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Geddes Sub AZ PP MDA H-2017-0041CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0041 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 2.08 Acres of Land with an R-8 Zoning District; and Preliminary Plat Consisting of Ten (10) Building Lots and Four (4) Common Lots on 2.08 Acres of Land in the R-8 Zoning District, by Schultz Development. Case No(s). H-2017-0041 For the City Council Hearing Date of: June 20, 2017 (Findings on July 5, 2017) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 20, 2017, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 20, 2017, 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. 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 Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0041 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 20, 2017, 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; and the request for preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of June 20, 2017, 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 Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0041 - 3 - A modification to the development agreement may be initiated prior to signature of the 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 six (6) month approval period. 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 June 20, 2017 By action of the City Council at its regular meeting held on the _7 day of UG� 2017. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor T� Weerd VOTED VOTED VOTED ICA VOTED 4 - VOTED *4 VOTED `/kj VOTED — Attest: 0 oW chy �r Com►'`E1 AN I ICIANO C.Ja Coles SEAL City Cleric s� ��TER of the TREP�J� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:Gj/ L�i Dated: 7/ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2017-0041 - 4 - EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 1 STAFF REPORT Hearing Date: June 20, 2017 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Geddes Subdivision – AZ, PP (H-2017-0041) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for annexation and zoning (AZ) of 2.08 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of 10 building lots and 4 common lots on 2.08 acres of land for Geddes Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on May 18, 2017. 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: Matt Schultz ii. In opposition: None iii. Commenting: Mike Sorensen iv. Written testimony: Matt Schultz, Applicant’s Representative v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Caleb Hood b. Key issue(s) of Public Testimony: i. Mr. Sorensen would like a stub street provided to his property at the north boundary of the site as he’s concerned a future roundabout at the Black Cat/Ustick Roads intersection may affect future access to his property. He is also concerned about his irrigation rights being interrupted by the proposed development. He would also like a utility easement for a gas line to be extended to his property from N. Geddes Place. In response to the irrigation concern, the applicant stated the existing irrigation ditch that provides water to Mr. Sorensen’s property will be piped and water delivery won’t be interrupted. He was amenable to extending a gas line within a public utility easement along a side lot line to the north boundary of the development. ii. The applicant stated that homes within the development will be restricted to a single- story in height and a minimum of 1,500 square feet and was amenable to such a provision being included in the development agreement. c. Key Issues of Discussion by Commission: i. The request for a “step-up” in density from LDR to MDR – the Commission was in favor of the proposed layout and density; ii. Mr. Sorensen’s concerns regarding irrigation delivery, access and an easement for a gas line were discussed – they were in favor of an easement being provided to the north EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 2 boundary of the development for a gas line as requested; continuance of water delivery is required, a condition is not needed. d. Commission Change(s) to Staff Recommendation: i. Add a requirement for a gas line to be extended within a public utility easement to the north property boundary for use by the property owner to the north (see condition #1.1.1d). ii. Add a provision in the DA that homes within the development are restricted to a single- story in height and a minimum of 1,500 square feet (see condition #1.1.1e). e. Outstanding Issue(s) for City Council: i. The applicant requests approval of a “step up” in density from LDR (3 or fewer units/acre) to MDR (3-8 units/acre) to accommodate the proposed development at 4.8 dwelling units per/acre. The Meridian City Council heard these items on June 20, 2017. At the public hearing, the Council approved the subject AZ and PP requests. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz, Applicant ii. In opposition: Van Bishop iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Change of plans from a 55 and older development as discussed at the neighborhood meeting to no restrictions on age although 55+ is anticipated due to the type of housing and will be marketed as such; ii. Concern that the proposed density is too high; and iii. Concern for the safety of kids walking to Ponderosa Elementary School with more traffic in the area. c. Key Issues of Discussion by Council: i. Fencing type along the lateral (applicant stated 6’ wrought iron would be constructed); and, ii. Concern regarding future access for development of the property to the north with a roundabout being planned for the Black Cat/Ustick intersection if a stub isn’t provided to the north with this development. di. Key Council Changes to Commission Recommendation i. Council approved the request for a “step up” in density as proposed; and, ii. Council approved the request for the Eight Mile lateral to remain open and not be piped due to the large capacity of the facility. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017- 0041, as presented in the staff report for the hearing date of June 20, 2017, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0041, as presented during the hearing on June 20, 2017, for the following reasons: (You should state specific reasons for denial) EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 3 Continuance I move to continue File Number H-2017-0041 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 off the southeast corner of N. Black Cat Road and W. Ustick Road in the NW ¼ of Section 3, Township 3N., Range 1W. (Parcel #S1203223480). B. Owner: Robert Campbell 3313 W. Cherry Lane, Ste. 144 Meridian, ID 83642 C. Applicant: Schultz Development P.O. Box 1115 Meridian, ID 83680 D. Representative: Matt Schultz, Schultz Development P.O. Box 1115 Meridian, ID 83680 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 28, 2017 (Commission); June 2, 2017 (City Council) C. Radius notices mailed to properties within 300 feet on: April 20, 2017 (Commission); May 25, 2017 (City Council) D. Applicant posted notice on site(s) on: May 5, 2017 (Commission); June 9, 2017 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of vacant/undeveloped land agricultural property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural and urban single-family residential properties in Klamath Basin Subdivision, zoned RUT in Ada County and R-4 2. East: Single-family residential properties in Staten Park Subdivision, zoned R-4 3. South: Single-family residential properties in Ashford Greens and Lake at Cherry Lane Subdivision No. 9, zoned R-4 4. West: Rural residential property, zoned RUT in Ada County EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 4 C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed development currently exist in N. Geddes Place. 2. Location of water: A water mains intended to provide service to the proposed development currently exist adjacent to the proposed development in N. Geddes Place. 3. Issues or concerns: None. E. Physical Features: 1. Canals/Ditches Irrigation: The Eightmile lateral runs along the northeast boundary of this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Low Density Residential (LDR). LDR designated areas allow for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. Density bonuses may be considered with the provision of public amenities such as open space, pathways, or land dedicated for public services. The applicant proposes to develop this 2.08 acre site with 10 single-family residential homes. The structures will all be detached with a gross density of 4.81 dwelling units per acre (d.u./acre) and a net density of 8.85 d.u./acre, which is above the density allowed in the LDR FLUM designation of 3 units or fewer per acre. Therefore, the applicant requests City Council consideration of a “step up” in density to Medium Density Residential (MDR) without requiring a Comprehensive Plan as allowed in the Comprehensive Plan (pg. 21). Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics):  “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 single-family detached dwellings will contribute to the variety of housing types available within the City. Staff is unaware of how “affordable” the units will be.  “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 available and will be extended by the developer to the proposed lots with development of the site in accord with UDC 11-3A-21.  “Require common area in all subdivisions.” (3.07.02F) Although not required by the UDC (11-3G-3) because the property is below 5 acres in size, common area is proposed which contains the Eightmile Lateral and landscaping adjacent to the cul-de-sac abutting the lateral. EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 5  “Encourage infill development.” (3.04.02B) The subject property, along with 4 other adjacent properties to the northwest, is surrounded by land that has already been annexed and developed in the City.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts the extension of N. Geddes Avenue, which is stubbed at the southwest corner of the site and a stub (W. Shirdale St.) to the property to the west for future extension.  “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report.  “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 applicant is proposing to leave the Eightmile Lateral open due to the large capacity of the facility. A wrought iron fence is proposed along the southwest side of the facility to restrict access and protect public safety. The waterway should be protected during construction. For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan if a “step up” in density is approved by City Council. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: 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 dimensional standards of the corresponding zone and housing types that can be accommodated. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for single- family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-6 for the R-8 zoning district. D. Landscaping: Because this property is below 5 acres in size and is not adjacent to any collector or arterial streets or pathways, landscaping is not required in this development. 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. EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 6 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 2.08 acres of land with an R-8 zoning district contingent upon City Council’s approval of the request for a “step up” in density from LDR to MDR as discussed above. If a step up in density is approved, staff believes the proposed zoning designation is generally consistent with the policies in the Comprehensive Plan. (Note: Staff has verified that the subject property is an “original parcel of record” as defined by UDC 11-1A-1.) The applicant proposes to develop 10 new single-family residential detached homes as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 10 building lots and 4 common lots on 2.08 acres of land in a proposed R-8 zoning district (see Exhibit A.2). The gross density for the subdivision is 4.8 dwelling units per acre (d.u./acre) with a net density of 8.9 d.u./acre. The minimum property size is 4,034 square feet (s.f.) with an average lot size of 4,960 s.f. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-6 for the R-8 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. Access: Access is proposed for this site via the extension of a local street, N. Geddes Avenue, currently stubbed to the southwest corner of the site. Stub Streets: A stub street, W. Shirdale St., is proposed to the west for future extension and interconnectivity. Because access will be limited for the 3 adjacent parcels to the north and west because of the roundabout planned at the Blackcat/Ustick intersection and the location of the Eightmile Lateral along the east boundary, staff is concerned that development of these parcels may result in a cul-de-sac (or dead end) in excess of the maximum allowed of 450’ and/or more than 30 homes without a secondary access as required by the Fire Department. Staff recommended the applicant submit a concept drawing prior to the Commission hearing to demonstrate how these parcels could redevelop to address these concerns. Common Driveways: All common driveways are required to comply with the standards listed in UDC 11-6C-3D. The applicant is proposing a common driveway (on Lot 7, Block 1) for access to three of the lots (Lots 6, 8 and 9, Block 1) at the east end of this subdivision. The plat depicts the setbacks, building envelope and orientation of the lots and future structures accessed by the common driveway; all comply with the standards for common driveways. Unless limited by a significant geographical feature, or separated by a minimum 5-foot wide landscaped common lot, all properties that abut a common driveway shall take access from EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 7 the driveway. Lot 10, Block 1 abuts the driveway but is not proposed to take access from the driveway; the landscape plan/preliminary plat should be revised to incorporate one of the aforementioned features to restrict access to the common driveway. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. Parking: Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. Landscaped common area is proposed adjacent to the cul-de-sac. Because this property is below 5 acres in size and is not adjacent to any collector or arterial streets or pathways, any landscaping provided is not required to comply with UDC standards. Tree Mitigation: Mitigation is required for all existing trees 4” caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of one hundred percent replacement. If any of the existing trees on the site are proposed to be removed; the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space/Site Amenities: Because the site is below 5 acres in size, the UDC standards for open space and site amenities do not apply to the proposed development. Some landscaped common area is proposed adjacent to the cul-de-sac at the east end of the site. Because the applicant requests a “step up” in density, staff recommends a qualifying amenity (per UDC 11-3G-3C) is provided in the common area as a provision of the development agreement. Pathways: The Pathways Master Plan does not depict a regional pathway on this site. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The plat depicts 5-foot wide attached sidewalks throughout the development in accord with this requirement. Utilities: All development is required to connect to the City water and sewer syste m unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. The subdivision is proposed to be serviced by existing 8” sewer and water mains constructed at the southwest property line in the N. Geddes Place stub street. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Pressurized irrigation is proposed to be provided by NMID via an existing pump station for the Lakes at Cherry Lane Subdivision and a stub exists at the southeast corner of the site. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Underground seepage beds are proposed for storm drainage and are required to comply with ACHD design criteria and standards. EXHIBIT A Geddes Subdivision – AZ, PP H-2017-0041 PAGE 8 Waterways: The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. There is an existing private irrigation ditch along the east boundary of the site that provides service to the properties to the north that is proposed to be piped with a 12” pipe. The Eightmile Lateral also exists along the east boundary of the site. The applicant requests a waiver from Council to allow the lateral to remain open due to its large capacity as set forth in UDC 11-3A-6A.3b; the applicant estimates it would take at least a 48” diameter pipe to tile the facility. (Note: Adjacent developments have been allowed to leave it open and not pipe it.) The easement for the lateral should be depicted on the face of the plat and labeled as such. Building Elevations: The applicant has submitted conceptual building elevations for future homes within this development (see Exhibit A.4). Building materials consist of horizontal and vertical siding with rock/stone veneer accents. All homes are proposed to be 40-foot wide single- story units and range in size from 1,400 to 1,800 s.f. Future development should be consistent with these elevations and materials. Fencing: All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. There is an existing vinyl fence along the southern boundary of this site that is proposed to remain. A vinyl fence is proposed along the west boundary of the subdivision and a wrought iron fence is proposed adjacent to the common area on Lots 4 and 5 (to restrict access to the lateral), Block 1 in accord with UDC standards. A detail of the proposed fencing should be submitted with the final plat application. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended provisions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 04/15/17) 3. Proposed Landscape Plan (dated: 04/12/17) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings 1. Vicinity/Zoning Map EXHIBIT A Exhibit A Page 2 2. Proposed Preliminary Plat (dated: 04/15/17) EXHIBIT A Exhibit A Page 3 3. Proposed Landscape Plan (dated: 04/12/17) Exhibit A Page 4 Exhibit A Page 5 4. Conceptual Building Elevations Exhibit A Page 6 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Comments/Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of 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. 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 be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Development shall substantially comply with the preliminary plat, landscape plan and building elevations included in Exhibit A. b. The Eightmile Lateral shall be piped unless waived by City Council as set forth in UDC 11-3A-6. Council allowed the Eightmile Lateral to remain open and not be piped due to the large capacity of the facility as allowed in UDC 11-3A-6B.3b. c. The developer shall provide one (1) qualifying site amenity per UDC 11-3G-3C within the common area on Lot 4, Block 1. d. The developer shall provide a gas line within a public utility easement to the north property boundary for use and extension to the property to the north (parcel #S1203223400). e. All homes within this development are restricted to a single-story in height and a minimum of 1,500 square feet as committed to by the applicant at the public hearing. 1.1.2 The preliminary plat included in Exhibit A.2, dated 4/15/17, shall be revised as follows: a. A common lot for a 5-foot wide landscape strip is required along Lot 7, Block 1 on Lot 10, Block 1 to prohibit access to the common driveway, unless a significant geographical feature is provided as set forth in UDC 11-6C-3D.5. b. Depict the easement for the Eightmile Lateral and label it as such. All of the easement shall be within the common lot. 1.1.3 The landscape plan included in Exhibit A.4, dated April 2016, shall be revised as follows: a. A common lot for a 5-foot wide landscape strip is required along Lot 7, Block 1 on Lot 10, Block 1 to prohibit access to the common driveway, unless a significant geographical feature is provided as set forth in UDC 11-6C-3D.5. b. Include a detail for the proposed fencing that complies with the standards listed in UDC 11-3A-7A. c. Include mitigation information for any existing trees on the site that are proposed to be removed as set forth in UDC 11-3B-10C.5. d. Depict the site amenity(s) within the common area on Lot 4, Block 1 as required in the development agreement. Exhibit A Page 7 1.1.4 For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11-2-A-6. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 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. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11- 3B-7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G- 3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 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. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. Exhibit A Page 8 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 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. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 - 6B-7B (if applicable). 1.4.5 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. 1.4.6 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. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 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 Exhibit A Page 9 Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-2-28C1). 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. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 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. 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, 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 improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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 11-1-4B. 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. Exhibit A Page 10 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 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 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 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 public 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 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 ½” 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. Exhibit A Page 11 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 ½” 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. 4.3 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. 4.4 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. 4.5 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 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 onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.8 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 D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Republic Services did not submit comments on this application. Exhibit A Page 12 6. PARKS DEPARTMENT 6.1 The Park’s Department did not submit comments on this application. 7.1 ADA COUNTY HIGHWAY DISTRICT 7.1.1 Site Specific Conditions of Approval 7.1.2 Extend Geddes Place into the site, to intersect Shirdale Court, as a 33-foot street section with curb, gutter, and attached 5-foot wide concrete sidewalk within 50-feet of right-of-way. 7.1.3 Construct Shirdale Court as a 33-foot street section with curb, gutter, and attached 5-foot wide concrete sidewalk within 47-feet of right-of-way. 7.1.4 Construct the east terminus of Shirdale Court in a cul-de-sac turnaround. 7.1.5 Construct one stub street to the west, Shiredale Court. Install a sign at the terminus of Shiredale Court stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE”. 7.1.6 Provide written approval from the fire department for the reduced street sections prior to final plat. 7.1.7 A Traffic Impact Fee may/will be assessed by ACHD and will be due prior to issuance of a building permit. Please contact the ACHD Planner (see below) for information regarding impact fees. 7.1.8 Plans shall be submitted to the ACHD Development Services Department for plans acceptance, and impact fee assessment (if an assessment is applicable). 7.1.9 Comply with the Standard Conditions of Approval as noted below. 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, 7203.6, 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. 7.2.4 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 Exhibit A Page 13 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. 7.2.8 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 ACHD. 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 subj ect 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. - 2 - C. Legal Description & Exhibit Map for Annexation Boundary - 3 - - 4 - D. Required Findings from Unified Development Code 1. Annexation Findings: 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, 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 the subject 2.08 acre property with an R-8 zoning district with Council approval of a “step up” in density from LDR to MDR and develop 122 new single-family residential homes. The Council finds the proposed “step up” in density should be compatible with adjacent residential uses (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the 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 City Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 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 City 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 t o this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds annexing this property with an R-8 zoning district is in the best interest of the City with a “step up” in density as proposed. 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 City Council 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. - 5 - b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council 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; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council 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; Based on comments provided from public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any significant natural, scenic or historic features that exist on this site.