PZ - Staff ReportItem #41 & J: Avebury Subdivision (RZ-15-008 & PP-15-007)
Application(s): Rezone & Preliminary Plat
Size of property, existing zoning, and location: This site consists of 3 acres of land, zoned L-0, and is located at
800 E. Pine Avenue.
Adjacent Land Use & Zoning: The subject property is primarily surrounded by City and County residences zoned
R4, R-15 and R1 in Ada County.
History: In 1991, the subject property was annexed (Ordinance #559) as part of A Danbury Faire Subdivision with
the L-0 zoning district.
Comprehensive Plan FLUM Designation: MDR
Summary of Request: The applicant proposes to rezone 3 acres of land from the L-0 zoning district to the R-15
zoning district to develop fifteen (15) single -family homes.
The proposed preliminary plat consists of 15 single family residential lots and 5 common lots. Lot sizes range
between 2,883 and 5,398 square feet. The proposed gross density of the subdivision is 5 dwelling units per acre
which is consistent with the density requirements of the comprehensive plan. All of the proposed lots comply with the
dimensional standards of the UDC.
Access: Access to this development is proposed from the extension of E. Avebury Way, via W. N. Petersburg Way
and N. Killdare Place. The internal streets are proposed as a reduced street section (29 feet of right-of-way; 24 feet
between curbs); which prohibits on-street parking. To mitigate any concerns with the lack of on-street parking, the
applicant is proposing to construct a guest parking area consisting of nine (9) parking stalls. Five (5) Lots will take
access from a common driveway (Lot 6, Block 1).
Landscaping: A 25-foot wide landscape buffer is required adjacent to E. Pine Avenue. Due to the large irrigation
easement the applicant must either: 1) Create a minimum five-foot (5) wide landscape buffer in a common lot; OR
2) Enter into a license agreement with the Irrigation District to allow the required plantings to be constructed in the
existing Five Mile Creek easement with maintenance occurring by the HOA.
Site Amenities: The applicant is proposing a 5-foot wide pathway connection to the existing 10-foot multi-use
pathway constructed within the Danbury Faire Subdivision to the west. Because the applicant is proposing to
construct this amenity on property they do not own, they must obtain permission from the Danbury Faire HOA and
the Irrigation District prior to commencing with construction of the walkway.
Sidewalks: UDC 11-3A-17D requires 5-foot attached sidewalk adjacent to local streets within the City. The applicant
is not proposing any sidewalk on the north side of E. Avebury Way, a local street. Staff is supportive of this request if
the applicant constructs the 5-foot wide sidewalk along the entire south side of the proposed buildable lots and
provides the connection to the 10-foot wide multi-use pathway; approval to eliminate the sidewalk is predicated on
Council and ACHD approval. If sidewalk is not constructed on the south side of the buildable lots, sidewalk on both
sides of Avebury Way shall be required.
The applicant has not provided the new exhibit demonstrating how the sidewalk in front of the homes will work as
requested by staff.
Building Elevations: The proposed homes depict a mix of building materials (lap siding, cedar shingle, and board
and batten siding) and stone accents. Prior to the issuance of a building permit, Staff will review the all home
elevations to ensure conformance with the elevations.
Written Testimony: None
Staff Recommendation: Approval w/conditions and a DA
Notes:
STAFF REPORT
HEARING DATE: June 4, 2015 C�wIDIAN*--
TO: Planning and Zoning Commission IDAHO
FROM: Bill Parsons, Planning Supervisor
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: RZ-15-008 and PP -15-007 — Avebury Subdivision
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Avebury Development, LLC, has submitted an application for a rezone (RZ) of
approximately 3 acres of land from the L -O (Limited Office) zoning district to the R-15 (Medium-
high Residential) zoning district and a preliminary plat (PP) consisting of fifteen (15) single family
residential lots and five (5) common lots on approximately 3 acres in a proposed R-15 zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ and PP based on the Findings of Fact and
Conclusions of Law in Exhibit D of this report.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to recommend approval of File
Numbers RZ-15-008 and PP -15-007, as presented in the staff report for the hearing date of June 4,
2015, with the following modifications: (Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to recommend denial of File
Numbers RZ-15-008 and PP -15-007, as presented during the hearing on June 4, 2015, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Numbers RZ-15-008 and PP -15-007 to the hearing date of (insert continued
hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 800 E. Pine Avenue in the SE 1/4 of Section 12, Township 3 North, Range 1
West. (Parcel No. S 1107131714)
B. Applicant/Owner:
Avebury Development, LLC
408 S. Eagle Road, Suite #103
Eagle, ID 83616
C. Representative:
Matt Schultz, Schultz Development
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 1
P.O. Box 1115
Meridian, ID 83680
D. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for rezone and preliminary plat. A public hearing is required before the
Planning and Zoning Commission and City Council on the rezone and preliminary plat request,
consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: May 18, and June 1, 2015 (Commission);
C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission);
D. Applicant posted notice on site(s) on: May 25, 2015 (Commission);
VI. LAND USE
A. Existing Land Use(s): The site consists vacant developable land, zoned L -O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is
primarily surrounded by City and County residences zoned R4, R-15 and R1 in Ada County.
C. History of Previous Actions: In 1991, the subject property was annexed (Ordinance #559) as part
of A Danbury Faire Subdivision with the L -O zoning district.
D. Utilities:
1. Location of sewer: Sanitary sewer service for this development exists in W. Pine Avenue, as
well as from the existing trunk sewer bisecting the property.
2. Location of water: Domestic water service for this development exists in N. Petersburg Way
and N. Killdare Place.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The Five Mile Creek transverse the southern boundary of the
proposed development.
2. Hazards: Except for the Five Mile Creek, which could be hazardous to children, staff is not
aware of any hazards that exist on this site.
3. Flood Plain: This property is located in the Meridian Floodplain Overlay District and
development of this site must comply with the City's flood plain ordinance (Title 10, Chapter
6).
VII. COMPREHENSIVE PLAN
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 proposed preliminary plat depicts a residential subdivision consisting of fifteen (15) single family
detached homes on approximately 3 acres of land at a gross density of 5 dwelling units per acre
consistent with the MDR designation.
Concurrently, the applicant is requesting to rezone the property to the R-15 zoning district to provide
relief from the dimensional standards of the R-8 zoning district in order to provide a compact
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 2
development near the Downtown core. Staff believes the property is better suited for residential than
office and finds merits in rezone for the following reasons:
1) Limited access to Pine Avenue to support an office development;
2) Large irrigation easement along the frontage; and
3) The requested zone allows a maximum density of 15 dwelling units to the acre; however the
proposed density falls within the parameters of the MDR designation of the comprehensive plan.
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed use (staff analysis in italics):
• "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 locations suitable for residential development." (3.07.03B)
The proposed single family residential development will allow compact development near the
core which is currently lacking in this area of the City.
• "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)
City services are readily available to serve the proposed development in accord with UDC
11-3A-21.
• "Require appropriate landscaping and buffers along transportation corridor (setback,
vegetation, low walls, berms, etc.) (3.06.02F)
A 25 foot wide street buffer is required along W. Pine Avenue, a designated arterial street.
There is an existing 90 foot wide irrigation easement (Five Mile Creek) along Pine Avenue.
Constructing the full width of the buffer would make 115' of the property width unbuildable.
The UDC does allow a reduced buffer width/improvement in these situations. The applicant
must plat a 5 -foot wide common lot abutting the irrigation easement or entering into a license
agreement with the Irrigation District to accommodate the required street buffer plantings in
accord with UDC 11 -3B -7C.
• "Encourage infill development." (3.01.02B)
The subject property is surrounded by property that has been developed with single family
residential. This has remained vacant for many years and is near downtown which makes it a
good candidate for infill redevelopment.
• "Restrict private curb cuts and access points on collectors and arterial streets." (3.06.02D)
The plat as submitted depicts two (2) local streets (N. Petersburg Way and N. Killdare Place
stubbed to the property. With the development of the property the applicant is proposing to
extend a local street (E. Avebury Way) to connect both street segments. Direct lot access is
not prosed to Pine Avenue.
In order to accommodate the reduced street section, the applicant is proposing to construct
sidewalk on the south side of the road and landscape the north side. ACHD, the Fire
Department and Council must be approved as proposed by the applicant.
• "Require pedestrian access connectors in all new development to link subdivisions together to
promote neighborhood connectivity as part of a community pathway system." (3.03.03B)
A segment of the City's multi -use pathway runs parallel to Pine Avenue. The multi -use
pathway is proposed to remain with the development of the site. To enhance pedestrian
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 3
connectivity with the adjacent development, the applicant is proposing to construct a 5 -foot
wide sidewalk that runs south through the proposed parking area, turns west through five (5)
of the proposed building lots, and connects to the 10 foot multi -use pathway that is
constructed in a common lot (Lot 46, Block 8) platted with the Danbury Faire Subdivision.
The applicant will have to coordinate the pathway connection with the Danbury Faire HOA
and the Irrigation District prior to the submittal of a final plat application.
• "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and
Jackson and Evans drainages) throughout commercial, industrial and residential areas."
(5.01.01E)
The Five Mile Creek runs along the south boundary and must remain open and protected
during construction of the proposed development.
For the above reasons, staff believes the proposed development is consistent with the Comprehensive
Plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of the Residential Districts (R-15): Per UDC 11-2A-1, the purpose of the
residential districts is to provide for a range of housing opportunities consistent with the Meridian
Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling
units per acre and corresponding housing types that can be accommodated within the density
range.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed single
family development is listed as a principally permitted use in the R-15 zoning district.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district applies to development of this site.
D. Landscape Standards:
1. Parking Lot Landscaping: The guest parking lot landscaping must comply with the standards
set forth in UDC 11-313-8C.
2. A 25 -foot wide landscape buffer is required adjacent to W. Pine Avenue in accord with UDC
Table 11-2B-3. The landscape buffers must comply with the standards set forth in UDC 11-
3B -7C. In this case, the frontage is encumbered by a 90 -foot wide irrigation easement and
only requires a minimum of a 5 -foot buffer to accommodate the required plantings.
E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for the
proposed single family development. The guest parking area must comply with the standards set
forth in UDC Table 11-3C-5.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
REZONE (RZ): The applicant proposes to rezone 3 acres of land from the L -O zoning district to
the R-15 zoning district to develop fifteen (15) single-family homes.
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be rezoned.
The City may require a development agreement (DA) in conjunction with a rezone pursuant to
Idaho Code section 67-6511A. To ensure the site develops consistent with the applicant's
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 4
proposal and is consistent with the surrounding single family residential developments, staff is
recommending a development agreement (see Staff's recommended DA provisions in Exhibit B).
PRELIMINARY PLAT (PP): The applicant has submitted a preliminary plat consisting of fifteen
(15) single family residential lots and five (5) common lots on approximately three (3) acres of
land in the proposed R-15 zoning district. Lot sizes range between 2,883 and 5,398 square feet.
The average lot size within the proposed subdivision is 3,400 square feet. The proposed gross
density of the subdivision is 5 dwelling units per acre which is consistent with the density
requirements of the comprehensive plan and under the maximum density allowed within the
proposed R-15 zoning district.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable
standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The R-15 zone requires a
minimum lot size of 2,400 square feet with no street frontage requirement. As mentioned above,
the applicant is proposing lot dimensions that exceed the minimums of the R-15 district. All of
the proposed lots comply with the dimensional standards of the UDC.
Common Driveway: The applicant is proposing Lots 1-5, Block 1 to take access from a common
driveway (Lot 6, Block 1). The submitted plat depicts a 24 -foot wide common lot. A five foot
wide common lot is proposed along the north boundary of the common driveway in accord with
UDC 11 -6C -3D5.
The proposed common driveway does exceed the 150' maximum, but the applicant has received
Fire Department approval (as allowed under UDC 11 -6C -3D) as shown.
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.
With the number of homes being served off the common driveway, Republic Services has
raised concerns with the number of totes that will be placed at the curb side. During the
weeks when both trash collection and recycling are scheduled for pick-up there is a
potential for ten (10) totes to congest the roadway near the entrance of the common drive.
The applicant should coordinate with Bob Olson at Republic Services on the trash collection
for the proposed subdivision.
Access: Access to this development is proposed from the extension of E. Avebury Way, via W.
N. Petersburg Way and N. Killdare Place. The internal streets are proposed as a reduced street
section (29 feet of right-of-way; 24 feet between curbs); which prohibits on -street parking. The
Fire Department has reviewed the proposed development and has approved the street section as
proposed. The street shall be posted on both sides with "No Parking" signs.
To mitigate any concerns with the lack of on -street parking, the applicant is proposing to
construct a guest parking area consisting of nine (9) parking stalls. The proposed parking lot must
comply with the dimensional standards set forth in UDC Table 11-3C-5 and must be landscaped
in accord with UDC 11 -3B -8C.
Direct lot access to E. Pine Avenue is not proposed or approved with this application.
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.
Typically, a 25 -foot wide landscape buffer adjacent E. Pine Avenue is required to be installed in
accord with UDC 11 -3B -7C. The common lot (Lot 18, Block 1) adjacent to Pine Avenue is
approximately 80 -feet wide due to the Five Mile Creek easement (total width is 90 feet). On the
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 5
submitted landscape plan, the applicant is proposing to install the required landscape buffer on
the buildable lots. UDC 11-3B-7C2a requires all residential subdivision street buffers to be on a
common lot, maintained by a HOA. Further, UDC 11-3B-7Clb., requires the buffer to be
widened five (5) additional feet (outside of the irrigation easement) to allow for the planting of
the trees and shrubs. With the submittal of a final plat application the applicant must submit a
revised landscape plan that includes the following:
1) Create a minimum five-foot (5') wide landscape buffer in a common lot; OR
2) Enter into a license agreement with the Irrigation District to allow the required plantings to be
constructed in the existing Five Mile Creek easement with maintenance occurring by the
HOA.
Fencing: The applicant is proposing to construct a 6 -foot tall wrought iron fence along the
interior edge of the common lot 18. There is existing 6 -foot tall wood fencing along the west,
north and a portion of the east boundary. The proposed fencing complies with the standards listed
in UDC 11-3A-7. With the submittal of a final plat application, the applicant must provide a
detail of the proposed fencing for the subdivision.
Open Space and Site Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3)
does not require open space or site amenities to be provided. However, the applicant is
proposing a 5 -foot wide pathway connection to the existing 10 -foot multi -use pathway
constructed within the Danbury Faire Subdivision to the west. Because the applicant is
proposing to construct this amenity on property they do not own, they must obtain
permission from the Danbury Faire HOA and the Irrigation District prior to commencing
with construction of the walkway. With the submittal of a final plat, the applicant shall
provide written documentation from the HOA and the Irrigation District allowing the
extension of the 5 -foot wide pathway through Danbury Faire's common lot (Lot 46, Block
8). The maintenance of the pathway should be the responsibility of the Avebury
Homeowner's Association.
Further, the future homes will be oriented towards Pine Avenue. Staff believes the applicant
should include a traditional neighborhood design element and provide a 5 -foot wide
sidewalk along the south boundary of Lots 8-17, Block 1 and extend walkways from the
front entrances of all of the homes to the adjacent sidewalk to enhance connectivity within
the development. Prior to the Commission hearing the applicant shall provide an exhibit
that complies with this requirement.
Sidewalks: UDC 11 -3A -17C requires detached sidewalks along all arterial streets. UDC 11 -3A -
17D requires 5 -foot attached sidewalk adjacent to local streets within the City. Currently, an 8 -
foot wide attached asphalt pathway exists along Pine Avenue, an arterial street, and will remain
with the development of the site. ACHD is currently in the process of designing the roadway
segment and funding is dedicated to complete Pine Avenue improvements.
The applicant is not proposing any sidewalk on the north side of E. Avebury Way, a local street.
Staff is supportive of this request if the applicant constructs the 5 -foot wide sidewalk along
the entire south side of the proposed buildable lots and provides the connection to the 10 -
foot wide multi -use pathway; approval to eliminate the sidewalk is predicated on Council
and ACHD approval. If sidewalk is not constructed on the south side of the buildable lots,
sidewalk on both sides of Avebury Way shall be required.
Ditches, Laterals, and Canals: The Five Mile Creek transverses the southern property
boundary. Per UDC 11-3A-6, all irrigation ditches, laterals or canals, exclusive of natural
waterways, which intersect, cross or lie within the area being subdivided shall be covered.
The Comprehensive Plan lists the Five Mile Creek as a protected waterway and requires the
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 6
it to remain untiled. Staff recommends the applicant coordinate with the Irrigation District
(license agreement) to allow the required landscaping to be installed in the easement area to
enhance the appearance of the creek.
Floodplain: The site is located within the flood plain. The applicant shall submit a Floodplain
Development Permit and secure approval before any construction can begin. The applicant
shall coordinate with the Floodplain Administrator to verify requirements.
Pressurized Irrigation: An underground pressurized irrigation system is required to be provided
for the development in accord with UDC 11-3A-15 as proposed.
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,
cedar shingle, and board and batten siding) and stone accents. Design features staff supports
include varying roof forms, decorative trim and corbels, decorative columns, pop -outs, wood
shutters, dormers and covered front porches.
Since the applicant is requesting to rezone 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 public streets as envisioned by the Meridian Design
Manual. Further staff recommends that the applicant provide distinct variations in the front
facades of the homes to provide an attractive streetscape along Pine Avenue.
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 all home elevations 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.
Staff recommends approval of the subject applications with the conditions listed in Exhibit B per
the Findings in Exhibit D.
X. EXHIBITS
A. Drawings
1. Vicinity Map
2. Proposed Preliminary Plat (dated: April 8, 2015)
3. Proposed Landscape Plan (dated: April 7, 2015)
4. Conceptual Building Elevations
B. Agency Comments/Conditions of Approval
1. Planning Division
2. Public Works Department
3. Fire Department
4. Police Department
5. Republic Services Company
6. Ada County Highway District
7. Parks Department
C. Legal Description and Exhibit Map for Proposed Rezone
D. Required Findings from Unified Development Code
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 7
Exhibit A.1: Vicinity Map
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Exhibit A.2: Proposed Preliminary Plat (dated: April 8, 2015)
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Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 10
Exhibit AA Proposed Building Elevations
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 11
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 12
B. Agency Comments/Conditions
1. PLANNING DIVISION
1.1 Annexation
1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to
the rezone 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 DA shall be signed by the
property owner and returned to the city within two (2) years of the City Council granting the
rezone. 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 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. Prior to issuance of a building permit, the Planning Division will
review all home elevations to ensure compliance with the mix of materials and architectural
details as represented in the attached elevations. The following design features shall be
included on each lot:
• Distinct variations in the front facades of the homes as shown in Exhibit A.4 (e.g. mix of
materials, covered porches, variations in roof lines and wall planes) that contributes to an
attractive streetscape along Pine Avenue; and
• Extended walkways from the front entrances of all of the homes that will connect to the
adjacent sidewalk across the buildable lots.
c. A maximum of fifteen (15) single-family detached homes shall be constructed on the site.
1.2 Preliminary Plat - Site Specific Conditions of Approval
1.2.1 The preliminary plat, dated 04/08/15, shall be revised as follows:
a. Lots 1-5, Block 1 shall take access from common driveway as proposed. Provide a 5 -foot
wide landscape buffer along northern edge of the 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.
b. Direct lot access shall be prohibited to E. Pine Avenue in accord with UDC 11-3A-3.
c. Lot 9, Block 1 is non -buildable lot and must developed as a guest parking area as proposed;
maintained by homeowner's association.
1.2.2 The landscape plan, dated 04/07/15 shall be revised as follows:
a. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a detailed fence plan
with the final plat application.
b. With the submittal of a final plat application the applicant must submit a revised landscape
plan that includes the following:
1) Lot 18, Block 1 must be widened five (5) additional feet outside of the irrigation
easement to allow the required plantings in accord with UDC 11 -3B -7C; OR
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 13
2) Submit a copy of a license agreement with the Irrigation District to allow the required
plantings to be placed in the existing Five Mile Creek irrigation easement.
c. 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 Comply with all ACHD conditions of approval.
1.2.5 The applicant shall be responsible for obtaining a Floodplain Development Permit and secure
approval prior to any construction beginning on the site.
1.2.6 The applicant shall construct a 5 -foot wide sidewalk along the south boundary of Lots 8-17,
Block 1 and extend walkways from the front entrances of all of the homes to said sidewalk to
enhance connectivity within the development, OR provide sidewalk on both sides of Avebury
Way, if the applicant is unable to extend as conditioned in condition of approval 1.2.7 below.
Prior to the Commission hearing the applicant shall provide an exhibit that complies with
this requirement.
1.2.7 With the submittal of a final plat, the applicant shall provide written documentation from the
HOA and the Irrigation District allowing the extension of the 5 -foot wide pathway through
Danbury Faire's common lot (Lot 46, Block 8). The maintenance of the pathway will be the
responsibility of the Avebury Homeowner's Association.
1.3 General Conditions of Approval
1.3.1 Comply with all bulk, use, and development standards of the R-15 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 asset forth in UDC 11-3A-17. The applicant must obtain
ACHD and City Council's approval to eliminate the sidewalk on the north boundary of E.
Avebury Way.
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.
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 14
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
asset 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 11-313-6 and to install and maintain all landscaping as set forth
in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14.
1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC 1I -
3G -3F1.
2. PUBLIC WORKS DEPARTMENT
2.1 General Conditions of Approval
2.1.1 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.
2.1.2 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.
2.1.3 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.
2.1.4 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,
the developer will be responsible for the payment of assessments for the common areas prior to
prior to receiving development plan approval.
2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat
by the City Engineer.
2.1.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 15
2.1.7 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.
2.1.8 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.
2.1.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, roadtase approved by the Ada County Highway
District and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.1.10 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.
2.1.11 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.
2.1.12 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.
2.1.13 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.
2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office.
2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.1.17 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.
2.1.18 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.
2.1.19 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
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
2.1.20 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.
2.1.21 100 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 light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 16
Lighting. A copy of the standards can be found on the city of meridian Public Works
Department's website at http://www.meridiancity.org/public_works.aspx?id=272. The
contractor's work and materials shall conform to the ISPWC and the City of Meridian
Supplemental Specifications to the ISPWC.
2.1.22 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.
2.1.23 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 887-221.
2.1.24 A street light plan needs to be included in the final plat application. Street light plan requirements
are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the
standards can be found at http://www.meridiancity.org/public_works.aspx?id=272
3. FIRE DEPARTMENT
3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance
with International Fire Code Section (IFC) 508.5.4 as follows:
a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle.
b. Fire hydrants shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works specifications.
d. Fire Hydrants shall be placed on corners when spacing permits.
e. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
f. Fire hydrants shall be placed 18" above finished grade to the center of the 4'/z" outlets.
g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5.
h. Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet of the project.
3.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48'
outside, per International Fire Code Section 503.2.4.
3.3 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW,
per International Fire Code Section 503.2.
3.4 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code
Sections 503.4 & D103.6.
3.5 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical
clearance of 13'6 as set forth in International Fire Code Section 503.2.1.
3.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all
weather surface are required to be installed before combustible construction material is brought
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 17
onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment
to IFC 10-4-2J.
3.7 The roadways shall be built to Ada County Highway District cross section standards and have a
clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less
than 32' in width shall have parking only on one side. These measurements shall be based on the
drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of
13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in
International Fire Code Section 503.2.1. and D 103.6.1 and D 103.6.2.
3.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth
in International Fire Code Section 304.1.2.
4. POLICE DEPARTMENT
4.1 The Police Department has no concerns related to the site design submitted with the application.
5. REPUBLIC SERVICES
5.1 The applicant shall contact Bob Olson, Republic Services, at 208-345-1265 or
rolson@republicservices.com to discuss tote service for the lots on the common drive.
6. PARKS DEPARTMENT
6.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-313-10.
7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING)
7.1 Site Specific 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 Utilities including sewer or water systems are prohibited from being located within the
ACHD right-of-way.
7.2.3 In accordance with District policy, 7203.3, 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.
7.2.4 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 All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 18
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
7.2.8 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.
7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable ACHD
Standards unless specifically waived herein. An engineer registered in the State of Idaho shall
prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
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 ACHD. The burden shall be upon the applicant to obtain written confirmation of
any change from ACRD.
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 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 that time
unless a waiver/variance of the requirements or other legal relief is granted by the ACHD
Commission.
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 19
C. Legal Description and Exhibit Map for Proposed Rezone
May 6, 2015
Description For Rezone
AVEBURY SUBDIVISION
A parcel of land located in the Northeast 1/4 of Section 7, Township 3 North,
Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho:
Commencing at the Center 1/4 corner of said Section 7, Township 3 North,
Range 1 East, Boise Meridian from which the East 1/4 corner of said Section 7 bears
North 89°33'30" East, 2647.51 feet; Thence along the East-West Mid -Section line of
said Section 7 North 89033'30" East, 661.99 feet (formerly 661.88 feet) to a point
marked by an aluminum cap, said point being the REAL POINT OF BEGINNING;
Thence leaving said East-West Mid -Section line and along the East boundary
line of Danbury Fair Subdivision No. 5 as same is recorded in Book 70 of Plats at
Pages 7224 and 7225, records of Ada County, Idaho North 00°2907" East, 235.01 feet
(formerly 225.00 feet) to the Southwest corner of Danbury Fair Subdivision No. 3 as
same is recorded in Book 65 of Plats at Pages 6601 and 6602, records of Ada County,
Idaho;
Thence leaving said East boundary fine and along the South boundary line of
said Danbury Fair Subdivision No. 3 South 89°30'35" East, 566.77 feet to an angle
point thereon;
Thence leaving said South boundary line South 00°30'27" West, 225.79 feet
(formerly 224.22 feet) to the intersection with said East-West Mid -Section fine;
Thence along said East-West Mid -Section line South 89°33'30" West, 566.76
feet to the REAL POINT OF BEGINNING. Containing 3.00 acres, more or less.
Subject to Ditch and Road Rights -of -Way
rA
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 20
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Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 21
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Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 21
D. Required Findings from Unified Development Code
1. REZONE:
Upon recommendation from the Commission, the Council shall make a full investigation and
shall, at the public hearing, review the application. In order to grant an annexation and/or rezone,
the Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
Staff finds the proposed rezone to the R-15 zoning district is consistent with the MDR future
land use designation for this site.
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
Staff finds that the existing and proposed R-15 zoning district and proposed single family
residential use is consistent with the purpose statement of the residential district in that it
provides for a range of housing opportunities including apartments as proposed.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
Staff finds that the proposed zoning amendment will not be detrimental to the public health,
safety, or welfare. However, Staff recommends that the Commission and Council consider
any oral or written testimony that may be provided when determining this finding.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
Staff 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 11-513-3.E).
Because this application is for a rezone, this finding is not applicable.
2. PRELIMINARY PLAT:
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;
Staff finds that the proposed plat is in substantial compliance with the adopted
Comprehensive Plan in regard to land use, transportation, and circulation. Please see
Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more
information.
b. Public services are available or can be made available and are adequate to
accommodate the proposed development;
Staff finds that public services will be provided to the subject property upon development.
(See Exhibit B of the Staff Report for more details from public service providers.)
c. The plat is in conformance with scheduled public improvements in accord with the
City's capital improvement program;
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 22
Because City water and sewer and any other utilities will be provided by the developer at
their own cost, Staff finds that the subdivision will not require the expenditure of capital
improvement funds.
d. There is public financial capability of supporting services for the proposed
development;
Staff recommends the Commission and Council rely upon comments from the public service
providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more
detail.)
e. The development will not be detrimental to the public health, safety or general welfare;
and
Staff is not aware of any health, safety, or environmental problems associated with the
platting of this property that should be brought to the Commission or Council's attention.
ACHD considers road safety issues in their analysis. Staff recommends that the Commission
and Council consider any public testimony that may be presented when determining whether
or not the proposed subdivision may cause health, safety or environmental problems of which
Staff is unaware.
f. The development preserves significant natural, scenic or historic features.
Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff 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 Commission and Council may
consider any public testimony that may be presented to determine whether or not the
proposed development may destroy or damage a natural or scenic feature(s) of major
importance of which staff is unaware.
Avebury Subdivision RZ-15-008 & PP -15-007 PAGE 23