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HomeMy WebLinkAboutSettlement Bridge Sub CUP03-065January 12, 2004 CUP 03-065 MERIDIAN PLANNING 8~ ZONING MEETING January 15, 2004 APPLICANT Capital Development ITEM NO. ~ O REQUEST Public Hearing -Request for Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R$ zone for proposed Settlement Bridge Subdivision - 2205 East McMillan 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: Contacted: , ~~ ~/Q,Q Emailed: COMMENTS See attached Staff Comments ~car~-'~'`~rt of A~c~~ G~ See attached Comments See attached Comments No Comment Date: presented of public meefinpa shall become property of 1h~G'~ty of Meridian. HUB OF TREASURE VALLEY MAYOR Robert D. Come A GOOd Ptace t0 L1V0 LEGAL DEPARTMENT CITY COUNCIL MEMBE CITY OF MERIDIAN (208) 466A272 • Fax 466-4403 RS PUBLIC WORKS Tammy deWeard 33 EAST IDAHO BUILDING DEPARTMENT Kash Bird MERIDIAN, IDAHO 83642 (208) 898-SSOD ~ Fax 887.1297 Cherie McCandless (208) 888-4433 • FAX (208) 887.4813 PLANNING AND ZONING William L.M. Nary City Clerk Office Fax (208) 8884218 DEPARTMENT (208) 884-5533 ~ FAX 888.6554 STAFF REPORT: Transmittal Date: January 9, 2004 P&Z Hearing Date: January 15, 2004 To: Mayor, City Council and Planning & Zoning Commission ~ ~ ('1 ~ T~ 7~ Tl From: Craig Hood, Associate City Planner ~~ 1;~N 2 3 2004 Bruce Freckleton, Senior Engineering Tech City OFMeridian Re: Settlement Bridge Subdivision ('.ity Clerk Office • Annexation and Zoning of 70.64 Acres from RUT (Ada County) to R-8 (Medium Density Residential), by Capital Development, Inc. (File No. AZ-03- 035). • Preliminary Plat Approval of Two Hundred Sixty-Six (266) Building Lots and Thirty-Four (34) Other/Common Lots on 70.64 Acres in a Proposed R-8 Zone, by Capital Development, Inc. (File No. PP-03-041). • Conditional Use Permit Approval for a Planned Development of Attached and Detached Single-Family Homes on 70.64 Acres, with Reduced Lot Frontages, Reduced Lot Sizes, a Substandard Cul-de-sac Length, and a Sidewalk Variance along McMillan Road, by Capital Development, Inc. (Fide No. CUP- 03-065). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SU11-Il~IARy The Applicant, Capital Development, Ixlc., has applied for Annexation and Zoning (AZ), Preliminary Plat (PP) and Conditional Use Pernut/Planned Development (CUP/PD) approval of two hundred sixty-six (266) single-family residential building lots and thirty four (34) other/common lots on 70.64 acres. Of the 266 buildable lots, 168 will be for single-family detached units, and 98 will be for single-family attached dwelling units. The site is located on the east side of Locust Grove Road and on the south side of McMillan Road, south and east of an Idaho Power Company substation. The Applicant is proposing to develop the site in six phases. The net density of the proposed development is 4.9 dwelling units per acre. The gross density of the proposed development is 3.7 dwelling units per acre. The proposed density is in accord with both the proposed R-8 zoning district and the Comprehensive Plan which designates this area AZ-03-035, PP-03~a41, CUP-03065 SeWmiant ®idge.AZ.PP.CUP Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 2 "Medium Density Residential." The Applicant is requesting reduced lot sizes, reduced lot frontage, a substandard cul-de-sac length, and a sidewalk variance along McMillan Road. These proposed modifications aze detailed below. R 8 Zooe• Lot Size- City Requirements Pro osed 6,500 sq. ft. 5,250 sq. ft. (detached minimum) (detached minimum) 4,000 sq. ft. 4,031 sq. ft. (attached minimum) (attached minimum) Lot Frontage-City Requirements Pro os 65 feet (detached minimum) None with common driveways. Varies throughout. 40 feet (attached minimum) None with common driveway. Varies throughout. Cul-de-sac City Requirements Proposed Length- 450 feet (maximum) Approximately 950 feet (Swift WatedPier Place) In addition to the standards listed above, the Applicant is requesting alternative compliance for the required landscape buffer and sidewalk along McMillan Road (see Preliminary Plat Special Considerations below for a detailed analysis). The proposed PD amenities include: 3 tot lot/activity areas that are linked by a lineaz open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough. Further, the Applicant is proposing to preserve a portion of the landscaping, or grove area, surrounding the existing farm house. The amenities are depicted on the submitted landscape plan, and are described in the Applicant's letter accompanying the CUP/PD application. See CUP/PD Special Considerations below for a detailed analysis of the proposed amenities and the design thereof. The subject property is within the Urban Service Planning Area and essential City services can be made available to the subject property. Stcrfj' recommends approval of the subject annexation/zoning (AZ-03-035), preliminary plat (PP-03-041), arrd conditional use permit (CUP-03-065) with the conditions outlined in this report. LOCATION The subject site is located on the east side of Locust Grave Road, and on the south side of McMillan Road, in Section 32, Township 4 North, Range 1 East. A7A3935, PP-N-0dI, CUP-03965 SeVlemart fridge AZPP.CUP.dac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 3 SURROUNDING PROPERTIES North: Idaho Power Substation, currently zoned RUT (Ada Subdivision (across McMillan Road), zoned R4 (Ada County). South: Heritage Subdivision, zoned Rl (Ada County). East: Rural Residential/Agricultural, zoned RUT (Ada County). West: Havasu Creek Subdivision, zoned R-4. OWNER OF RECORD County)/Edinburgh Place The property owners of record are The John & Jeanne Tolk Trust and Lynne Sasso Tolk. john, Jeanne, and Lynee Tolk have provided notarized consent for Capital Developmern, Inc., to submit the subject applications. ANNEXATION & ZONING ANALY5I5 According to Meridian City Code (MCC) 11-15-11, General Sicmdcrrds Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standazds and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standazds found in 1 I-15-11 and analysis by staff: A. WTI 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; In Chapter VII of the Comprehensive Plan, "medium density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the requested zoning designation, R 8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential". B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and zoning application, the Applicant has submitted a preliminary plat proposing single-family lots on the subject site (Settlement Bridge Subdivision, PP-03-041). Staff does not anticipate that the Applicant plans to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed in the fashion that would be allowed under the new zoning -for example, a residential area turning into a commercial area by means of conditional use permits; nz-osou ram-oa,, cw-03ars s~drte~nz.er.cw.ao~ Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 4 Staff finds that the proposed single-family development could be allowed within the requested R-8 zone, (if the accompanying Conditional Use Permit for a Planned Development is also approved.) D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff fmds that the land to the north, south, and west have been .developed in a manner similar to the proposed subdivision, with single-family dwelling units. Edinburgh Place Subdivision #1 to the north has a gross density of 3.1 dwelling units per acre. Heritage Subdivision to the south has a density of approximately 1 dwelling unit per acre. Havasu Creek Subdivision to the west has a gross density of 3.5 dwelling units per acre. However, there have been no recent street improvements in the area. This section of McMillan Road is in ACHD's Capital Improvements Plan (CIP) for road widening in 2015. Locust Grove Road is not currently scheduled within ACHD's Five Year Work Program or Capital Improvemerns Plan (C1P) for roadway widening. Other urban services, such as sewer and water, are near to this site and the Applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similar to other properties in the area. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate io appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed R 8 zoning and subsequent residential use proposed with the concurrern preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. Staff also finds that the proposed zoning/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. The existing character of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. Staff does not find that the proposed zoning/uses will adversely change the essential character of azea. See Preliminary Plat Analysis below for further information. F. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, staff does not anticipate that the proposed zoning/uses will be hazardous to future or existing uses or neighbors in the area. Staff recommends that the Commission and Council rely on public nzoso3s,Pe-o3-oa.cura~oas sen~~e~azre.cw.ao~ Planninrou & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 5 testimony to determine whether the proposed use will be disturbing or hazardous to the neighboring uses as long as landscaping, fencing and the other conditions outlined in this report are complied with. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of sack services; The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department regarding their ability to adequately service this project. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project (see attachment). Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within the subdivision for a new well. The developer has indicated to staff that it may be possible to locate the well within the "Grove" common area. The developer and staff from the Public Works Department will continue to work on locating the well site. However, in the event that the City is unable to acquire the necessary land for the needed well, whether it be by donation or purchase, staff would recommend denial of this application utrtil such time that additional supply can be provided to the vicinity. This item is scheduled to be on the ACRD consent agenda on January 28, 2004. The ACRD staff is recommending, with site-specific and standard conditions, approval of the subject development. Please review the ACRD report for this project for additional information regarding this finding. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the. economic welfare of the community; Jf approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. Staff finds there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. I. Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental. to any AZ-03-035, PP-Q1-0dl, CUP-03065 S¢llkmart Budge pZ.PP.CUPdm Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 6 persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; According to the Traffic Impact Study (TIS) prepared by Dobie Engineering Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. Staff recognizes that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed residential zoning/uses will not be detrimental to people, property or the general welfare of the area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The Applicant is proposing to construct one public street entrance into the site from Locust Grove Road, and one public street entrance into the site from McMillan Road. If the two proposed vehicular approaches aze approved by ACHD, staff does not believe that the subdivision will. create interference with traffic on the surrounding public streets. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that there aze some existing trees and other mature landscaping near the existing farm house (near McMillan Road) that should be retained and protected. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). There will need to be an adopted plan of how to protect the "grove" trees during demolition of the farm house and new construction neaz the grove. There should be tree protection canes established and fenced before demolition begins. The Applicant should work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. Staff fiuther recommends that the Applicant verify the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. See Specie] Consideration "5" in the Preliminary Plat section of this report for further analysis. The Applicant is proposing to relocate and leave the North Slough open abutting the site. Staff believes that the North Slough is a scenic feature that should be protected. See Special Consideration "6" in the Preliminary Plat section of this report for further analysis. AZ-0}035, PP-03-001, (AIP-03-065 Se16em~t Bndee AZPP.CUP.doc Planning & Zoning Coromission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 7 Staff finds that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the majority of the grove azea is adequately protected and the North Slough is relocated in manner that does not negatively impact its beauty. Staff is not aware of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with residential uses. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)Y In accordance with the findings listed above, sta,~ finds that the annexation and zoning of this property to R-8 would be in the best interest of the City. ANEXATION & ZONING FACTS AND CONDITIONS 1. Existine Wells & Septic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services aze available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Development Agreement: A Development Agreement (DA) shall be entered into between the City of Meridian and the Applicant as part of the Annexation/Zoning application. The DA shall outline any special conditions placed upon the Preliminary Plat and Conditional Use applications. 3. The subject property lies within Meridian's Urban Services Planning Area. 4. The Public Works Department has detemuned that an additional water supply well is needed in this vicinity. The developer shall negotiate with the City of Meridian for the acquisition of a parcel for a new municipal well within this site. PRELINIINARY PLAT ANALYSI Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; In Chapter VII of the Comprehensive Plan, "medium density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed single-family residential subdivision, with a gross density of 3.7 dwelling units per acre (net 4.9 dwelling units per acre), is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 8 Residential," provided the Commission and Council grant the requested planned development. B. The availability of pubic services to accommodate the proposed development; Staff fmds that public services are available to accommodate the proposed development, with the exception of water supply. See Annexation and Zoning Analysis "G" above. C. The contiguity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan if a municipal well site can be acquired. The Capital Improvement Plan indicates that a well be located within this area. D. The public financial capability of supporting services for the proposed development; Staff finds that the City and its related services are capable of servicing the proposed developmern. The development will not require major expenditures for providing supporting services. Staff recommends that the Commission and Council consider the Meridian Police, Pazks and Fire Departments' comments with regard to their capability to serve the proposed development. 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 health, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems that staff is unaware of. SPECIAL CONSIDERATIONS-PRFLPy>INAgy PLAT 1. Street Buffers: McMillan Road: The Comprehensive Plan designates the portion of McMillan Road abutting this site as an ernryway comdor. MCC 12-13-10-4 requires a 35-foot buffer along all Entryway Comdors. MCC 12-13-10-2 states that all required (street) buffers shall be located beyond any street right-of--way and that the buffer width must exclude the width of the sidewalk (if the sidewalk is outside of the right-of--way). Further, MCC 12- 13-10.6 requires street buffers to be planted with trees and shrubs, lawn, or other AZ-03-035, PP-03A41, CUP-03-065 Settkmant Bridge AZ.PP.CUP.dx Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 9 vegetative groundcover, with a minimum density of one tree per 35 linear feet. The submitted preliminary plat shows a 25-foot wide common lot buffer along McMillan Road, east of Schumann Avenue, and a 40-foot wide common lot along McMillan Road, west of Schumann Avenue. The Applicant has requested that the McMillan Road landscape buffer be modified as allowed in the Alternative Compliance section of the Ordinance (MCC 12-13-18). The justification for the reduced landscape buffer along McMillan Road is due to the location of the relocated North Slough. Because Settlers Lrigation District (SID) requires an easement for the relocated lateral, and SID does not typically allow trees within their easemems, the Applicant will be unable to provide street trees in accordance with MCC 12-13-10-6. On the submitted landscape plan, there is no proposed landscaping within the 40-foot wide common lot that is also covered with the easement for the North Slough. In the Alternative Compliance section of City Code (MCC 12-13-18), the City allows "creative solutions" to meet the "purpose, intent, and objectives" of the landscape ordinance. Within the 40-foot wide common lot adjacent to Mcll~llan Road, the Applicant is proposing to relocate the North Slough (10-feet wide), construct amulti-use path (10-feet wide) detached approximately 5-feet from the top of bank, and then a 15-foot buffer to the rear of the buildable lots. The Applicant is proposing to construct the 10-foot wide asphalt pathway instead of a sidewalk because the pathway can provide multiple functions: a pedestrian path, bicycle path and an irrigation roadway. Staff is supportive the Applicant's proposal to construct a 10.foot wide (minimum) asphalt pathway just north of the canal in lieu of sidewalk. NOTE: The Applicant will need to receive a modification to ACHD policy for the proposed pathway as well. See ACHD report for more information. In order to meet the purpose, intent, and objectives of the landscape ordinance, staff recommends that the Applicant plant shrubs within the portion of the required street buffer on McMillan Road that also has an irrigation easement (south of the North Slough). This recommendation requires the Applicant to work with Settlers Irrigation District on a license agreement for the shrubs and any associated landscape materials. Ten copies of a revised landscape plan showing the modified landscaping adjacern to McMillan Road should be submitted to the City Clerk at least 10 days prior to the next public hearing (see Site Specific Condition #12 below). Further, the Applicant should be required to revise the submitted preliminary plat to show the full 35-foot wide landscape buffer, east of Schumann Avenue. However, in the buffer areas the Applicarn should be allowed to construct the sidewalk (east of Schumann Avenue) and multi-use pathway (west of Schumann Avenue) as requested. The Applicant should coordinate the location of the western terminus of the multi-use pathway along McMillan Road with the developer of Sheridan Place Subdivision (which includes annexation and zoning of the Idaho Power substation site). See Site Specific Conditions #2 and #3 below. Locust Grove Road: The 2025 Functional Street Classification Map designates this section of Locust Grove Road as a Minor Arterial. MCC 12-13-10-4 requires a 25-foot wide street buffer along arterial roadways. MCC 12-13-10-2 states that all required A],-03-035. PP-03-0d1. CUP-03-065 SeNanei[ &idgx AZPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: 7anuary 15, 2004 Page 10 (street) buffers shall be located beyond any street right-of--way and that the buffer width must exclude the width of the sidewalk (if the sidewalk is outside of the right-of--way). The Applicant is proposing to constnlct a 5-foot wide detached sidewalk located 28-feet from the centerline of Locust Grove Road. The sidewalk is located in a 10-foot wide common lot. To the east of the sidewalk common lot is a 35-foot wide common landscape tot. The 35-foot wide landscape lot contains a berm, sod and trees. Staffis supportive of the dimensions for the proposed wmmon lots and sidewalk location. See Site Specific Condition #4 below. NOTE: The Idaho Power Company owns a strip of land between Locust Grove Road and the subject site (north of Trinity Springs Drive.) This strip is approximately 22-feet wide and is in the area where a future sidewalk for Locust Grove Road will be constructed. This strip prevents the subject Applicant from constructing the sidewalk for Locust Grove Road in its ultimate location, because they do not own the property where the sidewalk should be constructed. The subject Applicant is proposing to landscape the back 13-feet of their property, which will be part of the buffer after ACHD acquires additional right- of-way for Locust Grove Road from Idaho Power and the roadway is widened in the future. Staff is supportive of the Applicant's proposal for landscaping, but not constructing sidewalk, for the portion of Locust Grove Road that they do not have frontage. 2. Common Driveways/Frontaee: City Code allows street frontage for two lots sharing a common driveway to be reduced to 15 feet (each) from the standazd requirement (MCC 11-9-1). The Applicant is proposing to utilize common driveways for Lots 53 and 54, Block 1, and for Lots 34 and 35, Block 2. However, the Applicant has depicted the areas where the common driveways will be constructed as lots, land-locking the buildable lots. In order to provide the required 15 feet of frontage fnr each lot, staff recommends that the common driveway lots (Lot 52, Block 1 and Lot 33, Block 2) be removed and that the common driveways be constructed within easements within the buildable lots themselves. A note should be placed on the face of the final plat stating the purpose of the common driveway easement and who is to be responsible for maintenance thereof. Further, Meridian City Code 12-4-14 requires common drives serving two dwelling units to be constructed a minimum of 16-feet wide, with crushed gravel and asphaltic concrete paving. See Site Specific Condition #5 below. 3. Street Desien: Offsets: The submitted preliminary plat shows Mendelson Avenue, offsetting an unnamed roadway to the north by approximately 40 feet (measured centerline. to centerline.) In accordance with MCC 12-4-2.E, the Applicant should align the centerlines ofthe unnamed road with either Mendelson Avenue or Aberdeen Place. See Site Specific Condition #6 below. Stub Streets: The Applicant is proposing to construct one stub street (Trinity Springs Street} to an undeveloped parcel to the east (Pazcel No. 50532131214). Staff is supportive of the one stub street to the undeveloped parcel to the east (Parcel No. S0532131214). See Site Specific Condition #7 below. A7.03-035, PP-03-0d4 Q1P-03-065 SeNoomt&idge AZ.PP.C[1Pdac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 11 There are two other unplatted parcels east of this site. One of the other pazcels to the east (with frontage on McMillan Road) is owned by ACRD and will' be used as a future pond site. The other parcel (No. S0532120904) is under the same ownership as Pazcel No. 50532131214. Therefore, a stub to these pazcels should not be required. The parcels to the south (Heritage Subdivision) currernly have single-family homes and these parcels are not configured in a manner that would warrant a stub from the subject site. The unplatted parcel to the northwest of the site is an Idaho Power substation and thus does not need public access provided from this site. Street Names: There are two streets on the submitted preliminary plat that do not have street names. With the submittal of the final plat application, the Applicant should submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other corrections necessary to conform. See Site Specific Condition #8 below. Reduced Street Sections• The Applicant is proposing to construct several of the internal roadways with reduced street sections. A "standard" ACHD residential street section is 36-feet wide (measured back of curb to back of curb.) However, Stampede Place, Territory Street, and Sharp Shooter Court all show 29-foot street sections (measured back of curb to back of curb). According to ACHD policy, roadways with 29-foot street sections require parking to be restricted on one side. The ACRD standards for allowing reduced (29-foot wide) street sections aze met based on the amount of traffic that these roads aze expected to carry. However, ACHD does not take into account parking requiremerns when approving reduced street sections. Staff has some reservations about parking on the roadways with 29-foot sheet sections that have attached dwelling units. There are fifteen lots that have frontage on Stampede Place and Territory Court. The Applicarn has submitted a conceptual drawing of how the driveways for the attached units will be constructed. This conceptual drawing shows a 20-foot wide shared driveway. With the attached units sharing driveways, there will be little area for parking in front of the gazages. Cars parking in the common driveway may block ingress/egress for the other unit sharing the driveway. Further, with parking being restricted to one side of Stampede Place and Territory Street (northwest corner of the plat), only a few on- street parking pockets will be available on each street. In addition to the perceived parking problem, staff does not support the design of Stampede Place and Territory Court because the street designs hinder the ability of emergency vehicles, garbage trucks, and other large vehicles to service these streets. Therefore, staff recommends that Territory Court and Stampede Place be connected to each other. This recommendation will allow for additional on-street parking areas and will help the flow of traffic. See Site Specific Condition #9 below. Swift Water Drive, Pier Place, Aberdeen Place, Mendelson Place, Pathfinder Place, Schuber Avenue, Red Rock Court, Swift Water Street, Mountain Man Way, and an unnamed cul-de-sac in Block 5, all show 33-foot street sections. ACHD policy allows the 33-foot street section (with Meridian Fire Department approval). Staff is supportive of AE-03-035, PP-03-061, CUP-03065 Seltl®ert gridg¢ py.PP.CUP.dnc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 12 the proposed 33-foot street sections listed above, with parking restrictions to be determined by the Meridian Fire Department. 4. "Tvnical" Landscape Easements: The Applicant has depicted several landscape easements on the preliminary plat. The purpose of the landscape easements are unclear to staff Further a typical landscape easement is shown on Lots 18 and 19, Block 2. Lots 18 and 19 will have attached units and staff would like the Applicant to either remove the landscape easemem or clarify how access to these units will be provided because it does not appear that these lots can utilize a shared driveway if there is a landscape easement where the driveway would typically be. Further, a note should be placed on the face of the final plat stating the purpose of these landscape easements, and who is responsible for the maintenance of said easements. See Site Specific Condition #10 below. 5. Landscanine: Existing Trees There are several mature trees on the subject site. The Applicant is proposing to retain some of the trees that are near the existing fazm house adjacent to McMillan Road. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). There will need to be an adopted plan of how to protect the grove trees during demolition of the farm house and new construction near the grove, including Swift Water Drive and the pazk Lot 7, Block 3. There should be tree protection zones established and fenced before demolition begins. The Applicant should work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. Staff further recommends that the Applicant verify the status of the existing trees prior to submitting a final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. See Site Specific Condition #11 below. The submitted landscape plan prepared by The Land Group, Inc., and dated 11-11-03 is approved as submitted, with the following modifications: a. The addition of two (2) trees to the street buffer along Locust Grove Road (14 trees total required, 12 shown), south of Trinity Springs Drive. Said trees shall be included in the publication titled Tree Selection Guide for Streets and Landscape throughout Idaho (MCC 12-13-7-1). b. Remove the proposed 5-foot vinyl fence where the clear vision triangle should be at the intersection of Locust Grove Road and Trinity Springs Drive. c. The modifications to the street bufferlNorth Slough common lot near McMillan Road as described in Site Specific Condition #2. Micro ths: The Applicant is proposing to constmct two micropaths, Lot 32, Block 1, and Lot 42, Block 3. All micropaths/pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9. A7.-03-035. PP-03-0d1. Q/P-03-065 SdBanant BtiJg AZPP.CUP.dac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 13 SPECIAL RECOMMENDATION TO THE APPLICANT: The Applicant is proposing several linear common areas throughout the development. The proposed linear open spaces do not meet the justification for staff to require micropaths, but staff believes that pedestrian paths in the lineal areas where sod is proposed will make the open space more user-friendly. Therefore, staff recommends that the Applicant work with staff on designing paths within the lineaz open space areas that allow pedestrians to traverse from one side of the development to the other more easily. Staff further recommends that fencing adjacent to any paths that aze constructed in the common lots be restricted in the CC&R's in accordance with Meridian City Code. Unimproved Ri t-of-W~y- Meridian City Code 12-13-10-9 requires a 10-foot wide grauel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACRD Five Year Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. On the submitted landscape plan the Applicant has shown a a- foot wide gravel strip on McMillan Road and Locust Grove Road. However, McMillan Road abutting this site meets the warrants for the 10-foot wide gravel shoulder requirement listed above. Therefore, the Applicant should be required to construct a 10- foot wide gravel shoulder on McMillan Road, with the remaining portion of the right-of- way being landscaped with lawn or other vegetative groundcover. See Site Specific Condition #12 below. 6. Ping of Ditches: Meridian City Code 12-4-13.A.1 requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or htteral touch either or both sides of the area being subdivided, to be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. As mentioned above, the Applicant is proposing to relocate the North Slough near McMillan Road. The Applicant is proposing to leave the North Slough open and utilize it as an amenity (see CUP analysis below for further analysis of the proposed amenities.) Meridian City Code 12-4-13.A.2 allows the City to waive the requirement for covering a ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. The North Slough to the east and west of the site is currently open. Staff believes that if the North Slough were tiled covered a valuable feature would be lost. Further, if the Applicant were to fence the canal, the use of the waterway as a visual amenity would be significantly reduced. Therefore, staff recommends that the Ap hn 'cant accordance with Meridian City Code the Applicant should be required to tilevor cover another nneatron drtches laterals or canals that cross intersect or lie adjacent to the erect srte. See Srte Specrfic Condition #13. 7. Encroachmem eeme r There are several proposed buildable lots that encroach into the proposed Settlers Irrigation District (SID) easement for the North Slough. If SID A2-03-035, PP-03-041, COPA3~065 Set9mmt HridgepyPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 14 does not allow encroachments irno their easement areas as proposed, the Applicant should be required to enlarge the common Lot 51, Block 2, to include the non- encroachable areas. Prior to development plan approval, a copy of the signed encroachment agreement(s) shall be submitted to the Public Works Department. See Site Specific Condition #14 below. 8. Pressure ation: The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Settlement Bridge HOA. Underground year-round pressurized irrigation must be provided to all lots within this developmem (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be requued to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. See Site Specific Condition #15 below. 9. Domestic Water SuQp~ The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within this development for a new well site. The developer has indicated to staff that it may be possible to locate the well within the "Grove" common area. The developer and staff from the Public Works Departmern will continue to negotiate the location of the well site within this development. However, In the event that the City is unable to acquire the necessary land for the needed well, whether it be by donation or purchase, staff would recommend denial of this application until such time that additional supply can be provided to the vicinity. SITE SPECIFIC COMMENTS-PRELINIINARY PLAT 1. All conditions of the accompanying Annexation/Zoning (AZ-03-035) and Conditional Use Permit (CUP-03-065) application shall also be considered conditions of the Preliminary Plat (PP-03-041). 2. Construct a 40.foot wide landscape buffer/common lot along McMillan Road, west of Schumann Avenue. The Applicant shall plant shrubs within the portion of the required street buffer on McMillan Road that also has an irrigation easement (south of the North Slough). Any future right-of way shall be located on a separate common lot. Within the 40-foot wide landscape buffer/common lot, the Applicarn shall be allowed to include the North Slough and a 10-foot wide multi-use pathway, in lieu of a concrete sidewalk, as proposed. Coordinate the design of the western terminus of the multi-use pathway with the developer of Sheridan Place Subdivision, who is expected to construct a pedestrian path adjacent to the Idaho Power substation site. AZ-03035, PP-03-041, CqP-03063 SeWemmt Bridge AZ.PP.CUP.dac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 15 3. Revise the submitted preliminary plat to show a minimum 35-foot wide landscape buffer/common lot, east of Schumann Avenue. in the buffer area east of Schumann Avenue the Applicant shall be allowed to construct the sidewalk, with the remaining 30 feet of the landscape buffer being constructed in accordance with MCC 12-13-10-6. Any future right-of way shall be located on a separate common lot.. 4. Construct a minimum 25-foot wide landscape buffer/common lot along Locust Grove Road (proposed as 35-feet wide). Said landscape buffer shall be located beyond any future street right-of--way, as proposed. Construct the landscape buffer on Locust Grove Road, north of Trinity Springs Drive as shown on the submitted landscape plan. 5. Lots 53 and 54, Block 1, and Lots 34 and 35, Block 2, shall utilize common driveways. Per MCC 11-9-1, frontage for Lots 53 and 54, Block 1, and Lots 34 and 35, Block 2, may be reduced to 15 feet (minimum). Said common driveway shall be constructed a minimum of 16-feet wide, with gravel and asphaltic concrete paving as outlined in Meridian City Code 12-4-14. 6. In accordance with Meridian City Code 12-4-2.E, the Applicant shall align the unnamed cul-de-sac roadway in Block 3 with Mendelson Avenue or Aberdeen Place. Construct Trinity Springs Street as a stub street to the parcel to the east (Parcel No. 50532 1 3 1214) as proposed. 8. With the submittal of the final plat application, the Applicam shall submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 9. Connect Territory Court and Stampede Place to each other, to form a connected street system. 10. A note should be placed on the face of the final plat(s) stating the purpose of the proposed typical landscape easemems (near street intersections), and who is responsible for the malmenance of said easements. 11. There shall be an adopted plan of how to protect the grove trees during demolition of the farm house and new construction near the grove, including Swift Water Drive and the park Lot 7, Block 3. There shall be tree protection zones established and fenced before demolition begins. The Applicam shall work with the City Arborist, Ehoy Huff, on designing, adopting, and implementing a protection plan for the grove trees prior to submitting a final plat for the area in Phase 5. 12. The submitted landscape plan prepared by The Land Group, Inc., and dated 1-I1-03 shall be modified to reflect the following: • Street buffers along McMillan Road shall be modified in accordance with Site Specific Conditions #2 and #3 above. AZ~03-039, PP-03-041,CUP-03-069 SetH~aR Bridge AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: 7anuary 15, 2004 Page 16 • Modify Lot 51, Block 2, to include shrubs and/or other approved vegetative materials within the 40-foot wide common lot for the North Slough/street buffer. Coordinate plant materials with Settlers Irrigation District (SID). A license agreemem may be required with SID for landscape materials within their easement. • Modify the plan to show a 10-foot wide gravel shoulder along McMillan Road (MCC 12-13-10-9). The remainder of the unimprovedright-of--way shall be landscaped with grass/sod, as proposed. A license agreement from ACHD for landscaping within the right-of--way will be required. • Add two (2) trees to the street buffer along Locust Grove Road (14 trees total required, 12 shown), south of Trinity Springs Drive. Said trees shall be included in the publication titled Tree Selection Guide for Streets and Landscape Throughout Idaho (MCC 12-13-7-1). • Remove the proposed 5-foot vinyl fence where the clear vision triangle should be at the irrtersection of Locust Grove Road and Trinity Springs Drive. • 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 replacemem trees for those trees that are removed. • All micropathslpathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 'Pedestrian Walkways." Micropath fencing shall be shown per MCC 12-13-15-9. Submit 10 copies of a revised landscape plan, depicting the above-mentioned changes, to the City Clerk at least 10 days prior to the next public hearing. 13. Except for the North Slough (aka Settlers Canal), 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 1211-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 14. Prior to submittal of a final plat, submit a wpy of an encroachment agreement with Settlers Irrigation District for the portion of the buildable lots in Block 2 that encroach into the North Slough easement. 15. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Settlement Bridge HOA. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, asingle-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be nzo~o3s, PP-o~w~, cueusoss SetUemmt &idBeAZPP.CUP.dac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 17 responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. 16. Sanitary sewer service to this subdivision shall be via a main trunk extension to the existing temporary sewage lift station in the Vienna Woods Subdivision. The applicant will be responsible to constntct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 17. Municipal water to this site shall be via extensions from existing mains in N. Locust Grove and E. McMillan Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Worka Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 18. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4- 10.F.3). A 6-foot solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. All fencing shall be installed in accordance with MCC 12-4-10. 19. Revise plat note #10 to include the proposed minimum house sizes for the attached dwelling units. Dwelling units on the attached lots shall be a minimum of 1,200 feet, exclusive of the garage, as proposed. 20. Maintenance of all common areas shall be the responsibility of the Settlement Bridge HOA. 21. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the North Slough pedestrian pathway prior to the final plat being recorded/first building permit being issued for the applicable phase (shown as Phase 3 on the preliminary plat). 22. Direct lot access to McMillan Road and Locust Grove Road is prohibited unless approved by ACHD and the City of Meridian. A note shall be placed on the final plat restricting access to McMillan Road and Locust Grove Road. 23. Submit 10 copies of a revised preliminary plat that depicts the above-mentioned changes to the City Clerk at least 10 days prior to the next public hearing. GENERAL REQUIREMENTS-PRELINIINARY PLAT 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. AZ~63035, PP-03-041, CUPA3g63 SeW®mt Bridge AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 18 2. Prior to signature of the final plat(s) by the City Engineer, 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. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat(s) application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 6. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm everns, and for a period of time not to exceed 24 hours. Side slopes within drainage azeas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the requued open space area. The project engineer should pay close attention to the results of field studies determining the groundwater, soil type & and chazacteristics during the design and construction phases. The engineer shall be required to certify that the street centerline elevations aze 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. Developer shall coordinate mailbox locations with the Meridian Post Office. 8. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Staffs failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 11. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AZ03-035, PP-03~Odl,CUP-030&5 Sett~mmt &id8e A2.PP.CUP.dac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 19 FACTS AND FINDINGS FOR CONDTTIONAL 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 heazing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Development (PD) the Applicant is seeking relief from the standazd lot frontage requirement, lot sizes, and maximum cul-de-sac length, as required by Meridian City Code. Further, the Applicant is requesting a modification to the standard development requirements for a sidewalk and landscaping on McMillan Road. See Special Consideration #1 below. Staff finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the Applicant has asked, through the Planned Development, to modify specific development standards. B. That the proposed use and development plan w~l be harmonious with the Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance; Staff finds that the proposed single-family residential subdivision, with a gross density of 3.7 dwelling units per acre (net 4.9 dwelling units per acre), is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential," provided the Commission and Council grant the requested planned development. 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 general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the area. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council AZ03-035, PP-03-04l, QJP-03065 Seltlmomrt Bridge AZPP.CUP.duc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 20 rely upon public testimony, staff's analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. E. That the proposed nse 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; The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department regarding their ability to adequately service this project. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project (see attachment). Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The Public Works Department has detemrined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within the development for a new well. The developer has indicated to staffthat it may be possible to locate the well within the "Grove" common area. The developer and staff from the Public Works Department will continue to work on locating the well site. The ACRD is recommending, with site-specific and standazds conditions, approval of the subject development. Please review the ACHD report for this project for additional information regazding this finding. 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; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residerns will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. Staff finds there will not be excessive additional requiremerns at public cost and that the annexation and zoning will not be detrimental to the community's economic welfare. G. That the proposed ase 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; According to the Traffic Impact Study (TIS) prepazed by Dobie Engineering, Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. Staffrecognizes that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfaze of the public. Staff does not arnicipate the proposed development will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed residential use will not be detrimental to people, property or the general welfare of the area. AL03035, PP-03-0EI. (AlP-03065 SeNvvrn[Bfidg¢py.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 21 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; Staffdoes not believe that the proposed vehicular approaches on Locust Grove Road, and McMillan Road will create an interference with traffic on the surrounding public streets. Please review the ACHD staffreport for this project for further information regarding this finding. L That the proposed use will oot result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. See comments under Annexation & Zoning Analysis item "K" above. SPECIAL CONSIDERATIONS-CONDITIONAL USE PERMIT Reduced Standards: As stated earlier, the Applicant is requesting modifications from standazd ordinance requirements for lot frontage, lot sizes, and maximum cul-de-sac length. Lot Size: Staff is supportive of the requested minimum lot sizes 5,250 square-feet for the detached lots and 4,031 square-feet for the attached lots. Lot Frontaee: As staled in the preliminary plat analysis above, staff recommends that the lots sharing common driveways meet the minimum frontage requirement of 15 feet (see Special Consideration #2 in the Preliminary Plat section above). Staff recommends that the common driveway lots (L,ot 52, Block 1 and Lot 33, Block 2) be removed and that the common driveways be constructed within easements on the buildable lots themselves (see Site Specific Condition #5 in the Preliminary Plat section above). Other than this change, staff is supportive of reducing the frontage for the attached lots down to 40 feet (lots on straight-aways) and 28 feet (lots on comers/cul-de-sacs), and reducing the minimum frontage for the detached lots to 58 feet (lots on straight-aways) and 30 feet (lots on corners/cul-de-sacs), as proposed. Cul-de-sac Leneth: Meridian City Code restricts the maximum length of a cul-de-sac street to 450 feet (MCC 12-4-2.F). The Applicant is proposing a 950-foot long (approximate) cul-de-sac for Swift Water Drive/Pier Place. As stated in the preliminary plat analysis above, stubbing to the future ACRD pond site to the east is not practical. Extending Swift Water Drive/Pier Place to the south would require another vehicular crossing of the North Slough. The City (and ACRD) likes to limit access points to arterial roadways, which McMillan Road is. Therefore, staff is not supportive of extending Swift Water Drive/Pier Place to the north, south or east. However, due to the length of the cul- de-sac, the Meridian Fire Department is requiring an emergency access to Pier Place from McMillan Road (see attached comments from Joseph Silva, Deputy Fire Chief). The key reason the City adopted a minimum cul-de-sac length was for emergency services. If the Meridian Fire Department is comfortable with utilizing an emergency access in this azea, AZO}035, PP-03-041, CUP-03965 Settlemad fridge AZFP.CUP.tloc Plamung & Zoning Commission/Mayor 8c City Council P&Z Hearing Date: 7anuary 15, 2004 Page 22 staff is supportive of the proposed cul-de-sac length for Swift Water Drive/Pier Place. See Site Specific Condition #2 below. 2. Amenities: The proposed amenities for the planned development include: 2 tot lot areas and a grove area that are linked by a lineaz open space system; 7.93 acres of open space (11.23 %); and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough. Staff finds that the proposed amenities meet the requirements outlined in the Planned Development section of Meridian Code and recommends approval of the amenities as proposed. The Commission and Council should review these proposed amenities and determine if they are "appropriate to the size and uses of the proposed development" (MCC 12-6-2.3). See Site Specific Condition #3 below. NOTE: The Applicant should work with Meridian Planning & Zoning staff as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk design for the multi-use pathway at Schumann Avenue. Because the pathway crosses from one side of the canal to the other at Schumann Avenue at an angle, and because Schumann Avenue is a residential collector street with upwards of 1,500 vehicles per day, staff has some concerns with getting pedestrians from one side of the street to the other. See Site Specific Condition #4 below. 3. Housine Tvnes: The Applicant is proposing a mix ofsingle-family detached and attached housing units. Of the 266 proposed buildable lots, 98 will have attached units, and 168 will have detached units. The majority of the attached units are on the northern portion of the site, with the detached units on larger lots lying on the southern portion of the site. Land Use Buffer: For the units that abut the Idaho Power Company substation, the Applicant is proposing to construct a 6-foot solid fence on the property line. There is approximately IS feet of existing landscaping on the Idaho Power site and a chain link fence. With the existing off-site landscaping (15 feet) and the proposed on-site landscaping (IS feet) and fencing, there will be a minimum 30 feet between the reaz of the residences and the operational area of the substation (inside the chain link fence). Drivewavs: The Applicant has submitted a conceptual drawing of how the driveways for the attached units will be constructed. This conceptual drawing shows a 20-foot wide shazed driveway on the shazed property tine. Staff is supportive of shazed driveways for both attached and detached units. SITE SPECIFIC CONDTTIONS (Conditional Use Permitl 1. Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-03-035) and Preliminary Plat (PP-03-041) as a condition of the Conditional Use Permit (CUP-03-065. 2. The project shall conform to the modified dimensional standards, as follows: • Minimum lot size: 4,031 square-feet (attached lots); 5,250 squaze-feet (detached lots). AZO3°35, PP-03001, CUP-030Q5 SeWrn~a¢ fridge AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 23 Minimum frontage: 40 feet for attached lots on straight-away streets and 2S feet (lots on corners/cul-de-sacs); 58 feet for detached lots on straight-away streets and 30 feet (lots on corners/cul-de-sacs). Lots sharing common driveways shall have a minimum street frontage as outlined in MCC 11-9-1. The Applicant is granted permission to exceed the 450-foot maximum cul-de-sac length as depicted on the submitted plat (approximately 950-feet long). As a condition of increasing the cul-de-sac length for Swift Water Drive/Pier Place, the Applicant shall construct an emergency access from Pier Place to McMillan Road. Coordinate the design and construction of the emergency access with the Meridian Fire Department. 3. The proposed amenities for the planned development including three tot lot/activity areas linked by a lineaz open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as depicted on the landscape plan. 4. The Applicant shall work with Meridian Planning & Zoning staff as well as ACHD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the multi-use pathway at Schumann Avenue. 5. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 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 Applicant is proposing to wnstruct park areas, micropaths, and amulti-use pathway within the development. Staff is supportive of the variety of pazk typesAopen space, as they meet 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-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of location suitable for residential development. The Applicant is proposing attached and detached single-family dwelling units. This proposal will help to increase the diversity of Meridian's housing types. Staff recommends approval of the submitted annesation/zoning (AZ-03-035), preliminary plat (PP-03-041), and conditioned uae permit (CIIP-03-065 applications, with the conditions listed herein. A7A3-035, PP-03-0dl,CUP-03-065 SaClmim[Bridge AZ.PP.CUP.doc RECE~~IE~ DEC 18 2003 City of Meridian City Clerk Office `~r~a ~e 71~r~e;dia,~ ~~~ ~cdtricc~ WIIIi~m G. Berg Jr. City Glerk City of Meridian 33 Eas# Idaho Avery~~ R3: !CUP 03-065 Settlement Bridge Subdivision , Dear Wifl: 2003 1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395 FAX # 208-463-0092 Phones: Area Code 208 OFFICE: Nampa 466-7861 SHOP: Nampa 466-0663 Nampa & Meridian Irrigation District has no comment on the above referenced application for a Conditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridge Subdivision. Thank you, ~.~ Bill Henson Asst. Water Superintendent Nampa & Meridian Irrigation District BH/dbg C: Water Superintendent File -Office/Shop APPROXIMATE IRRIGABLE ACRES RIVER FLOW RIGHTS - 23,000 BOISE PROJECT RIGHTS - 40,000 MAYOR Robert D. Come CITY COUNCIL MEMBERS Tammy de Weerd William L. M. Nary Cherie McCandless ate, CITY OF i_ C~ri~icn tl ID?,HO LEGALDEPARTMENT (208) 466-9272 • FAX 46G-4405 PARKS & RECREATION - - (208) 888-3579 • Fax 898S60I PUBLIC WORKS (208) 898-5500 • Fax 887-1297 BUILDING DEPARTMENT (208) 687-2211 • Fax 887-1297 Keith Bird `A ° ~ TRans~ne Vw~Y >,nce PLANNING & ZONING .-,1903 (208) 884-5533 • Fax 688-6854 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: January Transmittal Date: December 9, 2003 File No.: CUP 03-065 2004 Hearing Date: 2004 Request: Gonditional Use Permit for a Planned Development to allow single family residential and attached single family in a proposed R-8 zone for proposed Settlement Bridge Subdivision By: Capital Development Location of Property or Project: 2205 East McMillan Road David Zaremba, P/Z (No VAR, VAC, FP) Vacant, P/Z (No VAR, VAC, FP) Leslie Mathes, P/Z (No vAle, vac, FP) Michael Rohm, P/Z (No VAR, VAC, FP) 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 City Attorney Cit ineer 1ty Planner Parks Department RECEIVED DEC 15 2003 City of Meridian City Clerk Office Meridian School District (No FP) Meridian Post Office (FPiPP Dory) Ada County Highway Distrid Ada County Development Services .Central District Health Nampa Meridian Irrig: Distrid Settlers Irrigation Distrid Idaho Power Co. (FPmPOnry) U.S. West (FPrPP Dory) Intermountain Gas (FP/PP oNy) Bureau of Reclamation (FP/PP only) Idaho Transportation Department (No FP) Ada County (Annexation oMy) Ada County Land Records (FPiPP Dory) Meridian Development Corporation 33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 • (208) 888-4433 City Clerk Ot'fice Fax (208) 888-4218 Human Resources Fax (208) 884-8723 Finance & Utility Billing Fax (208) 887-4813 Historical Preservation Commission CENTRAL CENTRAL DISTRICT HEALTH DEPARTMENT •• DISTRICT @tUP11 t0: HEALTH Environmental Health Division gECE~~~ ^ Boise DEPARTMENT DEC ~ 6 2003 ^ Eagle Rezone # ^ Garden City Conditional Use # ~ _ d ~ City o ~ ~otet'idian C;ty Clerk Office ^ Kuna Preliminary /Final /Short Plat ^ ACZ __yai_ ,.._ .~ _ _ ^ 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 groundwater ^ waste flow characteristics ^ or bedrock from original grade D 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. I~L18. After writtey;approval from appropriate entities are submitted, we can approve this proposal for: i' ~ ,~1.1.entral sewage ^ community sewage system ^ community water well ^ interim sewage y~.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 vironmental Quality: ral sewage ^ community sewage system ^ community water ^ sewage dry lines f~carstral 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 ^ child care center ^ beverage establishment ^ grocery store ^ 14. Please see attached stormwater management recommendatations ^ 15. Date: ~Z/-~/~ Reviewed By: L.~i;'~%~ P;~f' CDHDeN91kc Review Sheet I~TB OF TREASURE VALLEY MAYOR Robert D. Cowie A Good Place to Live LEGAL DEPARTMENT CITY COUNCIL MEMBER CITY OF MERIDIAN (208)466-9272 •Fax 466.4405 S PUBLIC WORKS Tammy de Weerd 33 EAST IDAHO BUILDING DEPARTMENT xeith Bvd MERIDIAN, IDAHO 83642 (208) 898-5500 • Fax 887-1297 Cherie MuCaudlees Willi (208) 888.4433 • FAX (208) 8874813 City Clerk Office Fax (208) 8884218 PLANNING AND ZONING am L.M. Nary DEPARTMENT (208) 884-5533 ~ FAX 888-6854 STAFF REPORT: Transmittal Date: January 9, 2004 P&Z Hearing Date: January 15, 2004 To: Mayor, City Council and Planning & Zoning Commission ~~ f~I~T"[ 7~'f~ From: Craig Hood, Associate City Planner ~~ ~ JraN 4 3 2004 Bruce Freckleton, Senior Engineering Tech City Of Meridian Re: Settlement Bridge Subdivision C'--Sty Clerk Office • Annexation and Zoning of 70.64 Acres from RUT (Ada County) to R-8 (Medium Density Residential), by Capital Development, Inc. (File No. AZ-03- 03.57. • Preliminary Plat Approval of Two Hundred Sixty-Six (266) Building Lots and Thirty-Four (34) Other/Common Lots on 70.64 Acres in a Proposed R-8 Zone, by Capital Development, Inc. (Fide No. PP-03-041). • Conditional Use Permit Approval for a Planned Development of Attached and Detached Single-Family Homes on 70.64 Acres, with Reduced Lot Frontages, Reduced Lot Sizes, a Substandard Cui-de-sac Length, and a Sidewalk Variance along McMillan Road, by Capital Development, Inc. (Fide No. CUP- 03-065). We have reviewed the above referenced submittals and offer the following comments, as conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Couucil: APPLICATIONS SUMMARY The Applicant, Capital Development, Inc., has applied for Annexation and Zoning (AZ), Preliminary Plat (PP) and Conditional Use Permit/Planned Development (CUP/PD) approval of two hundred sixty-six (266) single-family residential building lots and thirty four (34) other/common lots on 70.64 acres. Of the 266 buildable lots, 168 will be for single-family detached units, and 98 will be for single-family attached dwelling units. The site is located on the east side of Locust Grove Road and on the south side of McMillan Road, south and east of an Idaho Power Company substation. The Applicarn is proposing to develop the site in six phases. The net density of the proposed development is 4.9 dwelling units per acre. The gross density of the proposed development is 3.7 dwelling units per acre. The proposed density is in accord with both the proposed R-8 zoning district and the Comprehensive Plan which designates this area nzo3ors, rv-0wei. we-0sau sew®es~ e~e.nzsecw Planning & Zoning Commission(Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 2 "Medium Density Residential." The Applicant is requesting reduced lot sizes, reduced lot frontage, a substandard cul-de-sac length, and a sidewalk variance along McMillan Road. These proposed modifications are detailed below. R-8 Zone• Lot Size- City Requirements Proposed 6,500 sq, ft. 5,250 sq. ft. (detached minimum) (detached minimum) 4,000 s9. ft• 4,031 sq. ft. (attached minimum) (attached minimum) Lot Frontage-City Requirements Pro osed 65 feet (detached minimum) None with common driveways. Varies throughout. 40 feet (attached minimum) None with common driveway. Varies throughout. Cul-de-sac City Requirements proposed Length- 450 feet (maximum) Approximately 950 feet (Swift Water/Pier Place) )n addition to the standards listed above, the Applicant is requesting alternative compliance for the required landscape buffer and sidewalk along McMillan Road (see Preliminary Plat Special Considerations below for a detailed analysis). The proposed PD amenities include: 3 tot lot/activity areas that are linked by a linear open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough. Further, the Applicant is proposing to preserve a portion of the landscaping, ar grove area, surrounding the existing farm house. The amenities are depicted on the submitted landscape plan, and are described in the Applicarn's letter accompanying the CUP/PD application. See CUP/PD Special Considerations below for a detailed analysis of the proposed amenities and the design thereof. The subject property is within the Urban Service Planning Area and essential City services can be made available to the subject property. Sta,~' recommends approval of the subject mmexation/zoning (t1Z-03-035), preliminary plat (PP-03-041), acrd conditional use permit (CUP-03-065) with the conditions outlined in this report. LOCATION The subject site is located on the east side of Locust Grove Road, and on the south side of McMillan Road, in Section 32, Township 4 North, Range 1 East. azosoxs, PP-away. cuP.o~ass Settlemem ®idge AZ.PP.CUP.dac Planning & Zoning Connnission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 3 SURROUNDING PROPERTIES North: Idaho Power Substation, currently zoned RUT (Ada County)/Edinburgh Place Subdivision (across McMillan Road), zoned R4 (Ada County). South: Heritage Subdivision, zoned Rl (Ada County). East: Rural ResidentiaUAgricuhural, zoned RUT (Ada County). West: Havasu Creek Subdivision, zoned R-4. OWNER OF RECORD The property owners of record are The John & 7eanne Tolk Trust and Lynne Sasso Tolk. John, Jeanne, and Lynne Tolk have provided notarized consent for Capital Development, Inc., to submit the subject applications. ANNEXATION & ZONING ANALYSES According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to Zoning Amendments, both the Planning & Zoning Commission and Council are required "to review the particular facts and circumstances of each proposed zoning amendment in terms of the following standards and shall find adequate evidence answering the following questions about the proposed zoning amendment." The following is the list of standards found in 11-15-11 and analysis by staff: A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan and, if not, has there been an application for a Coropreheosive Plan amendment; In Chapter VII of the Comprehensive Plan, "medium density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the requested zoning designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the Iand to be "Medium Density Residential". B. Is the area included in the zoning amendment intended to be rezoned in the future; Concurrent with the annexation and caning application, the Applicant has submitted a preliminary plat proposing single-family lots on the subject site (Settlement Bridge Subdivision, PP-03-041). Staff does not anticipate that the Applicant plans to rezone the subject property in the future. C. Is the area included in the zoning amendment intended to be developed io the fashion tbat would be allowed ender the new zoning -for eaample, a residential area turning into a commercial area by means of conditional use permits; A2-03-035, PP-03-041, CUPA3-065 Se11~m[ B.idgeAZPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 4 Staff finds that the proposed single-family development could be allowed within the requested R-8 zone, (if the .accompanying Conditional Use Permit for a Planned Development is also approved.) D. Has there been a change in the area or adjacent areas which may dictate that the area should be rezoned. For example, have the streets been widened, new railroad access been developed or planned or adjacent area being developed in a fashion similar to the proposed rezone area; Staff finds that the land to the north, south, and west have been developed in a manner similar to the proposed subdivision, with single-family dwelling units. Edinburgh Place Subdivision #1 to the north has a gross density of 3.1 dwelling units per acre. Heritage Subdivision to the south has a density of approximately 1 dwelling unit per acre. Havasu Creek Subdivision to the west has a gross density of 3.5 dwelling units per acre. However, there have been no recent street improvements in the azea. This section of McMillan Road is in ACHD's Capital, Improvements Plan (CIP) for road widening in 2015. Locust Grove Road is not curremly scheduled within ACHD's Five Year Work Program or Capital Improvemerns Plan (CIP) for roadway widening. Other urban services, such as sewer and water, are near to this site and the Applicant should be able to extend such services to the site. Staff finds that the subject site is proposed for development in a fashion similaz to other properties in the azea. E. Will the proposed uses be designed, constructed, operated and maintained to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity and that such use will not change the essential character of the same area; Staff finds that the proposed R-8 zoning and subsequern residernial use proposed with the concurrent preliminary plat match the intended character of the vicinity, as noted on the Future Land Use Map in the Comprehensive Plan. Staff also finds that the proposed zoning/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. The existing chazacter of the area will, and is, currently changing, especially upon build-out of the proposed project and other similar subdivisions in the general vicinity. Staff does not find that the proposed zoning/uses will adversely change the essential character of area. See Preliminary Plat Analysis below for further information. F. Will the proposed uses nat be hazardous or disturbing to existing or future neighboring uses; Due to other existing and proposed uses near the site, staff does not arnicipate that the proposed zoning/uses will be hazardous to future or existing uses or neighbors in the area. Staff recommends that the Commission and Council rely on public AZ03435, PP-03-041,fY1PA3U65 Sel9wo¢HCidge AZPP.C[IPdoc Planninroa & Zoning Commission/Mayor & City Council Pc~Z Hearing Date: January 15, 2004 Page 5 testimony to determine whether the proposed use will be disturbing or hazardous to the neighboring uses as long as landscaping, fencing and the other conditions outlined in this report are complied with. G. Will the area be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water, sewer or that the person responsible for the establishment of proposed zoning amendment shall be able to provide adequately any of such services; The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department regarding their ability to adequately service this project. The Meridian Fire Department has submitted a list of conditions and needs in order to adequately serve the project (see attachment). Water and sanitary sewer service are proposed to be extended from existing main lines adjacent to the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions aze ongoing with this developer for a site within the subdivision for a new well. The developer has indicated to staff that it may be possible to locate the well within the "Grove" common area. The developer and staff from the Public Works Department will continue to work on locating the well site. However, in the event that the City is unable to acquire the necessary land for the needed well, whether it be by donation or purchase, staff would recommend denial of this application until such time that additional supply can be provided to the vicinity. This item is scheduled to be on the ACHD consent agenda on January 28, 2004. The ACHD staff is recommending, with site-specific and standazd conditions, approval of the subject development. Please review the ACRD report for this project for additional information regazding this finding. H. Will not create excessive additional requirements at public cost for public facilities and services and will not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. Staff finds there will not be excessive additional requiremenss at public cost and that the annexation and zoning will not be detrimental to the community's economic welfaze. L Will the proposed uses not involve uses, activities, processes, materials, equipment and conditions of operation that wili be detrimental to soy A1.03-035, PP~i-041, CVP-0}OSS SH9¢m¢~rtguAq.pyPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 6 persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors; According to the Traffic Impact Study (TIS) prepared by Dobie Engineering Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. Staff recognizes that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will he detrimental to the general welfaze of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive noise, smoke, fumes, glaze, or odors. Staff finds that the proposed residernial zoning/uses will not be detrimental to people, property or the general welfaze of the area. J. Will the area have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public streets; The Applicant is proposing to construct one public street entrance into the site from Locust Grove Road, and one public street entrance into the site from McMillan Road. If the two proposed vehicular approaches aze approved by ACRD, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. K Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and Staff finds that there are some existing trees and other mature landscaping near the existing farm house (neaz McMillan Road) that should be retained and protected. Any existing trees larger than 4" caliper that aze removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). There will need to be an adopted plan of how to protect the "grove" trees during demolition of the farm house and new construction neaz the grove. There should be tree protection zones established and fenced before demolition begins. The Applicant should work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees aze deemed to be a hazard, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. Staff further recommends that the Applicant verify the status of the existing trees prior to submitting final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. See Special Consideration "5" in the Preliminary Plat section of this report for further analysis. The Applicant is proposing to relocate and leave the North Slough open abutting the site. Staff believes that the North Slough is a scenic feature that should be protected. See Special Consideration "6" in the Preliminary Plat section of this report for further analysis. AZA3-035, PP-03-061, CUP-03-065 Setti~m[ midge Az.PP.CUP.dac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 7 Staff finds that the proposed annexation and zoning should not result in the loss or damage of any natural or scenic features, as long as the majority of the grove azea is adequately protected and the North Slough is relocated in manner that does not negatively impact its beauty. Staff is not awaze of any natural or scenic feature(s) that would be lost, damaged or destroyed by allowing this site to be annexed, zoned and developed with residential uses. L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,11-17-1992)? fn accorcfarece with the findings listed above, staff finds that the annexation and zoning of this property to R-8 would be in the best interest of the City. ANEXATION & ZONING FACTS AND CONDITIONS 1. Existing Wells & Semitic: Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 2. Development A~eement: A Development Agreement (DA) shall be entered into between the City of Meridian and the Applicant as part of the Annexation/Zoning application. The DA shall outline any special conditions placed upon the Preliminary Plat and Conditional Use applications. 3. The subject property lies within Meridian's Urban Services Planning Area. 4. The Public Works Department has determined that an additional water supply well is needed in this vicinity. The developer shall negotiate with the City of Meridian for the acquisition of a pazcel for a new municipal well within this site. PRELIMINARY PLAT AN i YSIS Meridian City Code (MCC) 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the snbdivision with the Comprehensive Development Plan; In Chapter VII of the Comprehensive Plan, "medium density" is defined as areas including single-family homes at densities of three to eight dwelling units per acre. Staff finds that the proposed single-family residential subdivision, with a gross density of 3.7 dwelling units per acre (net 4.9 dwelling units per acre), is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density AZ-03935, PP-03-0dl> QIP-030fi5 Settl®art IDidge AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January I 5, 2004 Page 8 Residential," provided the Commission and Council grant the requested planned development. B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development, with the exception of water supply. See Annexation and Zoning Analysis "G" above. C. The continuity of the proposed development with the capital improvement program; Staff finds that the subdivision will not conflict with the capital improvement plan if a municipal well site can be acquired. The Capital Improvement Plan indicates that a well be located within this area. D. The public financial capability of supporting services for the proposed development; Staff finds that the City and its related services are capable of servicing the proposed development. The development will not require major expenditures for providing supporting services. Staff recommends that the Commission and Council consider the Meridian Police, Parks and Fire Departments' comments with regazd to their capability to serve the proposed development. E. The other health, safety or environmental problems that may be brought to the Commission's attention. Stail' finds that there should not be any heath, safety or environmental problems associated with this subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis; no hazardous natural features have been identified on the site. Staff finds the Commission and Council should rely on any public testimony that may be presented to determine whether the proposed use may cause health, safety or environmental problems that staff is unaware of. SPECIAL CONSIDERATIONS-PRELIlbIINARY PLAT 1. Street Buffers: McMillan Road: The Comprehensive Plan designates the portion of McMillan Road abutting this site as an entryway corridor. MCC 12-13-10-4 requires a 35-foot buffer along all Entryway Corridors. MCC 12-13-10-2 states that all required (street) buffers shall be located beyond any street right-of--way and that the buffer width must exclude the width of the sidewalk (if the sidewalk is outside of the right-of--way). Further, MCC 12- 13-10-6 requires street buffers to be planted with trees and shrubs, lawn, or other AZ-03035,PP-03-0dl,CUP-03065 3emanm[H~id@e AZ.PP.CUP.doc Planning & Zoning CommissionlMayor & City Council P&Z Hearing Date: January 15, 2004 Page 9 vegetative groundcover, with a minimum density of one tree per 35 linear feet. The submitted preliminary plat shows a 25-foot wide common lot/buffer along McMillan Road, east of Schumann Avenue, and a 40-foot wide common lot along McMillan Road, west of Schumann Avenue. The Applicant has requested that the McMillan Road landscape buffer be modified as allowed in the Alternative Compliance section of the Ordinance (MCC 12-13-18). The justification for the reduced landscape buffer along McMillan Road is due to the location of the relocated North Slough. Because Settlers Irrigation District (SID) requires an easement for the relocated lateral, and SID does not typically allow trees within their easements, the Applicant will be unable to provide street trees in accordance with MCC 12-13-10-6. On the submitted landscape plan, there is no proposed landscaping within the 40-foot wide common lot that is also covered with the easement for the North Slough. In the Alternative Compliance section of City Code (MCC 12-13-18), the City allows "creative solutions" to meet the "purpose, intent, and objectives" of the landscape ordinance. Within the 40-foot wide common lot adjacent to McMillan Road; the Applicant is proposing to relocate the North Slough (10-feet wide), construct amulti-use path (10-feet wide) detached approximately 5-feet from the top of bank, and then a 15-foot buffer to the rear of the buildable lots. The Applicant is proposing to construct the 10-foot wide asphalt pathway instead of a sidewalk because the pathway can provide multiple functions: a pedestrian path, bicycle path and an irrigation roadway. Staff is supportive the Applicant's proposal to construcx a 10-foot wide (minimum) asphalt pathway just north of the canal in lieu of sidewalk. NOTE: The Applicant will need to receive a modification to ACHD policy for the proposed pathway as well. See ACRD report for more information. In order to meet the purpose, intent, and objectives of the landscape ordinance, staff recommends that the Applicant plant shrubs within the portion of the required street buffer on McMillan Road that also has an irrigation easement (south of the North Slough). This recommendation requires the Applicant to work with Settlers Irrigation District on a license agreement for the shrubs and any associated landscape materials. Ten copies of a revised landscape plan showing the modified landscaping adjacent to McMillan Road should be submitted to the City Clerk at least 10 days prior to the next public hearing (see Site Specific Condition #12 below). Further, the Applicant should be requued to revise the submitted preliminary plat to show the full 35-foot wide landscape buffer, east of Schumann Avenue. However, in the buffer areas the Applicant should be allowed to construct the sidewalk (east of Schumann Avenue) and multi-use pathway (west of Schumann Avenue) as requested. The Applicant should coordinate the location of the western terminus of the multi-use pathway along McMillan Road with the developer of Sheridan Place Subdivision (which includes annexation and caning of the Idaho Power substation site). See Site Specific Conditions #2 and #3 below. Locust Grove Road: The 2025 Functional Street Classification Map designates this section of Locust Grove Road as a Minor Arterial. MCC 12-13-10-4 requires a 25-foot wide street buffer along arterial roadways. MCC 12-13-10.2 states that all required nzawss. rem-0<,. cc8-ososs s~m~~azre.cur.m~ Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 10 (street) buffers shall be located beyond any street right-0f--way and that the buffer width must exclude the width of the sidewalk (if the sidewalk is outside of the right-of--way). The Applicant is proposing to construct a 5-foot wide detached sidewalk located 28-feet from the centerline of Locust Grove Road. The sidewalk is located in a 10-foot wide common lot. To the east of the sidewalk common lot is a 35-foot wide common landscape lot. The 35-foot wide landscape lot contains a berm, sod and trees. Staff is supportive of the dimensions for the proposed common lots and sidewalk location. See Site Specific Condition #4 below. NOTE: The Idaho Power Company owns a strip of land between Locust Grove Road and the subject site (north of Trinity Springs Drive.} This strip is approximately 22-feet wide and is in the area where a future sidewalk for Locust Grove Road will be constructed. This strip prevents the subject Applicant from constructing the sidewalk for Locust Grove Road in its ultimate location, because they do not own the property where the sidewalk should be constructed. The subject Applicant is proposing to landscape the back 13-feet of their property, which will be part of the buffer after ACRD acquires additional right- of-way for Locust Grove Road from Idaho Power and the roadway is widened in the future. Staff is supportive of the Applicant's proposal for landscaping, but not constructing sidewalk, for the portion of Locust Grove Road that they do not have frontage. 2. Common Driveways/E'rontaee• City Code allows street frontage for two lots sharing a common driveway to be reduced to 15 feet (each) from the standard requirement (MCC 11-9-1). The Applicant is proposing to utilize common driveways for Lots 53 and 54, Block 1, and for Lots 34 and 35, Block 2. However, the Applicant has depicted the areas where the common driveways will be constructed as lots, land-locking the buildable lots. In order to provide the required 15 feet of frontage for each lot, staff recommends that the common driveway lots (Lot 52, Block 1 and Lot 33, Block 2) be removed and that the common driveways be constructed within easements within the buildable lots themselves. A note should be placed on the face of the final plat stating the purpose of the common driveway easement and who is to be responsible for maimenance thereof. Further, Meridian City Code 12-4-14 requires wmmon drives serving two dwelling units to be constructed a minimum of 16-feet wide, with crushed gravel and asphaltic concrete paving. See Site Specific Condition #5 below. 3. Street Desien• Offsets: The submitted preliminary plat shows Mendelson Avenue, offsetting an unnamed roadway to the north by approximately 40 feet (measured centerline to centerline.) In accordance with MCC 12-4-2.E, the Applicant should align the centerlines of the unnamed road with either Mendelson Avenue or Aberdeen Place. See Site Specific Condition #6 below. Stub Streets: The Applicant is proposing to construct one stub street (Trinity Springs Street) to an undeveloped parcel to the east (Parcel No. 50532131214). Staff is suppartive of the one stub street to the undeveloped parcel to the east (Parcel No. S0532131214). See Site Specific Condition #7 below. AZA3-035, PP-03-041, CUP-03-065 SNtlaneN &f ~e AZPP.CUP.doc Planning & Zoning Commission/Mayor & City Council Pi~Z Hearing Date: January 15, 2004 Page 11 There aze two other unplatted parcels east of this site. One of the other parcels to the east (with frontage on McMillan Road) is owned by ACRD and will be used as a future pond site. The other parcel (No. S0532120904) is under the same ownership as Pazcel No. S0532131214. Therefore, a stub to these parcels should not be required. The parcels to the south (Heritage Subdivision) currently have single-family homes and these pazcels are not configured in a manner that would warrant a stub from the subject site. The unplatted parcel to the northwest of the site is an Idaho Power substation and thus does not need public access provided from this site. Street Names: There are two streets on the submitted preliminary plat that do not have street names. With the submittal of the final plat application, the Applicant should submit a copy of the Ada County Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other corrections necessary to conform. See Site Specific Condition #8 below. Reduced Street Sections: The Applicant is proposing to construct several of the internal roadways with reduced street sections. A "standard" ACHD residential street section is 36-feet wide (measured back of curb to back of curb.) However, Stampede Place, Territory Street, and Sharp Shooter Court all show 29-foot street sections (measured back of curb to back of curb). According to ACHD policy, roadways with 29-foot street sections require parking to be restricted on one side. The ACRD standards for allowing reduced (29-foot wide) street sections aze met based on the amount of traffic that these roads aze expected to cant'. However, ACRD does not take into account parking requirements when approving reduced street sections. Staff has some reservations about parking on the roadways with 29-foot street sections that have attached dwelling units. There are fifteen lots that have frontage on Stampede Place and Territory Court. The Applicant has submitted a conceptual drawing of how the driveways for the attached units will be constructed. This conceptual drawing shows a 20-foot wide shazed driveway. With the attached units shazing driveways, there will be little area for parking in front of the garages. Cazs parking in the common driveway may block ingress/egress for the other unit sharing the driveway. Further, with parking being restricted to one side of Stampede Place and Territory Street (northwest corner of the plat), only a few on- street parking pockets will be available on each street. In addition to the perceived parking problem, staff does not support the design of Stampede Place and Territory Court because the street designs hinder the ability of emergency vehicles, garbage trucks, and other large vehicles to service these streets. Therefore, staff recommends that Territory Court and Stampede Place be connected to each other. This recommendation will allow for additional on-street parking areas and will help the flow of traffic. See Site Specific Condition #9 below. Swift Water Drive, Pier Place, Aberdeen Place, Mendelson Place, Pathfinder Place, Schuber Avenue, Red Rock Court, Swift Water Street, Mountain Man Way, and an unnamed cut-de-sac in Block 5, all show 33-foot street sections. ACHD policy allows the 33-foot street section (with Meridian Fire Department approval). Staff is supportive of AZ-03-035, PP-03-061.CUP-03-065 Senleoart6urlge AZPP.COP.doo Planning & Zoning Commission(Mayor & City Council P&Z Hearing Date: 7anuary 15, 2004 Page 12 the proposed 33-foot street sections listed above, with parking restrictions to be determined by the Meridian Fire Department. 4. "Typical" Landscape Easements: The Applicant has depicted several landscape easements on the preliminary plat. The purpose of the landscape easements are unclear to staff. Further a typical landscape easement is shown on Lots 18 and 19, Block 2. Lots 18 and 19 will have attached units and staff would like the Applicant to either remove the landscape easement or clarify how access to these units will be provided because it does not appear that these lots can utilize a shazed driveway if there is a landscape easement where the driveway would typically be. Further, a note should be placed on the face of the final plat stating the purpose of these landscape easements, and who is responsible for the maurtenance of said easements. See Site Specific Condition #10 below. 5. Landscapine: Existin Trees: There are several mature trees on the subject site. The Applicant is proposing to retain some of the trees that are near the existing fazm house adjacent to McMillan Road. Any existing trees larger than 4" caliper that are removed shall be mitigated for, per the Landscape Ordinance (MCC 12-13-13). There will need to be an adopted plan of how to protect the grove trees during demolition of the farm house and new construction neaz the grove, including Swift Water Drive and the park Lot 7, Block 3. There should be tree protection zones established and fenced before demolition begins. The Applicant should work with the City Arborist, Elroy Huff, on designing and implementing a protection plan. If any trees are deemed to be a hazazd, diseased or dying by the City Arborist, prior to removal, mitigation will not be required for those trees. Staff further recommends that the Applicant verify the status of the existing trees prior to submitting a final plat and detailing any required mitigation on the detailed landscape plan submitted with the final plat. See Site Spec Condition #11 below. The submitted landscape plan prepared by The Land Group, Inc., and dated 11-11-03 is approved as submitted, with the following modifications: a. The addition of two (2) trees to the street buffer along Locust Grove Road (14 trees total required, 12 shown), south of Trinity Springs Drive. Said trees shall be included in the publication titled Tree Selection Guide for Streets and Landscape throughout Idaho (MCC 12-13-7-1). b. Remove the proposed 5-foot vinyl fence where the clear vision triangle should be at the intersection of Locust Grove Road and Trinity Springs Drive. c. The modifications to the street buffer/North Slough common lot neaz McMillan Road as described in Site Specific Condition #2. Micropaths: The Applicant is proposing to construct two micropaths, Lot 32, Block 1, and Lot 42, Block 3. All micropaths/pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9. AZ93-035, PP-03-041, QIP-03-065 Sel9emmrt&idgeAZPP.CW.dac Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 13 SPECIAL RECOMMENDATION TO THE APPLICANT: The Applicant is proposing several lineaz common azeas throughout the development. The proposed linear open spaces do not meet the justification for staff to require micropaths, but staff believes that pedestrian paths in the lineal azeas where sod is proposed will make the open space more user-friendly. Therefore, staff recommends that t!-e Applicant work with staff on designing paths within the linear open space areas that allow pedestrians to traverse from one side of the developmem to the other more easily. Staff further recommends that fencing adjacent to any paths that aze constructed in the common lots be restricted in the CC&R's in accordance with Meridian City Code. Unimproved Risht-of-Wad Meridian City Code 12-13-10-9 requires a 10-foot wide gravel shoulder abutting right-of--way where the unimproved portion of the right-of--way is greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Yeaz Work Program. The remainder of the unimproved right-of--way should be landscaped with lawn or other vegetative groundcover. On the submitted landscape plan the Applicant has shown a a- foot wide gravel strip on McMillan Road and Locust Grove Road. However, McMillan Road abutting this site meets the warrants for the 10-foot wide gavel shoulder requirement listed above. Therefore, the Applicant should be required to construct a 10- foot wide gravel shoulder on McMillan Road, with the remaining portion of the right-of- way being landscaped with lawn or other vegetative groundcover. See Site Specific Condition #12 below. 6. Pi ing of Ditches: Meridian City Code 12-4-13.A.1 requires all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous, or which canals, ditches or lateral touch either or both sides of the azea being subdivided, to be covered and enclosed with tiling or other covering equivalent in ability to detour access to said ditch, lateral or canal. As mentioned above, the Applicant is proposing to relocate the North Slough neaz McMillan Road. The Applicant is proposing to leave the North Slough open and utilize it as an amenity (see CUP analysis below for further analysis of the proposed amenities.) Meridian City Code 12-4-13.A.2 allows the City to waive the requirement for covering a ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. The North Slough to the east and west of the site is currently open. Staff believes that if the North Slough were tiled/covered a valuable feature would be lost. Further, if the Applicant were to fence the canal, the use of the waterway as a visual amenity would be significantly reduced. Therefore, staff recommends that the Applicant subject site. See Site Specific Condition #13. Encroachment Bement: There aze several proposed buildable lots that encroach into the proposed Settlers Irrigation District (SID) easement for the North Slough. If SID A7A3-035, PP-93-041, (SA~-03065 SeWmm[ Bridge AZPP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 14 does not allow encroachments into their easement areas as proposed, the Applicant should be required to enlarge the common Lot 51, Block 2, to include the non- encroachable areas. Prior to development plan approval, a copy of the signed encroachment agreement(s) shall be submitted to the Public Works Department. See Site Specific Condition #14 below. 8. Pressure Irrigation: The Applicant has indicated that the pressurized imgation system within this development is to be owned and operated by the Settlement Bridge HOA Underground year-round pressurized irrigation must be provided to all lots within this developmem (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a yeaz-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, 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 azeas prior to signature on the final plat by the City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to plan approval. See Site Specific Condition #15 below. 9. Domestic Water Supplp ~+- The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within this development for a new well site. The developer has indicated to staff that it may be possible to locate the well within the "Grove" common azea. The developer and staff from the Public Works Department will continue to negotiate the location of the well site within this development. However, In the event that the City is unable to acquire the necessary land for the needed well, whether it be by donation or purchase, staff would recommend denial of this application until such time that additional supply can be provided to the vicinity. STTE SPECIFIC COMMCNTS-PRELIlFIINARY PLAT 1. Al] conditions of the accompanying Annexation/Zoning (AZ-03-035) and Conditional Use Permit (CUP-03-065) application shall also be considered conditions of the Preliminary Plat (PP-03-041). 2. Construct a 40-foot wide landscape buffer/common lot along McMillan Road, west of Schumann Avenue. The Applicant shall plant shrubs within the portion of the required street buffer on McMillan Road that also has an irrigation easement (south of the North Slough). Any future right-of way shall be located on a separate common lot. Within the 40.foot wide landscape buffer/common lot, the Applicant shall be allowed to include the North Slough and a 10-foot wide multi-use pathway, in lieu of a concrete sidewalk, as proposed. Coordinate the design of the western terminus of the multi-use pathway with the developer of Sheridan Place Subdivision, who is expected to construct a pedestrian path adjacent to the Idaho Power substation site. A7.03035, PP-03-061,CUP-03-065 SRII®en[9ri~epZ,PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 15 Revise the submitted preliminary plat to show a minimum 35-foot wide landscape buffer/common lot, east of Schumann Avenue. In the buffer area east of Schumann Avenue the Applicant shall be allowed to construct the sidewalk, with the remaining 30 feet of the landscape buffer being constructed in accordance with MCC 12-13-10-6. Any future right-of way shall be located on a sepazate common lot. 4. Construct a minimum 25-foot wide landscape buffer/common lot along Locust Grove Road (proposed as 35-feet wide). Said landscape buffer shall be located beyond any future street right-of--way, as proposed. Construct the landscape buffer on Locust Grove Road, north of Trinity Springs Drive as shown on the submitted landscape plan. 5. Lots 53 and 54, Block 1, and Lots 34 and 35, Block 2, shall utilize common driveways. Per MCC 11-9-1, frontage for Lots 53 and 54, Block 1, and Lots 34 and 35, Block 2, may be reduced to 15 feet (minimum). Said common driveway shall be constructed a minimum of 16-feet wide, with gravel and asphaltic concrete paving as outlined in Meridian City Code 12-4-14. 6. In accordance with Meridian City Code 12-4-2.E, the Applicant shall align the unnamed cul-de-sac roadway in Block 3 with Mendelson Avenue or Aberdeen Place. 7. Construct Trinity Springs Street as a stub street to the parcel to the east (Parcel No. S0532131214) as proposed. 8. With the submittal of the fmal plat application, the Applicarn shall submit a copy of the Ada Courny Street Name Committee's final approval letter for the street names, subdivision name, and lot and block numbering. Make any other corrections necessary to conform. 9. Connect Territory Court and Stampede Place to each other, to form a connected street system. 10. A note should be placed on the face of the final plat(s) stating the purpose of the proposed typical landscape easements (near street intersections), and who is responsible for the mairnenance of said easements. 1 I. There shall be an adopted plan of how to protect the grove trees during demolition of the farm house and new construction near the grove, including Swift Water Drive and the park Lot 7, Block 3. There shall be tree protection zones established and fenced before demolition begins. The Applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection plan for the grove trees prior to submitting a final plat for the area in Phase 5. 12. The submitted landscape plan prepared by The band Group, Inc., and dated 1-11-03 shall be modified to reflect the following: • Street buffers along McMillan Road shall be modified in accordance with Site Specific Conditions #2 and #3 above. auw3s, vam~oei. cwe-0wus sarm,®rt m;a~ nz.rr.cur.do~ Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 16 • Modify Lot 51, Block 2, to include shrubsand/or other approved vegetative materials within the 40-foot wide common lot for the North Slough/street buffer. Coordinate plant materials with Settlers Irrigation District (SID). A license agreement may be required with SID for landscape materials within their easement. • Modify the plan to show a 10-foot wide gravel shoulder along McMillan Road (14ICC 12-13-10-9). The remainder of the unimproved right-of--way shall be landscaped with grass/sod, as proposed. A license agreement from ACHD for landscaping within the right-of--way will be required. • Add two (2) trees to the street buffer along Locust Grove Road (14 trees total required, 12 shown), south of Trinity Springs Drive. Said trees shall be included in the publication titled Tree Selection Guide for Streets and Landscape Throughout Idaho (MCC 12-13-7-1). • Remove the proposed 5-foot vinyl fence where the clear vision triangle should be aY the intersection of Locust Grove Road and Trinity Springs Drive. • Any tree over 4" in caliper that is removed from the property shall be replaced by installing additional trees, being the equivalem number of caliper inches of trees that were removed. Required landscaping trees will not be considered as replacement trees for those trees that are removed. • All micropaths/pathways within the proposed subdivision shall be designed in accordance with MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 'Pedestrian Walkways." Micropath fencing shall be shown per MCC 12-13-15-9. Submit 10 copies of a revised landscape plan, depicting the above-mentioned changes, to the City Clerk at least 10 days prior to the next public hearing. 13. Except for the North Slough (aka Settlers Canal), all irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per City Ordinance 12-4-13. Plans will need to be approved by the appropriate irrigation/dralnage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, plans will be reviewed and approved by the Meridian City Engineer prior to final plat signature. 14. Prior to submittal of a final plat, submit a copy of an encroachment agreement with Settlers Irrigation District for the portion of the buildable lots in Block 2 that encroach into the North Slough easement. 15. The Applicant has indicated that the pressurized irrigation system within this development is to be owned and operated by the Se1#lemerrt Bridge HOA. Underground year-round pressurized irrigation must be provided to all lots within this development (MCC 12-5-2.N). The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant shall be required to utilize any existing surface or well water for the primary source. If a surface or well source is not auallable, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer shall be AZd3-035, PP-03-MI~CUP-03-065 SeM®eot Bridge AE.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 17 responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. A draft copy of the pressurized irrigation system O&M manual must be submitted prior to development plan approval. 16. Sanitary sewer service to this subdivision shall be via a main trunk extension to the existing temporary sewage lift station in the Vienna Woods Subdivision. The applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 17. Municipal water to this site shall be via extensions from existing mains in N. Locust Grove and E. McMillan Road. Applicant will be responsible to construct the sewer and water mains to and through this proposed development, thereby making them available to adjacent properties. Subdivision designer to coordinate main sizing and routing with the Public Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. 18. A detailed fencing plan shall be submitted upon application of the final plat (MCC 12-4- 10.F.3). A 6-foot solid fence shall be required around the perimeter of the subdivision unless the City agrees in writing that such a fence is not required. All fencing shall be installed in accordance with MCC 12-4-10. 19. Revise plat note #10 to include the proposed minimum house sizes for the attached dwelling units. Dwelling units on the attached lots shall be a minimum of 1,200 feet, exclusive of the garage, as proposed. 20. Maintenance of all common areas shall be the responsibility of the Settlement Bridge HOA. 21. A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded for the North Slough pedestrian pathway prior to the final plat being recorded/first building permit being issued €or the applicable phase (shown as Phase 3 on the preliminary plat). 22. Direct lot access to McMillan Road and Locust Grove Road is prohibited unless approved by ACHD and the City of Meridian. A note shall be placed on the final plat restricting access to McMillan Road and Locust Grove Road. 23. Submit 10 copies of a revised preliminary plat that depicts the above-mentioned changes to the City Clerk at least 10 days prior to the next public hearing. GENERAL REQUIREMENTS-PRELIlVIINARY PLAT 1. Coordinate fire hydrant placement with the City of Meridian Public Works Department. N.-03035. PP-03-041. CUP-03-0QS Setll~uert Bridge AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 18 2. Prior to signature of the final plat(s) by the City Engineer, 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. that has not been completed. 3. A detailed landscape plan, in compliance with the Landscape Ordinance, shall be submitted for the subdivision with the final plat(s) application. 4. All sidewalks shall be constructed in accordance with MCC 12-5-2.K. Prior to signature of the final plat(s), all sidewalks shall be constructed or a financial guarantee that said improvements will be completed shall be provided (MCC 12-5-3). 5. Streetlights will be required at locations designated by the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical locations are at street intersections and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 6. Please submit all updated groundwater/soils monitoring data to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water is retained only during 100-year storm events, and for a period of time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. 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. 7. Developer shall coordinate mailbox locations with the Meridian Post Office. Any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Welis may be used for non-domestic purposes such as landscape irrigation. 9. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 10. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the Applicant of responsibility for compliance. 11. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. NAO-0O5, PP-03A41, COP-0}085 Satlmmt 9~ge A2PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 19 FACTS AND FINDINGS FOR CONDTPIONAL USES The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3): A. That the site is large enough to accommodate the proposed use and all yards, open spaces, parking, landscaping and other features as may be required by this ordinance; As part of the Planned Developmern (PD) the Applicant is seeking relief from the standard lot frontage requirement, lot sizes, and maximum cul-de-sac length, as required by Meridian City Code. Further, the Applicant is requesting a modification to the standazd development requirements for a sidewalk and landscaping on McMillan Road. See Special Consideration #1 below. Staff finds that the subject property is large enough to accommodate the requested use and all other required features. Although the site is large enough to accommodate all of the features required by ordinance, the Applicarn has asked, through the Planned Development, to modify specific development standards. 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; Staff finds that the proposed single-family residential subdivision, with a gross density of 3.7 dwelling units per acre (net 4.9 dwelling units per acre), is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be "Medium Density Residential," provided the Commission and Council grant the requested planned development. C. That the design, construction, operafion, 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 general design, construction, operation, and maintenance should be compatible with other uses in the general neighborhood and with the existing or intended character of the azea. D. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity; Staff does not anticipate that the proposed development will have an adverse impact on the surrounding property. However, staff recommends that the Commission and Council AZA3-035, PP-03~Od1. Q1P-03065 Setllavrnt~idge AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 20 rely upon public testimony, star's analysis, and other agency comments when determining if the proposed uses will adversely affect the other properties in the vicinity. 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; The Commission and Council should reference any written or verbal testimony submitted by the Meridian Police Department regarding their ability to adequately service this project. The Meridian Fire Departmern has submitted a list of conditions and needs in order to adequately serve the project (see attachment). Water and sanitary sewer service aze proposed to be extended from existing main lines adjacern to the proposed development. The Public Works Department has determined that an additional water supply well is needed in this vicinity. Discussions are ongoing with this developer for a site within the development for a new well. The developer has indicated to staff that it may be possible to locate the well within the "Grave" common area. The developer and staff from the Public Works Department will continue to work on locating the well site. The ACHD is recommending, with site-specific and standazds conditions, approval of the subject development. Please review the ACHD report for this project for additional information regazding this finding. F. That the proposed use will not create excessive additional requirements at public cost for public facilities and services and wiU not be detrimental to the economic welfare of the community; If approved, the developer will be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public costs to serve the future residents will be fire, police, school facilities and services, and the construction of a new municipal well within the proposed development. Staff finds there will not be excessive additional requirements at public cost and that the annexation and zoning will not be detrimental to the community's economic welfaze. G. That the proposed use will not involve activities or processes, materials, equipment, and conditions of operation that will be detrimental to aay persons, property, or general welfare by reason of excessive prodaction of traffic, noise, smoke, fumes, glare or odors; According to the Traffic Impact Study (TIS) prepared by Dobie Engineering, Inc., the proposed project is anticipated to generate 2,490 vehicle trips per day. Staff recognizes that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfaze of the public. Staff does not anticipate the proposed development will create excessive noise, smoke, fumes, glare, or odors. Staff finds that the proposed residential use will not be detrimental to people, property or the general welfare of the area. AZ03035, PP-03-0OI,CUP-03-065 Seth®vM1Bndgc AZ.PP.CUP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 21 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 does not believe that the proposed vehicular approaches on Locust Grove Road, and McMillan Road will create an interference with traffic on the surrounding public streets. Please review the ACHD staff report for this project for further information regarding this Bending. L That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. See comments under Annexation & Zoning Analysis item "K" above. SPECIAL CONSIDERATIONS-CONDITIONAL USE PERMIT Reduced Standards: As stated earlier, the Applicant is requesting modifications from standard ordinance requirements for lot frontage, lot sizes, and maximum cul-de-sac length. Lot ~ e: Staff is supportive of the requested minimum lot sizes 5,250 square-feet for the detached lots and 4,031 square-feet for the attached lots. Lot Fromaee: As stated in the preliminary plat analysis above, staff recommends that the lots sharing common driveways meet the minimum frontage requirement of 15 feet (see Special Consideration #2 in the Preliminary Plat section above). Staff recommends that the common driveway lots (Lot 52, Block 1 and Lot 33, Block 2) be removed and that the common driveways be constructed within easements on the buildable lots themselves (see Site Specific Condition #5 in the Preliminary Plat section above). Other than this change, staff is supportive of reducing the frontage for the attached lots down to 40 feet (lots on straight-sways) and 28 feet (lots on corners/cul-de-sacs), and reducing the minimum frontage for the detached lots to 58 feet (lots on straight-sways) and 30 feet (lots on comers/cul-de-sacs), as proposed. Gbl-de-sac Leneth: Meridian City Code restricts the maximum length of a cul-de-sac street to 450 feet (MCC 12-4-2.F). The Applicant is proposing a 950-foot long (approximate) cul-de-sac for Swift Water Drive/Pier Place. As stated in the preliminary plat analysis above, stubbing to the future ACHD pond site to the east is not practical. Extending Swift Water Drive/Pier Place to the south would require another vehicular crossing of the North Slough. The City (and ACHD) likes to limit access points to arterial roadways, which McMillan Road is. Therefore, staff is not supportive of extending Swift Water Drive/Pier Place to the north, south or east. However, due to the length of the cul- de-sac, the Meridian Fire Department is requiring an emergency access to Pier Place from McMillan Road (see attached comments from Joseph Silva, Deputy Fire Chief). The key reason the City adopted a minimum cul-de-sac length was for emergency services. If the Meridian Fire Department is comfortable with utilizing an emergency access in this area, AZ-0}035, PP-0}001,CUP-0}06T SeNemod&idge A2.PP.CUP.dac Planning c~ Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 22 staff is supportive of the proposed cul-de-sac length for Swift Water Drive/Pier Place. See Site Specific Condition #2 below. 2. Amenities: The proposed amenities for the planned development include: 2 tot lot areas and a grove area that are linked by a linear open space system; 7.93 acres of open space (11.23 %); and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough. Staff finds that the proposed amenities meet the requirements outlined in the Planned Development section of Meridian Code and recommends approval of the amenities as proposed. The Cormission and Council should review these proposed amenities and determine if they are "appropriate to the size and uses of the proposed development" (MCC 12-6-2.3). See Site Specific Condition #3 below. NOTE: The Applicant should work with Meridian Planning & Zoning staff as well as ACRD staff on striping, signage, or other means to create an efficient crosswalk design for the multi-use pathway at Schumann Avenue. Because the pathway crosses from one side of the canal to the other at Schumann Avenue at an angle, and because Schumann Avenue is a residential collector street with upwards of 1,500 vehicles per day, staff has some concerns with getting pedestrians from one side of the street to the other. See Site Specific Condition #4 below. 3. Housine Tomes: The Applicant is proposing a mix of single-family detached and attached housing units. Of the 266 proposed buildable lots, 98 will have attached units, and 168 will have detached units. The majority of the attached units are on the northern portion of the site, with the detached units on larger lots lying on the southern portion of the site. Land Use Buffer: For the units that abut the Idaho Power Company substation, the Applicant is proposing to construct a 6-foot solid fence on the property line. There is approximately 15 feet of existing landscaping on the Idaho Power site and a chain link fence. With the existing off-site landscaping (15 feet) and the proposed on-site landscaping (15 feet) and fencing, there will be a minimum 30 feet between the rear of the residences and the operational area of the substation (inside the chain link fence). Drivewavs: The Applicant has submitted a conceptual drawing of how the driveways for the attached units will be constructed. This conceptual drawing shows a 20-foot wide shared driveway on the shared property line. Staff is supportive of shared driveways for both attached and detached units. SITE SPECIFIC CONDITIONS (Conditional Use P rmitl Applicant shall meet all of the requirements of the Annexation/Zoning (AZ-03-035) and Preliminary Plat (PP-03-041) as a condition of the Conditional Use Permit (CUP-03-065. 2. The project shall conform to the modified dimensional standards, as follows: • Minimum lot size: 4,031 square-feet (attached lots); 5,250 square-feet (detached lots). AZ-D1D33, PP-03-DdI,CUP-03°65 SelDaoml Bridge AZPP.C[IP.doc Planning & Zoning Commission/Mayor & City Council P&Z Hearing Date: January 15, 2004 Page 23 Minimum frontage: 40 feet for attached lots on straight-away streets and 28 feet (lots on corners/cul-de-sacs); 58 feet for detached lots on straight-away streets and 30 feet (lots on comers/cul-de-sacs). Lots sharing common driveways shall have a minimum street frontage as outlined in MCC 11-9-1. The Applicant is granted permission to exceed the 450-foot maximum cul-de-sac length as depicted on the submitted plat (approximately 950-feet long). As a condition of increasing the cul-de-sac length for Swift Water Drive/Pier Place, the Applicant shall construct an emergency access from Pier Place to McMillan Road. Coordinate the design and construction of the emergency access with the Meridian Fire Department. 3. The proposed amenities for the planned development including three tot lotJactivity areas linked by a linear open space system, over 7 acres of open space (over 10%), and the construction of a portion of the "Meridian Loop" pathway system abutting the North Slough are approved with this application. Unless otherwise approved by Planning & Zoning staff, the proposed amenities shall be installed as depicted on the landscape plan. 4. The Applicant shall work with Meridian Planning & Zoning staff as well as ACRD staff on striping, signage, or other means to create an efficient crosswalk(s) design for the multi-use pathway at Schumann Avenue. 5. All sidewalks shall be constructed as submitted and in accordance with MCC 12-5-2.K. 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 Applicant is proposing to construct park areas, micropaths, and amulti-use pathway within the development. Staff is supportive of the variety of park types/open space, as they meet 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-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of location suitable for residential development. The Applicant is proposing attached and detached single-family dwelling units. This proposal will help to increase the diversity of Meridian's housing types. RECOMMENDATION Staff recommends approval of the submitted annexation/zoning (AZ-03-0357, preliminary plat (PR-03-041), and conditional use permit (COP-03-O[iw'S) applications, with the conditions listed herein. AZ-03-035, PP-030.11, CUP-03-065 SeWanart 6ndge AZ.PP.CUP.doc J I-II Y. 1 D . GGU' 4 11 • JGI-II' I CAPITAL , DEVEI-OPIVV~EATT, Inc. January 15, 2003 FAXED DIRECT {688-6854} Craig Hood, Associate CityPlapner Meridian Planning and Zoning tvt~ 660 E, Watertower, Suite 202 ~ ~ 2 tv t Meridian, Id 83642 RE: Settlementl3ridgeSubdivision. ~~ I~ _Q 1 nu. a its r. ~i~ ~~~~~~~~ J ^.'-' . '3.2004 ".;i;y CNi~'leridiat'i ~;'ri;v f :',c-,~k Office DearCraig, ~ ~'~ x'15 '~ g i I 6/O I have reviewed the Annexation and Preliminary.Piat and.Conditional U.se Permitstaff report for SetttementBrid'ge Subdivision and offer the following comrrienis/clarifications. Annexation/Rezone Facts and Conditions 1. We will complywith the condition as 'stated. 2. We wtll'complywith the condition es stated. 3. We agree. 4. We will complywith the condition as stated and afe continuing to negotiatevuith the Cityin assisting them in the acquisition ofa well sits within this subdiusion. Prelim inarv PIaE Site Specific Conditions •, 1. We will complywith the condition as stated: 2. We will complywith the. corfditfon as stated. 3, We will complywith the condition as stated. , 4. We request additional fang'uage.to this conditon referencing the staffs comments regarding the Locust Grove frontage ag it.pertains to the Idaho Hower properly {see page 10 in staff report}. 5. As Settlement Bridge is a Planned.Development, we request utilizing common lots, and notflag lots; forthe access fo.r#heselbts {as the platwas originaAysubmitted). These reasons are; 1} itts ~easiertp reference a common lot within CC~Rs and/or use individual deed restrictions for the acpess and'maintenance ofa common driveway, and 2} the Cityhas approved similardesigns with common driveways located on common lofs in other Planned Developments within the Ciiyof Meridian. k200 North Meeker Place Boise, Idaho 83713 Page 1 of 4 Oflce: (206) 377-3939 Fax; (206) 375-3271 .TAN 1 S 'lad 1 G: ~~ ~ ~ ~ ~ ~ - .t -lao»cv-inn nnr~ n-. ivv. tiro r. of ,~ ' - B019E. Idaho AA71A _ /9ea1 sr onto ti. We will complywith the condition as stated. 7. We will complywith the condition as stated. t3• We will complywith the wndition as stated. g. We will complywith the condition as stated, 10. We will complywith the condition as stated. 11. We will complywith the condition as stated. We requestthat ifawell site is acquired by Meridian Citywithin this area that the Ciiywork with us in protecting these trees. 12. We agree with the condition as stated with the following chance: The second bullet should add the following language at the end ofthe paragraph: '?fan agreement cannot be reached with SID, then an alternative method of compiance can be approved at stafflevel wish Meridian City P&Zstaff." (The purpose for the change to the condition is that in the eventan agreement cannot be reached with Settlers Irrigation District (SID}, an al~rnative is approved without having to go backthrough the P&Z approval/hearing process). 13. We will complywith the condition as stated. 14. Justlike a reoentlyapproved subdivision ofours, Baldwin Park Addition, we ask that this condition be slightly modified. pgain,the purpose for the change is that we believe an encroachment agreement may not be necessaryonce the ditch is realigned and a new easement is given to the Irrigation District. We request this condition be replaced with the following language: "!f any buiklhb/e lots are located within lire Settlers irrigation District Easemen$ fire applicant shall be required to submit a copy of an encroachmerrf agreement priorto the scheduling apreconstruction meeting for 8re applicable phase." Page 2 of 4 SRN 15 '04 10:33 taARR75R771 pcarF_Az ir~+. vro r. vim 1ti. Though we agree with this condition in concept, we have concerns with the portion of the condition referenang "Ifasingle-point connection is utilized, thedeveloper shall be responsible forthe payment of assessments forthe common areas prior to signature on the final plat bythe City Engineer.° The reason forourconcem is that, as we are negotiating with the Cityforawell site within this subdivision,we feel this condition mayrequire the atyto purchase the landforthe well site. In otherwords, having us both donate the land forthe well site and den paythe Cityforthese common area assessments seems inappropriate. We request that the condr~ion be modified to allow etas the ability to eltirer charge a reduced assessment, or e!»tinate the assessment, dependstg on the value of the land neededfor the well site. 16. We request this condition be modified. We should not be required to give easements to the Cityforsewer without payment if the easem ants are outside our phasing. This was recentlyagreed bythe CiiyCouncilforthe Paramount subdivision, Vlk will committo work with the Ciiy if easements are desired. 17. Same as Condition #18. We request this condition be modified. We should not be required to gig easements to the City forwater without paym ant if the easements are outside ourphasing. This was recentlyagreed bythe CityCouncil for the Paramount subdivision. We commit to work with the Ciiyifeasements are desired. 18. We will complywith the condition as stated. 19. We will complywith the condition as stated. 24. We will complywith the condition as stated. 21. We requestthis condition be clarified that the easements will be given, in favor ofthe City, priortothe City Engineer signing thefinal platforeach phase where the pathwaywill bewithin the phase. One wayto clarifythis condition would be to delete the parenthesis atthe end of the condition. 22. We will complywith the condition as stated. 23. We will complywith the condition as stated, however, we would prefer to submita revised prelim inaryplatonce the preliminaryplat is approved and the conditions of approval are finalized byCityCouncil, Page 3 of 4 JRN 15 '04 10 34 12083753271 PRGE.04 ire. tiro r. ~i~ Conditional Use Permit Site Specific Conditions; 1• WVe will complywith the condition as stated. 2. We will complywith the condition as stated, with the exception that the last sentence ofthe second bullet be deleted and replaced wlth the same language as Preliminaryplatcondifion #5 referencing this is a Planned Developmentandwill utilize common lotforcommon drivewayaccess to these lots. 3. We ask thatthecondition bemodified with two changes. Ifa well site is acquired, approximately 15,000 square feet ofopen space maybe reduced from the plat We ask that the conditfon be modified to recognize that, "lf the City acquires a wellsite in the area where commonarea is proposed, adolitional gpen space will not be req~lred by the development:" "Also, we request that the "Meridian Loop pathway can be located on either side of the North Slough Canal." 4. We will complywith the condition as stated. 5. We request the condition to bemodified to add a second sentence that states, "the Meridian Loop pathway is allowed in lieu of a 5-foot sidewalk where the pathway location coinckles with the sidewalk. Gene I e uire en ; The applicant has reviewed all the General Requirements and agrees to complywith ALL of them inlheCityStaffreport. to general the applicantconcurs with the Staff reportwfth the clarifications mentioned above. If there is additional information oritems thatneed clarification, I will be available for public testimony, with our planner and ourengineer, when this item is heard at the Planning and Zoning Commission hearing. Slrely Dave Yo0.rge on Cc: Mike Wardle (via a-mall) Gene Smith (fx 378-5556) JoAnn Butler (fx 388-1001) City Clerk (fx 886,421 B) Page 4 of 4 JAN 15 '04 10 34 12083753271 PRr;F_RS CAPITAL DEVELOPMENT, Inc. 6200 N. Meeker Place, Boise, Idaho 83713 Phone: 208-377-3939 Fax:208-375-3271 Email: capdev@cableone.net I1V~Y11.J 1 •1~J 1~ECEIVE ~,ar,~ ; ~ 2004 r;ity Gf Msridi~ri t"ity Clerk C)ffiee January 15, 2004 10:16 AM Fax Cover Sheet Send to: Tara Green Frora: Dave Yor ason Office: City of Meridian- Clerk Office: Ca ital Develo ment Fax number: 888-4218 Re: Settlement Brid e cc: ^ Urgent ^ Reply ASAP Total Pages (including cover): 5 ® For Your Review not receive all pages, please call as soon as JRN 15 '04 10 33 ^ As Requested ^ F'yl Thank 17RP~7S3'J71 POf;F Ll'I CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE January 15, 2~~4 ITEM # 9 PROJECT NUMBER PP 03-041 PROJECT NAME Settlement Bridge Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL ~~ ~,Bd~ S -e~2/ x Preporing TodoJs Student fa Tomorrow's SUPERINTENDENT Christine H. Donnell Joint Schoo[ District No. 2 911 Meridian Road • Meridian, Idaho 83642 • (208) 855-4500 • Fax (208) 888-6700 December 11, 2003 City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Planners: RECEIVED DEC 15 2003 City of Meridian City Clerk Office The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of Settlement Subdivision will have a significant impact on school enrollments at Discovery Elementary Lowell Scott Middle and Eagle Hi School We can predict that these homes, when completed, will house eighty-five (85) elementary aged children, sixty-five (65) middle school aged children, and forty-seven (47) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it maybe necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 888-6701. Sincerely, ,~-~~~ Wendel Bigham Supervisor of Facilities and Construction CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE January 15, 2004 ITEM # PROJECT NUMBER 10 CUP 03-065 PROJECT NAME Settlement Bridge Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL