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HomeMy WebLinkAboutSoda Springs Sub PP 03-027Sept. 29, 2003 MERIDIAN PLANNING & ZONING MEETING October 2, 2003 P P 03-027 APPLICANT JLJ Enterprises, Ir1C. ITEM NO. 9 REQUEST Public Hearing -Request for Preliminary Plat approval of 59 building lots and 8 other lots on 11 acres in a proposed R-8 zone for proposed Soda Springs Subdivision - 2310 and 2384 East Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: See attached Pet Emailed: COMMENTS See attached Staff Comments See attached Comments See affached Comments See attached Comments See attached Comments See attached Comments c o~}, ~l~~K.J ~J l~- ~ ~~ letter from citizen, and revised lat Date: ~/~ Phone: ;5 %~ S~~ Staff Initials: Matedals presented at public meefings sha8 become properly of the City of Meridian. ~J NL'<~"UR Robert D. CDrric HUB OF TREASURE VALLEY A Good Place to Live ITC,\I, TJrPAR'CMPNT CITY OF MERIDIAN (208) 288-2499 Fas 288-?501 PUBLIC ~.~)RK8 33 EAST IDAHO MERIDIAN, IDAHO 83642 BUILDING DPP~~RTMPNT' (zos) ss7 ~2u ~ Pas sa?a297 (308) 888-4433 ~ f~.9.S (208) 887-4813 Ciry Clerk Office Prix (2D8) 888-4218 PI.,\NNING ,ANT) 7,pNiNG DFPARTNCRNT (208) 884-5533 N~~X 888-6854 CLTY COUNCIL, bISNIBL+ILS Tammy dcWccxd Keith Rird Cherie McCandless William h. M. Nary STAFF REPORT: Hearing Date: October 2, 2003 Transmittal Date: September 26, 2003 To: Mayor, City Council and Planning & Zoning Commission ~~ ~ ~ Tt Tit 7ti From: Wendy Kirkpatrick, AICP, Planner II ~~~ 1 `/ jJ 1J Bruce Freckleton, Senior Engineering Tech ~ SEP 2 9 2003 Re: Soda Springs Subdivision City Of 1\lelidian tarty Clerk Office • Annexation and Zoning of 11 Acres from RUT (Ada County) to R-8 (Medium Density Residential), by JLJ Enterprises, Inc. (File No. AZ-03-033) • Preliminary Plat Approval of 59 Building Lots and 8 Other Lots on 11 Acres in proposed R-8 zone by JLJ Enterprises (File No. PP-03-027) • A Conditional Use Permit for a Planned Development on 11 Acres to Allow Reduced Lot Sizes, Reduced Frontage Requirements, Reduced Setbacks, Reduced Home Sizes by JLJ Enterprises (File No. CUP 03-043) We have reviewed the aforementioned applications and now offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The Applicant, JLJ Enterprises, has requested the annexation and zonine of 11 acres of land located at 2310 Victory Road. The land is presently zoned RUT (Ada County). The Applicant has requested that the subject property be zoned to R-8. of the gross land area. The Applicant's vreliminarv plat request is for 59 single-family detached building lots, and eight (8) other lots. The "other" lots include seven (7) landscaped lots, and one (1) 0.44 acre park. The proposed density is 5.4 d.u./acre. The plat includes 0.91 acres of oven space. or 8 The Applicant has also requested approval of a Conditional Use Permit for a Planned Development (PD) in order to allow alternative development standards, including reduced residential building setbacks, reduced lot sizes, and reduced lot frontages. Following is a comparison of the City's nrinimum R-15 requirements and the reduced requirements that have been proposed by the Applicant through the PD application. AZ-p3-033, PP-03-02-, CUP03-043 Soda Springs. AZ. PP.CUPiPD Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 2 Staff recommends approval of the proposed subdivision. Setbacks- City Requirements (R-8) Front: 15' Pronosed Setbacks Front Garage: 10' House: 15' Rear: 10' Side: 5' Street Side 15' (for alley loaded lots) Front Lot Size- Rear: 15' Side: 5' Street side: 25' (20' for Local Streets and for living areas) Citv Requirements R-8 zone: 6,500 sq.ft. Lot Frontage-Gifu Requirements 65'minimum LOCATION Pronosed Lot Sizes 3,500 sq. ft. Proposed Frontage 34' min. The property is generally located approximately % mile east of the northeast intersection on Locust Grove Road and Victory Road. The subject property currently has two single family dwellings and several outbuildings. SURROUNDING PROPERTIES North: The Sherbrooke Hollows Subdivision, a residential subdivision zoned R-4, borders the subject property to the north. The Ridenbaugh Canal borders the northeast edge of the subject property. South: Property is currently zoned RUT (Ada County). Victory Road borders the subject property to the south. East: The property immediately adjacent to the subject property is zoned RUT (Ada County). Thousand Springs Subdivision is located east of the RUT property. West: The Sherbrooke Hollows Subdivision, borders the subject property to the west. ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment. " A2-03-033, PP-03-027, CUP03-043 Soda Speings. AZ. PP.CUP/PD Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 3 The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the requested zoning designation of R-8 is harmonious with and in accordance with the adopted Comprehensive Plan and Generalized Land Use Map, which designates the land to be "Medium Density Residential". B. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; The area has been designated as a Medium Density Residential area in Meridian's Comprehensive Plan and is surrounded to the north, east, and west by residential subdivisions. The Comprehensive Plan designation in combination with the neighboring residential subdivisions make the proposed zoning of the property compatible with surrounding land uses and the City of Meridian's plan for the development of the area. C. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff fords that the proposed uses are compatible with the existing and intended character of the azea. The Comprehensive plan designates the area as Medium Density Residential; the residential subdivision and R-8 zoning designation are compatible with the Comprehensive Plan designation. Staff finds that the proposed uses can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. D. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; The Commission and Council should rely on public testimony to determine whether or not the proposed use will be disturbing or hazardous to the neighboring uses. Staff does not anticipate that the proposed uses will be hazadous or disturbing to future or existing neighbors. AZ-03-033, PP -03-02]. CIIP03-043 Soda Springs. AZ. PP.CUPT~ Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 4 E. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; Staff finds that the subject property can be served adequately by all essential public facilities and services. Sewer and water lines will need to be extended by the developer from mains in Victory and Locust Grove Roads. All other public services and facilities noted above appear to be adequate to serve this property. F. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that sanitary sewer and water mains service is readily available from existing mains adjacent to the subject site. All other public services and facilities noted above appear to be adequate to service this property. G. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that the proposed uses will create additional traffic, especially on Victory Road. However, staff does not believe that the increase in traffic will be excessive. Staff does not anticipate that the proposed development will generate traffic, noise, smoke, odors or other nuisances that would be detrimental to the general welfare of the surrounding area. H. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed vehicular approaches on Victory Road should not appreciably interfere with traffic on the surrounding streets. The Ada County Highway District has recommended that access to the subdivision off of Victory Road be moved to Gunnell Avenue. from Conda Avenue. The proposed access off of Conda Avenue is closer than 300' to an existing access road off of Victory found in the Sherbrooke Hollows subdivision. 1. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and AZ-03-033. PP-03-027, CUP03-0d3 Soda Spwgs. AZ. PPCUPT~ Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 5 Staff finds that no natural or scenic features of major importance will be lost or damaged by approval of this annexation request. The subject property currently has two single family dwellings and several outbuildings. J. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592, 11-17-1992)" Staff fords that the annexation of this property would be in the best interest of the Ciry by providing a variety of housing types, and an innovative subdivision layout. ANNEXATION AND ZONING COMMENTS 1. The legal description submitted with the application appears to meet the requirements of the City of Meridian and State Tax Commission and places the parcel contiguous to existing city limits. 2. The requested zoning designations of R-8 are compatible with the City Comprehensive Plan and Meridian's Zoning Ordinance. 3. The subject property is within the Urban Service Planning Area. Essential Ciry services can be made available to the subject property. 4. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 5-7-517. Wells may be used for non-domestic purposes such as landscape irrigation. 5. A Development Agreement will be required as part of this annexation request. PRELIMINARY PLAT FINDINGS AND REQUIREMENTS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "hi determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: a. The conformance of the subdivision with the Comprehensive Development Plan; As noted above, staff finds that the subdivision conforms with the Comprehensive Plan. b. The availability of public services to accommodate the proposed development; Staff finds that public services are, or will be available to accommodate the proposed subdivision. Please see Item E. above in the Annexation and Zoning analysis. AZ-03-033. PP-03-027, CUP03-043 Soda Springs. AZ. PP.CUP/PO Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 6 c. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not require the expenditure of capital improvement funds. See Item E. above in the Annexation and Zoning Analysis. d. The public financial capability of supporting services for the proposed development; Staff finds that the development will not require major expenditures for providing supporting services. See Item E. above in the Annexation and Zoning Analysis. e. The other health, safety or environmental problems that may be brought to the Commission's attention. Staff finds that there should not be any other health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. SITE SPECIFIC COMMENTS (ureliminarv ulatl 1. Sanitary sewer service to this project is being proposed via a main line extension down Victory Road. Currently the sewer trunk ends approximately 3,400 feet west of the project site. The applicant shall be required to extend sewer mains to and through the proposed development. 2. Domestic water service to this site shall be via new main line extensions from existing mains. Currently water mains exist on the east side of the Ridenbaugh Canal, and at the southern edge of the Sherbrooke Hollows Subdivision in Locust Grove road. The subdivision designer to coordinate main sizing and muting with the Public Works Department. The applicant shall be required to extend water mains to and through the proposed development. 3. Applicant shall submit a site plan depicting how homes will fit on the lots in Block 2 of the proposed subdivision. 4. Applicant shall prohibit pazking in the proposed alleys and garage aprons located in blocks 2, 3, 4, and 5. If the site plan is revised and 20' aprons are provided for each garage, parking will be permitted on the aprons for lots in blocks 2, 3, 4, and 5. 5. Fencing details shall be submitted with the Final Plat application. Fencing adjacent to pathways or the common area lots shall not be over three feet in height if constructed of a solid material, and shall not be more than 4 feet in height if it is non-sight obscuring. A solid, 6-foot high perimeter fence shall be installed prior to any building permits being issued, unless agreed to otherwise in writing by the Planning Director. AZ-03-033, PP -03-02], CUP03-043 Soda Sprioys.AZ. PP.CIIP/PD Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 7 6. All adjacent agricultural uses shall be protected and a note added to the face of the plat regarding the Right to Farm Act. 7. The required landscaping and irrigation system shall be installed prior to the issuance of a Certificate of Occupancy for any building on any lot created by the subdivision. Landscaping and fencing must be bonded for prior to applying for building permits. 8. No phasing lines were shown on the preliminary plat. If phasing is planned, applicant shall submit a revised plat prior at least 10 days prior to the next public hearing showing the proposed phase lines. 9. Underground pressurized irrigation must be provided to all landscape areas on site. The applicant has indicated that the pressurized irrigation system within this development is to be owned and maintained by the Nampa & Meridian Irrigation District. 10. 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 culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the Meridian City Engineer. 11. Please submit all updated groundwater monitoring data to the Public Works Department for review. All drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and characteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established normal groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above groundwater. GENERAL COMMENTS (areliminary nlatl Please submit a copy of the Ada County Street Name Committee's final approval letter for the subdivision name, and the lot and block numbering. Make any correcfions necessary to conform. 2. Coordinate fire hydrant placement with the City of Meridian Public Works Department. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. AZ-03-033, PP-03-02], CUP03-093 Soda Springs. AZ. PP.CUP/PD Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 8 4. Two-hundred-fifty and one-hundred-watt, high-pressure sodium streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. 5. All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. The ditches to be piped should be shown on the site plans. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association, with written confirmation of said approval submitted to the Public Works Department. 6. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Sections 9-1-4 and 9-4-8. Wells maybe used for non-domestic purposes such as landscape irrigation. Graphically depict any FEMA flood plain boundaries. Note restrictions associated with the flood zone on the face of the preliminary plat. Performance specifications for the common area pressurized irrigation system shall be submitted with each Final Plat application. STANDARDS FOR CONDITIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parldmg landscaping and other features as may be required by this ordinance; Staff fords that the subject property's size of 11 acres is large enough to accommodate the proposed residential development and all other required features. B. That the proposed use and development plan will be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; The current Comprehensive Plan Land Use Map designates the property as Medium Density Residential. The proposed residential uses are harmonious with and in accordance with the Comprehensive Plan. The project meets the requirements and objectives of the Planned Development Ordinance. The applicant is proposing to include a % acre park and tot lot and install a regional pathway bordering the Ridenbaugh Canal to meet the requirement for two amenities for the planned development. AZ03A33, PP -03-027, CUP03-043 Soda Springs. AZ. PP.CUP; PD Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 9 C. That the design, construction, operation, and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area; Staff finds that the proposed uses will be compatible with other uses in the general neighborhood and the existing and intended character of the general vicinity. Surrounding land uses to the north, west, and east are single-family residential. The property to the south of the subject property is designated as a Neighborhood Center in Meridian's Comprehensive Plan. The proposed development's density of R-8 will buffer the existing residential subdivisions north of the subject property from the commercial development on the south side of Victory Road. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect outer property in the vicinity; Staff does not anticipate that the proposed project will have an adverse impact on the surrounding property; however, the Commission and Council should consider any testimony given at the public hearings before making this finding. E. That the proposed use will be served adequately by essential public facilities and services such as highways, street, police, and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed conditional use shall be able to provide adequately any such services; Staff finds that the proposed development can be adequately served by essential public facilities including: streets, police and fire protection, drainage structures, refuse disposal, water and sewer. See Item H in the above Annexation and Zoning analysis. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; Staff finds that the proposed use would not be detrimental to the economic welfare of the community, nor would it create the need for any new facilities or services to be paid for by the public. See Item H in the above Annexation and Zoning Analysis. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result from the proposed residential uses. AZ-03-033, PP-03-02], CUP03-04] Soda Springs. AZ. PP.CUP.~PU ' Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 10 H. That the proposed use will have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; Staff finds that the proposed use will not create significant interference with any traffic on the surrounding public streets. The Council and Commission should refer to the ACHD report for additional information concerning this finding. I. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. Staff does not find that any natural or scenic feature will be lost, damaged or destroyed by issuance of this conditional use. SITE SPECIFIC COMMENTS (Conditional Use Permitl 1. Applicant shall meet all of the requirements of the preliminary plat as a condition of the Conditional Use Permit. 2. At least 10 days prior to the next public hearing, the Applicant shall submit a detailed plan for the proposed park and tot lot. 3. All development shall comply with the Americans with Disabilities Act and the Fair Housing Act. 4. No building permits shall be issued within the development until a Final Plat has been recorded for the subdivision. AZA3-033, PP-03-027, CUP03-043 Soda Spcivgv. AZ. PP.QiP~PD Planning & Zoning Commission/Mayor & City Council October 2, 2003 Page 11 COMPREHENSIVE PLAN POLICIES Chapter VI, Goal III, Objective A, Action 3.: Provide a variety of park types (neighborhood parks, regional parks) interspersed throughout the community. The development's proposed % acre pazk and tot lot meets the intent of this Comprehensive Plan Action Chapter VII, Goal V, Objective A, Action 4: Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-famIIy arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of location suitable for residential development. The proposed alley-loaded single family homes will help to diversify the types of housing available in Meridian by providing additional housing choices. This new urbanist type of development featuring small lots and garages located behind the homes is a departure from the types of development that have dominated Meridian's landscape. RECOMMENDATION Staff supports the proposed development. The proposed residential subdivision meets the Comprehensive Plan's vision for the azea as a Medium Density Residential area and will be an asset to the City of Meridian. Staff recommends approval of the Annexation and Zoning, Planned Development, and Preliminary Plat applications with the conditions noted above. AZ-03-033, PP-03-02], CUP03-043 Soda Splwgs. AZ. PP.CIIP/PD +.. .. . ~ _ ~~ nu. : Gbti3623063 Sep. 26 2003 0B:43AM P1 r l~ i ~i c~~ Sin n s S ~ P~-~~~~~ o~J ~ Q~~ ~-, ~~ ~~ ~ .~ ~f ~~ rh', ti~ C. Gee I .~ ~ P~~-~S ~ 1~c~ c,~,~ ~ Co~~~ ~,~t~~IVEI) SEP 2 5 2003 City Of Meridian City Clerk Office SEP 25 '03 0959 7aozcozgcz .~,..,-~- .,. +~ rHx N0. :2083623063 Sep. 26 2003 06:43RM P2 PETI~'ION We, the homeowners of the Sherbrooke Hollows subdivision are hereby petitioning against the development of the "Soda Springs" subdivision to be located at 2310 and 2384 Victory Road in Meridian, Tdaho for the reasons set forth below: I . Depreciation of the adjacent property values; 2. Over density of the proposed residential properties; and 3. Traffic congestion on Victory and surrounding streets. The homeowners listed below of the Sherbrooke Hollows subdivision demand that the developer of the "Soda Springs" subdivision reconsider the development of this property. ~_ SEP 25 '03 09 59 7GIAZF.'~ZLIGZ onr-r n-, rHx N0. :2083623063 Sep. 26 2003 0B:44AM P3 /~ / ~. ~ `~Y%~ I~ fl '' ,~. ~ ~. < I _! / ~ ~ ~~~, X03. S . ~ ~. ~~' -~ ~ ~ ~ .,~ ~,~ ' ~f~ ___ ~ a~ C. ~ c~: ~~3 ~S `` 3o'T'1 S ~ n~~.sC -p3~i l ` a tt~ ~'t'l S~C~ ~m~s~ee~- -~0~ l ~, 'mil .. ~~. 2~-226 J ~z s- ., 28~-2~ I Qi~~ e~ ~~~~wd ~~v 5~~-1~0~1 '- ~ r '-~ `~`r57-? - Kath ~l, 21S~EOvvorshakCl- `38~-o2p~ ate,,, ~. ~l,~S Fox 2tt2 ~ avs~ ~S8-q3~( ' -- ~ C G ~ 1 ~. - ~ Scat G/i //,'~.a 3G3Y.T (~'o%Q far Auc - 8S~ Z io2. ~ , ~~ SEP 25 '03 10:00 2083623063 PRGE.GI~ • • ~~~ • r Hx No. :2083623063 ~~ i _. -_ •~- -- -- - - Sep. 26 2003 08:45RM P4 ~~~~y n ~ /~/2 ~ ~G~c~sy~~ ~ ~ ~ n ~~~ ~ ~~ ~ S 3Q3(.F S . ~ t'xeel~ ` -c S~ - letl ~eY ex ~?i5 6Vl~.~k~. G-l~. ~`;%-1119 _ ~~ ~~~~~, ~~~~ 2owG.. ~`r3 c /~flcjl~j c ~ . ~"-335 ,,,, // J /u0 a ~ro~ ~~ hf SEP 25 ' 03 10 01 223? E G7" ~8~5- 570q- 3f~r~S~ ~~I~"3i~~ 3i6~ s. God a~,` $5G -315 3/Zd S. old &-Y 1o68-/affS ~ra.o <- C~f~Q ~ 6a~- «~g SAC 5.6oicl ~ ~:~ 8g~-o~3 _ - -- _ _- _ Iibe ~'7-/ 99 ~ 11\W'1 FRk N0. 2083623063 Sep. 26 2003 08:45RM PS SEP 25 '03 10:01 2083623063 Par,F.as R~~'EIV~:I September 23, 2003 SEP 2 3 2003 Andv C. Dull C';ity' Of Rleridiari lty ~~1Pr~ ~cn 2404 E. Pistol Creek lhive Meridian, Idaho $3042 Meridian Planning and Zoning Commission 33 East Idaho Avenue Meridian, Idaho 33642 Re: Application of JLJ Enterprises, Inc. for annexation and zoning of 11 acres from RUT to R-3 zones for proposed Soda Springs Subdivision. C OmIrll8810n Member; I live at 2404 E. Pistol Creek llrive in Thousand Springs Subdivision directly across the Ridenbaugh Canal from the proposed Soria Springs Subdivision. This letter is not written in objection to Soda Springs Subdivision. Since the proposed site of the subdivision is bordered on two sides by Sherbrooke Subdivision and is abutted on a third side by Thousand Springs Subdivision, it would seem that the ideal use of this land would be a residential subdivision. What ! stn objecting to, however, is the size of the proposed lots in Soda Springs. Twelve Sherbrooke Hollow's home sites directly border the proposed Soda Springs building lots. And, although Thousand Springs is across the Ridenbaugh Canal, the elevated nature of Thousand Springs provides a unique view of Soda Springs to approximately 14 Thousand Springs homeowners. In addition, the already approved Tuscany Valley Subdivision across Victory Road from Soda Springs is advertising homes ranging from the $300,000'x. i am requesting that JLJ Enterprises, Iuc. be required to establish lot sizes similar to those of the three subdivisions surrounding Soda Springs. This new subdivision should be required to look like the neighborhoods within which it is being inserted. If JLJ Enterprises, Inc.'s application contains the aro ~mnnt that the large number of smaller lots is necessary for them to profitably develop this parcel of land, I would hope that the Commission's first instinct would be to preserve the existing property values associated with larger lots and larger homes rather than assisting the developer in covering his costs. Respectfully submitted; MAYOR C;HIF.F ROBERT D. CORRIE ICEN W'. BOWERS COUNCIL MF,MBERS ,~, DEPUTY CHIEF - FIRE PREVENTION WILLIAM L. NI. NARY ++^~ ~ r ~", JOSEPH SILVA KEITH BIRO TAMA1Y DE WEERD h. $ u'r j~ A'A#d~' ITV Uh` DEPUTV CrIfEF -TRAINING CHERIE MCCANULESS ' Y- a ~ ~ ~~ BILL JOHNSON RURAL FIRE COMMISSIONERS r..~' Y LL/1 L L ~fL 10 \HG) f 5'l0 t5~asl F[ank'lin Read RICHARD GREENS \~ ~~r ~ MEFl dldq ID 83643 RE ~ L TN ~~,v ~ (^_O8J 888-1234 ST VE CL IO7 '. i'a ~"!,"-S~_..._-'~-'•=''"A rax (2osj 89~-o39r1 N"ERIDIAN CITE/RliRAL FIRE DEPARTMENT September 19, 2003 E,EGEI~EI). SEP l 9 2003 City Of 11'Ieridiarr City Clerk Office TO: Mayor, City Council and Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Soda Springs Subdivision File AZ 03-023, CUP 03-043, PP 03-027 The following will be the requirements and/or concerns to provide milummn levels of fire protection for the proposed project: 1. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn azound. 2. All roads shall have a turning radius of 28' inside and 48' outside. 3. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The emergency access road will be required to have a 20' wide swing gate. 4. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. MAYOR Robert D. Cowie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird ;q CITY OF „'~'p'~~ ~~ C~ri~i~n ~v~ tl IDAHO TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: Septem6 Transmittal Date: August 26, 2003 File No.: PP 03-027 Request: LEGAL DEPARTMENT (208) 466-9272 • FAX 4GG-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-SSOI PUBLIC WORKS (208) 898-5500 • Fax 887-1297 2003 Preliminary Plat approval of 59 building lots and 8 other lots on 11 acres in a R-8 zone for Soda By: JLJ Enterprises, Inc. Location of Property or Projects David Zaremba, P2 (No vAR, vac, FP) Jerry Centers, P/Z (No VAR, VAC, FP) Leslie Mathes, P2 (No VAR, VAC, FP) Michael Rohm, P/Z (No vAR, vAC, Fn/ Keith Borup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C Keith Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Sanitary Service (No VAR, VAC, FP) Building Department Fire Department Police Department Cit Attorney rty Engineer City Planner Parks Department Road Meridian School District lNo FP) Meridian Post Office (FP/PP only) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP Dory/ U.S. West (FP/PP ~~ty) Intermountain Gas (FP/PP ~~ty) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ade County (Annexation Doty) Ada County Land Records (FP/PP oNy) Meridian Development Corporation RECEIVED SEP 1 6 2003 2003 Hearing Date: BUILDING DEPARTMENT (208) 887-221 l • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 C~~i~~t++q,., Uf 141eridian 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 8883C1eTk Office City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 8848723 Finance & Utility Billing Fax (208) 887-4813 Historical Preservation Commission Your Concise Remarks: -~ RECD ~'~-sY-. Y. Gity of Meridian Gity Clerk (Dff'ir:.. rfra & 7~~~udia~ <I~tic D' . 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 - FAX # 208-463-0092 8 September, 2003 William Berg City of Meridian 33 East Idaho Ave. Meridian, ID 83642 RE: PP 03-027 & CUP 03-043, Soda Springs Subdivision Dear Will: Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 A Land Use Change Application is required before Nampa & Meridian Irrigation District can comment or approve a Conditional Use Permit. For review of the Preliminary Plat Nampa & Meridian Irrigation District requires a Land Use Change Application be filed for review prior to final platting. All laterals and waste ways must be protected. All municipal surface drainage must be retained on site. If any surface drainage leaves the site, the Nampa & Meridian Irrigation District must review drainage plans. Please contact Donna Moore at 466-7861 for further information. The developer must comply with Idaho Code 31-3805. It is recommended that irrigation water be made available to all developments within the Nampa & Meridian Irrigation District. Thank you, Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent W. H. Pacific Rider 4 File -Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 -'~ SEP 10 20G~ City of Meridian CU City Clerk Offs.^^. 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 W. H. Pacific 3130 Owyhee Street Boise, ID 83705-4768 RE: Land Use Change Application -Soda Spring Subdivision Dear W. H. Pacific OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Enclosed please find a Land Use Change Application for your use to file with the Irrigation District for its review on the above-referenced development. If this development is under a "rush" to be finalized, I would recommend that you submit a cashier's check, money order or cash as payment of the fees in order to speed the process up. If you submit a company or personal check, it must clear the bank before processing the application. Should this development be planning a pressure urban irrigation system that will be owned, operated and maintained by the Irrigation District, I strongly urge you to coordinate with John P. Anderson, Water Superintendent for the Irrigation District, concerning the installation of the pressure system. Enclosed is a questionnaire that you must fill out and return in order to initiate the process of contractual agreements between the owner or developer and the Irrigation District for the ownership, operation and maintenance of the pressure urban irrigation system. If you have any questions concerning this matter, please feel free to call on me at the District's office, or John P. Anderson, at the District's shop. Sincerely, ~~- ~" - Donna N. Moore, Asst. SecretarylTreasurer NAMPA & MERIDIAN IRRIGATION DISTRICT DNM/smc cc: File Water Superintendent Will Berg, City Clerk, Meridian City Charles Creech, 2310 E. Victory Road, Meridian, ID 83642 Clayton Record, 2384 E. Victory Road, Meridian, ID 83642 enc. APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 8 September 2003 ~~~ENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT Return to: C HEALTH Environmental Health DivisiorRECEIVED ^ Boise DEPARTMENT GF:F - 9 zitCi+? Rezone # ^=--a€~ieri~-9T Conditional Use # City Clerk Office Preliminary /Final /Short Plat ^ Eagle ^ Garden City ~ leridian ^ Kuna ^ ACZ ^ Star ^ 1. We have No Objections to this Proposal. ^ 2. We recommend Denial of this Proposal. ^ 3. Specific knowledge as to the exact type of use must be provided before we can comment on this Proposal. ^ 4. We will require more data concerning soil conditions on this Proposal before we can comment. ^ 5. Before we can comment concerning individual sewage disposal, we will require more data concerning the depth of: ^ high seasonal ground water ^ waste flow characteristics ^ or bedrock from original grade ^ other ^ 6. This office will require a study to assess the impact of nutrients and pathogens to receiving ground waters and/or surface waters. ^ 7. This project shall be reviewed by the Idaho Department of Water Resources concerning well construction and water availability. ~'S' After written approval from appropriate entities are submitted, we can approve this proposal for: /~ central sewage ^ community sewage system ^ community water well ^ interim sewage Jd.'central water ^ individual sewage ^ individual water The following plan(s) must be submitted to and approved by the Idaho Department of Health & Welfare, Division of Environmental Quality: ~sentral sewage ^ community sewage system ^ community water ^ sewage dry lines ,0'~sentral water Run-off is not to create a mosquito breeding problem. ^ 11. This Department would recommend deferral until high seasonal ground water can be determined if other considerations indicate approval. ^ 12. If restroom facilities are to be installed, then a sewage system MUST be installed to meet Idaho State Sewage Regulations. ^ 13. We will require plans be submitted for a plan review for any: ^ food establishment ^ swimming pools or spas ^ beverage establishment ^ grocery store ^ child care center Please see attached stormwater management recommendatations ^ 15. Date: ~/ S /~ Reviewed By: ~- %>[~ ~f Review Sheet weo voo i~ yCENTRAI ~ ~ DISTRICT ~THEAL DEPARTM T ~ MAIN OFFICE • 707 N ARMSTRONG PL • BOISE, ID 83704-0825 • (208) 375-5211 • FAI(327-8500 To prerenr and treat disease and disabillry; to promote Gea!!hy tijesryles; axd to prorec7 gad prmnare rde heahh and quotitp ojour environment. STORM WATER MANAGEMENT RECOMMENDATIONS It is recommended that storm water be pre-treated prior to discharge to the subsurface to prevent impact to ground water and surface water quality. The engineers and architects involved with the design of this project should obtain current best management practices for storm water disposal and design a storm water management system that is preventing groundwater and surface water degradation. Manuals that could be used for guidance are: State of Idaho Catalog of Stormwater Best Management Practices For Idaho Cities and Counties. iaw.izmmoa Prepared by the Idaho Department of Environmental Quality, July 1997. Stormwater Best Management Practices Guidebook. Prepared by City of Boise Public Works Department,' May 2000. Y'alte~~, Elmore, Boise, ondAda Cawtties Ada 1 Boise County Office 707 N. Armstrong Pi. Boise, ID 83704 Enviro. Health: 627-7459 Famiiy Planning: 327-7400 Immunizations: 327-7450 Senior Nutrition: 327-746G WIC 327-7488 FAX: 327-8500 Elmore County Office 520 E. 8th 51. North Mountain Home, 10 fi364i Enviro. Nealih: 587-$225 Family Healih: 567-449i WIC: 587-440$ FAX: 5E7-35:' Valley County Office 703 N. 1st St. F.G. Box 144E McCaII, ID 6363E Ph. 63>-7154 FA%: 634-2174 00 ~~S}~; ~~ ~ cf c °reP°"'g o ~ Tadoys ., SWd•nm fw fJ a,on.~9.s. Tamomow's Joint School District No.~ 2 oaf SLC °'F ~ ~o°~ 911 Meridian Road • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 888-6700 ~91e. Mend SUPERINTENDENT Christine H. Donnell a~P 0 5 2003 September 3, 2003 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Planners: %i6v OP Meridian City Clark Office The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of Soda Springs Subdivision will have a significant impact on school enrollments at Marv McPherson Elementary, Lake Hazel Middle, and Mountain View Hi School. We can predict that these homes, when completed, will house seventeen (17) elementary aged children, sixteen (16) middle school aged children, and thirteen (13) senior high aged students. Additional students will further compound the current overcrowded situation. However, the developer has met with the school district and has agreed to include an elementary and a high school site within this development. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 888-6701. Sincerely, s=l/~ Wendel Bi am Supervisor of Facilities and Construction orms w.r i ate: „w-mw.w, i ~ ~ aI Y' O b s s g~x a ~~.a ~ !g~~ z ~§ FF6R84`k a~S ¢~E FRg N~ ~ ~~ ~ di ~~ ~ ~i I ~ `'- ~f ~ ~i ~i ~~' ~ ~ O ~ b~ ~ ~~ ~~ ~ ~~~ ~ ~~~~ Ads `J 6 >^ `J -`sL ZOY~ ~ o~o=~ c~ '~ a ~ C ? b 0 z a --~~mz ~• a ty oma~/~ Sy ~i ~b ~~ ~~ ~~ O (Ilj~~ a ~ ~ I! ~ - ;;~~~ ~ ~~l1~1~1~~~°~~ll~ ~ ~m k}~~~ Y ~~~l~~~Sg~~ ~g~~e B ~~ ~ g45I ~ ~~~ JLJ ENTERPRlSES,ZNC. ""~ _---- - R I ' SODA SPRINGS SUSDIV1SfON union., ~Lm >w as PRELIMINARY PLAT - ~ 'a - -- ----~ ••... -°°°°~°°~+ ~anniLinr+ r~z llEPT. -~ Cit9 Clerk ~'-1-2003 10:36A FROM:JRNE SUGGS 208 342 6946 70:8886854 JANE B, SUGGS CONSULTING FAX DATE: DG'I-- I , ZOD3 I~ 0 O1 P:1~2 R~CEIVE~ TO: w~ ~ FROM: -~ ~`'~ FAX: '8'8 g - (9 8~4 FAX:' ?~Z-(~`~ q-(p SUBJECT: ~cl? a ~ ~ i r~4 S OCT I~ 1 2133 City Of Meridian City Clerk Office - re ~i s•~ck (~e-~ ~~nn C~..~2.~c~ Q ~ ~ i5 ~t ~, Ylil ~e ~ ~oQr'~,~ ~-~covl~ ~~~ o-~ ~l-9~Q ~l~'2S 7~ loo~~ Cd~n~(p ~ 20o N. LOUInA STREET, 80186, IOAFtO B37i2 I2a8)34=-6941 lb~uB6s~~a bleone. ne4 OCT 01 '03 10:49 ~,,~' "`~ '~ r` ~ Z Q`~ ~'~~ 2088886854 PRGE.01 a+~-,..,...u. roc unri. + Cit9 Clerk Cl~'f-2-2003 10:36q FROM:JAME ~JGGS 20g 342 6946 X002 v ~ YY P e ~J/2 G Cl vv. T~•• a~ ~~ ~~ ._ Joint ~choo~ L,i~trict No •~~eqe: µ.i~ 991 Meridian Road • Meridian, tdahp g3y~ . • f208) 8u5-4500 • Fau (208) 88&6700 SUPERINTEPIDENT Christine H. DonnEll Octpber 1, 2003 gt)u>aECr~n City of:Metidian 33 Eeat7daho Meridian, Idaho 83442 Dear.Plarmers; 'The Metidiavy School Aistrict has expeaenoed phenomenal strident growth the Iast tea years. The high, schools, middle schoo)s, and eY schools thiv are operating ova cap~ty, ughout ffie district Approval of; enmUmeats r' ~ 9cbool. will have a ~lmifieant impact on school We can paiedict that these homes, wheal completed, 9Y171 house sevcnDeen (l ~ ehane-etary aged stlident~s. Ad tt~onial dedots will 1 aged, children, and ttuite~y (13) savior high sitoatian. Itesideitrs camiot be assured of atteudm~Povnd the cummt overcrowded necessary to bus students to other schools across the di ~'~tb`~hood school, as it may be 3chpot oapaciry is addtrssed is Idaho Code 67508. The Meridian School Dishict is cw''~y oPcrahvge ~ ~~ ~ 7~u[ute development rrn-lt continue to have av impact on the district's c Y 4uestions, Please caotact me at 855-4500. Sincerely, ~~ Wendel Bigham ~ ~~ Srgietvisor of FaciliRes and Cm+shvctiov OCT 01 '03 10:49 2088886654 SEP-23-2003 06:32R FRON:Sanitary Ser~ices~ I 206-888-5052 MAYOR Rol)cr(D. CfnTie CITY ('OUNCIL MEMB Taouny 11e Weerd William L M. Nary Chcric McCanJlcas ~• ~~ ~~ ~~ CITY OF ~.~Vtel'lG~1G~Y1 ~ .. t( IUANO "'r^~T;~;1}~ ~~ PLANNING Rr 7nNMfi KCIII) Gird ~! i9~r9 (208) 8P1.T53; • Pax R%%•h%Sa TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your commerrt5 and recommendations will be considered by the Meridian Planning end Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office gtln: win Berg, city clert(, by: septemner Transmlliel Date: August 26, 2009 File No.: PP 03-027 Request: Preliminary Plat approval of 58 nrooot3ed R~ zone for Soda St ey: JLJ Enterprises Location of Property or Protect: 2003 Hearing Date: ng lots and 8 Subdivision TO:Meridian Clerk P:9~4 KCAL DEPARTMENT {208) d4G 0272 • FA%dhh•ad05 PARKS 2 RP,f'RCATI()N (20R) R%1t-3579 • Pa% 89%-Si01 PUBLIC'HORRA 1208) 898 5500 • Fax AR1-1297 RI111.DIN(i DEPARTMENT (20R) %R7-E2t 1 • Pax 867.1297 in a David Zaremba, P2 (No vAR. vac, FP) Jerry Centers, P!Z (NO vAR VAC. FP) Leslie Mathes, P2 (NO vAR VAC. FP) Michael Rohm, P!Z (Na VAR, VAC, FP) KeRh BONA, P2 (NO VAR, VAC, FP) Robert Cowie. Mayor Bill Nary, C/C Tammy deVVeeld, C!C Kenh Bird, C/C C aria MCCantliess, C/C ater Department Sewer DepaAmeM Sanitary Service (NO VAR, VAC, FP) Building DepertmcM Fire Department Pollee Department City Attorney City Engineer City Planner Parks Department MBrtdian School District (No FP) Merid'+an Post Office (FP1PP onryj Ada County Highway District Ada County Development Servirzs Central District I-teallh Nampa Meridian brig. DlstrlLK Settlers Irrigation District Idaho Power Co. rFP1pP Dory) U.S. West (FPAaPonryJ Imermountain Gas {FPiPP oMy) Bureau of ReGamation rFPA'POrtN) Idaho Transportation Department (No FP) Ade County (Annersllon Dory) Ada County Land Records (FP/PP On~yl Meridian Development Corporation Historical Preservation Commission Your Concise Remarks: SANITARY SERVICE COMPANY V~~~ SY ~ a ~~`~^ SEP 2 3 2003 COMMENTS: ~~'~ ~~~~'~' ritYOf'~~e~diar Y Clerk O,ffee 33 LAST IDAIiO AVEN[)1? • MERIDIAN, IDAHO 83642 • (208) 888.4433 City Clerk Oflifx Fax (7A8) RBd-4218 • Humors Rrsoluxs Frlx (208) 886-8723 Ninance & tJuliry Belling Fax (208) 887-6813 PRGE.04 Robert D. Come CITY COUNCIL MEMBERS Tammy de Weerd William 4 M. Nary Cherie McCandless Keith Bird ~'a ~~ ~.~ CITY OF +,p~tf1 ~` C~eri~i~n ll IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 46G4405 PARKS & RECRBATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (206) 887-2211 • Faz 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: Transmittal Date: August 26, 2003 File No.: PP 03-027 Request: Preliminary Plat approval of 59 2003 Hearing Date: October 2, 2003 and 8 other lots on 11 acres in a proposed R-8 zone for Soda Springs Subdivision By: JLJ Enterprises, Inc. Location of Property or Project: 2310 and 2384 East Victory Road David Zaremba, P/Z (No vaR, vac, FP) Jerry Centers, P2 (No vaR, vac, FP) Leslie Mathes, P2 (No vAR, VAC, FP) Michael Rohm, P/Z (No VAR, vac, FP) Keith Bolup, P/Z (No VAR, VAC, FP) Robert Corrie, Mayor Bill Nary, C/C Tammy deWeerd, C/C rth Bird, C/C Cherie McCandless, C/C Water Department Sewer Department Senltary S@rvlCe (No VAR, VAC, FP) Building Department Fire Department Police Department City Attorney Your City Engineer City Planner Parks Department Meridian School District (No FPJ Meridian Post Office (FPiPP onry) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FPiPP onry) U.S. West (FPiPP onry) Intermountain Gas (FPrPP onry) Bureau of Reclamation (FP/PP ~~ty) Idaho Transportation Department (No FP) Ada County (Annexation only) Ada County Land Records (FPiPP onry) Meridian Development Corporation Historical Preservation Commission Remarks: I~7/( L,Ji ~~ ~ij ~~ ~~' I~ECFIV~D SEP 0 2 2003 City Of Meridian City Clerk Office 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 '?08) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 MAYOR Robert D. Corrie CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless Keith Bird ~* :: nYJ~ ~~,,QQ ,,~~'' CITV OF ~~=`~ tl IDAHO LEGAL DEPARTMENT (208) 466-9272 • FAX 4GG-4405 PARKS & RECREATION (208) 888-3579 • Fax 898-5501 PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 887-221 l • Fax 887-1297 PLANNING & ZONING (208) 884-5533 • Fax 888-6854 TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS WITH THE CITY OF MERIDIAN To insure that your comments and recommendations will be considered by the Meridian Planning and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office Attn: Will Berg, City Clerk, by: September 25, 2003 Transmittal Date: August 26, 2005 Hearing Date: October 2, 2003 File No.: PP 03-027 Request: Preliminary Plat approval of 39 building lots and 8 other lots on 11 acres in a By: JLJ Enterprises, Inc. Location of Property or Project: 2310 and 2384 East Victory Road David Zaremba, P/Z (No VAR, VAC, FP) Jeny Centers, P/Z (No vAR, vac, FP) Leslie Mathes, P2 (No vaR, vac, FP) Michael Rohm, P2 (No VAR, VAC, FP) Keith Borup, P/Z (No vAR, vac, FP) Robert Corcie, Mayor Bill Nary, C/C _ Tammy deWeerd, C/C ith Bird, GC herie McCandless, C/C Water Department Sewer Department Sanitary Service (No vAR, vac, FP) Building Department Fire Department Police Department City Attorney Your C City Engineer City Planner Parks .~ n}~~ ~~~~~" ~~' ~ Meridian School District (No FP) Meridian Post Office (FP/PP Doty) Ada County Highway District Ada County Development Services Central District Health Nampa Meridian brig. District Settlers Irrigation District Idaho Power Co. (FP/PP Doty) U.$. West (FP/PP ~~ty) Intermountain Gas (FP/PP ~~ty) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation Doty) Ada County Land Records (FP/PP only) Meridian Dev ent Corporation Hist ervation Commission RECEI~VEI~ AUG 2 9 2003 ITY "~I' ..~-~•-~rr~IAN City Of Meridian C City Clerk Office ~~A~~E~3~3• EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Office Fax (208) 888-4218 Human Resources Fax (208) 8848723 Finance & Utility Billing Fax (208) 887-4813 November 3, 2003 PP 03-027 MERIDIAN PLANNING & ZONING MEETING November 6, 2003 APPLICANT JU Enterprises, InC. ITEM NO. Jr REQUEST Continued Public Hearing from October 2, 2003 - Rec{uest for Preliminary Plat approval of 59 building lots and 8 other lots on 11 acres in a proposed R$ zone for proposed Soda Springs Subdivision - 2310 and 2384 East Victory Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILD{NG DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: a Emailed: COMMENTS See attached Comments ~ c ~ m+me~d ~pp~'~ ~O ~~~~ See attached Comments Date: ~ ~~ Staff Initials: Phone: ~U ill ~,. Materials presented at public meetings shall become property of the City of Meridian. lv~t VRVR ROBERT D. CORRIE COUNCIL MEMBERS WILLIAM L.M. NARY KErrx BIRD TAMMY DE WEERD <~~'~*' ~~ ~~ CHERIE MCCANDLESS ~~~~~~~ RURAL FIRE COMMISSIONERS y ' IC).\H l7 RICHARD CREENE ~/V TERRY LEIGHTON !`',C;; ~ STEVE ELLIOTT ~~'~'~. r,.,,- ..vim-'r.,,,~, mua MERIDIAN CITY/RURAL FIRE DEPARTMENT l.P3GL KEN W. BOWERS DEPUTY CHIEF -FIRE PREVENTION JOSEPH SILVA DEPUTY CHIEF - TRARVING BILL JOHNSON 54U East Franklin Ruad Meridian, ID 8364? (208) M8-1234 Fax (2D3) 895-0390 September 19, 2003 ~ ; ~~, ~~ ? ? 3 2003 t_%at~v G'terk fiffice TO: Mayor, City Council and Meridian Planning & Zoning Commission FROM: Joseph Silva, Deputy Chief, Fire Prevention SUBJECT: Soda Springs Subdivision File AZ 03-023, CUP 03-043, PP 03-027- Revised Plans dated 10/10/03 The following will be the requirements and/or concerns to provide minimum levels of fire protection for the proposed project: 1. The phasing plan may require that any roadway greater than 150' in length that is not provided with an outlet shall be required to have a turn around. 2. All roads shall have a fuming radius of 28' inside and 48' outside. A minimum of two points of access will be required for any portion of the project, which serves more than 50 homes. The emergency access road will be required to have a 20' wide swing gate. The location on Block 1 Lot 18 is approved. 4. Provide afire-flow per the International Fire Code Appendix D to service the project. Fire hydrants shall be placed an average of 400' apart. 4 • ~~~s ""`~ ~ ~'' Ada County Highway District Susan S. Eastlake, 1st Vice President 318 East 37th Street Dave Givens, 2nd Vice President Garden City ID 837146499 David E. Wynkoop, Commissioner Phone (208) 387-6100 John S. Franden, Commissioner FAX (208) 387-6391 E-mail: tellus(c~ACHD.ariaiA us Date: September 25, 2003 To: JLJ Enterprises, Inc R~i~iFi~VF.~ 408 South Eagle Road, Suite 103 Eagle, Idaho 83616 OCT 10 2003 Subject: Soda Springs Subdivision City of Meridian 59-lot single-family resdential subdivision City Cierk Office 2310 and 2384 East Victory Road On Septmeber 24, 2003, the Ada County Highway District acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at 208-387-6177. Sincerel , ~~~ Andre .Tuning Principal Development Analyst Right-of-way & Development Servi Planning Division CC: Plann~,glg ~ Development project file OIl~rleridian Construction Services Drainage Utilities WH Pacific 3130 South Owyhee Street Boise, Idaho 83705 Charles Creech 2310 East Victory Road Meridian, Idaho 83842 ..Ar~''F~'A,. Ada County Highway District Right-of-Way & Development Department Planning Review Division This application requires Commission action because due to the fact that staff is recommending a mod cation of policy. This item is scheduled to be on the consent agenda on Wednesday September 24, 2003 at 6:30 pm. Tech Review for this item was held with the applicant on Wednesday September 70, 2003. Please refer to the attachment for request for reconsideration guidelines. Staff contact: Andrea N. Tuning, 208-387-6177-phone, 208-387-6393-fax, atuningCa)achd.ada.id us File Numbers: Soda Springs Subdivision/MAZ03.023 Site address: 2310 and 2384 East Victory Road Owner: Charles Creech 2310 East Victory Road Meridian, Idaho 83642 Applicant: JLJ Enterprises, Inc. 408 South Eagle Road, Suite 103 Eagle, Idaho 83616 Representative: WH Pacific 3130 South Owyhee Street Bcise, Idaho 83705 Application Information: The applicant has submitted an application to the Ciiy of Meridian requesting annexation, rezone, conditional use and preliminary plat approval to construct a 59-lot single-family residential subdivision on 11.0-acres. The site is located on the north side of Victory Road between Eagle Road and Locust Grove Road. Acreage: 11-acres Current Zoning: RUT Proposed Zoning: R-8 Buildable Lots: 59-lots Common Lots: 8-lots Vicinity Map A. Findings of Fact Trip Generation: This development is estimated to generate 570 additional vehicle trips per day (20 existing) based on the Institute of Transportation Engineers Trip Generation Manual. 2. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of a building permit. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 3. Traffic Impact Study: A traffic impact study was not required with this application. 4. Site Information: The site currently has two existing single-family residential homes. 5. Description of Adjacent Surrounding Area: a. North: Sherbrooke Hollow Subdivision (single-family residential subdivision) b. South: Proposed Tuscany Lakes Subdivision (single-family residential subdivision) c. East: 4.0-acres with asingle-family residence d. West: Sherbrooke Hollow Subdivision (single-family residential subdivision) 6. Impacted Roadways Victory Road Frontage: Functional Street Classification: Traffic count: Level of Service: Speed limit: 700-feet Collector East of Locust Grove was 3,555 on 4-2-02 Currently better than "C" 45 MPH 7. Roadway Improvements Adjacent To and Near the Site Victory Road is currently improved with 2-traffic lanes with no curb, gutter or sidewalk abutting the site. There is sidewalk located to the west of the parcel that was constructed as part of Sherbrooke Hollow Subdivision. 8. Existing Right-of-Way Victory Road currently has 50-feet of right-of--way (25-feet from centerline). 9. Existing Access to the Site There are currently two driveways that intersect Victory Road. There is an existing 15-foot wide driveway that intersects Victory Road approximately 285-feet east of the west property line. There is an existing 40-foot wide driveway that intersects Victory Road at the east property line. 10. Site History The District has not previously reviewed a development application for this site. Capital Improvements PlanlFive Year Work Program This segment of Victory Road is not included in the District's Five Year Work Program or Capital Improvements Plan. The Victory Road and Eagle Road intersection is scheduled in the District's Five Year Work Program and Capital Improvements Plan for signalization in the year 2006. 12. Other Development in Area On July 24, 2003, the District approved Tuscany Lakes Subdivision. Tuscany Lakes Subdivision is a proposed 455-lot single-family residential subdivision on 196.20-acres. On August 6, 2003, the District approved Tuscany Village Subdivision. Tuscany Village Subdivision is a proposed 136-lot single-family residential subdivision on 33.3-acres. On Tuesday July 22, 2003, the District approved Sageland Subdivision. Sageland Subdivision is a proposed 39-lot single-family residential subdivision on 10.64-acres. B. Findings for Consideration Right-of-Way and Sidewalk District policy requires 70-feet of right-of-way on collector roadways (Figure 72-F1 B). This right-of- way width allows for the construction of a 3-lane roadway with curb, gutter, 5-foot wide detached sidewalks and bike lanes. District policy requires 5-foot wide (minimum) concrete sidewalk on all collector streets (7204.6.5) Victory Road is not listed as a proposed project in the District's currently adopted Five-Year Work Program or in the currently adopted 20-year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of--way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-of--way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Roadway Offsets District policy 7204.11.6, requires local roadways to align or offset a minimum of 300-feet from an arterial roadway (measured centerline to centerline). District policy 7204.11.6, requires local roadways to align or offset a minimum of 125-feet from another local roadway (measured centerline to centerline). The applicant is proposing to construct the main entrance to the subdivision, Condo Avenue, to intersect Victory Road approximately 100-feet east of the west property line. This roadway is proposed to be located approximately 250-feet (measured centerline to centerline) east of Gold Bar Drive. The proposed location of Condo Avenue does not meet District policy. The main entrance should be located so that Gunnell Avenue intersects Victory Road approximately 385-feet east of the west property line. 3 All of the internal roadways meet minimum offset that have been established by District policy and should be approved with this application. 3. Street Sections District policy 7204.4.1 states that right-of-way widths for all streets and highways shall not be less than 50-feet wide except in unusual cases. Any request to the District to approve a street with a right-of-way width less than 50 must prove by clear convincing evidence that the facts and circumstances of the development warrant a finding of an exceptional case. The applicant must show that the roadway will be used for residential purposes, there will be no possibility that the street will be extended in the near future and the traffic volumes on the street are not forecast to exceed 200 vehicles per day. District policy7240.4.3 allows a developer to construct a local urban residential street with a reduced width of 29-feet from back-of-curb to back-of-curb with curb, gutter and sidewalk. Policy restricts parking on reduced street sections. District policy 7203.4.2 states "if a proposed development abuts an unpaved street or streets the developer shall construct one-half of the full street improvements, including curb, gutter and concrete sidewalk plus additional pavement widening beyond the centerline established for the street to provide a minimum 24-feet wide paved surface. A 3-foot wide gravel shoulder and a drainage swale sized to accommodate the roadway storm runoff shall be constructed on the unimproved side. This street section shall be constructed within a minimum 40-foot right-of-way." The applicant is proposing to construct Condo Avenue (from Victory Road to Tigert Street) and Tigert Street as 36-foot street sections with curb, gutter and 4-foot separated concrete sidewalks that are detached by a 5-foot planter strip within 50-feet of right-of--way. This street section meets District policy and should be approved with this application. The applicant is proposing to construct Condo Avenue (from Tigert Street to McPherson Street), McPherson Street, Hudspeth Avenue and Gunnell Avenue as 29-foot street sections with curb, gutter and 4-foot separated concrete sidewalks that are detached by a 5-foot planter strip within 42-feet of right-of-way. Due to the fact that the main entrance is being required to be relocated to intersect Victory Road approximately 385-feet east of the west property line, tin order to provide the adequate street section and right-of-way, the applicant should construct: • Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of right-of- way. • Condo Avenue and McPherson Street as 29-foot street section with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of right-of- way. • Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on the east side of the roadway with a minimum of 24-feet of pavement within a minimum of 35- feet of right-of-way. -MODIFICATION OF POL/CYFOR REDUCED RIGHT-OF-WAY ****Staff is supportive of the applicant's request to dedicate a reduced right-of-way width due to the fact that the required improvements will fit within the 35-feet of right-of-way that the applicant is proposing to dedicate. 4 4. Alleys District policy 7204.10.1 requires the minimum right-of-way width for new alleys to be 16-feet if: the alley is abutted by residential uses and zoning on both sides; and building setbacks required by the land use agency having jurisdiction provide sufficient space for the safe backing of vehicles into the alley. District Policy 7204.10.3 states a minimum of back-of-curb radius of 15-feet is required at all alley intersections. For the reconstruction of existing alleys, the back-of-curb radius may be less than 15- feet when it is impractical to remove existing obstructions. Access is allowed to and from a fully improved alley (District policy 7204.10.2). Parking shall be designed so the minimum clear distance from the back of the parking stall to the opposite side of the alley is 22-feet for perpendicular parking. An access to an alley shall be located a minimum of 25-feet from the nearest public street. Parking in alley is not allowed (District policy 7204.10.3). The applicant is proposing to construct two 16-foot wide alleys within the subdivision. The alleys are proposed to be located perpendicular to Tigert Street and McPherson: • Between Condo Avenue and Gunnell Avenue and • Between Gunnell Avenue and Hudspeth Avenue The applicant should construct the alleys to have aback-of--curb radius of 15-feet at all alley intersections and pave the alleys their entire width. Any driveways that are proposed to access an alley shall be located a minimum of 25-feet from the nearest public street and the minimum clear distance from the back of any parking stall to the opposite side of the alley shall be 22-feet. 5. Knuckles District policy District policy 7202.7 and 7207.5 and the local Fire District standards require an island within a knuckle to be constructed with the island being a minimum of 4-feet wide with a minimum area of 100-square feet and designed to safely channel traffic. The roadway around the traffic island should maintain a minimum of a 29-foot street section. The design should be reviewed and approved by ACHD's Development staff. The applicant is proposing to construct one knuckle without a center island located in the northwest corner of McPherson Street and Condo Avenue. Staff is supportive of the location of the proposed knuckle. 6. Stub Streets District policy 7203.5.1 and 7205.5 requires stub streets to provide intro-neighborhood circulation and to provide access to adjoining parcels. District policy also requires temporary turnarounds with a temporary easement provided to the District at the end of stub streets that serve more than one lot, or are greater than 150-feet in length with a sign at the terminus of the roadway stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". The applicant is not proposing to construct a stub street to the north or to the west due to the fact that the property to the north and the west is developed as asingle-family residential subdivision known as Sherbrook Hollow Subdivision. The applicant is proposing not proposing to construct Hudspeth Avenue as a typical stub street, but is proposing to construct a roadway on the east property line to provide a public roadway for the property to the east to utilize when it redevelops. Staff is supportive of Hudspeth Avenue being constructed on the east properly line to serve as a quasi stub street for the property that is located directly to the east. 7. Emergency Access (Temporary) The applicant is proposing to construct a temporary emergency access road that will intersect Victory Road approximately 10-feet west of the east property line and extend to the north to intersect Tigert Street. In order to eliminate cut through traffic, the applicant should install traffic bollards within the emergency access to minimize the connection. 8. Other Access Victory Road is a classified roadway. Other than the access points that have specifically been approved with this application, direct lot access to Victory Road is prohibited. Lot restrictions should be placed on the final plat. C. .Site Specific Conditions of Approval The applicant shall do one of the following: a. Dedicate by donation a total of 35-feet of right-of-way from centerline along Victory Road, and construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located a minimum of 28-feet from the centerline of the right-of--way, in an easement provided to the District. c: Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Victory Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. 2. Construct the main entrance to be located so that Gunnell Avenue intersects Victory Road approximately 385-feet east of the west property line. 3. Construct Gunnell Avenue and Tigert Street as 36-foot street sections with curb, gutter and 4-foot detached sidewalks that are separated by a 5-foot planter strip within 50-feet of right-of-way. 4. Construct Condo Avenue and McPherson Street as 29-foot street section with curb, gutter and 4foot detached sidewalks that are separated by a 5-foot planter strip within 42-feet of right-of-way. 5. Construct Hudspeth Avenue as one-half of a 29-foot street section with curb, gutter and 5-foot concrete sidewalk on the west side of the roadway and a 3-foot gravel shoulder on the east side of the roadway with a minimum of 24-feet of pavement within a minimum of 35-feet of right-of-way, as proposed. 6. Construct two 16-foot wide alleys within the subdivision located perpendicular to Tigert Street and McPherson between Condo Avenue and Gunnell Avenue AND hetween Gunnell Avenue and Hudspeth Avenue. Construct the alleys to have aback-of-curb radius of 15-feet at all intersections and pave the alleys their entire width of 16-feet. Any driveways that are proposed to access an alley shall be located a minimum of 25-feet from the nearest public street and the minimum clear distance from the back of any parking stall to the opposite side of the alley shall be 22-feet. Construct one knuckle without a center island located in the northwest corner of McPherson Street and Conda Avenue, as proposed. 8. Construct Hudspeth Avenue on the east property line to serve as a quasi stub street for the property that is located directly to the east, as proposed. 9. Construct a temporary emergency access road that will intersect Victory Road approximately 10-feet west of the east property line and extend to the north to intersect Tigert Street, as proposed. Install traffic bollards within the emergency access to minimize the connection. 10. Other than the access points that have specifically been approved with this application, direct lot access to Victory Road is prohibited. Lot restrictions prohibiting access to Victory Road shall be placed on the final plat. 11. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval Any existing irrigation facilities shall be relocated outside of the right-of-way. 2. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 3. Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 4. Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 5. All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6. The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 8. Payment of applicable road impact fees are required prior to building construction in accordance with Ordinance #197, also known as Ada County Highway District Road Impact Fee Ordinance. 9. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least iwo 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 10. No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 11. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. E. Conclusions of Law The proposed site plan is approved, if all of the Site Specrfic and Standard Conditions of Approval are satisfied. 2. ACRD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular and pedestrian transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Request for Reconsideration Guidelines 8 Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a recohsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. c. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff far further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACRD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 10