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Staff Report for City CouncilSTAFF REPORT Hearing Date: November 24, 2009 TO: Planning & Zoning Commission E IDIAN FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: RZ-08-005; PP-08-010; MDA-08-003; VAR-09-006 -Cavanaugh Ridge Note: At the first Commission meeting on October 1'~', the Commission requested the applicant meet with staff to address some outstanding issues in the design of the subdivision and continued the project to October I S'1'. Based on discussions with staff, the applicant revised the preliminary plat and went back before the Commission and obtained a recommendation for approval. The staff report has been revised to reflect the revisions to the plat; changes are noted in underline format. After the second Commission meeting on October I5'~', the applicant submitted a Variance application for review by City Council concurrent with the other applications. The staff report has been revised to include the Variance request; changes are noted in bold/underline format. I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Affinity Bank, has applied for the following: Rezone (RZ) approval of 91.09 acres of land from the R-4 (medium low-density residential) zoning district to the R-8 (medium-density residential) zoning district; Preliminary Plat (PP) approval for 255 single-family residential building lots and 297 common area lots; and a modification to the existing Development Agreement (MDA) for Cavanaugh Ridge Subdivision to include updated project information. A Variance (VAR) to UDC 11-6C-3F is also reauested to exceed the maximum block length allowed in residential districts for Blocks 7, 12, and 14. See Section 10 of the staff report for more information II. SUMMARY RECOMMENDATION Staff is recommending approval of the proposed applications with the conditions and modifications to the Development Agreement listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on October 1, and 15, 2009. At the public hearing on October 15th, they moved to recommend approval of the subiect RZ and PP request. a. Summary of Commission Public Hearing: i. In favor: Ashley Ford ii. In opposition: None iii. Commenting: None iv. Written testimony: Ashley Ford v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Lighting along the multi-use pathway required along the Farr Lateral; ii. Concerns about the safety of children travelling to school on the Farr Lateral pathway. c. Key Commission Change(s) to Staff Recommendation: i. Modify DA provision #1.4.2 to require a Qate with a knox box entry system instead of a barricade at the end of Reflection Ridge Drive where it connects to the public street along the west boundary of the subdivision; ii. Modify DA provision #3.9 to clarify emergency access requirements for the subdivision; Exhibit C - 0 - iii. Modify DA provision #4.2 to specifically require bollard style lighting along the Farr Lateral pathway. d. Outstanding Issue(s) for City Council: i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-08- 005, PP-08-010, MDA-08-003, and VAR-09-006 as presented in the staff report for the hearing date of November 24, 2009 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-08-005, PP-08-010, MDA-08-003, and VAR-09-006 as presented during the hearing on November 24, 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 Numbers RZ-08-005, PP-08-010, MDA-08-003, and VAR-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.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 4275 S. Locust Grove Road, east of S. Meridian Road and south of E. Victory Road, in Section 30, Township 3 North, Range 1 East. B. Owner(s): South Cavanaugh, LLC 15711 State Highway 55 Boise, ID 83714 C. Applicant: Affinity Bank 625 E. Santa Clara Street Ventura, CA 93003 D. Representative: Ashley Ford, Rose Law Group Borton 6223 N. Discovery Way, Suite 200 Boise, ID 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone and preliminary plat. A public hearing is required before the Plamung & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. Exhibit C B. The subject application is for a modification to a development agreement. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. C. The subject application is for a variance. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. D. Newspaper notifications published on: September 14, and 28, 2009 (Commission); October 29, 2009; and November 5, 2009 (City Council) E. Radius notices mailed to properties within 300 feet on: September 1 1, 2009 (Commission); November 2, and 16, 2009; and November 9, and 16, 2009 (City Council) F. Applicant posted notice on site by: September 17, 2009 (Commission); October 31, 2009 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site is zoned R-4 and consists of vacant undeveloped land. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is currently surrounded by existing and future residential uses, and a gravel pit. 1. North: Primarily vacant (preliminary platted for single-family residential lots) with some existing single-family residential uses, zoned R-8 2. East: Existing and future single-family residential uses, zoned R-8 3. South: Residential/agricultural properties, zoned RUT (Ada County) and R-4; and a gravel pit, zoned RUT (Ada County) 4. West: Gravel pit and storage units, zoned RUT (Ada County) C. History of Previous Actions: This property received annexation and zoning (AZ-OS-045) approval with an R-4 zoning district in 2006. A preliminary plat (PP-OS-048) was also approved for Reflection Ridge Subdivision consisting of 255 residential building lots and 29 common area lots. A conditional use permit/planned development (CUP-OS-046) was approved for a planned development with reductions to lot size, lot frontage, building setbacks, and exceeding the maximum block length allowed in the R-4 district. The preliminary plat and conditional use permit approvals have expired. D. Utilities: 1. Public Works: a. Location of sewer: Sewer to this site is being proposed via extensions of mains located in Locust Grove Road. This site currently has sewer infrastructure that was constructed with the previously approved Reflection Ridge project. This infrastructure has been installed but has not received approval by the Meridian Public Works Department. New testing of any previously constructed infrastructure will need to be conducted and approved by the City of Meridian Public Works Department. b. Location of water: Water to this site is being proposed via extensions of mains located in Locust Grove Road. This site currently has water infrastructure that was constructed with the previously approved Reflection Ridge project. This infrastructure has been installed but has not received approval by the Meridian Public Works Department. New testing of Exhibit C - 2 - any previously constructed infrastructure will need to be conducted and approved by the City of Meridian Public Works Department. c. Issues or concerns: No Concerns E. Physical Features: 1. Canals/Ditches Irrigation: The Ridenbaugh Canal exists along the northeast boundary and the Farr Lateral exists along the south boundary of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. Flood Plain: This property does not lie within the floodplain. F. Access: One public street access to serve this site is proposed via Locust Grove Road. Rime Four public street stubs to adjacent properties are proposed at regular intervals around the subdivision boundary. See Analysis, Section IX, below for more information. VII. COMPREHENSIVE PLAN POLICIES AND GOALS A majority of this site (53 acres) is designated as "Low Density Residential" and the remainder (39.1 acres) is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 99), the low density residential designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at densities of 3 dwelling units or less per acre. T"° ^~~'~^^~* ~~ ~. 1 n'2 a..,°ll;,,,. , .~:+~ f .- ^ ~ ,]°.,~;r., „4' 7 7 ,7...°ll:.,.' , ,,;rte ., Per the Comprehensive Plan (page 99), the medium density residential designation allows smaller lots for residential purposes within the city limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. T~° ^ ~';^^~* : ,. ' nQ a...°":~,. , ~;'~ ~ .- ^ ° ,a°^°;'.~ ^F' Q Staff finds that the overall gross density of 2.~8 dwelling units per acre is within the range for a low to medium density project and therefore, is consistent with the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. The City of Meridian plans to provide municipal services to the lands proposed to be rezoned in the following manner: - Sanitary sewer and water service will be extended to the site at the developer's expense. - The subject lands currently lie within 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 Meridian Police Department (MPD). - The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD) and Idaho Transportation Department (ITD). This service will not change. - The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Exhibit C - 3 - - 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 V, Goal I, Objective A, Action 4 -Develop and maintain greenbelts along waterways. The applicant is proposing to construct a 10-foot wide regional pathway along the south side of the Ridenbaugh Canal in accord with the City's Master Pathways Plan. Staff is recommending a regional pathway also be constructed along the Farr Lateral to provide a connection between the Ridenbaugh pathway and Mary McPherson elementary school southeast of the site, in accord with the City's Master Pathways Plan. • Chapter VII, Goal [, Objective D, Action 9 -Require new residential development to provide permanent perimeter fencing to contain construction debris on site and prevent windblown debris from entering adjacent agricultural and other properties. The applicant is proposing to construct fencing around the majority of the perimeter of the subdivision. Temporary construction fencing should be installed in any areas around the perimeter of the subdivision where permanent_fencing is not proposed to contain debris during construction. • Chapter VII, Goal I, Objective D, Action 8 -Require new urban density subdivisions which abut or are proximal to existing low density residential land uses to provide landscaped screening or transitional densities with larger, more comparable lot sizes to buffer the interface between urban level densities and rural residential densities. The applicant is proposing common area adjacent to the existing rural residential properties along the southern boundary of the subdivision as a transition to the proposed urban density lots (.ree landscape plan,for exact location of common area). • Chapter VII, Goal V, Objective B, Action 1 -Require common area for all subdivisions. The proposed preliminary plat includes X417.9% open space (or ~~16.32 acres) consisting ofpathways, parrs, and active/passive open space. • 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 zoning district (R-8) and landscaped common area adjacent to existing rural residential properties along the south boundary. For this reason, Staff believes that development of the proposed residential subdivision will be compatible with existing residential uses on adjacent parcels. • Chapter VI, Goal II, Objective A, Action 6 Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow. Five public stub streets are proposed at the subdivision boundary to provide future interconnectivity between developments such as Cavanaugh Subdivision, northwest of the site, and Normandy Subdivision, northeast of the site across the Ridenbaugh Canal. Exhibit C - 4 - VIII. UNII'IED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, 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. Schedule of Use: Unified Development Code (UDC) 11-2A-2 lists the permitted, accessory, and conditional uses in the R-8 zoning district. Single-family dwellings are listed as a principal permitted use in the R-8 zoning district. C. Dimensional Standards: All of the proposed lots shall comply with the dimensional standards listed in UDC 11-2A-3 and 11-2A-6 for the proposed R-8 zoning district. D. Landscaping 1. Width of street buffer(s): Per UDC 11-2A-6, a 25-foot wide street buffer is required adjacent to S. Locust Grove Road, a minor arterial street; and a 20-foot wide street buffer is required adjacent to W. Wrightwood Drive, a collector street. Street buffers shall be constructed in accord with the standards listed in UDC 11-3B-7C. 2. Percentage of site as open space: ~-8-:417.9% ( 16.32 acres) 5. Tree Preservation: Per UDC 11-3B-10, mitigation is required for all existing healthy trees fl- inch caliper or greater that are removed frotn the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement. The landscape plan states that no trees are being removed,from the site that requires mitigation. E. Parking: NA IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ) Application: The Applicant is requesting approval to rezone 91.09 acres of land from R-4 to R-8. The proposed rezone area consists of four parcels of un-platted land. The property is currently designated on the Comprehensive Plan Future Land Use Map as Low Density Residential and Medium Density Residential; the proposed overall density of 2.~8 dwelling units per acre is consistent with the density designated for this area on the comprehensive plan future land use map (see Section VII above for more information). This property received preliminary plat approval along with the annexation in 2006. Since that time, the preliminary plat approval has expired and the dimensional standards for the R-4 district have changed. Thus, the previously approved lots no longer meet the standards for the current R-4 district. In order to process essentially the same preliminary plat, the applicant is requesting approval to rezone the property to R-8 in order to comply with dimensional standards. The rezone legal description submitted with the application (stamped on 8/10/09 by Timothy Fox, PLS) shows the property as contiguous to the existing corporate boundary of the City of Meridian (see Exhibit C). Staff believes that the requested R-8 zoning district is appropriate for this site if the applicant complies with the recommended conditions and DA provisions in this report. Please see Exhibit D for detailed analysis of the required facts and findings for the rezone. Exhibit C - 5 - 2. Preliminary Plat (PP) Application: The applicant is requesting preliminary plat approval of 255 single-family residential building lots and 297 commot>/open space lots for a total of 282 lots on 91.08 acres of land. Background: After obtaining approval of the preliminary plat for Reflection Ridge Subdivision on this site in 2006, the previous owners, M & H Development, sold the property to Corinthian Communities who began construction of the first phase. Corinthian was unable to finish the construction work on Phase 1 and failed to record the final plat within the allowed time period. Approximately 80-90% of the first phase (located on the east side of the site) improvements have been completed; however, some vandalism occurred on the site that reduced this percentage. The property went into foreclosure and was purchased by Kastera Development. Kastera submitted the subject applications to reinstate the land use approvals in 2008; however, Kastera was unable to complete the process. Affinity Bank, the applicant on this matter, is in the process of acquiring the property. The applicant's intent is to re-apply for virtually the same preliminary plat as was previously approved with minor modifications as requested by staff. Upon review of the subject application, it came to staff's attention that a 40-foot wide access easement exists along the west boundary of the site that provides access to the adjacent gravel pit that was not shown on the original plat approved with Reflection Ridge. Therefore, staff requested the proposed preliminary plat incorporate this easement. T''° ^~~'~^^~* ~~^'~~a°a +''° The applicant has revised the preliminary plat to include a 50-foot wide right-of--way for a public street along the west boundary of the site in the location where the access easement lies. The applicant proposes to construct the east half of the street along with 12 feet of pavement on the west side; the remainder of the street on the west side will be constructed by the developer of the adjacent property with future development. (ACHD clarified to Staff that a total of 40 feet ofpanement will be regz~ired to be constrzrcted with development of the subject property; the remaining 10-feet may be constructed by the developer of the adjacent property) This street will stub to thepropert~south of the site and to Rumple Lane at the north boundary. The overall number of buildable lots has ~'°^r°^~°a ~ °m ~cc ., ,,.,>>.. ~ ~°a +„ ~c~ staye__dnnthe same. n ..° . ,..,,a~^,,,.° ;~i..,,a ~,..~ ~,°°.... .:a°a ..;+~,:~ +i~,°T~. °~+°,-,..,,,,~+ i,,,,,^i,i° ^viri?cCti@E~iviz-A iccg°cv-crr'2~~6~=rrcccTirc-rEgiri-reziicirc ~ T T~-Or-v~-i-~ ~-t7-z A revised landscape plan that matches the contieuration of the revised preliminary plat, dated 9/11/09. will be submitted prior to the City Council meeting, See the proposed preliminary plat and landscape plan with the aforementioned changes in Exhibits A.2 & A.3. Existing Structure(s): There is an existing burnt structure on this site and associated debris that should be removed immediately as it represents a safety hazard. At the latest, it shall be removed prior to the City Engineer's signature on the first final plat for the subdivision. Landscaping: The applicant submitted a landscape plan (prepared by The Land Group, labeled as Sheets L100-I.104, dated 8/11/09) with the subject application, included as Exhibit Exhibit C - 6 - A.3. A 25-foot wide street buffer is required along S. Locust Grove Road, a minor arterial street, as depicted on the plan and a 20-foot wide street buffer is required along the section of W. Wrightwood Drive that is classified as a collector street between Locust Grove Road and the roundabout, in accord with UDC Table 11-2A-6. A 10-foot wide buffer is also required adjacent to the access road along the west boundary of the site. Open Space: A total of 16.32 acres (or ~-$417.9% of the site) of common open space is proposed within the subdivision, which exceeds the minimum 10% required by UDC 11-3G- 3A.1. Parkways: Fight-foot wide parkways are proposed throughout the development. Parkways shall be constructed in accordance with the standards listed in UDC 11-3A17E. Site Amenities: The same amenities that were approved with Reflection Ridge are proposed with the subject application as follows: - Phase 1: A half-court sized basketball court; grass volleyball court; and 2 neighborhood park areas. - Phase 2: A neighborhood swimming pool and a large neighborhood park with playground equipment. - Phase 3: A neighborhood park with playground equipment. - Phase 4: A neighborhood park with playground equipment. - Phases 1 & 2: A 10-foot wide pedestrian pathway located on the south side of the Ridenbaugh Canal along the entirety of the development's boundary. - Phases 1, 2, 3, & 4: A network of pedestrian pathways Based on the area of the plat (91 acres), a minimum of 4 site amenities are required to be provided within the development, per UDC 11-3G-3A.2. The applicant is proposing a total of 10 amenities, which exceeds the minimum requirements of the UDC. Sidewalks: The landscape plan depicts detached sidewalks with 8-foot wide parkways adjacent to local streets throughout the development consistent with UDC 11-3A-17A. Per UDC 11-3A-17C, detached sidewalks are required along all arterial streets; the landscape plan depicts an attached sidewalk along S. Locust Grove Road, an arterial street. However, because the Master Pathways Plan depicts amulti-use pathway in this area, a 10-foot wide detached pathway is required and may be constructed in lieu of a sidewalk. Pathways: Per the City's adopted Master Pathways Plan, a 10-foot wide multi-use pathway is required to be constructed along the south side of the Ridenbaugh Canal along the northern boundary of the site. Said pathway should drop down to the south through the common area (Lot 1, Block 3) and come out at the Wrightwood Drive/Locust Grove intersection in order to connect to the existing pathway on the east side of Locust Grove. Pathway shall extend to the north from this location parallel with Locust Grove Road, cross the Ridenbaugh Canal, and connect to the detached sidewalk planned in Normandy Subdivision. Additionally, staff is recommending a 10-foot wide multi-use pathway be constructed along the west and southwest boundaries of the site adjacent to the Farr Lateral to provide a connection between the Ridenbaugh pathway and Mary McPherson elementary school, in accord with the Master Pathways Plan. Pathway shall be located in Lot 27, Block 12, the common lot along the west boundary adjacent to the a~ public street, and extend through Lot 11, Block 14 and stub to the east boundary of Lot 11. Staff recommends the east lot line of Lot 12, Block 14 be adjusted further to the west to allow a wider range of vision of the Exhibit C - 7 - adjacent common area from the street. A 10-foot wide detached pathway maybe constructed adjacent to the public street along the west boundary in lieu of a sidewalk. See the Master Pathways Plan to determine location of pathways. A network of pedestrian pathways is proposed for access from the homes to the neighborhood parks. One pedestrian pathway is proposed to connect at the north boundary to the multi-use pathway along the Ridenbaugh. Another pedestrian pathway is proposed at the north boundary to Cavanaugh Subdivision for future interconnectivity. Per UDC 11-3A-8, all pathways (multi-use and micro-paths) shall be landscaped in accordance with the standards listed in UDC 11-3B-12. The landscape plan does not depict any landscaping adjacent to the multi-use pathway along the Ridenbaugh Canal. A landscape strip a minimum of 5-feet in width shall be provided on each side of the pathway in accord with the standards listed in UDC 11-3B-12C. Landscaping in accord with the aforementioned standards shall also be provided adjacent to the pathway required along the Farr Lateral. Fencing: Fencing is proposed as shown on the landscape plan. Because the Ridenbaugh Canal is a large open water system and is located adjacent to the proposed multi-use pathway, the Nampa Meridian Irrigation District and the Master Pathways Plan both require the waterway to be fenced to deter access. For this reason, staff is recommending fencing be installed in accordance with the standards listed in UDC 11- 3A-6B.3. A 4-foot tall wrought iron fence is proposed along the west side of the access road. Staff is not requiring fencing in this area as it doesn't appear to serve a purpose although the applicant may construct fencing in this area if desired. All fencing on the site shall be constructed in accord with the standards listed in UDC 11-3A- 7A. Adetailed fencing plan shall be submitted with each final plat application. Access: The preliminary plat depicts one access point to the subdivision via S. Locust Grove Road. A stub street is proposed to Rumpel Lane, an existing private street; however, until Rumpel Lane (Harris Street) develops as a public street with Cavanaugh Subdivision to the north, access to this road is not allowed except for emergency access. A barricade (that doesn't prohibit emergency access, is required to be installed at the end of Reflection Ridge Drive where it connects to the public street along the west boundary and shall remain in place until such time as Rumpel Lane/Harris Street is improved as a public street. Local streets are proposed internally for access within the site. Until such time as another point of access is available to the site from the west, only 50 homes may be constructed within the development in accordance with Fire Department condition #3.9 in Exhibit B. Once the public street along the west property boundary has been constructed and access is provided to the property to the south (parcel #S1130315225), the existing 40-foot wide access easement shall be vacated. The applicant plans to request approval of 2 private streets (Lots 6 & 18, Block 4), that will serve the lots in Block 4, within the first phase of development with the final plat application. Stub Streets: Five Four public stub streets (as shown on the proposed revised plat in Exhibit A.2) are proposed at regular intervals around the subdivision boundary for future interconnectivity between subdivisions. Note: A stub street is proposed at the northeast boundary to connect to a stub street to the south approved with Normandy Subdivision. ACHD required a bridge connection across the Ridenbaugh Canal to be constructed as a condition of approval of~Normandy Subdivision. Exhibit C - 8 - Block Length: The length of Blocks 7, 12, and ~ 14 exceed the maximum block length allowed in residential districts. Per UDC 11-6C-3F.1, "In the residential districts, no block face shall be more than 750' in length without an intersecting street or alley, or no block face shall have a length greater than 1,300' without a connecting pedestrian open space and pathway. The applicant shall either revise the plat to comply with this standard or submit a request for a variance to exceed the maximum block length allowed in UDC 11-6C-3F.1 for these blocks. After the Commission hearing, the applicant submitted a Variance request to exceed the maximum block length allowed for the above-mentioned lots (see Variance analysis below). Building Elevations: Per the existing DA (provision 6.1 #6), "Any new structures within this development shall be generally compatible in appearance and bulk with the submitted pictures/elevations." Staff believes the previously approved elevations represent quality design and architecture; however, staff recommends the following language be added to that provision, "...unless modified by the City's Design Manual." Staff is not requesting any changes to the elevations for structures within this development. Staff recommends these elevations (included in Exhibit A.5) be included as an exhibit in the DA. 3. Development Agreement Modification (MDA) Application: The applicant requests approval to modify the existing development agreement (DA), instrument #106108230, to reflect the change in ownership; the development name; the proposed zoning change from R-4 to R-8; the revised legal description and exhibits for the proposed rezone; and the revised preliminary plat and landscape plan. The applicant is not proposing any changes to the previously approved building concepts or amenities. Staff is in agreement with the proposed changes to the DA and requests the following additional modification to the DA: DA provision #6.1, #8 should be revised as follows, "That, except for emergency access as required by the Fire Department, *'~° ^ ^'~^^^+ ^ °°~ +^ ~°'~~^~~~^'' ^ ~'°~°~"'~~^ ^~°~'~~ ~^^~~'~^~~° ~^ n,,.~.^'° T ^^° access to the subdivision via Rumple Lane is prohibited until such time as Rumple Lane/Harris Street develops as a public street and is extended to this site." Rumple Lane was acquired by the owners of the Cavanaugh development to the northwest of this site. As part of the development of Cavanaugh Subdivision, the applicant proposed to close Rumple Lane and incorporate the street as part of the new residential collector, Harris Street, currently existing nn the west side of SH 69. ACRD required Harris Street to be constructed as a residential collector with a 36 foot street section (vertical curb, gutter, and 5 foot concrete sidewalk on the north side of the road and a gravel shoulder and barrow ditch on the south.) from its intersection with Meridian Road to its intersection with the stub street being extended from Reflection Ridge. • DA provision #6.1 #6 should be revised as follows, "That any new structure(s) shall be generally compatible in appearance and bulk with the submitted pictures/elevations, unless modified by the City's Design Manual." • Add a new DA provision as follows, "Once the public street along the west property boundary has been constructed and access is provided to the property to the south ( ap rcel #51130315225), the existing 40-foot wide access easement shall be vacated." 3. Variance (VAR) Application: The applicant requests a variance to UDC 11-6C-3F to exceed the maximum block length allowed of 750' in residential districts for Blocks 7, 12, and 14. Exhibit C - 9 - In order to grant a variance, the Council needs to make three findings: 1. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; 2. The variance relieves an undue hardship because of characteristics of the site; 3. The variance shall not be detrimental to the public health, safety, and welfare. No stub streets to the south were provided in Cavanaugh Subdivision that abuts Block 12 of the proposed plat. Requiring a stub street to be provided would not be practical as it would not connect to a stub street from Cavanaugh Subdivision. Further, although the block length exceeds the maximum allowed, connectivity is still provided between the two subdivisions at the north end of Block 12 (Impression Street) and via a pedestrian pathway proposed in Lot 13. Because Block 7 abuts the Ridenbaugh Canal, and a stub street and bridge connection is proposed at the south end of Block 7 to Normandy Subdivision, staff does not feel another connection is not necessary. Because Block 14 abuts land that has a significant slope, a street connection in these areas is not feasible. For these reasons, staff feels that granting a variance would relieve an undue hardship but would not grant a right or special privilege not otherwise allowed or be detrimental to the public health, safety or welfare. See E.xlxibit D, Variance Findings, for more information. Note: The length of Blocks 7 and 12 are essentially the same as originally approved with Reflection Ridge in 2005; however, a variance was not required at that time because the subdivision was approved as a planned development, which allowed for variations to certain dimensional standards including block length. Since that time, UDC requirements have changed making a variance necessary. X. EXHIBITS A. Drawings 1. Zoning Map & Aerial Map 2 ~~°'~~~~~~~ ~'~*'a~*°a Qn ~~nO` Revised Preliminary Plat (dated 9/11/09) 3. Landscape Plan Landscape Plan to be Revised Prior to the Council Meeting to Coincide with the Revised Configuration of the Preliminary Plat in Exhibit A.2 ^. ~~,-:z (The Site Plan has not yet been Revised to Match the Configa~ration of the Revised Preliminary Plat) 5. Building Elevations Approved with Reflection Ridge B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department Exhibit C - 10 - 6. Sanitary Service Company 7. Ada County Highway District fBr~t~ 8. Idaho Transportation Department C. Rezone Legal Description & Exhibit Map D. Required Findings from Unified Development Code Exhibit C - 1 1 - Exhibit A.1 -Zoning Map & Aerial Map "'~'' ~ a ..~, r . d ~ `r +r y, ~ Exhibit A.2 - n,-°t;,~.:~^'-., pt^+ ~a^.°a Qit zmn~ fi #. N7r A-~{~ ~ ` r:- ~.~ ~ '~ ,a.>wa!..~.'~~ ~d• `r.Y ~ .. ',+..,er,,,, ~~~~?.f .; . , ,~ _ _ _ ... i~^. ~~{ k€2 "~ ~~~~ £`~ ,~ , ~;. Exhibit C - 12 - ~~ Preliminary Plat Cavanaugh Ridge Subdivision r>,~ w~t~~n ~ ~~r,>n 5?;9ar 3v ' x^sN~ 3 fw~h Farge !East Besse IAe~a~an ^,ry d Ale~tlian. Ada Coun-~ iaro CK~~elopme ~vta O.% ,_., / G c. e.„~ ,,an~a~ I e~:n~ r ~casnxc x-e nsr~cr trsxr~. ~:, h~ +a cw~n n. a zruor; ~ ~ c O ~ ~ ~' o n. ~ ,~ ~~ -. Ccc:xts ¢a ,axme _. _~~d`.m ,~ ....,..._ ca~.r~a. ~w+e~ .wc o.. en ~•.'6 rooo ~ v.~.ma Revised Preliminary Plat (,dated 9/11/09) n. m w.rT`ul'bi .w~ w:, ~r .. ! wri~w'~'~eo°*au~a ~+~"~m :u:~u urea ~.a.~or.~om ..~~eor = a7~i~ ~s~ wu ~s~ ae na ~~,:.: au,b.~......~a oan~aM ms n~:.'irc a~"°c a`x: as ..,...e .: ~>.~o W ara ar~w CC O L .S aim wn i~ixii~ u cue c~c .o ~d C J nEhaa wxw•?flT .a.~aran s[w: > U7 .. U 1 } Exhibit C - 13 - -.~~ ~; ` ¢ ~ P ~~ ~ m U m a ~_ ~_ E ~ ~ 's a a` e is i- c Exhibit C - 14 - Preliminary Plat Cavanaugh Ridge Subdivision Eocele0 wriNin a patron al Secnon 30. Townsnp 3 NorN. Range , Eau '~~, 8aur 4u6en. Gi1Y a~ Mnitim. Ma County. IEaM EtPrM g) ~ ;m... ~T-r.-~__;~iW1i Vim: I r~i,"?j~~ F~ ,~ rc~tae ~ym e f' '.+E .~l o. ~ v ~:~ 9 ~B ~ `~ ~ U o - ~~~ rt o....o n ° 1 „ ots 8 Concept Utilities a-. r .....T ~~, =I .~..J...Y._1.x..l ~.Li l.." ~, ."~~_...~_._ ~ __ ~ _ _ ~_ ._ Lots & Concept Utilities a,.a~n.r„ ~anreas IR~r, ` ...~ rt ~~~ ~~~ 9 ETC J, P101 Preltminary Plat Cavanaugh Ridge Subdivision ~ ~a.c «xn~n ~ Pww. m ~' Sector 30 TownzM1iP 3 Narth, flays t Esu ( F Borsc NwNUn. Gry of Merman. AOe Cwnry. IOYm ,§ DeYeMrem Carus=. rEi Lam- .. 14 Typicy EMrsa Roadxay Sector ~~ ~~ ~ 6 Trp~a Raao»=v sa~~~.., [, ~ [ L t Lots 8 Concept Utilities i~ ~~ P '~ Z ~L 'm $ {8~ pA ~j f '. U ~_ U a` .....r 1 x~" EXillhlf C -~ 5 - Exhibit A.3 -Landscape Plane' Q /a- '~ Landscape Plan to be Revised to Coincide with the Con~Quration o~the Revised Preliminary Plat in Exhibit A.2 & Submitted with the Final Plat Application Prehnnnary Plat aWO7sCN EOUtF Cavanaugh Ridge Subdivision ~ - - ~..,~ '~ '°°'°"" ~ " ~'°tt""` °"' L ~ m,~h - ~I t ~ I ~.an9e 'East ~ 2 _ -_ f sk'di~r ~a tJe'.~..-,n. Ad~::cury daho t _oia i t =~~'aii'tr` -ieese_~ l - -...~..,~, C ~ « © ~ . lY ~. ~ y ~ ~ ~ ~ T o-' ..~. .., HA E ° o ° ... - ...e ti _. .~.... .9. rs-- . F ° °. .... ~ r. - - ~ .- ® ~" ® ~ .:J® ` ~ I ° ~'~ w ~ ~ c ry a, ° ° ,Q. - v F ~ .. ~ 8.y ~ ®. ~. S. ~ is~ ~ ~~ 1 ~ °~ 9c _ a a u ~ ~ ~~ .+. ~ e a ~ m -. m ~ ~ .~~ .' ~. ...:., . ...... m '12'~IDi m ~ ~ a w m ~ o ,~ m ° a .8 ~ w ~ ? 1i..: .x. l` ;. _ - - " - "` ; I ---- -- --- --------- ,~~. ~ i --- _ _ - - _ - _ _ _ - ~j LRf4d~eape Key Plan ~~111~~~ ~ c-.:o«--- :~-~,t. e.tz~a ,c we> s~F,e,.~ . ..w.«. ...,,«, g -~w. ~ cw, , Exhibit C - 16 - Exhibit C - 17 - I ~A r.. E .._ ~~ ~ ~ ~a~.f , 'h °~ ~"r - I ry ksr.. ~ r ~ ~ ~ _ I ~, ~~ - ~ ... ~ ~ n" - ~.~ ~ 1 2 DECtDUOU TREc PLANTING _ ~ ~„ ~ e~ ~ ~ ' -r ~' i y RS ~. tea ; E ,~ ; ='~ h ~ ~ .~ LANCSCAPE NOTES: - ro _.E .,~. _ T .._....-........_..._.....__..._._._......_._.. . T, ~~~ ~ ._ ~ _ Y _ ~.~. ~ ry ~ '^ bb 1 4 ~ I ~- d G~ m ( ~ - -- ~ _... ~ ~ ~ ~ ~ I '. '* ~ ;~ .~ .w tH SE ~ - ~ ._...~.._ . _.._. . ~. ~, ~. ,. - - - ~ Piar 'Landscap "" ~ e UL UL L1 U2 Exhibit C - 18 - 1~ r , ;~ S ,~.. BIACK 11 4 ' _ -m WIDE ~E; I(?w1 'fTH w+~Y _ l i ~ ~ - - .~ - - - --- -- 1 j' ' Z ~ g, \ Dc ff n M ~ ~~ _ ;. + 4~ ,'', ~. ~ ~ ' ~ Ui ;, ; o ®. ~ ~ ~ _ 1 t ' r, ' i, K ti `4 r t r - + .q. .. ~y~ ~ ~ ~ ~ ~' _ m ~~~ ~, ~~ - k~, ~ ~q ~~~~ F ~ ~ HAS ~ ~ - ~. ~ :~ t, o ~,, ~~ ,, , , ~ ~ ~ ~~ ~ ~ !. ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~R ~ ~ _HACK! ~ .P. ~L \,~~... ~ i tears ... ~.. R F • ... \ _ / ~ ~ ~ ~ ...... _, 46 R. ~ ~ ~ ~ .iii. ~ ' "~t~' ' ~ ~ , a~.. ~ ,4, v .~ ~ ~: , ~, ~ - _ .~ ~ C i S. m 8 ~ ~.. Landscape Pian e + "' ~ LtCi3 Exhibit C - 19 - -- ,.., ~ - ~ ~ -- ~b ---------------------- ~ a ~ .,; 49h ~ F E ~ ,,T ~ ' ~r ~ L ..- r ~ ~ 7/ ' ~.~rr j, • _ .~ y> ....,_ 1. ~ . .'. ~, _ \ ~ , K .. ;._._ I(: MCE kEGONAL YAiHNAY ~ ~, y i ~ i I +Y~i ~ ~t _% z ' ~ ~ ~ d ' I ° \LL y: I 1 ~ ~ ( R ~~~,' K . am .aro a ~ I s i ~ ~ ~e~ f~ ~ IA M..~ t~ , ~:_~ o ~ -- - - - - - I- jv -- 1 - - - h :" m..~. I .°.. I ., a I I ~ etacu u f -~~ I _ - --- - ~_ ~~. l I ~ I I I------------------ ----------------------------- ---------1 .~..... ' .. - ~ , F ,~~ ~ - ,_.. ... .,~ .~ _ , Exhibit C - 20 - Exhibit C - 21 - ". ~~~ +~n (The Site Plan has not been Revised to Match the Revised Con~~rrration o the Preliminary Plat) 5. Building Elevations Approved with Reflection Ridge Street Loaded Classic Homes EXn~e~r c - az - Street Loaded Classic Homes Alley Loaded Cr~~t~rnan ~[ornes Exhibit C - 24 - ,A,iley Loaded ~x•aftsn~an Home exi,~h~c c - zs - Exhibit B -Agency and Department Comments On September 12, 2008 (when this property was under different ownership) and September 10, 2009, Planning Staff held an agency comments meeting. The agencies and departments present include: Meridian Fire Department, Meridian Police Department, Meridian Public Works Department, Meridian Parks Department, and Sanitary Service Company. Staff has included all comments and recommended actions in the attached Exhibit B. 1. PLANNING DEPARTMENT 1.1 REZONE COMMENTS 1.1.1 The rezone legal description prepared by Timothy Fox, PLS, dated 8/10/09 and submitted with the application, is accurate and meets the requirements of the City of Meridian and State Tax Commission. 1.2 PRELIMINARY PLAT-SITE SPECIFIC CONDITIONS OF APPROVAL 1.2.1 The developer shall comply with all current and previous conditions of approval for this site related to AZ-OS-045 (Development Agreement Inst. #106108230), RZ-08-005, PP-08-010, and MDA-08-003, except as may be modified by the City Council. 1.2.2 There is an existing burnt structure on this site and associated debris that should be removed immediately as it represents a safety hazard. At the latest, it shall be removed prior to the City Engineer's signature on the first final plat for the subdivision. #~ng-. 1.2.4 Development of this site shall comply with the dimensional standards of the R-8 district listed in UDC Table 11-2A-6 and the standards listed in UDC 11-2A-3. 1.2.5 The subdivision shall contain a minimum of 16.32 acres (~8-:417.9% of the site) of common open space as proposed with this application. Amenities shall be provided within the subdivision as shown on the landscape plan and detailed in the preliminary plat application. 1.2.6 The developer shall submit an application for approval of the two private streets (alleys) within the development concurrent with the first phase final plat application. Private streets shall comply with the standards listed in UDC 11-3F-4. 1.2.7 Fencing shall be installed along the north side of the multi-use pathway on the south side of the Ridenbaugh Canal to deter access to the canal in accordance with the standards listed in UDC 11- 3A-6B.3. 1.2.8 All fencing constructed on the site shall comply with the standards listed in UDC 11-3A-7. A detailed fencing plan shall be submitted with each final plat application in compliance with the aforementioned standards. 1.2.9 A 10-foot wide multi-use pathway is required along the south side of the Ridenbaugh Canal along the northeast boundary of the site. Said pathway should drop down to the south through the common area (Lot 1, Block 3) and come out at the W. Wrightwood/Locust Grove intersection in order to connect to the existing pathway on the east side of Locust Grove on the north side of E. Wrightwood Drive. Pathway shall extend to the north from this location parallel with Locust Exhibit C - 26 - Grove Road, cross the Ridenbaugh Canal, and connect to the detached sidewalk planned in Normandy Subdivision. Revise landscape plan accordingly. See Master Pathways Plan to determine location, construction, and landscaping requirements for pathways. Note: The detached multi-use pathway along Locust Grove may replace the requirement for a sidewalk in this area. 1.2.10 A 10-foot wide multi-use pathway is required adjacent to the Farr Lateral to provide a connection between the Ridenbaugh pathway and Mary McPherson Elementary School. Said pathway shall be located along the west boundary in Lot 27, Block 12, the common lot adjacent to the access road, and extend through r ~* '" Ri,,,.i. ' Q ~ra Lot 11, Block 14 and stub to the east boundary of Lot 11. A 10-foot wide detached pathway may be constructed adjacent to the public street along the west boundary in lieu of a sidewalk. 1.2.11 Per UDC 11-3A-8, all pathways (multi-use and micro-paths) shall be landscaped in accordance with the standards listed in UDC 11-3B-12C. Revise the landscape plan to include landscaping on each side of the multi-use pathway along the Ridenbaugh Canal and Farr Lateral in accord with the standards listed in UDC 11-3B-12C, as allowed by Nampa Meridian Irrigation District. 1.2.12 The applicant shall revise the plat (specifically Blocks 7 12 and X14) to comply with the block length requirements in UDC 11-6C-3F.1 or obtain a Variance to exceed the maximum block length allowed in a residential district. 1.2.13 The east property line of Lot 12, Block 14 shall be be adjusted further to the west to allow a wider range of vision of the adjacent common area from the street. 1.2.14 Once the public street along the west property boundary of the site has been constructed and access is provided to the property to the south (parcel #S 1130315225) the existing 40-foot wide access easement shall be vacated. 1.2.15 The landscape plan shall be revised to coincide with the configuration of the revised preliminary plat. Three copies of the revised plan shall be submitted to the Planning Department prior to the City Engineer's signature on the first final plat. 1.3 PRELIMINARY PLAT-GENERAL REQUIREMENTS 1.3.1 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 utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. 1.3.2 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 1.3.3 The applicant shall erect temporary construction fencing if permanent fencing is not provided to contain debris around the perimeter prior to issuance of a building permit. 1.3.4 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 Exhibit C - 27 - be mitigated. Per UDC ll-3B-10, the Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. Provide a copy of the plan to the Planning Department with the final plat submittal. 1.3.5 Unless used as a water amenity or linear open space, all irrigation ditches, laterals or canals, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer prior to final plat signature. 1.3.6 Maintenance of all common areas shall be the responsibility of the developer or assigns. Record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including but not limited to structures, parking, common areas, private streets, and other development features. 1.3.7 Staffs failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.3.8 A letter of credit or cash surety in the amount of 110% will be required for all required fencing, pressurized irrigation, landscaping, sanitary sewer, water, etc., prior to signature of the final plat. 1.3.9 All development improvements including water, sewer, fencing, landscaping, amenities and pressurized irrigation shall be installed and approved prior to obtaining Certificates of Occupancy. 1.3.10 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11-6B-7. 1.3.11 The Applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review approval from the Planning Department prior to any building construction on the subject property. 1.3.12 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 1.4 DEVELOPMENT AGREEMENT MODIFICATION 1.4.1 The existing development agreement (DA), instrument #106108230, shall be modified to reflect the change in ownership; the development name; the proposed zoning change from R-4 to R-8; the revised legal description and exhibits for the proposed rezone; the preliminary plat and landscape plan with revisions according to the conditions contained in this report, and previously approved building elevations depicted in Exhibit A.S. 1.4.2 Revise existing DA provision #6.1, #8 as follows, "That, except for emergency access as required by the Fire Department, *t,o ~ ..i;,..,.,+ ., oo~ .,, .-oi;,,,,,,;~i, ., ~.o,-o~..t,;~ ., ~o,,., .,, , t,.,..o ; "~~m'° TR^ne access to the subdivision via Rumple Lane is prohibited until such time as Rumple Lane/Harris Street develops as a public street and is extended to this site. A bnn~~ gate with a knox box entr~ystem that doesn't prohibit emergency access) is required to be installed at the end of Reflection Ride Drive where it connects to the public street along the west boundary and shall remain in place until such time as Rumpel Lane/Harris Street is improved as a public street." 1.4.3 Revise DA provision #6.1, #6 as follows, "That any new structure(s) shall be generally compatible in appearance and bulk with the submitted pictures/elevations, unless modified b. City's Design Manual." Exhibit C - 28 - 1.4.4 Add a new DA provision as follows, "Once the public street along the west property boundary has been constructed and access is provided to the property to the south (parcel #51130315225, the existin~0-foot wide access easement shall be vacated." 2. PUBLIC WORKS DEPARTMENT Site Specific Conditions and Comments 2.1 Any existing domestic well and/or septic systems within this project shall be removed from 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 with approval for Idaho Department of Water Resources. 2.2 Sewer to this site is being proposed via extensions of mains located in Locust Grove Road. This site currently has sewer infrastructure that was constructed with the previously approved Reflection Ridge project. This infrastructure has been installed but has not received approval by the Meridian Public Works Department. New testing of any previously constructed infrastructure will need to be conducted and approved by the City of Meridian Public Works Department. 2.3 Water to this site is being proposed via extensions of mains located in Locust Grove Road. This site currently has water infrastructure that was constructed with the previously approved Reflection Ridge project. This infrastructure has been installed but has not received approval by the Meridian Public Works Department. New testing of any previously constructed infrastructure will need to be conducted and approved by the City of Meridian Public Works Department. 2.4 The applicant shall be responsible to install a temporary off-peak pumping station in a location designated by the Public Works Department. The station design and capacity shall be coordinated with the Public Works Department; the design shall include communication capabilities that are consistent with the City of Meridian's SCADA system. If new information arises from ongoing modeling exercises or other subsequent sources, then this condition inay be rescinded by the City Engineer. 2.5 Due to elevation changes on this site, a new pressure zone is being planned for this area. The new zone would split this property at a 45 degree angle approximately 600 feet southwest of the Ridenbaugh Canal. The northeastern portion of this development is serviceable by the existing pressure zone; however the remainder of the property camiot be served by municipal water until two sources for the new zone are established. The first source would be from a well lot which the developer would donate to the City of Meridian, the second source would be a booster station which would be installed at the applicant's expense. The applicant shall coordinate with the Public Works Department regarding this condition. 2.6 The applicant shall be responsible for the installation of a Pressure Reducing Vault's that is necessary to create the new pressure boundary. The Pressure Reducing Vault shall be designed to include communication capabilities that are consistent with the City of Meridian's SCADA system. Coordinate location with the Public Works Department. 2.7 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. If a creek or well source is not available, asingle-point connection to the municipal water system shall be required. If a single-point connection is used, the developer shall Exhibit C - 29 - be responsible for the payment of assessments for the common areas prior to signature on the final plat. 2.8 No large landscaping shall be allowed within 5 feet of a meter tile. 2.9 Street signs are to be in place, water system shall be approved and activated, fencing shall be installed, drainage lots constructed, 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, etc., prior to signature on the final plat. 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. 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 and NPDES Permitting that may be required by the Environmental Protection Agency. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 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. 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 in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle. Exhibit C - 30 - b. Fire hydrants 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. F.tre 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 IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Any roadway greater than 1 SO 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 entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation. 3.7 Fire lanes, streets, and structures including the canopy height of mature trees shall have a vertical clearance of 13'6. 3.8 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. 3.9 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The two entrances should be separated by no less than Yz the diagonal measurement of the full development. The applicant shall provide a stub street to the property from the west. The subdivision may have one single point of access up until building permit #50. Between building permit #51-78, the subdivision will be required to have two points of access; however, one access may be an approved, all- weather surface, 20-feet wide that meets all requirements of the Meridian Fire Department and if that point of access is locked or has bollards, it will be done so with the approval of the Meridian Fire Department. 3.10 The roadways shall be built to Ada County Highway Standards cross section requirements and shall have a clear driving surface. Streets with less than a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one side. These measurements shall be based on the back of curb dimension. The roadway shall be able to accorinnodate an unposed load of 75,000 GVW. 3.11 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom Sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. This cost of this installation is to be borne by the developer. 3.12 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code. 3.13 Provide exterior egress lighting as required by the International Building & Fire Codes. 3.14 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). Exhibit C - 31 - 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). 3.15 Pool chemicals shall be stored in compliance with the International Fire Code. 3.16 The fire department is opposed to any landscape island in the middle of a cul de sac that tnay prevent a fire truck from turning around on the end of the court. 3.17 No parking is allowed in cul-de-sacs. 3.18 The applicant shall obtain approval from the Fire Department for turning radius in cul-de-sacs per revisions required by ACRD. 3.19 The existing burned structure that exists on the site and associated debris shall be removed immediately as it represents a safety hazard. 4. POLICE DEPARTMENT 4.1 The proposed development shall limit landscaping shrubs and bushes to species that do not exceed two feet in height. Trees shall have a canopy of no less than six feet. 4.2 All pedestrian pathways shall have 4-foot tall bollard style or equivalent lighting to illuminate the entire pathway and be shielded to prevent light from going into residential lots, including the regional pathway along the north boundary of the subdivision on the south side of the Ridenbaugh Canal and along the Farr Lateral at the west and south boundaries of the subdivision. 4.3 The existing burned structure that exists on the site and associated debris shall be removed immediately as it represents a safety hazard. 5. PARKS DEPARTMENT 5.1 Pathway and Trail standards: The proposed pathway and/or trail shall be constructed in accordance with the Meridian Park Department's requirements. 5.2 Standard for City to assume Maintenance of a section of Pathway: The pathway must connect from one major arterial to another, and either an easement or ownership deed must be granted before the city will assume the maintenance of any section of pathway. 5.3 A multi-use pathway is required to be constructed by the developer along the south side of the Ridenbaugh Canal in accordance with the Meridian Pathways Master Plan. 5.4 A multi-use pathway is required to be constructed by the developer along the Farr Lateral to provide a connection between the Ridenbaugh pathway and Mary McPherson elementary school, in accordance with the Meridian Pathways Master Plan. 6. SANITARY SERVICE COMPANY 6.1 The applicant shall provide a minimum turning radius of 28' inside and 48' outside for all entrances, internal roads, and drive aisles, including round-a-bouts. Exhibit C - 32 - 7. ADA COUNTY HIGHWAY DISTRICT 71 Site Specific Conditions of Approval ~'-~ 7.1.1 Prior to scheduling signature of the final plat of the 79'x' buildable lot, widen the intersection of Locust Grove Road and Victory Road to accommodate left turn lanes on all approaches. Coordinate the design of the left turn lanes with District Traffic Services and Development Review staffs. 7.1.2 Dedicate 48-feet ofright-of--way from the centerline of Locust Grove Road abutting the parcel OR dedicate 38-feet ofright-of--way from the centerline of Locust Grove Road and provide a 10- foot wide public use easement. The right-of--way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Enter into a license agreement for any landscaping located within ACHD right-of--way abutting the site. 7.1.3 Widen Locust Grove Road to accommodate a southbound right turn lane into the site. Coordinate the design of the right turn lane with District Traffic Services and Development Review staffs. 7.1.4 Extend the existing culvert and construct a borrow ditch along Locust Grove Road abutting the site to accommodate drainage once the right turn lane is constructed. 7.1.5 Complete a 5-foot wide concrete sidewalk along Locust Grove Road abutting the site. Install asphalt ramps fonn the north and south termini of the sidewalk to Locust Grove Road. 7.1.6 Align the site entrance road with the existing Wrightwood Drive on the east side of Locust Grove Road. 7.1.7 Construct the east portion of Wrightwood Drive as a divided street section with 21-foot drive aisles, an 11-foot center median, vertical curb and gutter, and 5-foot wide concrete sidewalk. Provide a public use easement for any sidewalk located outside of the right-of--way. 7.1.8 Construct Reflection Ridge Drive along the west property line, as one half of a collector street section with h a minimum of 24-feet of pavement, vertical curb, gutter, and detached sidewalk or 10-foot asphalt path on the east side, and a 3-foot gravel shoulder and barrow ditch on the west side. Provide a public use easement for either the 10-foot asphalt path or the detached sidewalk. 7.1.9 Construct all other internal streets as 34-foot street sections with curb, gutter, and 5-foot wide concrete sidewalks. Attain documentation of approval from the Meridian Fire Department for street sections narrower than 36-feet. Provide a public use easement for any sidewalk located outside of the right-of--way. 7.1.10 Construct four residential turnarounds with aback-of--curb radius of 45-feet at the termini of Bench Place, Morning Glow Way, Radiant Ridge Drive, and Twilight Ridge Drive. 7.1.11 Construct intersection bulb-outs to maintain a minimum street width of 24-feet (curb face to curb face), and so that the bulb-outs have a minimum 18-foot radius where they meet the regular curb line. 7.1.12 The applicant's engineer should meet with District Traffic Services staff to discuss the redesign of the existing roundabout. After the meeting with staff and redesign of the roundabout has been complete in compliance with ACRD Roundabout Guidelines the applicant should submit construction drawings for the revised roundabout for review. Exhibit C - 33 - 7.1.13 Construct the following stub streets, and install signs at the terminus of each stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE.": • Southern Lights Drive to the south property line, approximately 1,785-feet west of Locust Grove Road (measured centerline to centerline). • Stub Street to the southwest property line, approximately 3,900-feet west of Locust Grove Road (measured centerline to centerline). • Reflection Ridge Drive to the Ridenbaugh Canal, approximately 1,130-feet west of Locust Grove Road (measured centerline to centerline). • Impression Street to the west property line, approximately 435-feet north of the quarter section line. This stub street aligns with Wayker Street, which was proposed to be built with Cavanaugh Subdivision. • Stub Street to the west property line, aligning with the quarter section line. This stub street will align with Rumpel Lane, which was required to be constructed and dedicated as a public street with Cavanaugh Subdivision. 7.1.14 Construct two private roads through Block 4, as proposed. Pave each private road its full width at least 30-feet in from the edge of pavement of the public street, and install pavement tapers with 15-foot curb radii abutting the public street. 7.1.15 Restrict all residential driveways to a maximum width of 20-feet, and locate all driveways at least 50-feet from an intersection or roundabout (measured near edge to near edge). Pave each driveway its full width at least 30-feet in from the street. 7.1.16 Enter into a license agreement for any landscaping located within ACHD right-of--way abutting the site. 7.1.17 Other than access specifically approved with this application, direct lot access to Locust Grove Road is prohibited, and shall be noted on the final plat. 7.1.18 Comply with all Standard Conditions of Approval. 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 ACHD 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 may be 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 Exhibit C - 34 - 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 is 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 ACHD 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 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. 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 C - 35 Exhibit C -Rezone Legal Description & Exhibit Map i 515 SY Shoshone Street ~ Boise Idaho .1 83705 S 208-342-7957 .1 208-342-7437 FAX CAVANAUGH RIDGE REZONE DESCRIPTION A PORTION OF SECTION 30, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO A portion of Section 30 `township 3 North Range 1 East Boise Meridian City of Meridian Ada County Idaho more particularly described as follows: Commencing at the Center '/4 Corner of said Section 30 the TRUE POINT OF BEGINNING: thence along the North-South Center of Section Line North QO'-08'02" West a distance of 1113 93 feet #o the beginning of anon-tangent curve to the right on the centerline of the Ridenbaugh Canal; thence along said centerline the following courses and distances. along said non-tangent curve to the right having a length of 152 90 feet a radius of 251 7C feet a central angle of 34°47'4G tangents of 78 89 feet and a long chord which bears South 42"21'06" East a distance of 150 56 feet South 24 57'13 East a distance of 378 12 fleet to the beginning of a curve to the left; along said curve to the left having a lengtf~ of 1 15 22 feet a radius of 315,00 feet. a central angle of 20 57 29", tangents of 58 26 #eet and a long chord which bears South 35`25 58' Easi a distance of 114 58 feet: South 45 54 42 East a distance of 808 09 feet to a point on the East-West Center of Section line of Section 30; thence along said East-West Center of Section t..ine South 89 43 54 West a distance of 71 43 feet more or less to the South side of the Ridenbaugh Canal as called for in C,~uit Claire Deed instrument Number 102158440 thence along said South side the following courses and distances South 45' S0 45 East a distance of 1032 09 feet more or less to the beginning of a curve to the left: along said curve to the left having a length of 279.14 feet more or less a radius of 800 00 feet a central angle of 19`59 31" tangents of 141 00 feet more or less and a long chord which bears South 55` 50 31' East a distance of 277 72 feet more or less: South 85 50 16 East a distance of 417 14 feet more or less to begrnning of a curve to the left: along said curve to the left having a length of 282 05 feet more or less a Iadltrs of 300 00 feet a central angle of 53' S2 04 ~ tangents of 152 42 feet more or less and a long chord which bears North 87-1342' East a distance of 271 78 feet more or less Exhibit C - 36 - North 60°17'40 East a distance of 201 31 feet more or Tess to the Easterly boundary of Section 30: thence along said easterl~ boundary, South 00°30 07' East a distance of 385 00 feet more or less to the South 1/16` Corner common to Sections 30 ar~d 29: thence along the South 1/16"' line of Section 30 Sauth 89°46 51 West a distance of 2631 28 feet to the Center~South 1/16'" Corner of Section 30; thence along the North-South Center line of Section 30 South 00-08'02" East a distance of 167 53 feet to the most Southerly corner nr property described in Personal Representatives Deed Instrument Number 99008747: thence along the Southerly boundary of said Personal Representatives Deed the following courses and distances. North 38`33 24 West a distance of 126 24 feet North 52`28'30 West a distance of 595 70 feet: North 60 34'04 West a distance of 244 40 feet: North 64'04'55 West a dis#ance of 164 59 feet North 65`54 09' West a distance of 453 96 feet to a point on the West 1/16r" line of Section 30. thence along said west 1 /16"~' line Nur th 00' 00 23 West a riislance v( G46 52 feel to the Center-West 1116"' Corner of Section 30: thence along the East-West Center Section line of Section 30 North 89' 44 36 East a distance of 1323 01 feet to the TRUE POINT OF BEGINNING,. Containing 9~ 085 acres more or less Subject to existing easements and rights-of-way as any may exist of record or not of record It is the intention of this description to include all of the property described in Quit Claim Deed Instrument number 102158440 Personal Representatives Deed Instrument Number 99008747. Quit Claim Deed Instrument number 96005405 and Ouit Claim Deed Instrument number 99112159 including any portions of these properties not described in this document r~ RE1Ft W APPROVAL ~-~~f J Refer to the attached sketch BY-~~~--~~'~'" ~~~..{Sr7Fe~"c' Fox Land Surveys Inc ~U~ ~ 7 X009 0 ~Qv7' ~~'~ Timothy 1 Fox President PLS 7612 o`x.! ~",y~"~ ~ `~ ~~.r1 PUBLIC J' END OF DESCRIPTION iD c7 (~ •,T`(;~ }OPT ~/'~~~~HY J. C~~ ~ 1.i Exhibit C - 37 - A~ t7 n~Cs~~o~r~N vaoRY,s ,, ,. - ,\ `~, ti G y CIoV~~NI~L~GH F2lUG~ ~E~'~7NE ':,KF T~;i-~ n F~~'?rt~i~~h r;F 5E'C7a0r•~ 3fJ. ? r~, ~ ~ G , e ~a s;ir~r~,t ~~,nrttil~inra. air rli~_irdTr ~D,^,fi~.~ .'~ `~ f I ~ f r..,xrvF taFt;.l' CUAVI: RA(it~S !! Qfi 1A1A (fhtfT4- 7Ar9GFk -- Ht7Qt{7 HEAAIkG GNORD OISThNLE ~ 1 . rc6 - r " { .t ~ , , n j . t - Exhibit C - 38 - I?. f, 2~~ Exhibit D -Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an 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 rezone the subject property to the R-8 zoning district. If the applicant complies with the recommended conditions of approval and DA provisions, the Commission finds that the proposed zoning map amendment complies with the applicable provisions of the comprehensive plan for low and medium density residential designated areas. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed single-family residential use of the property is consistent with the requested R-8 zoning district and the purpose statement for 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 if approved. 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 ll-SB-3.E). Because the subject application is for a rezone, this finding is not applicable. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Staff supports the proposed plat layout, with recommended changes, as they comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit C - 39 - The Commission finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is unaware of any natural, scenic, or historic features on this site. Therefore, the Commission finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff is unaware. 3. Variance Findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; The UDC (11-6C-3F.1) specifically prohibits block faces to be greater than 750 feet in length without an intersecting street or alley. However, because conditions exist on the site related to previous approvals and topography that make compliance with the block length requirements unfeasible, staff finds that granting a variance in this case would not allow a right or special privilege because it would also be unfeasible for other properties with similar conditions to comply with this requirement. See Section IX, Analysis, for more information. b._ The variance relieves an undue hardship because of characteristics of the site; Staff finds that because Block 7 abuts the Ridenbaugh Canal and one bridge connection between Cavanaugh Ridge and Normandy Subdivision to the north is already planned another connection is not necessary. Because no stub streets were provided from Cavanaugh Subdivision northwest of the subject property in the area that abuts Block Cavanaugh Ridge RZ PP MDA PAGE 40 12, requiring a stub street would not be practical as it wouldn't allow for interconnectivity. The topography of the land adjacent to Block 14 slopes significantly, makin~a street connection to the south unfeasible. For these reasons, Staff finds a hardship exists that would be relieved by granting a variance. See Section IX, Analysis, for more information. c. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that ~rantin~ the subject variance would not create a safety hazard that would be detrimental to the public health, safety, or welfare. See Section IX, Analysis, for more information. Cavanaugh Ridge RZ PP MDA PAGE 41