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CC - Staff ReportSTAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/19/2019 DATE: TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0141 Avebury Subdivision LOCATION: North side of E. Pine Ave.; west of N. Locust Grove Road, in the NE '/4 of Section 7, Township 3N., Range IE. I. PROJECT DESCRIPTION C J f1E NDIA� I *,-- The applicant has requested three (3) applications for the Avebury Subdivision: 1). A final plat modification to depict three-foot PUDI easements on the east interior lot lines and propose a zero lot line between Lots 14 and 15, Block 1; 2). A modification to the existing Development Agreement (DA) to allow for the construction of an attached single family home on Lots 14 and 15, Block 1; AND 3). A miscellaneous application to extend the expired preliminary plat to allow a six-month extension to obtain City Engineer's signature on the final plat. Page 1 MEMO O lu El $ "104 03 11741 A. Project Summary Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Lots (# and type; bldg/common) Physical Features (waterways, hazards, flood plain, hillside) Neighborhood meeting date; # of attendees: History (previous approvals) Details 2.6 MDR Undeveloped Single family detached and attached homes R-15 18 (14 bldg./4 common) Five Mile Creek runs across southern part of site November 7, 2018; 4 attendees RZ-15-008, DA Inst. No. 2015-102166; PP -15-007; FP H- 2016-0108; H-2017-0037 Page 2 B. Project Area Maps Future Land Use Map n Zoning Map Legend 4 kR=4 LSO -R-4 R-15 Rb FCCProject Location R-40 anaasr --L-o RUl r R-40 R-15 C) -T -T R-8 R-4 R-15 L= • I -I 0 R-15 ) R S 1-L L-0 R RUT R - 0 4R -4 e� R-4 -• L- R -S R"2C- 4-T a -T _RUT R1 ri L-0 Q -T LMl I -L C -C I jL C -G RUT R C2` R- 5 -=G RL1T RUT 5 RLR R1� R_ R=15 C -C R.4.x� III. APPLICANT INFORMATION A. Applicant/Owner: AD800 LLC. 408 S. Eagle Rd. Ste. 103 Eagle, Idaho 83616 B. Representative: Breckon Land Design 6661 N. Glenwood Street Garden City, Idaho 83616 A Aerial Map Planned Development Map I 0 Page 3 IV. NOTICING City Council Postine Date Newspaper Notification 2/1/2019 Radius notification mailed to properties within 300 feet 1/29/2019 Public hearing notice sign posted 2/6/2019 Nextdoor posting 1/29/2019 V. STAFF ANALYSIS The applicant is requesting a six-month time extension on the approved and expired Avebury final plat (H-2016-0108), a modification to the original development agreement (DA Inst. No. 2015-102166) to revise lot lines and to allow for an attached single-family home, and a modification to the approved plat to vary from the approved configuration of lots. A miscellaneous application has also been submitted to request a six-month time extension since the plat expired on September 8, 2017. The original plat was configured with site drainage incorporated into on-site seepage beds. Upon preparing for construction, the applicant discovered the groundwater level was too high for seepage beds and needed to be accommodated through the use of a stormwater swale. Through numerous iterations and reviews, a stormwater swale has been reviewed and approved by ACHD within Lot 16, Block 1. The time and coordination required for several ACHD reviews caused the applicant to neglect obtaining a time extension on the plat, as such the applicant is requesting a miscellaneous application to process the six-month time extension for the plat. Both Planning and Legal agreed that the miscellaneous application was the only remedy for the applicant to pursue extension of the plat, predicated on Council's action. Staff believes having the applicant start over is not in the best interest of the City (tied to a recorded development agreement) and respectfully request that the Council approve the request to extend the expiration date of the plat for an additional six (6) months from the date of the miscellaneous hearing. With the exception of the stormwater swale, all construction including utilities and landscaping has been completed. The required location and size of the swale required that Lots 14 and 15, Block 1 be condensed, resulting in a zero lot -line configuration and an attached single-family home. The approved plat depicted fourteen (14) building lots for single-family detached residences and four (4) common lots on three (3) acres of land. The proposed plat depicts fourteen (14) building lots with one (1) zero lot line. Because of this change, the applicant is requesting to modify the final plat and development agreement to reflect the single-family attached home and zero lot line between Lots 14 and 15, Block 1. The existing development agreement allows for a maximum of fifteen (15) single-family detached homes; the applicant is requesting to change the agreement to include fourteen (14) building lots with one (1) single-family attached unit. Staff is amenable to the applicant's proposal as the proposed plat has the same number of building lots and common lots as the originally approved plat, but depicts a zero lot line and three-foot interior side setbacks on building lots. Lot 1, Block I shall have a five (5) foot interior side setback on the west side per UDC 11 -2A -3H. A. Landscaping (UDC 11-3B): The landscape buffer within Lot 17, Block 1 shall be revised to include ten (10) additional trees for a total of seventeen trees (17) as depicted in the originally approved final plat (H-2016-0108). Page 4 B. Building Elevations (UDC 11-3A-19 I Architectural Standards Manual): The attached single-family homes on Lots 14 and 15, Block 1 will be required to receive Administrative Design Review (DES) approval prior to obtaining a building permit. VI. DECISION A. Staff: Staff supports the modifications to the approved plat and development agreement, and the time extension and miscellaneous application to extend the time needed to receive the City Engineer's signature on the final plat as proposed by the applicant with the conditions listed in Section VIII. Page 5 A. Approved Final Plat (date: 3/27/2017) PLAT 5'HOYn NG 14,VFB1Tf, r5(Y9D1,V1S10Y A PORTION'LIF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SEOTION 7, TOW N SHIP .3 NORTH, RANGE 1 EAST, BOISE 4ERIOIAN. CITY OF MERIDIAN. 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T t.gr�q SlKn eN uliSlovlN [ngM1n Ml�FCr f(a Mf+l Ara,. ¢YMIW M1q iWMLINI3 9' ¢mlTLva Page 6 728 �rxa 8 .ruro •r.m. c.. •w..o.� —. • • —_. _ ecru ue a mw xlltils. ew rau ar wss�r�. va • ¢e u+'ra.•nw rsr n•ev..s ------------- ---7 ____________ p• m'aauawa pyr m16 ._____—_—_—__—______. ir*�l r 1M;,r[ reryp u>•� � ea�aman I® - — — - — . — . — omna nmxs.w .,.¢.. u� .x sox a¢ earrr�owe im rrc s•c urf rf AxFr r ,f.I.II[L•I["+fAi:l 6TM1�'S7 :611 lJ�i^•�C7f�fFP'J I'�'��1'�i I lJ1FL:if�fEiiSS:J iC.:YP4ClE".Z4-J B. Proposed Final Plat (date: 1/17/2019) PLAT SHOWING A V B11RrSt1BDlYISION A PORTION OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 3 NORTH, RANGE 1 EAST, 6015E MERIDIAN. CITY OF MERIDIAN, ADA COUNTY, IDAHO 2019 SCALL. 1' . w' Ae,42Y'TiF IRfSMkv5g3 � ',,I PVY 9!'Y:UR ��Ix'lWbtrAt!? ' �Q� z3i _ ___ J S lIB'30'3Y E _13G6 T7' 6LC�1'$ i�� p9m i�-� � saw -- � -•' ..� 888 sax ma 4 �16E� r. rwe nc � 6,_. 7'e 17729 s arc' °��„� .zea 848 ae'm.cwl o•o 4�a+�[ a+��� 4 '*'.m ml nw � �.� .� waw ��r�'.°” `"`�• a" `�°�� ��' a,• °`'am*'"" sl.oa. uo,m amv�rim ,uc mr amv,Mc oma a .m.o ,n' ar« m �.0 -------------- ---- nn _ urc rrac e. ��inx�rs 9wi a_n azam�ue i w � �r�mr� .� w�cnrii xiu�i��sam [�, f� w rw� w�+ua*w..n�in� w�.�[*�w.�i� SNE BfAfbNC i.RIF. sG�.wm .9eaiLTWr�i �� m F PTa�w nFner. Y '�.°� w�•x�rei.ml#�� �mv sn�r duel � .n.mu[c e.m mee,aa.»<n^,� pn,00-rsa,'.� m.,a�wwa.m�+. nex wmc tesuE oc+urrcm: Akm'11Y� tleYTlIC �� ; ��] vy f ower � BPG OF [A [m n� Ad L+Si M'[ AYeMB . nxm®ex, A RAD IIS IIIN,I{ OieR6 CH ,� la, n. arx , s cern ,a ra e.amon im rwa a wur..,[ manus ox.nm Deme. rw ma,..umx, au.m, ..o u...lmu,.x :r �na.aam,� `" IDAHO Page 7 C. Approved Landscape Plan (date: 8/18/2016) II I� 6 --- --- - --- , -- ----- -- -=�_ - - ---- �w°LU LU /If�1LANDSCAPE PLAN w. z C LANDSCAPE LEGEND PLANT SCHEDULE a O ­WZ LANDSCAPE NOTES Li --. CALLOUT LEGEND PROJECT INFORMATION ©=,v3Tf.'LPF"'-- SIGNAGE LEGEND a ii�Aenmr.r.arvnww Page 8 D. Proposed Landscape Plan -NOT APPROVED SEED AREA PREPARATION NOTES Page 9 LANDSCAPE LEGEND PLANTSGHED'ULE T,&Trz —.— CALLOUT LEGEND PROJECT INFCRMA ummyom D 'Iu u=.7vr,.x ,..<<.m,...._. O fro. ,.,m. m.. �.e..m.�......,. SIGNAGE LEGEND r1 �J 1faz 0 Y 0 L z - o oz u� _ � Lj LL oa❑ �LuZa NZaa(} . LL W Q Lj Q 10 E. Proposed Changes to the Developed Agreement CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Development of this site shall substantially comply with the preliminary plat and landscape plan including the following: provide a pathway connection to the City's Five Mile Creek 10 -foot multi -use pathway across Danbury Fair's common lot subject to the HOA 's consent, provide additional landscaping adjacent to Danbury Fair (northwest corner and southeast corner) and provide the street lighting as proposed in Exhibit A of the attached Findings of Fact and Conclusions of Law (Exhibit `B") and the revisions noted in the staff report. b. Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4 of the attached Findings of Fact and Conclusions of Law (Exhibit `B") and the revisions noted in the staff report. 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 of the attached Findings of Fact and Conclusions of Law (Exhibit `B") and the revisions noted in the staff report (e.g. mix of materials, covered porches, variations in roof lines and wall planes) that contributes to an attractive streetscape along Pine Avenue. C. A maximum of fourteen fifteen (4-514) single-family detached and attached homes shall be constructed on the site. The single family attached dwellings shall only be constructed on Lots 14 and 15. Block 1. Page 10 1•/ "Wi Y -11'_/[[e [y'(K� 17►1_ ►l1-�1►M�.Y;�K�)�111 a 0 113W 1. PLANNING DEPARTMENT 1.1 Development Agreement Modification 1.1.1 The Development Agreement (Instrument No. 2015-102166) shall be amended in accord with the change noted in Exhibit VII.E. The agreement shall be signed by the property owner(s) and returned to the City within 6 months of the City Council granting the modification. 1.2 Final Plat Modification 1.2.1 The applicant shall obtain the City Engineer's signature on the final plat within six (6) months from the findings date for the time extension, if approved, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 1.2.2 Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 1.2.3 The modified final plat prepared by Idaho Survey Group, LLC., stamped on 1/17/19 by Gregory G. Carter, included in Exhibit VII.B shall be revised as follows: a. Note #2: Graphically depict the three (3) foot wide public, utility, drainage and irrigation easements on east and west side of lots; with the exception of Lot 1, Block 1 which will need to have a five (5) foot wide PUDI easement on the west boundary. b. Note #2: Graphically depict the zero lot line between Lots 14 and 15, Block 1 will be a zero lot line to accommodate the attached dwelling units. C. Note #7 and #13: Include the recorded instrument number of the license agreement for the Nampa Meridian Irrigation District. d. Include the recorded instrument number of the modified development agreement, if approved and upon recordation. 1.2.4 The landscape plan prepared by Breckon Land Design, dated 5/4/18 stamped by John F. Breckon, included in Exhibit VII.D shall be revised as follows: a. Revise to include ten (10) additional trees for a total of seventeen trees (17) within Lot 17, Block 1 as depicted in the originally approved final plat (H-2016-0108). b. 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. 1.3 Site Specific Conditions 1.3.1 Applicant shall meet all terms of the approved rezone and preliminary plat (RZ-15-008, PP -15- 007). 1.3.2 Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 1.3.3 The attached single-family homes on Lots 14 and 15, Block 1 will be required to receive Administrative Design Review (DES) approval prior to obtaining a building permit. The building elevations shall comply with the submitted elevations in Exhibit A.4 of the Findings of Fact and Conclusions of Law for the original development agreement (RZ-15-008). 1.3.4 Prior to issuance of a building permit, the applicant shall record a final plat. Page 11