street, is stubbed along the eastern property boundary and provides connectivity for the future home site. The recommended conditions of approval include a Development Agreement provision that future development of the property will necessitate that E. Commander Street be extended through the site to connect to Jericho Road. • Chapter VII, Goal IV, Objective C, Action (low-, medium-, and high-density single apartments, condominiums, etc.) for the p affordable housing opportunities. 10 - Support a variety of residential categories family, multi-family, townhouses, duplexes, irpose of providing the City with a range of The subject application includes a request for the R-4 medium low-density zoning designation. The applicant is proposing (1) single family detached home. Staff believes future development of this site with single family detached homes provides the City with a variety of housing opportunities that complements the proposed multi family, patio homes, and alley- loaded homes existing and planned for the area. • Chapter VII, Goal IV, Objective C, Action 3 -Require usable open space to be incorporated into new residential subdivision plats. At this time, the applicant is not proposing to plat the property; however staff is recommending a DA provision that the site be subject to the UDC open space requirements at the time of plat approval. • Chapter VI, Goal II, Objective A, Action 6 -Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. One stub street exists at the eastern boundary. The extension of this street will be required upon future development of this site. Said street shall extend through the site to Jericho Road located at the northwest corner of the property. Staff believes requiring this connection enhances connectivity and improves the traffic flow as previous developments made provisions for future connectivity prior to this site developing. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The applicant is requesting an R-4 zoning district for the B 1 Annexation PAGE 4 property. 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. B. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-4 zoning district. C. Dimensional Standards: The site shall comply with the dimensional standards listed in UDC Table 11-2A-2 for the proposed R-4 zoning district. D. Landscaping: The subject site shall comply with the common open space and site amenity requirements listed in UDC 11-3G-3 when the property is platted in the future. E. Parking: Table 11-3C-6 requires single family detached homes with 2/3/4 bedrooms to provide four (4) parking spaces; at least two spaces in an enclosed garage and at least two spaces being a 20-foot by 20-foot parking pad. Future home sites should comply with this requirement. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is to annex and zone 5.02 acres of land from the RUT zoning district in Ada County to the R-4 zoning district in the City. At this time, the applicant is proposing to construct one (1) single family detached home on the subject site with plans to subdivide the remainder of the property in the future. The Comprehensive Plan future land use map designation for this property is Medium Density Residential, which is consistent with the proposed R-4 district. Future development of this site must comply with the dimensional standards of the R-4 zoning district listed in UDC 11-2A-5. Further as a requirement of the development agreement (DA), staff is recommending no more than one (1) single family detached home be constructed on the site until the property is subdivided in accordance with the Unified Development Code (UDC). The annexation legal descriptions submitted with the application (stamped on August 28, 2009 by Clinton W. Hansen, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian. Outdoor Storage: As mentioned earlier, the land proposed for annexation is vacant developable land. However, the applicant is storing construction materials on a portion of the property. Based on the materials being stored on the property, UDC 11-1A-1 defines this use as a contractor's yard which is not an allowed use in the R-4 zoning district. Staff is recommending the outdoor storage of construction material on this site cease with the annexation of the property. Staff is recommending a building permit not be issued until the contractor's yard is removed from the property. Access: E. Commander Street is stubbed along the eastern property boundary and provides access for the future home. Upon future development of this property and as a provision of the development agreement staff is recommending E. Commander Street be extended through the site and provide connectivity with Jericho Road located in the northwest corner of the site. Off-street parking: Table 11-3C-6 requires single family detached homes with 2/3/4 bedrooms to provide four (4) parking spaces; at least two spaces in an enclosed garage and at least two spaces being a 20-foot by 20-foot parking pad. Future homes on this site must comply with this requirement of the UDC. B 1 Annexation PAGE 5 Landscaping: As mentioned above, E. Commander Street will be extended through the site when an actual plat is proposed for the site. Because the street is designated local street and the zoning proposed for the property is residential, the UDC does not require a street landscape buffer. However, the property proposed for annexation exceeds 5 acres. UDC 11-3G-3 requires 10 percent of common open space for the single family developments of five (5) acres or more. Staff is recommending a DA provision that requires the applicant comply with the applicable UDC open space and amenity requirements in effect at the time of plat submittal. Design Review: Although the annexation of this property is not subject to Design Review, staff feels the applicant could develop the site consistent with the objectives and guidelines for residential developments (Section E) listed in the Meridian Design Manual. Staff is recommending a DA provision that elevations be submitted with any preliminary plat application. These elevations should be consistent with the Architectural Character objectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual. Development Agreement: UDC 11-SB-3D2 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. 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 or Council feel that additional development agreement provisions are necessary, staff recommends a clear outline of the commitments of the developer being required. Please see Exhibit B for a list of DA provisions applicable to this site. In summary, Staff is supportive of the Applicant's proposal to annex this site with an R-4 zoning designation with the recommended DA provisions listed in Exhibit B of this report. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Conceptual Plat B. Comments/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. Annexation Legal Descriptions & Exhibit Map D. Required Findings from Unified Development Code B1 Annexation PAGE 6 A. Drawings 1. Vicinity Map ,yo ~ o b~ C-C °~; EVEREST ST L-O R-15 ~__ ' '`' ~^; 6340 ~~ ~.. ,~#' ~.+ N ~~~ ~. .6286 W 6260 l_) tuk~ .tau- ... _ . ,„ ~..,.~ °,e.;„_ aw'", x -!~ ,/.- a 6234 ._ 6208 0 6208 Z __ b166 R-15 :: 6185 ... b t z4 R-2 g ~~ 6075 THREE CORNER JERICHO bos2 R-4 `~__: 6055.._ 6040 6067 NO m C-C I 0~ ,p o _ ~ . ~ 1 ~ t~ ~ h A N to Off. ay ~ ~` ~ E PASACANA ST ~ ~ '~ '~'~ ~ ~ ~ ~ ~ ~ ~~" ~- ~~ E COMMANDER ST vim. ~~ ,., Exhibit A 2. Conceptual Plat htto://adacandata.com/man¢uide2009/manvieweraiax/nrintablenaae.nhn?SESSION=bI e89... 7/31 /2~9 Exhibit A - 2 - .~ o- - -- - Ex~~t.f ~ ~ ~.,~,,~ .~~f EX~IIBIT B: AGENCY & DEPARTMENT COMMENTS On September 10, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Public Works Department, Meridian Pazks Department and Meridian Police Department. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 The legal descriptions and exhibit map for the proposed annexation submitted with the application (stamped on August 28, 2009, by Clinton W. Hansen, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.2 A Development Agreement (DA) will be required as part of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office, 898-5506, within one yeaz of Council approval to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: 1. No more than one (1) single family home shall be constructed on the site until the property is subdivided in accordance with the Unified Development Code (UDC). The future home shall not be placed on the site to impede the extension of E. Commander Street through the property. The applicant shall secure a Certificate of Zoning Compliance approval for the future home prior to the issuance of a building permit. 2. All future development (future plat) of the subject property shall comply with City of Meridian open space and amenity requirements in effect at the time of development. 3. The applicant shall submit elevations consistent with the Architectural Chazacter objectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual with any future preliminary plat application. 4. E. Commander Street shall be extended through the site and provide connectivity with Jericho Road located in the northwest corner of the site or as an alternative stub to the south if a public street is provided at the southern boundary with the platting of the property. 5. Development of the subject property shall comply with the R-4 standards listed in UDC 11- 2A-5. 6. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 7. The applicant shall be responsible for all costs associated with sewer and water service installation. 8. The outdoor storage of construction material and vehicles on this site shall cease with the annexation of the property. A building permit shall not be issued until the contractor's yazd and vehicles are removed from the property. 2. PUBLIC WORKS DEPARTMENT (FUTURE PLAT CONDITIONS) 2.1 Sanitary sewer service to this development is being proposed via extension of mains in E Commander St. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standazd forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate Exhibit B - 1 - materials shall be used in conformance of City of Meridian Public Works Deparirnents Standard Specifications. 2.2 Water service to this site is constructed from E Commander Road to N Jericho Road. being 2.3 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.4 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easements shall not be dedicated via the plat. The description shall be consistent with the graphically depicted easements on the plat but be recorded as a separate document using the City of Meridian's standard forms. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.5 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to the issuance of an occupancy permit. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water. 2.11 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to construction plan approval. Exhibit B - 2 - 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or the ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 One hundred watt, high-pressure sodium streetlights shall be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings greater than 3600 square feet and greater will require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.3 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 corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %z" outlets. 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 e~sting buildings within 1,000 feet of the project. Exhibit B - 3 - 3.4 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear driving surface which is 20' wide and support an imposed weight of 75,000 GVW. 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 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. 3.8 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building. 3.9 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 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 4.1 The Police Department has no concerns related to the application. 5. PARKS DEPARTMENT 5.1 The Parks Department has no concerns related to the application. 6. SANITARY SERVICES COMPANY 6.1 SSC did not submit comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT SITE SPECIFIC CONDTfIONS OF APPROVAL This application is for annexation and rezone. only. Listed below are some of the site specific conditions that the District may identify when it reviews a future development application. The District may add additional site specific requirements when it reviews a specific redevelopment application. 7.1 Extend Commander Street through the site and connect it to Jericho Road as a 33-foot street section with curb, gutter, and minimum 5-foot wide attached (or 4-foot wide detached) sidewalk. Obtain approval from the Meridian Fire Department for the reduced street section width. Provide a public use easement for any portion of sidewalk located outside of the right-of--way. 7.2 Enter into a license agreement for any landscaping located within ACRD right-of--way abutting the site. 7.3 Comply with all Standard Conditions of Approval. Exhibit B - 4 - 7.2. STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of--way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACRD roadway or right-of--way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 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. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of--way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACRD right-of--way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B - 5 - C. Annexation Legal Descriptions & Exhibit Map ~E ~yint~an for Anr~~ The ~~tve No. 7 Subdivision Rarce15053fl141950 A parse! being ku~ted to the SE '!a of the NE l of Section 30. Tovtrnship 4 North, Range 1 East, t3oi~ Meridian. City of Meridian, Ada Courtly, Idaho, and more pa-tiCUlaTiy descn'bed as follows: Cammencting at a brass rep monumerd marking the northea~ Amer of the NE % of said Section 30, from which an aluminum cap monument martctr-g the southeast erne: ~ the NE'/. of said Sedlon 30 gars S 0°3T25 W a distance of 2658.57 feet; Thetas S 0°37`25° W akmg fhe easterly boundary of said NE !. a distance of 1328.32 feet to a 518 inch diameter iron pin marking the northeast ccom~ of said 3E Y. of the NE %.; Thence leaving said easterly boundary N 89°48'37° W along the nortferly boundary of said SE % of'the NE ~., said northerly boundary-also being the northerly boundary of The -Reserve Subdivision as showr- in Book 97 of Plats at Rage 12153, records of Ada County. a distance of 655.88 feet #o a 518 inch diameter flan pfi marking the northwest comer of said The Reserve Subdhrision, and the POINT OF BEGWNIN©; Thence leaving said northerly boundary S D°3T58° W along the westerly boundary of said The Reserve Subdivision a distance of 332.22 fee# to a 5!8 inch diameter iron pin martcing the southwest comer of said The Reserve Subdivision; Thence leaving said westerly boundary N 8F3°SO't 1° W a distar~e of 647.51 fed to a pofnt; Thence N 0°31`31° E along a line being t0.00 feet easterly of and parallel to ~ westerly ttoundary of said SE %. ~ the NE % e distettce of 332.32 feet to a point on the northerly boundary of said SE y< of the NE'/°<; Thence 889°49'37° E slang sake norNterly boundary of said SE ! of the NE '/., said northerly boundary also wing the southerly t~undary of Westborough Subdivision as shoum in ~k 87 of Plats of Page 9884, records of Ada County, a distance of 848.13 feet to the POINT OF t3EGiNNM1©. This parcel contains 4.94 acres. Clinton W. Hansen, PLS land Solutlona, PC August 28, 2009 e~ vat. SEPp1~ ~.ws ~~T c 9ma~~Cll~it~~mi-tS c.__---- ~.~, nre e s No, z .Iab tVo. o3-as Exhibit C - 1 - 1~gal D~sgip~lon for Mne~catlon The Restive No. 2 Subdivision Parcel 50530 f 4 1950 A parcel being torated in the SE'/< of the NE %. of Section 30, Touvnship 4 North, Range 1 Eas#, Boise Meridian, City of Meridian. Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monumen# mar~ng the northeast comer of the NE %. of said Section 30, from which an aluminum cap monument maricirrg the southeast comer of the NE '/. of said Set~ion 30 mars S 0°37'25° W a distance of 2656:57 feet; Thence S 0°3T25° W along the easterly boundary of said NE % a distance of 1328.32 feet to a 5/8 inch diameter iron pin marking the northeast corner of sad SE %. of the NE'/.; Thence Ieavksg said easterly boundary N 89°49'37° W along the northerly boundary of said SE ~ of the NE'/a a d'~tance of 1304.01 feet to tip POINT OF BfGiNNiidG; Thence leaufng said northerly boundary S 0°3i'31° W along a line being 10.00 feet easterly of arM parallel to the westerly boundary of said SE',/e of the NE'/: a distance of 532.32 feet to a paint; 7ltenre N 89°50'11° W a distance of 10.00 feet to a 5/8 inch diameter Uon pin on the weateriy boundary of said SE'/ of the NE'/e; Thence N 0°31'31° E along said westerly boundary a distance of 332.32 feet to a 5/8 inch diameter iron pin marking the northwest comer of said SE 1. of the NE %,; Thence S 89 49'37° E along the northerly boundary of said SE '/. of the NE '14 a distance of 10.00 feet to the POINT OF BEGINNING. This parcel corrtair~ 0.08 acres (3,323 square feet) Clinton W. Hansen, PLS Land Solutions, PC August 2a, 2009 REVf ~rAt• Bll~ 0 ~~p ~ SDI ~U9 _Bt~~laS `~--~ ~~ rrie Reserve Surttiivis[on No. 2 Jod Na. a9-8s Exhibit C - 2 - w U H Z z Z N W ~~ .~ ~ save e ,sztco s ~+ ~aa tsnom n+ .atnac~ ~ :azrr a aosn+a~ns 341I~3dr 3N1 s ~ ~ ~ ~ ~ R ~ ~ .rr'zer ,u _ ro~s e V ~ i ~ ~ ~ _ _ ~ ~~ o ~ 7 ~ ~ ~ i! ~ V a e q. >~o ° ma+ n 8 •~~' J.CiJS 3 ,lftFA a DilllBl~ Y/DbS1yY f i ~' i I~ N O O Exhibit C - 3 - D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property from RUT in Ada County to R-4. The Commission finds that the proposed zoning map amendment complies 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 Commission finds that the proposed map amendment to R-4 is consistent with the purpose statement for the residential districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds 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 Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The annexation of this property and subsequent zoning of the site to R-4 is consistent with the comprehensive plan future land use map and UDC standards as detailed in this report. The Commission finds that Annexation and Zoning of this property to an R-4 zoning district is in the best interest of the City if a development agreement is entered into between the City and the property owner. Exhibit D - 1 -