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HomeMy WebLinkAboutNormandy Subdivision AZ-06-064 PP-06-065 VAR-07-001 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ""U /,nm~ ;jwfJ o......7VLcni:lz:n'i;\ \ >. II).\HO j ~t"' -' In the Matter of Annexation and Zoning of 27.05 acres from RUT to R-8 AND Preliminary Plat Approval for 109 single-family building lots and 7 common lots, on 27.05 acres in the proposed R-8 zone AND Variance Approval to the block length standard (UDC 11-6C-3F) within a residential district, for Normandy Subdivision, by RMR Consulting, Inc. Case No(s). AZ-06-064, PP-06-065, V AR-07-001 For the City Council Hearing Date of: March 13, 2007 (Findings on the March 27, 2007, Council agenda) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 13, 2007, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 13,2007, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 13,2007, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. S67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002, Resolution No. 02-382 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code S II-5A. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, & V AR-07-00I (PAGE 1 of4) 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Legal Description, Preliminary Plat, and the Conditions of Approval all in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval ofthe application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code S II-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The Applicant's Preliminary Plat, as evidenced by having submitted the Preliminary Plat, dated November 15,2006, by the City of Meridian, is hereby conditionally approved; 2. The Applicant shall eliminate one building lot from the group of lots, one through seven, Block 3, and increase the square footage of the adjacent lots for a total minimum of 8,000 square feet. The maximum number of buildable lots for the development shall be 109. 3. The site specific and standard conditions of approval are as shown in the attached Staff Report for the hearing date of March 13, 2007, incorporated by reference. D. Notice of Applicable Time Limits 1. Notice of Twelve (12) Month Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the Applicant fails to record a final plat within two (2) years of the approval of the preliminary plat or one (1) year of the combined preliminary and final plat or short plat. In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of eighteen (18) months, may be considered for final approval without resubmission for preliminary plat approval. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B- 7 .A, the Director may authorize a single extension of time to record the final plat not to exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as determined and CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, & v AR-07-001 (PAGE 2 of4) approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat or conditional use permit entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty- eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code S 67-6521 an affected person being a person who has an interest in real property which may be adversely affected by the issuance or denial of the conditional use permit approval may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 13,2007 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, & V AR-07-001 (PAGE 3 of4) By action of the City Council at its regular meeting held on the (htvvAt.- ,2007. , 2 7 r::- day of COUNCIL MEMBER JOE BORTON VOTED~ VOTED fJ6J:.e-A- COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER KEITH BIRD VOTED$^- VOTED~ COUNCIL MEMBER CHARLIE ROUNTREE MAYOR TAMMYdeWEERD (TIE BREAKER) VOTED ...---- May my de Weerd \\ II II/III/ \\\\ .:: ....l:" 1III ", o( p>"I.:;.~~'II.I Attest: "" ~--{ .......... ~ 1'.1...... .}. (j _o;'l.POR.., h ~ /~ -dh 2 ~ ~ S - ~~- ~ - ~P- L t CFJ~'L ~ William G. Berg, Jr., City lerk ~ 7. i:).l6......):? g ::- ~ "t$". D .::- ~"O Us, 15' . ~.; ~/ 'Af ~ ,~ Copy served upon Applicant, The Plann'{Mg/~ene,~blic Works Department and City /1/11""111\\1\\\\ Attorney. By: S~~Cl!\ rn S liV\.-~ -+0'\ City Clerk Dated: O.:S .---2'i;-o( CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-06-064, PP-06-065, & v AR-07-001 (PAGE 4 of 4) CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 STAFF REPORT Hearing Date: 3/13/2007 cM;rldi~ \ \ ,). IDAHO } TO: FROM: SUBJECT: Mayor & City Council Amanda Hess, Associate City Planner Normandy Subdivision . AZ-06-064 Annexation and Zoning of 27.05 acres (Medium Density Residential) zone · PP-06-065 Preliminary Plat of *W 109 single-family building lots and 7 common lots on 27.05 acres in a proposed R-8 zone . V AR-07-001 Variance to the block length standard (UDC 11-6C-3F) within a residential district 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The Applicant, RMR Consulting, Inc., has applied for Annexation and Zoning (AZ) of 27.05 acres from RUT (Ada County) to R-8 (Medium Density Residential) and Preliminary Plat approval of 110 single family residential lots and 7 common lots for Normandy Subdivision. The subject property is located on the west side of Locust Grove Road, approximately ~ mile north of Amity Road in Section 30, Township 3 North, Range I East, B.M., and is currently referenced as Assessor's Parcel Number 81130417300. The site has not been previously platted. The subject property is within the City's Area of Impact and Urban Service Planning Area. The gross density of the proposed development totals 4.06 dwelling units per acre. The application does not directly comply with the Comprehensive Plan Future Land Use Map for the site which designates the area as "Low Density Residential." However, the Comprehensive Plan does allow a step up or down for residentially designated properties. Per the Comprehensive Plan Future Land Use Map, the Commission and Council can consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. The proposed density is in accord with the proposed R-8 zoning district. The Commission should note that the Applicant has also applied for a Variance (V AR) to the residential block lengths standard, UDC 11-6C-3F, within the proposed Normandy Subdivision. Said application will be before City Council concurrent with the subject applications. 2. SUMMARY RECOMMENDATION The subject applications (AZ-06-064, PP-06-065, & V AR-07-00l) were submitted to the Planning Department for concurrent review. Staff has provided a detailed analysis and recommended conditions of approval for the requested Annexation and Zoning, Preliminary Plat, and Variance applications. Staff is recommending approval of the proposed Normandy Subdivision subject to the conditions listed in Exhibit B of the Staff Report. The Meridian Planninl! and Zoninl! Commission heard these items on Februarv 1. 2007. At the public hearine the Commission moved to recommend approval to the City Council. Normandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-001 Page] CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13,2007 a. Summarv of Commission Public Hearine: i. In Favor: Matthew Schultz (Applicant) ii. In Opposition: None iii. Commenting: None iv. Written Testimonv: None v. Staff Presenting Application: Amanda Hess vi. Other Staff Commenting on Application: None b. Key Issues of Discussion by Commission: i. Transitioning of lot sizes to Reflection Ridge Subdivision to the south c. Kev Commission Cbanees to Staff Recommendation: i. Removed Staffs Condition of Approval 1.2.5 which states. "Eliminate one building lot from the grOUp of lots. one through seven. Block 3. and increase the square footage of adiacent lots for a total minimum of 8.000 square feet. Maximum number of buildable lots shall be 109. " d. Outstandioe Issue(s) for City Council: i. Staff still supports the removal of one building lot from the aforementioned grouping. to provide a better transition to the south. The Meridian City Council beard tbese items on March 13_ 2007. At the DubUc hearin~ thev moved to aQDrove the subiect annlications. a. Summary of City Council Puhlic Hearin~: i. In Favor: Matthew Schultz (Aoolicant) ii. In Oooositig~ iii. .Gommrnting: None iv. Written Testimonv: None v. Staff Presenting Application: Anna Canning vi. Other Staff Conlffientina on Application: NQn.e b. Kev Issues of Discussion bv Council: i. Transitioning olli sizes to Reflection..Ridge Subdivision to the sQillh ii. Whether :thkseeoal!e beds 10~ili1hinJhe commo1lllrea will render t~oac~usabk c. Kev Council Chanpes to Commission Recommendation: i. Reinstated Staffs Condition of AporQYall.2.5 which states. "ElimiI1f@ oneJrnildinl! lot ~:thk llfOUO of lots. one ..thr.ough seven. Block 3. and.iIlIT~ the sauare foota~ ~~1s..lor a total minimum of 8.000 sauare feet. Maximmn nuD:ll2kr of buildahk krtuhall be l1l2~ 3. PROPOSED MOTIONS Approval After considering all Staff, Applicant, and public testimony, I move to approve File Numbers AZ-06- 064, PP-06-065, and VAR-07-001, as presented in the staff report for the hearing date of March 13, 2007, with the following modifications to the conditions of approval: (Add any proposed modifications.) Denial After considering all Staff, Applicant, and public testimony, I move to deny File Numbers AZ-06- 064, PP~06.065, and V AR-07-001, as presented during the hearing on March 13, 2007, for the following reasons: (State specific reasons for denial of the annexation and/or preliminary plat, and/or variance request.) Nonnandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-001 Page 2 CITY OF MERIDIAN PLANNING DEPARTMENT STAfF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 Continuance After considering all Staff, Applicant, and Public testimony, I move to continue File Numbers AZ-06- 064, PP-06-065, and V AR-07-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (State specific reason(s) for a continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: 4145 S. Locust Grove Road Meridian, ill 83642 Section 30, T3N, RIE b. Applicant: RMR Consulting, Inc. 2127 S. Alaska Way Meridian, ill 83642 c. Owner: James Patterson 9362 Wichita Street Boise, ill 83709 d. Representative: Matt Schultz, RMR Consulting, Inc. e. Present Zoning: RUT (Ada County) f. Present Comprehensive Plan Designation: Low Density Residential g. Description of Applicant's Request: 1. Date of Preliminary Plat (See Exhibit A): Dated November 15, 2006 2. Date of Landscape Plan (See Exhibit A): Dated December 12, 2006 h. Applicant's Statement/Justification: The proposed annexation, zoning, and preliminary plat application carefully considered all aspects of the Comprehensive Plan, Zoning Ordinance, site location, surrounding neighbors, and the housing market in Meridian to develop a quality residential development. The proposal complies with the intent of the Comprehensive Plan and the requested zoning for the development. Please see Applicant's narrative for more information. 5. PROCESS FACTS a. The subject application will, in fact, constitute an annexation and/or rezone as determined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. b. The subject application will, in fact, constitute a preliminary plat as detennined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. c. The subject application will, in fact, constitute a variance as detennined by City Ordinance. By reason of the provisions of the Meridian City Code, Title 11, Chapter 5, a public hearing is required before the City Council on this matter. Normandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-001 Page 3 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13,2007 d. Newspaper notifications published on: January 15, 2007, & January 29,2007 (Planning & Zoning Commission) February 19,2007, & March 5,2007 (City Council) e. Radius notices mailed to properties within 300 feet on: January 5,2007 (Planning & Zoning Commission) February 16, 2007 (City Council) f. Applicant posted notice on site by: January 29,2007 (Planning & Zoning Commission) March 3, 2007 (City Council) 6. LAND USE a. Existing Land Use(s): One existing home and agricultural land. b. Description of Character of Surrounding Area: A mix of single family residential and vacant agricultural land, some of which has recently been proposed for residential development in the city. c. Adjacent Land Use and Zoning: 1. North: Chatsworth Subdivision, zoned R-8; Pisa Place Subdivision, zoned R-8 2. East: Rural residential, zoned RUT (Ada County) 3. South: Reflection Ridge Subdivision, zoned R-4; Rural residential, zoned RUT (Ada County) 4. West: Reflection Ridge Subdivision, zoned R-4 d. History of Previous Actions: N/ A e. Existing Constraints and Opportunities: 1. Public Works Location of sewer: This property is proposing sewer to Chatsworth Subdivision to the north. Location of water: This property is proposing water service to via extension of mains in Chatsworth Subdivision, Locust Grove Road, and Reflection Ridge Subdivision. Issues or concerns: The Applicant is proposing sewering to mains that are temporarily flowing out of shed. The Applicant shall be responsible for the installation of an-off peak pumping station, if they plan on developing prior to the Black Cat Trunk connecting to the Glacier Springs Diversion Manhole. 2. Vegetation: Existing trees should be retained, mitigated for, or relocated on site 3. Floodplain: N/ A 4. Canals/Ditches/Irrigation: Ridenbaugh Canal runs along the southern property boundary 5. Hazards: N/A 6. Proposed Zoning: R-8 7. Size of Property: 27.05 acres f. Subdivision Plat Information: Normandy Subdivision - AZ.06-064, PP-06-065, & V AR-07-001 Page 4 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13,2007 1. Residential Lots: 11 0 2. Non-residential Lots: 0 3. Total Building Lots: 110 4. Common Lots: 7 5. Total Lots: 116 6. Open Lots: 0 7. Residential Area: 27.05 acres 8. Gross Density: ~4.06 units per acre (5.32 net density) 9. Lot Sizes: Lot sizes range from 5,200 square feet to approximately 12,000 square feet. The average lot size is approximately 6,500 square feet. g. Landscaping: 1. Width of street buffer(s): Locust Grove Road is classified as an arterial road. The UDC (Table 11-2A-5) requires a 25-foot wide street buffer adjacent to arterials. The landscape plan proposes a 25-foot wide buffer along Locust Grove Road. 2. Width ofbuffer(s) between land uses: N/A 3. Percentage of site as open space: 4.2 acres (15.5%) 4. Percentage of site as useable open space: 1.41 acres (5.6%) 5. Other landscaping standards: Landscaping adjacent to micropaths should comply with UDC 11-3B-12. Common / open space lots should include at least one deciduous shade tree per 8,000 square feet (UDC 11-3G-3-E2). h. Proposed and Required Non-Residential Setbacks: As per the R-8 zone for detached single family dwellings. 1. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): The primary access to the development will be from a proposed public street intersecting Locust Grove Road. The access, Alencon Street, is located approximately 800 feet south of the Y2 mile section between Amity and Victory Roads. The secondary accesses to the development will be via Picasso Avenue, a public stub connection constructed with the Chatsworth Subdivision at the north property boundary; and via Reflection Ridge Drive, a public stub proposed with the Reflection Ridge Subdivision to the south. ACIID is supportive of the proposal as long as all Site Specific and General Requirements are met. (See Exhibit B-7) 7. COMMENTS MEETING On January 12, 2007, Planning Staff held agency comments meetings. The agencies and departments present included: Meridian Fire Department, Meridian Police Department, Meridian Parks Department, and the Meridian Public Works Department. Staff has attached all comments and recommended actions as Conditions of Approval in the attached Exhibit B. 8. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Low Density Residential" on the Comprehensive Plan Future Land Use Map. Low density residential areas are anticipated to contain single family residences at densities up to three dwelling units per acre. (See Page 95 of the Comprehensive Plan) The proposed Preliminary Plat includes 110 residential building lots on 27.05 acres for a gross density of 4.06 dwelling units/acre. The proposed density is in accord with the proposed R-8 zoning district. The gross density is not within the low density Nonnandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-001 Page 5 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13,2007 range outlined in the Comprehensive Plan. As stated above, the application does not directly comply with the Comprehensive Plan Map designation. However, the Comprehensive Plan does allow the Conunission and Council to consider residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. This development would be considered a "step up" in density, from low to medium. Staff is supportive of a step up in density for this project. The following Comprehensive Plan policies apply to this application (staff analysis in italics below policies): . Chapter VII, Goal III, Objective A, Action 1 - Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian plans to provide municipal services to the lands proposed to be annexed in the following manner: . Sanitary sewer and water service will be extended to the project at the developer's expense. . The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed, the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. . The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). . The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. . The subject lands are currently serviced by the Meridian School District #2. This service will not change. . The subject lands are currently serviced by the Meridian Library District. This service will not change and the Meridian Library District should suffer no revenue loss as a result of the subject annexation. Municipal, fee-supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. . Chapter VI, Goal II, Objective A, Action 3 . Consider "Acconunodating Bicycle and Pedestrian Travel: A Reconunended Approach" from the National Center for Bicycling and Walking in all land-use decisions. This publication encourages jurisdictions to establish bikeway and walkway facilities in new construction and reconstruction projects, in a manner that is safe, accessible and convenient. Staff believes that the subject applications comply with the policies listed in the literature noted above. . Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a conununity pathway system. Staff is supportive of the proposed pedestrian connections to future adjacent subdivisions via public streets and stub connections, in addition to the proposed internal micropathway system. . Chapter VII, Goal IV, Objective C, Action 1 . Protect existing residential properties from incompatible land use development on adjacent parcels. Normandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-001 Page 6 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13,2007 Stafffinds that the residential developments to the north and south are generally compatible with the proposed subdivision. However, Staff believes that Lots 1-7, Block 3, which are proposed along the southwest boundary, do not appropriately transition with that provided by Reflection Ridge across the Ridenbaugh Canal. Staff believes that the lot sizes proposed along this boundary should be increased. . Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A, Action 6) The subject development utilizes two existing stub connections provided by the adjacent subdivisions, Chatsworth Subdivision and Reflection Ridge Subdivision. Staff recommends that the Commission and Council rely on any verbal or written testimony that may be provided at the public hearing when determining if the Applicant's zoning and development request is appropriate for this property. 9. ZONING ORDINANCE a. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as a Permitted Use in the R-8 zone. b. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. 10. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation ANNEXATION ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code. (Please see Comprehensive Plan Analysis above for the Applicant's requested step up in density, from low to medium - R-8 zoning) Staff believes that this is a suitable location for the proposed single-family development. Please see Exhibit D for detailed analysis of the required facts and findings for annexation. The annexation legal description submitted with the application (prepared by Michael Marks, PLS, on October 23, 2006) shows the property as contiguous to the existing corporate boundary of the City of Meridian. All future uses on this property should 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, fwnes, glare or odors, and should be constructed in accordance with City of Meridian ordinances in effect at the time of development. Special Considerations: Development Agreement: UDC 11-5B-3D2 and Idaho Code 9 65-6711A provides the City the authority to require a property owner to enter into a Development Agreement (DA) with the City that may require some written commitment for all future uses. As there are no issues regarding annexation of the subject property which necessitate a Development Agreement, Staff believes that a DA is not needed in this instance. All applicable Normandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-001 Page 7 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13, 2007 conditions regarding the development of this property are contained in the preliminary plat approval. PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the Comprehensive Plan and the general compliance of the proposed development with the Unified Development Code, Staff believes that this is a suitable location for the proposed single-family subdivision. Please see Exhibit D for detailed analysis of facts and findings for a preliminary plat. 1. Access: The Applicant has proposed a public street from Locust Grove Road as the primary access to the subject development. Chatsworth Subdivision and Reflection Ridge Subdivision, although not fully developed at this time, have supplied CottswoId Villages with two stub street connections, thus providing Normandy with two additional access points to the north and south City and ACHD Staff are generally supportive of the proposed public street access, as proposed. 2. Internal Streets: Internal streets sections are proposed to be at least 36 feet wide with rolled curbs, gutter, and 5-foot concrete sidewalks. The Applicant should note that "Line A" Street, the extension of the stub connection provided by Reflection Ridge Subdivision, must be renamed to "Reflection Ridge Drive," as the final plat for Reflection Ridge has been recorded and naming for this street already established. 3. Lot Sizes: In order for the project to better comply with the policies outlined in the Comprehensive Plan, Staff is supportive of eliminating one building lot at the southwest property line; specifically, within the grouping of Lots 1-7, Block 3. This reduction in the number of lots would address Staff's concerns over the transitioning of lot sizes from this development with that across the canal within the Reflection Ridge Subdivision, where the building lots total 9,600 square feet. 4. Elevations: The Applicant has not provided Staff with sample elevations of the housing products to be constructed within the Normandy Subdivision. Staff recommends that the Applicant bring prospective elevations to the Planning & Zoning Commission hearing. 5. Landscaping: The Applicant has supplied 4.2 acres (15.5%) of landscaped open space, meeting the 5% minimum required by UDC 11-3G-3A-l. Of the 4.2 acres of open space provided, 1.41 acres (5.6%) is considered useabIe open space. The majority of open space is provided in the form of central common area on Lot 5, Block 4, with a tot lot and basketball courts. Staff is generally supportive of the proposed landscape plan prepared by Jensen Belts Associates, no label, and dated 12/12/2006. The plan shall demonstrate compliance with the following standards. Per UDC 11-3A-8, all micropaths shall be a minimum of 5 feet wide with 5 feet of landscaping on either side of said paths. All landscaping adjacent to Locust Grove Road should conform to the requirements of UDC 11-3B-7. All common areas approved as open space shall be vegetated and usable by residents. Maintenance of all common areas shall be the responsibility of the Normandy Homeowners Association. Nonnandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-00l Page 8 CITY OF MERIDIAN PLANNING DEPARlMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13,2007 5. Micropathways: Four micropath cOlUlections are proposed within Normandy. This provides for better pedestrian accessibility within the development to the centralized common area as well as the future multi-use pathway on the south side of the Ridenbaugh Canal (being constructed by the developer of Reflection Ridge). The Police Department has concerns related to visibility along all micropathways and requests the Applicant provide sufficient lighting along the micropathway. All micropaths shall be constructed in accordance with UDC 1l.3A-8. Landscaping adjacent to all micropaths should comply with UDC 11.3B. Maintenance of all micropathways shall be the responsibility of the Normandy Homeowner's Association. 6. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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, a single-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 fmal 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. 7. Fencing: The Applicant is proposing six-foot vinyl fencing along Locust Grove Road, five-foot vinyl-coated fencing along the Ridenbaugh Canal, and five-foot wrought iron fencing adjacent to the central common area and all micropathways. There is existing six-foot vinyl fencing installed at Normandy's north property boundary provided by the Chatsworth Subdivision, an existing development. The Applicant should submit a detailed fencing plan with the final plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All perimeter fencing must be completed prior to issuance of building permits. Fencing should taper down to a 3 foot maximum within 20 feet of all rights-of-way. Fencing adjacent to the common areas and the micropathway is also required. Said fencing can be up to six feet in height, if open vision. If closed vision is used, it calUlot exceed four feet in height. All fencing shall be installed in accordance with UDC 11-3A -7. 8. Ditches, Laterals, and Canals: As per UDC 11-3A-6, all irrigation ditches, laterals, or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered, excepting the Ridenbaugh Canal. 9. Tree Mitigation: Any existing, on-site 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 those removed. Required landscaping trees will not be considered as replacement trees for those that are removed. The Applicant should coordinate a mitigation plan with Elroy Huff at the Meridian Parks Department. 10. Existing Structures: The site currently contains multiple buildings. All existing structures that are to remain shall comply with the dimensional standards (setbacks, house size, etc.) of the R-8 zone. Prior to signature of the final plat, all structures that do not meet the dimensional standards should be removed. VARIANCE ANALYSIS: Normandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-001 Page 9 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13,2007 The Applicant(s), RMR Consulting, Inc., has requested a variance from the UDC 11-6C-3F standard to allow a few residential block lengths within the proposed Normandy Subdivision to exceed the maximum 750-foot block length. The proposed subdivision has two blocks that exceed the 750~foot block length; Block I (900 feet) and Block 2 (875 feet). The location of approved stub streets and the lack of provision of pedestrian walkways in the surrounding subdivisions do not allow these blocks to be broken up by street connections or pathways. Therefore, Staff is supportive of the Applicant's variance request. To grant a variance, City Council must make the following findings: . The variance shall not grant a right or special privilege that is not otherwise allowed in the district; . The variance relieves an undue hardship because of characteristics of the site; and . The variance shall not be detrimental to the public health, safety, and welfare. Staff finds that the developments surrounding the proposed Normandy Subdivision do not provide stub connections or pedestrian pathways to allow Blocks 1 and 2 to meet the 750-foot block length standard in accordance with the UDC. Staff fmds that requiring a stub-street or a pathway within Blocks I and 2 would not be of any benefit to the City, and would be unreasonable and unpractical, as they would never connect to adjacent developments. Therefore, Staff is reconunending approval of the Variance application. Please see Exhibit D below for detailed Findings regarding the requested variance. b. Staff Reconunendation: Based on the above analysis, Staff finds that applications AZ-06-064, PP-06~065 and V AR 07-001 substantially conform to the Comprehensive Plan policies and UDC standards. Staff recommends approval of said AZ, PP, and V AR applications subject to the conditions listed in Exhibit B. The Meridian Plannine and Zonine Commission heard these items on Februarv 1. 2007. At the public hearine the Commission moved to recommend approval to the City Council. The Meridian City Council heard these items on March 13. 2007. At the DubHc hearing thev moved to annrove the subject annlications. 11. EXHmITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (Dated November 15,2006) 3. Landscape Plan (Dated December 12, 2006) B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company Normandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-001 Page 10 CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF MARCH 13,2007 7. Ada County Highway District 8. Nampa & Meridian Irrigation District 9. Central District Health Department C. Legal Description and Annexation Map D. Required Findings from Unified Development Code Normandy Subdivision - AZ-06-064, PP-06-065, & V AR-07-00l Page 11 A. Drawings 1. Vicinity Map Ii L.,(ii , " ~v I -j '~- Exhibit A 2. Preliminary Plat (Dated November 15, 2006) ii 1\1" " ",II i .. 4_ i.~,'.i ~ k,; i"- ;.i, "i,...._...'\ ' ii ~ ; l i I I' :I. ~ Exhibit A . .d. ,,,~;', ~' ,I . 01 .II! "II I/:Jbi _ I "/;':1" '.' ,: . .~ . " , .1"..eII' :' . ., "." >, '. I' "i11f:' , " .. .; " . ,j., ::, , . :-1" \'1" ',:';' , " (,', '; .':* " j,' ". . {", ' : l :"; ~. . y : I :' ~. :"' _I,. ,.". ,~, I 3. Landscape Plan (Dated December 12, 2006) Exhibit A za '< Q", ......' " , "WI , .... - ... ~. ~I!C - .' >"~' . '" -t o '.:Q =': U') ,)- Q ~ <(, 1": '~" o z:.' 1.3 GENERAL REQUIREMENTS-PRELIMINARY PLAT 1.3.1 Sidewalks/walkways shall be installed within the subdivision and on Locust Grove Road pursuant to UDC 11-3A-17. 1.3.2 All lot lines conunon to a public right-of-way shall reserve a 10' utility easement. 1.3.3 The Applicant shall comply with the outdoor lighting standards shown in UDC ll-3A-ll. 1.3.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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, a single-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 ll-3A-15 and MCC 9-1-28. 1.3.5 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. Where the Applicant has submitted a preliminary landscape plan and where Staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by Staff. 1.3.6 The Applicant shall submit a fencing plan with the [mal plat application for the subdivision. If permanent fencing is not provided, temporary construction fencing to contain debris must be installed around the perimeter prior to issuance of a building permit. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing should be installed in accordance with UDC ll-3A-7. 1.3.7 Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalent number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that have to be mitigated. 1.3.8 Staff's failure to cite specific ordinance provisions or terms within the approved annexation / preliminary plat does not relieve the Applicant of responsibility for compliance. 1.3.9 Preliminary plat approval shall be subject to the expiration provisions set forth in UDC ll-6B-7. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed VIa extension of mains in Chatsworth Subdivision. These mains are temporarily flowing out of shed, therefore the Applicant shall wait to sewer this property until the Black Cat Trunk connects to the Glacier Springs Diversion Manhole, or be responsible to install an Off-peak Pumping Station. The design and location of the pumping station shall be coordinated with the Public Works Department. This condition may be rescinded by the City Engineer if information arises from ongoing modeling exercises, or other subsequent sources. 2.2 The Applicant shall install sewer mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.3 Water service to this site is being proposed via extension of mains in Chatsworth Subdivision, Exhibit B Reflection Ridge Subdivision, and Locust Grove Road. The Applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.4 The Applicant shall be required to connect to the water main in Reflection Ridge Subdivision. 2.5 Lot 13, Block 5, does not meet the minimum frontage requirements; the Applicant shall revise the plat so that all lots meet the minimum dimensional standards. 2.6 Any potential reimbursement agreements must comply with all requirements of City Code 9-1-13 and 9-4-19, which includes the preliminary agreement (which includes footage, size, and depth of reimbursable pipe) being finalized prior to construction plan approval. The detailed agreement with the reimbursable amount shall be approved by Council prior to plat signature. 2.7 The Applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 2.8 The Applicant has not indicated who will own and operate the pressure irrigation system in this proposed development. If it is to be maintained as a private system, plans and specifications will be reviewed by the Public Works Department as part of the construction plan review. A "draft copy" of the operations and maintenance manual will be required prior to plan approval with the "final draft" being required prior to final plat signature on the last phase of this project. If it is to be owned and maintained by an Irrigation District, then a letter of plan approval shall be submitted prior to scheduling of a pre-construction meeting. 2.9 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (UDC 11-3A-6). The Applicant should be required to use any existing surface water for the primary source. If a surface source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. 2.10 All existing structures not meeting setbacks or meeting the dimensional standards of the UDC shall be removed prior to signature on the [mal plat by the City Engineer. 2.11 Meridian Public Works specifications do not allow any large landscaping within a five foot radius of water meters. The Applicant shall make the necessary adjustments to achieve this separation requirement and comply with all landscape requirements. 2.12 Prior to signature on the final plat by the City Engineer, any existing domestic wells 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. 2.13 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, exclusive of natural waterways, that intersect, cross or lie within the area being developed shall be tiled. 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 prior to plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 2.14 Street signs are to be in place, water system shall be installed and activated, sewer system shall have passed air-testing and video inspection, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building pennits. 2.15 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted required improvements prior to signature on the final plat. These include but are not limited to, Exhibit B fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, and water. 2.16 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. 2.17 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 2.18 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. 2.19 Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Enviromnental Protection Agency. 2.20 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.21 Developer shall coordinate mailbox locations with the Meridian Post Office. Where mailboxes are located on or near sidewalk the applicant shall comply with all American with Disabilities Act requirements for unobstructed sidewalk access. 2.22 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. 2.23 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 I-foot above. 2.24 One-hundred watt, high-pressure sodium streetlights, on 25' pole shall be required on all public residential streets. Two-hundred and fifty watt high pressure sodium streetlights, on 30' pole shall be required on subdivision entrances and collector roadways. Design of the streetlights shall be approved by the Public Works Department. Decorative lights require a streetlight agreement on file with Public Works prior to activation. All streetlights shall be installed at the subdivider's expense. Typical locations are at street intersections and/or fire hydrants, and no further than 400' distance in between locations. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain approval from the Public Works Department, and permit from Building Department prior to commencing installations. 3. FIRE DEPARTMENT 3.1 One and two family dwellings not exceeding 3600 square feet will require a fITe-flow of 1,000 gallons per minute available for duration of 2 hours to service the entire proj ect. One and two story family dwellings 3600 square feet and greater will require a fITe flow of 1500 gallons per minute. Fire hydrants shall be placed an average of 500' apart. (International Fire Code Appendix C) 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 fITe hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 Yz" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. Exhibit B 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 150 feet in length that is not provided with an outlet shall be required to have an approved turnaround. Phasing of the project may require a temporary, approved turnaround on streets greater than 150 feet in length with no outlet. 3.5 All entrance and internal roads, and cul-de-sacs shall have a turning radius of 28' inside and 48' outside radius. 3.6 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. 3.7 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. 3.8 The proposed 1l0-10t subdivision with an estimated 2.9 residents per household would have a total estimated population of 319 residents at build out. 3.9 All portions of the buildings located on Lot 8, Block 3, and Lots 14 & 15, Block 1, must be within 150' of a paved sunace as measured around the perimeter of the buildings. 3.10 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4. POLICE DEPARTMENT 4.1 Interior fencing adjacent to common areas and micropathways shall allow visibility from the street and shall not exceed four feet in height is solid fencing is used. 4.2 All micropathways shall have adequate lighting to allow visibility from the street. 4.3 The Police Department requests that, within the common park area, all shrubbery be restricted to two (2) feet in height or less and all tree canopies to six (6) feet in height or taller. 5. PARKS DEPARTMENT 5.1 Standard for Mitigation of Trees: The standard established in the City of Meridian Landscape Ordinance (UDC II-3B-IO) will be followed. 5.2 Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance (UDC Il-3B-lO) will be followed. 6. SANITARY SERVICES COMPANY 6.1 SSC has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC REQUIREMENTS Exhibit B 7.1.1 7.1.2 7.1.3 7.1.4 7.1.5 7.1.6 7.1.7 7.1.8 7.1.9 7.1.10 7.1.11 7.1.12 7.2 7.2.1 7.2.2 7.2.3 7.2.4 Exhibit B Dedicate right-of-way from the centerline of Locust Grove Road to total 35 feet abutting the parcel. 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 pennit (or other required pennits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. Construct a 5-foot concrete sidewalk located a minimum of 28 feet from the centerline of roadway (measured from the face of walk to the centerline of the roadway). Provide a road trust to the District in the amount of $1 ,250 for the future construct on sidewalk on the existing bridge south ofthe site on Locust Grove Road. Construct a right-turn lane on the southbound approach on Locust Grove Road. Coordinate the design and construction ofthe right-turn lane with District Traffic Services Staff. Construct the internal streets as a standard 36-foot street section with curb, gutter, and 5-foot attached concrete sidewalk within 50 feet of right-of-way. Construct one cul-de-sac turnaround with no center landscape island, as proposed. Provide a minimum turning radius of 45-feet for the cul-de-sac turnaround. Locate the entry road intersecting Locust Grove Road approximately 850-feet south of the north property line (measured property line to centerline). Construct a stub street to the north, Picasso Avenue, located approximately 563-feet east of the west property line of (measured property line to centerline). This is an extension of a stub street previously approved as part of Chatsworth Subdivision. Full aligmnent (centerline to centerline) of the two streets is required. Construct a stub street to the south, Line A, located approximately 563-feet south of the north property line (measured property line to approximate centerline). This is an extension of a stub street previously approved as part of Reflection Ridge Subdivision. Full alignment (centerline to centerline) of the two streets is required. Design and construct the full crossing of the Ridenbaugh Canal with the construction of the stub street to the south. Submit the bridge plans for the crossing of the Ridenbaugh Canal (Line A) for review and approval prior to the pre-construction meeting and plat approval. The District will release the road trust funds collected from Reflection Ridge Subdivision to the Applicant. Coordinate the design of the canal crossing with District Development Review Staff. Other than the access specifically approved with this application, direct lot access is prohibited to this roadway and shall be noted on the final plat. Comply with all Standard Conditions of Approval. GENERAL REQUIREMENTS Existing irrigation facilities shall be relocated outside of the right-of-way. Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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. Comply with the District's Tree Planter Width Interim Policy. 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. 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 ofIdaho shall prepare and certify all improvement plans. 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. Payment of applicable road impact fees is required prior to building construction in accordance with Ordinance #200, also known as Ada County Highway District Road Impact Fee Ordinance. 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 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. 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. Any change by the applicant in the planned use of the property which is the subj ect 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 subj ect 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. 8. NAMPA & MERIDIAN IRRIGATION DISTRICT 7.2.5 7.2.6 7.2.7 7.2.8 7.2.9 7.2.10 7.2.11 7.2.12 7.2.13 8.1 Coordinate with John Anderson, Water Superintendent for NMID, concerning installation of the underground, pressurized irrigation system. 8.2 All storm drainage shall be retained on-site. If surface drainage cannot be contained on site, contact Donna Moore at 466-7861, as a Land Use Change Application must be filed for review prior recording of the final plat. 8.3 All laterals and wasteways must be protected. 8.4 The developer must comply with Idaho Code 31.3805. 9. CENTRAL DISTRICT HEALTH DEPARTMENT 9.1 After written approvals from appropriate entities are submitted, we can approve the proposal for central sewage and central water. 9.2 The following plans must be submitted to and approved by the Idaho Department of Health & Exhibit B Welfare, Division of Environmental Quality: central sewage and central water. 9.3 Run-off is not to create a mosquito breeding problem. Exhibit B c. Legal Description and Annexation Map MlCRJPnONFOM ~DVSU"'" OCTOElER 23. 2008 Itl..., ..L OFLANQ .lfrO~~flT~ OFTHI:'. '~..l'.'OFS~ON 30. . IP 3 HORllf,RANClS'1 !AST'OF THE IlOI$e'MeRlOIAN ADA . . . .... .. I . j ,1. IDAHO. BEING MORE PAMTICUl.AALyQ89ORISED AS FOLLOWS: "_ I." ' . \.- ." ',' . , ' ,,' i' ,,' C~ATTHENOR'11EASTCORNER ..:8l: % (EAST % CO'-J':OF'SECTION 30. T.3'N.. Fl1E. a~., ThtSRQLPOINT OF _<>P1'HI$DE$QlltIPTION; . : lli.II;S.~ t;~~.p:eEf AlONG 11iE.tAlftJNE OF SAID .'CU=~30 TO A POiNt: ' TNJ5" . . , "(lffTHliRIDEHBAUGH .~. ..QN",~~,..., ~;r~ CENT'ERLIt!IE.OF THl:RI~,~.'Mt4AL THE FOLLOWING: nteNCS,S 59OS3W'W:208.6'1 FEeT TOA POfNl'iQfH.lUIWATURE; . ._7~ 12 FElT Q!t.A:QUF.M: TO THE RIGIiff.JiNPCURVE HAVING A ". . ,. a:oA~==~~::W&~::~~r: POINT'''T~ENCY; .. ~N 650t6'56- W 4OS..'E;EETTOA POJNT.aR:OURYATURE; " '~69 Fe~ O".~:Qt,lRvIS TOTHf~~O.CURVE HAVJNGA . '.., .100.00~.A_TAANQLEOF1~~~.ATMGENTOF 120J;j:,.. ANDA.OMoAD.:~N56WWW;anJi3FEETTOA PCilfi:'.TANGENCV.;. ~,JlI'46o~t43" W98t~,,~TOA POINTONTHEMORTH LINE OF THE:." OF BAlD $EC'f1QN... . . . .. '. . ..~ L6A~:TffE ceNTSItUNi:OF THE RtpEN8AlJGH,CNW.: N W43'", e 1'.~' FEET ALONG 8AIU~~ UN! TO THE ..... I OF ~T:HtS . .COMPRJStNG~05 ACAJiI1 mu... . ' '. . " - . BY DEe 1 3 ZOO6 l~ , ME610lAft fJUB!JC . ,...ORKS PEPT. Exhibit C ~w J .. lI: ~ t ~ , . " . l t.: 11 : iq : It : I I i I '11 I '1 'I j II ' I lq '\",'~'.., .~~ =~Ti -""... '. ...., ~ Q '\. X,_! I -< III",.. \"... l ~:.t ". i '.,'\! . .. ',1 ..~ .,~27~Q5 ACRES ~ '1<.- ";"~~,. ~fr=~ I ".' '''', NE iSlE i ' II) I -'''. " ,i.,: is I"\. 9 I >40"". .\"...... "I : ~ "' ~;. I " , ;., ~"" . ~ : I '.~ .....~ I · '". I t .. ~ " ,,~~ rI~ ~ · I .... .,........ _#~ I : 1~ ...."....-.. ~....,,., .....'__,..~e~'.'..'.#~; ....h'l .-, ;/ :11 .~"-~ .."; I ...", . ...... I 'ft .I'H8AUGH CANAL . ------.. III III _.. ...."g ill '. . ". III __ _ ..... '. .' .... .... . '. .' ....: _ __ __ --:._ ._. - -J I . --'---- _'_ . ." I . . .,' ..... . .... I I I t 1 f i i t _.. '.': .i,.' .YA~ 89 ' ~ "M" " ' DEe '3 2006 ..~ I . SW I SEt ~~ a . .f .$t.;}t. 4 '\:. suu:: ....,. ANNEXATioN EXHIBIT rOO N'Q$M_r';'QJQDI~S1ON . t,N nfE Sf: 1'+ ,OF. .' d:rft;n^'" .-&\. 3N ail: .- , . ..('.' '~"~ .~. T. '''i9':' ~I?' . ADA COfJNTV. IDAHO Exhibit C D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Conncil shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to zone the subject property R-8 (Medium Density Residential). The Council finds that the proposed zoning map amendment generally complies with the applicable provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of this Staff Report. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that single-family residences are allowed within the requested zoning district of R-8 as a Principally Permitted Use. The accompanying plat demonstrates the land will be developed with varying lot sizes and other dimensional requirements which conform to the proposed zoning designation. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. Staff and the Commission recommend the City Council rely on any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon delivery of services by any political subdivision providing services to this site, as conditioned in the staff report. e. The annexation is in the best of interest ofthe City (UDC 11-5B-3.E). The Council finds that all essential services will be provided by the developer to the subj ect property and will not require unreasonable expenditure of public funds. The Applicant is proposing to develop the land in general compliance with the City's Comprehensive Plan and this is a logical expansion of the City limits. The Council finds that Annexation and Zoning of this property to R-8 would be in the best interest of the City. 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 Council finds that the proposed application is generally compatible with the adopted Comprehensive Plan. The Council supports the proposed density and proposed plat layout, with recommended changes, as they generally comply with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate Exhibit D the proposed development; The Council fmds that public services can be made available to accommodate the proposed development. (See fmding Items 3 and 4 above under Annexation Findings for more details) 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 Council fmds 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 and the Commission recommend the Council rely upon comments from the public service providers (i.e., police, fIre, ACHD, etc.) to determine this fmding. (See Exhibit B, Agency Comments and Conditions, for more detail) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the development of this subdivision. ACHD considers road safety issues in their analysis. Staff and the Commission recommend the 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 and the Commission are unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic, or historic features on this site. Therefore, the Council fmds 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 and the Commission recommend the Council reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which Staff and the Commission are 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 restricts residential block lengths to a maximum of 750-feet. However, the Council fInds that the developments surrounding the proposed Normandy Subdivision do not provide stub connections or pedestrian pathways that allow Blocks 1 and 2 to meet the 750-foot block length standard in accordance with the UDC. The subject variance would not be granted but for the layout of the surrounding development. Further, the Council fInds that requiring stub-streets or pathways within Blocks 1 and 2 would not be of any benefIt to the city or future residents in this area and would be unreasonable and unpractical, as they would never connect to any future development. b. The variance relieves an undue hardship because of characteristics of the site; As noted above, the Council fInds that strict compliance with the City's Ordinances would not be of benefIt to the City, the surrounding property owners, or the Applicant. The adjacent developments have not provided street or pedestrian connections that would accommodate the aforementioned blocks at less than 750 feet. Based on the nature and location of street and pedestrian connections within adjacent developments, the Council fInds that strict compliance Exhibit D with the requirements ofUDC 11-6C-3F would result in undue hardship to the owner, subdivider, and / or developer. c. The variance shall not be detrimental to the public health, safety, and welfare. The Council finds that the proposed variance will not be detrimental to the public health, safety, or welfare. However, Staff recommends that the Council rely on any oral or written testimony that may be provided when determining this finding. Exhibit D