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Granton Square - AZ-14-019CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-14-015; PP-14-019 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.13 Acres of Land with the R-8 Zoning District and Preliminary Plat Consisting of 28 Residential Building Lots and 7 Common/Other Lots on 4.81 Acres of Land, Located on the East side of N. Locust Grove Road, South of E. Ustick Road, by Granton Square Properties, LLC Case No(s ). AZ-14-015; PP-14-019 For the City Council Hearing Date of: March 3, 2015 (Findings on March 17, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-14-015; PP-14-019 - 2 - 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 3, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of March 3, 2015, attached as Exhibit A. 2. The applicant’s request for preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of March 3, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-5B-3D). A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-14-015; PP-14-019 - 3 - agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 3, 2015 By action of the City Council at its regular meeting held on the day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Tat de Weerd VOTED VOTED VOTED VOTED Ir VOTED VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. .r Dated: 3 1$ 1 S City lerk's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-015; PP -14-019 -4- EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 1 STAFF REPORT Hearing Date: March 3, 2015 TO: Mayor and City Council FROM: Bill Parsons, Planning Supervisor (208) 884-5533 Bruce Freckleton, Development Services Manager (208) 887-2211 SUBJECT: Granton Square – AZ 14-015 and PP-14-019 1. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Granton Square Properties, LLC has applied for annexation (AZ) of 5.13 acres of land with an R-8 zoning district and preliminary plat (PP) consisting of twenty-eight (28) single-family residential lots with four (4) common/other lots on approximately 4.81 acres of land. See Section 9 of the staff report for more information. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation and preliminary plat with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on February 5, 2015. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Randy Clarno ii. In opposition: None iii. Commenting: None iv. Written testimony: Kirsti Allphin, Applicant’s representative response to the staff report. v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Ted Baird b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. Commission modified DA provision b replacing Lots 2-6, Block 1 and Lot 2, Block 3 with Lots 3-5, 7 and 8, Block 1. ii. Commission modified DA provision d replacing 1,720 square feet of open space with 2,400 square feet. iii. Commission struck condition of approval 1.2.1a. iv. Commission modified condition of approval 1.2.1b. replacing Lots 10-11, Block 3 with Lots 6-11 and Lots 17-18, Block 1. v. Commission modified condition of approval 1.2.2b requiring the applicant submit a detail for the plaza and bench with the final plat application. vi. Commission added a new condition requiring Lots 8-9, Block 2 to front on N. Lochness Way if the existing residence is not to remain as part of the development. d. Outstanding Issue(s) for City Council: i. None EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 2 The Meridian City Council heard these items on March 3, 2015. At the public hearing, the Council approved the subject AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Randy Clarno ii. In opposition: None iii. Commenting: None iv. Written testimony: Kirsti Allphin, Applicant’s representative v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. The intent of the architectural embellishments on the rear facades adjacent to N. Locust Grove Road. c. Key Council Changes to Staff/Commission Recommendation i. Council modified DA provision d. to require the development to provide a minimum of 5.5% open space and a plaza with a bench as an amenity. ii. Council struck condition of approval 1.2.2c. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-14- 015 and PP-14-019 as presented in staff report for the hearing date of March 3, 2015 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-14-015 and PP-14-019 as presented in staff report for the hearing date of March 3, 2015 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Numbers AZ-14-015 and PP-14-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel # S1105233842) The site is located on the east side of N. Locust Grove Road, south of E. Ustick Road in the NW ¼ of Section 5, T.3N., R.1E. b. Applicant: Granton Square Properties, LLC P.O. Box 8256 Boise, ID 83707 c. Owner: Karl and Carol Moxley 2680 N. Locust Grove Road Meridian, ID 83642 d. Representative: Kirsti Allphin, KM Engineering, LLP 9233 W. State Street EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 3 Boise, ID 83714 e. Applicant's Request: Please see applicant’s narrative for this information. 5. PROCESS FACTS a. The subject applications are for annexation and a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: December 29, 2014 and January 12, 2015 (Commission); February 9, and 23, 2015 (Council) c. Radius notices mailed to properties within 300 feet on: December 18, 2014 (Commission); February 9, 2015 (Council) d. Applicant posted notice on site by: December 24, 2014 (Commission); February 20, 2015 (Council) 6. LAND USE a. Existing Land Use(s): The subject site consists of a single family residence and a detached accessory structure that may remain with the development of the proposed subdivision. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: Except for the Ada County parcel to the north (RUT), this property is primarily surrounded by residential subdivisions, zoned R-8. c. History of Previous Actions: NA d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in N. Locust Grove Road. Location of water: A water main intended to provide service to the subject property currently exists in N. Locust Grove Road. Issues or concerns: Sanitary sewer and water services must be provided to all building lots within this development. As currently designed, the applicant has not shown how Lot 2, Block 8 will receive services. e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities traverse the subject property. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive Plan anticipates densities between 3 to 8 dwelling units per acre. The applicant is requesting to annex the property with an R-8 zoning district. The Unified Development Code (UDC) allows a maximum of 8 dwelling units to the acre. The proposed preliminary plat depicts a residential subdivision consisting of 28 single-family detached homes EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 4 on 4.81 acres of land at a gross density of 5.82 dwelling units per acre consistent with the MDR designation. The proposed density falls within the density requirements of the UDC. For these reasons, staff finds the proposed development is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The proposed medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of a mix of medium-low density residential developments.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) The proposed development is adjacent to properties annexed into the city and services are available to be extended to the site upon development in accord with UDC 11-3A-21.  “Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development.” (3.07.02I) The subject property is surrounded by properties developed at suburban densities consistent with the density of the proposed residential development. The proposed development will also consist of single family detached homes. Although the lots are smaller than the adjacent subdivisions, the proposed lot sizes comply with the dimensional standards of the proposed R-8 zone.  “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.”(3.03.03C) The main entrance into the proposed residential development is from N. Locust Grove Road (via E. Challis Street), a principal arterial roadway. The adjacent residential subdivisions were not required to stub a street to this property. Because stub streets were not required with previous, adjacent developments, the applicant is proposing to parallel a public street adjacent to the drainage pond on the north boundary which may provide inter-connectivity with the Ada County property to the north if/when ACHD and the Chamberlain Estates Subdivision modify the drainage lot.  “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.”(3.05.02C) The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site.  “Require usable open space to be incorporated into new residential subdivision plat.” (3.07.02F) Meridian City Code requires open space in residential districts for developments of five acres or more. The applicant is annexing 5.13 acres of property and subdividing 4.81 acres. This property is surrounded by older subdivisions that pre-date the open space requirements of the UDC and the property is not in close proximity to any public parks. Further, the property has several mature trees on the property that could be saved and incorporated into a small passive open lot. For these reasons, staff believes the applicant should provide some useable EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 5 open space for the 28 dwellings proposed on this property. If some open space is not provided, staff does not believe annexation of this property is in the best interest of the City.  “Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)” (3.05.02C). Street buffer landscaping is required adjacent to N. Locust Grove Road in accord with the standards listed in UDC 11-3B-7C. The proposed buffer exceeds the requirements of the UDC to mitigate from the loss of the mature trees. After considering all of these factors staff finds that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-8): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as a principally permitted use in the proposed R-8 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: A 25-foot wide landscape buffer adjacent to N. Locust Grove Road is required to comply with the design standards in accord with UDC 11-3B-7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Annexation (AZ): The applicant has applied to annex 5.13 acres of land from to the R-8 zoning district (see legal description in Exhibit C). As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR for this property. To ensure the property develops consistently with both the UDC and the Comprehensive Plan, staff recommends a development agreement be required as part of the annexation approval. Staff’s recommended development agreement provisions are outlined in Exhibit B of the staff report. Preliminary Plat (PP): The proposed preliminary plat consists of twenty-eight (28) single family residential lots and four (4) common/other lots on approximately 4.81 acres of land in the proposed R-8 zoning district. Lot sizes range between 5,000 and 7,109 square feet respectively. The average lot size within the proposed subdivision is 5,401 square feet. The proposed gross density of the subdivision is 5.82 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-8 zoning district. However, staff believes the applicant should make several modifications to the proposed preliminary to increase the functionality of the layout and provide open space within the development. Staff recommends the following revisions: 1) Lots 5 and 6, Block 1 and Lots 3 and 4, Block 2 should front on N. Summerbrook Avenue to prevent vehicles from backing onto the main EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 6 road providing access to N. Locust Grove Road; and 2) Add a common lot (approximately 1,720 square feet) on the north side of E. Challis Street and incorporate a plaza with benches for the future residence to use (see Exhibit A.3 for staff’s changes). Prior to the Commission hearing the applicant shall provide a revised plat and landscape plan with the recommended changes. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The R-8 zone requires a minimum lot size of 5,000 square feet with 50 feet of street frontage when taking access from a public street and 4,000 square foot minimum lot size if the lots take access from a common driveway. The proposed plat complies with the dimensional standards of the R-8 district. The applicant is proposing Lots 10-11, Block 3 take access from a common drive (Lot 12, Block 3). The submitted plat depicts a 20-foot wide common lot and 5-foot wide landscape buffer along the north side of the common drive to restrict Lot 14, Block 3 from taking access from the common drive in accord with UDC 11-6C-3D5. With final plat submittal, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures. Additionally, the common driveway and the landscape buffer must be owned and maintained by the homeowners association. Access: Access to this development is proposed from the extension of E. Challis Street, via N. Locust Grove Road. The internal streets are proposed as a reduced street section (40 feet of right- of-way; 36 feet between curbs); which allows on-street parking both sides of the street. E. Chemise Street will border the north boundary of an ACHD storm drain pond. For this roadway to provide inter-connectivity with the adjacent Ada County property to the north, ACHD and the Chamberlain Estates Subdivision must redesign the existing storm facility. Staff is supportive of the public street access and reduced street section proposed for the development. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A 25-foot wide landscape buffer adjacent to N. Locust Grove Road is required to be installed in accord with UDC 11-3B-7C. On the submitted landscape plan, the applicant is proposing to construct a 40-foot wide landscape buffer in accord with the UDC standards. Open Space and Site Amenities: The UDC (11-3G-3) requires open space to be provided for developments of five acres or more. In looking at the surrounding area, this area of Meridian is deficient in recreational open space. As mentioned above, the Comprehensive Plan promotes the integration of usable open space into residential developments. For these reasons, staff is recommending the applicant incorporate open space and an amenity as part of the development. Sidewalks: UDC 11-3A-17C requires detached sidewalks along all arterial streets within the City. Currently, a 7-foot wide attached sidewalk exists along Locust Grove Road. Since the existing sidewalks pre-date the proposed subdivision, staff is not recommending any changes to the existing sidewalks. However, there is an existing curb cut for the existing home current access to Locust Grove Road that should be removed and replaced with new sidewalk with the development of the proposed subdivision. Existing Trees: The subject property contains numerous mature trees that will be removed with the development of the proposed subdivision. Per in UDC 11-3B-10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site. The submitted landscape plan depicts the buildable lots will be planted with trees to mitigate for the loss of the mature trees. With the submittal of the final plat the applicant must submit a revised EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 7 landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The applicant is proposing 6-foot vinyl privacy fencing adjacent to N. Locust Grove Road. The north, east and south boundary currently consist of 6-foot wood privacy fence constructed with the adjacent subdivisions. The fencing proposed for the development complies with UDC 11-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to receiving approval on the development plans. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: There is an existing home and accessory detached structure currently developed on the property. The accessory building will be removed with the development of the subdivision. Per the applicant, the existing home may remain as part of the development however; the decision to keep the home will not be made until the applicant submits a final plat application. If the home is to remain as part of the subdivision, the final plat would consist of one less lot which is allowed under the UDC. Further, the applicant will be responsible for connecting the existing home to City services and coordinating with the City’s address specialist on a new address for the home. If the existing home is not to be part of the development, it must be demolished. Any existing well and septic system must be abandoned prior to the City Engineer’s signature on a final plat regardless if the home remains or is demolished. Building Elevations: The applicant has submitted sample photos that depict the style of homes proposed for the subdivision. The proposed homes depict a mix of building materials (lap siding, stucco, cedar shingle siding and board and batten siding) and stone wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop-outs, dormers and covered front porches. Because the applicant is requesting to annex the property, staff recommends the applicant incorporate similar building materials and a mix of materials on all sides of the future homes, specifically, for those facades that face a public street as envisioned by the Meridian Design Manual. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review the home elevations adjacent to N. Locust Grove Road (Lots 2-6, Block 1 and Lot 2, Block 3) as described above to ensure conformance with these design features. Future homes constructed within the subdivision must comply with the elevations attached in Exhibit A.4. In summary, Staff recommends approval of the proposed annexation and preliminary plat with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 01/23/15 02/05/15 REVISED) and Staff’s Recommended Revisions EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 8 3. Proposed Landscape Plan (dated: 01/23/15 02/05/15 REVISED) 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 8 A. Drawings 1. Vicinity Map EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 9 2. Proposed Preliminary Plat (dated: 01/23/15 02/05/15) REVISED EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 10 3. Proposed Landscape Plan (dated: 01/22/15 02/05/15) REVISED EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 11 4. Building Elevations EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 12 EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 13 EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 14 B. Conditions of Approval 1. PLANNING DIVISION 1.1 Annexation 1.1.1 A Development Agreement (DA) is required as a provision of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney’s Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the annexation. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall, at a minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A. b. Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face N. Locust Grove Road (Lots 2-6, Block 1 and Lot 2, Block 3 Lots 3-5, 7 & 8, Block 1). c. A maximum of twenty-eight (28) single family detached homes shall be constructed on the site. d. Open space of at least 1,720 2,400 square feet and a plaza with a bench shall be provided on the north side of E. Challis Street. The applicant shall provide a minimum of 5.5% common open space and a plaza with a bench as an amenity. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 01/23/15, shall be revised as follows: a. Prior to the Commission hearing, the revise the plat as follows:  Lots 5 and 6, Block 1 and Lots 3 and 4, Block 2 should front on N. Summerbrook Avenue to prevent vehicles from backing onto the main road providing access to N. Locust Grove Road; and  Add a common lot (approximately 1,720 square feet) on the north side of E. Challis Street. NOTE: This open space is not 50 feet wide. b. Lots 10 and 11, Block 3 Lots 6-11 and Lots 17 & 18, Block 1 shall take access from common driveway as proposed. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway and 5-foot wide landscape buffer. c. Direct lot access shall be prohibited to N. Locust Grove Road in accord with UDC 11-3A-3. d. If the existing home is not part of a final plat, Lots 8-9, Block 2 shall front on N. Lochness Way. 1.2.2 The landscape plan, dated 01/22/15 shall be revised as follows: a. Prior to the Commission hearing, The applicant shall incorporate a common lot (approximately 1,720 square feet) on the north side of E. Challis Street. The common lot must landscaped in accord with UDC 11-3A-7C and incorporate a plaza with a bench. Submit a detail of the plaza and bench with the final plat application. EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 15 b. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a fence detail with the final plat application. c. Construct Common Lot 1, Block 1 and Common Lot 1, Block 3 as proposed. d. Per UDC 11-3B-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. With the submittal of the final plat the applicant shall submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. e. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 1.2.3 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2.4 All buildings (existing residence and detached accessory structure) that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to City Engineer signature of the final plat. If the existing home remains as part of the development, the applicant will be responsible for connecting the existing home to City services and coordinating with the City’s address specialist on a new address for the home. Any existing well and septic system must be abandoned prior to the City Engineer’s signature on a final plat. 1.2.5 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11 -3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The applicant shall remove the constructed curb cut on N. Locust Grove Road and replace that section with a new 7-foot wide attached sidewalk. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.5 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.7 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.8 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11-3A-6A, unless waived by City Council. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 16 1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.4 The project is subject to all current City of Meridian ordinances. Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.4.5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC 11- 3G-3F1. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible to extend an 8-inch diameter water main in E. Chemise Street to complete a loop between N. Summerbrook Avenue and N. Lochness Way. 2.1.2 If the existing home is to remain, it shall be a requirement of the applicant to hook it up to City water and sewer service within 60 days of services being available. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single-point connection is utilized, EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 17 the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can’t be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 18 accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. PARKS DEPARTMENT 5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10. 6. REPUBLIC SERVICES 6.1 Republic Services has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1 Dedicate 12-feet of additional right-of-way for Locust Grove Road abutting the site, totaling 48- feet from centerline. 7.2 Construct internal streets (Challis Street, Summerbrook Way, and Lochness Way) as 36-foot street sections within 40-feet of right-of-way, complete with curb, gutter, and 5-foot wide concrete sidewalks. 7.3 Construct Chemise Street as a 29-foot local street section with vertical curb, and gutter. Sidewalk should be required on the south side of Chemise Street only. The right-of-way for Chemise Street EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 19 should extend north to the property line. 7.4 Coordinate with the Meridian Fire Department and ACHD Development Review staff on an appropriate signage plan to restrict parking to one side of Chemise Street. 7.5 A sidewalk easement is required for all portions of sidewalk located outside of the right-of-way and 2-feet behind the back edge of the sidewalk. Brass caps are required for all pins located within the sidewalk. 7.6 Construct one public street entrance to intersect Locust Grove Road approximately approximately 520-feet north of Meadowgrass Street. 7.7 Close all existing driveways onto Locust Gove Road and replace with vertical curb, gutter, and 7- foot wide attached concrete sidewalk to match the existing improvements. 7.8 Other than the access specifically approved with this application, direct lot access is prohibited to Locust Grove Road and should be noted on the final plat. 7.9 Payment of impacts fees are due prior to issuance of a building permit. 7.10 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right -of-way (including all easements). 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improvi ng street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District’s Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District’s Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant’s engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right -of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 20 applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right -of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant’s authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 21 C. Legal Description and Exhibit Map EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 22 EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 23 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a f ull investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to annex 5.13 acres to the R-8 zoning district. The Council finds that the proposed map amendment is generally consistent with the MDR designation for this property. If the applicant modifies the layout and incorporates usable open space as conditioned in Exhibit B, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony that was provided to determine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council finds annexing this property with an R-8 zoning district is in the best interest of the City if the applicant enters into a development agreement and complies with the provisions therein. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in general conformance with the comprehensive plan, if the applicant modifies the plat and incorporates usable open space and an amenity as conditioned in Exhibit B (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that services can be made available to accommodate the proposed EXHIBIT A Granton Square - AZ-14-015 & PP-14-019 Page 24 development. C. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council’s attention. ACHD considers road safety issues in their analysis. The Council considered the facts, analysis and all public testimony that was presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff and the Commission is unaware. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considered all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff and the Commission is unaware.