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Oakmore Subdivision H-2018-0118 RZCITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0118 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 7.39 Acres of Land from the R-15 Zoning District to the R-4 Zoning District; and Preliminary Plat Consisting of 18 Building Lots and 7 Common Lots on 7.39 Acres of Land in the Proposed R-4 Zoning District for Oakmore Subdivision, by Toll ID I LLC. Case No(s). H-2018-0118 For the City Council Hearing Date of: July 16, 2019 (Findings on August 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 16, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 16, 2019, 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. Meridian City Council Meeting Agenda August 13, 2019 – Page 10 of 162 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0118 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 16, 2019, 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 rezone and preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 16, 2019, 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). 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. Meridian City Council Meeting Agenda August 13, 2019 – Page 11 of 162 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0118 - 3 - F. Attached: Staff Report for the hearing date of July 16, 2019 Meridian City Council Meeting Agenda August 13, 2019 – Page 12 of 162 By action of the City Council at its regular meeting held on the J day of , 2019. COUNCIL PRESIDENT JOE BORTON VOTED A�/(� COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED At—yp MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de Weerd O0RAItoA�-Ies Attest: �� -�►'[E IDIgN�. IDAND Chris so ��y, AL Q-1/ City Clerk rF� ��rhe TREAS Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: ODated: 0' 5-lq City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0118 Oojj 1 lpr-r_ - 4 - EXHIBIT A Page 1 HEARING DATE: 7/16/2019 Continued from February 19, April 16, and June 18, 2019 TO: Mayor & City Council FROM: Bill Parsons, Current Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0118 Oakmore Subdivision LOCATION: Near the intersection of W. Gondola Drive and N. Black Cat Road, in the NE ¼ of Section 28, Township 4N., Range 1W. I. PROJECT DESCRIPTION Rezone of 7.39 acres of land from the R-15 zoning district to the R-4 zoning district; and preliminary plat consisting of eighteen (18) single family residential lots and six (6) common lots. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda August 13, 2019 – Page 14 of 162 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Ada County Highway District  Staff report (yes/no) Yes  Requires ACHD Commission Action (yes/no) Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via W. Webster Drive (local) and N. Oakstone Ave. (local) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Stub streets proposed to the north into proposed Westbridge Subdivision and to the south to the Jump Creek Subdivision. Internal access through future phases of The Oaks North Sub. Existing Road Network Existing Arterial Sidewalks / Buffers None (undeveloped) Proposed Road Improvements Distance to nearest City Park (+ size) Approximately 2/3 of a mile to Keith Bird Legacy Park Distance to other key services Fire Service 29  Distance to Fire Station Approximately 2 miles from Station No. 5  Fire Response Time 6 minutes (does not meet response time requirements; level of service expectation= 5 minutes)  Resource Reliability 77% (does not meet the targeted goal of 85% or greater)  Risk Identification 1 (residential) – current resources would be adequate to supply service to this propose project Description Details Page Acreage 7.39 Future Land Use Designation Medium Density Residential (MDR) (3-8 units/acre) Existing Land Use Rural residential and agricultural Proposed Land Use(s) Single-family residences Current Zoning R-15 Proposed Zoning R-4 Lots (# and type; bldg/common) 24 lots total; 18 building lots/6 common lots Phasing plan (# of phases) 1 Number of Residential Units (type of units) 18 single family detached homes Density (gross & net) 2.44 units/acre (gross); 3.25 units/acre (net) Open Space (acres, total [%] / buffer / qualified) 0.50 acres/0.50 acres buffer/6.77% qualified Amenities Staff is recommending a micropath and ten-foot multi-use pathway 29 Physical Features (waterways, hazards, flood plain, hillside) None Neighborhood meeting date; # of attendees: 9/19/18; no attendees History (previous approvals) AZ-13-008, RZ-13-015 (DA Inst. No. 114030972); PP-13- 014 Meridian City Council Meeting Agenda August 13, 2019 – Page 15 of 162 Page 3 Description Details Page  Accessibility Does not meet all required access, road widths and turnarounds; will need revisions to meet IFC requirements. [Common drive is over 150’ in length; two access points for subdivisions over 30 buildable lots]  Special/resource needs An aerial device will not be required  Water Supply Requires 1,000 gallons per minute for two hours  Other Resources Police Service 29  Distance to Police Station 8.5 miles from Meridian Police Department  Police Response Time 4-5 minutes  Calls for Service 10  % of calls for service split by priority % of P3 CFS – 10% % of P2 CFS – 90% % of P1 CFS – 0% % of P0 CFS – 0%  Accessibility Access for the Meridian Police Department is not an issue for the proposed development in this area.  Specialty/resource needs No additional need  Crimes 13 total  Crashes 1  Other Reports West Ada School District  Distance (elem, ms, hs) Pleasant View Elementary (planned to open 2020): ¼ mile Planned Middle School (SWC Chinden and Black Cat): +/- 1 mile Owyhee High School (planned to open 2020): +/- 1 mile  Capacity of Schools  # of Students Enrolled Grocery Store Approximately 1 mile (Walmart) COMPASS (Communities in Motion 2040 2.0) Meridian City Council Meeting Agenda August 13, 2019 – Page 16 of 162 Page 4 C. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Toll ID I LLC 3103 W. Sheryl Drive, Suite 100 Meridian, ID 83642 B. Owner: New Oaks, LLC. 5662 Calle Real #254 Galeta, CA 93117 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda August 13, 2019 – Page 17 of 162 Page 5 C. Representative: Engineering Solutions, LLP. 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 12/28/2018 6/28/2019 Radius notification mailed to properties within 300 feet 12/26/2018 6/25/2019 Applicant posted notice on site on: 1/7/2019 7/5/2019 Nextdoor posting 12/26/2018 6/25/2019 V. STAFF ANALYSIS A. The applicant proposes to rezone 7.39 acres of land from the R-15 zoning districts to the R-4 zoning district and to construct eighteen (18) detached single-family dwellings on lots ranging in size from approximately 9,500 square feet to 15,000 square feet for an average lot size of 11,495 square feet. Previously, multi-family was proposed with this phase of development, which was consistent with R-15 zoning. The proposed rezone to the R-4 designation will allow for dimensional standards consistent with the size of lots and type of development now proposed. This subdivision is proposed to develop in one (1) phase. The legal description submitted with the application, included in Exhibit VII.A, shows the boundaries of the property proposed to be rezoned. The applicant has submitted a separate development agreement modification application (H- 2018-0117) to omit the multi-family component as conceptually approved with The Oaks North preliminary plat (PP-13-014). That application will be heard before City Council on February 19, 2019 per UDC Table 11-5A-2. The Oaks North plat included 653 single-family homes with two (2) multi-family phases on approximately 252 acres of land. The currently proposed modification to The Oaks North and South development agreement is replacing both multi-family phases proposed with The Oaks North with single-family residential lots. The Oakmore Subdivision will add eighteen (18) single- family homes, while the other phase that is proposed to develop with single-family residences rather than multi-family (Oakwind) will add eighty-two (82) single family homes. With the substitution of 100 single family residences for the multi-family phases the total approximate build-out (as currently proposed) of The Oaks North and South will include approximately 750 single family residences, which is approximately 150 more single family residences than originally proposed and approved. The concept plan (shown in Exhibit VII.D) included with the original preliminary plat for this phase of development depicted approximately sixty (60) multi-family units which would have required a minimum of 10% open space and approximately three (3) qualified site amenities. The applicant is not proposing any qualified site amenities with this phase of development. Without the added amenities that the multi-family developments would have been required to construct, approximately 750 single family residences within The Oaks North and South will be utilizing the same package of amenities originally approved and shown on the concept plan in Exhibit VII.D below. Staff is concerned that the lack of qualified site amenities provided with this Meridian City Council Meeting Agenda August 13, 2019 – Page 18 of 162 Page 6 phase of development will put undue strain on the existing and planned amenities for other phases of The Oaks. Staff recommends that the applicant provide an updated list of amenities and a concept plan depicting current and planned qualified open space and amenities prior to the Council hearing. Further, Commission should determine whether there are adequate amenities and open space for a subdivision that will have approximately 750 single family homes at completion. Typically, a minimum of 10% open space is required for subdivisions that are 5 acres or more in size as set forth in UDC 11-3G-3. The applicant is proposing 0.50 acres of qualified open space or 6.77% for this phase of development. 10% open space is not being provided with this phase of development because it will be part of the overall Oaks North subdivision and open space was determined for the entire development. The percentage of qualified open space provided with this phase of development is consistent with that required with the original plat and development agreement (10.72% of the total development or 27.03 acres). Staff would like the Commission to determine the adequacy of planned qualified site amenities for the entire development. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) “Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow.” (3.03.03C) “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) C. Existing Structures/Site Improvements: There is one existing rural residence on the site that is proposed to be removed. In the applicant’s narrative they indicate that the structures are vacant. Therefore, staff recommends that the applicant obtain a demolition permit for the Building Division and remove all structures within 60 days of Council’s approval of the rezone ordinance. D. Proposed Use Analysis: The applicant proposes to construct 18 single-family detached dwellings on lots ranging in size from 9,000 to 15,099 square feet, one (1) common driveway lot and five (5) common lots. Single-family detached dwellings are listed as a principal permitted use in the R-4 zoning district per UDC Table 11-2A-2. E. Traffic A full traffic impact study (TIS) was prepared for The Oaks Subdivision. ACHD has indicated that a further TIS is not necessary for Oakmore Subdivision. F. Dimensional Standards (UDC 11-2): The minimum street frontage required per lot is sixty (60) feet in the R-4 zoning district. Lots 6 and 9, Block 1 in the proposed preliminary plat shall be revised to comply with that minimum requirement or access shall be taken from a common driveway. The preliminary plat and future development is required to comply with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district; minimum lots size is 8,000 sq. ft. Buildable lots range in size from approximately 9,000-15,000 square feet, with an average lot size of 11,495 square feet, exceeding UDC standards. Meridian City Council Meeting Agenda August 13, 2019 – Page 19 of 162 Page 7 G. Access (UDC 11-3A-3, 11-3H-4): Stub streets are proposed into the proposed Westbridge Subdivision to the north and to the Jump Creek Subdivision to the south. Internal access is proposed through future phases of The Oaks North Subdivision. Direct lot access to N. Black Road is not proposed or approved. The proposed access points are consistent with Comprehensive Plan action item #3.06.02D and UDC 11-3A-3 which restricts access points on arterial streets; only one access is proposed via the arterial street (i.e. N. Black Cat Rd.). H. Common Driveways (UDC 11-6C-3) One common driveway is proposed that shall be revised to comply with UDC standards. Per UDC 11-6C-3D-3 common driveways may be a maximum of 150’ in length. The proposed 187- foot driveway shall be modified to comply with this requirement with the final plat application An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that are not taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) 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. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. I. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family dwellings based on the number of bedrooms per unit (i.e. 2, 3 and 4 bedroom units require 4 per dwelling unit with at least 2 in an enclosed garage, other spaces may be enclosed or on a minimum 10’ x 20’ parking pad) in accord with the standards listed in UDC Table 11-3C-6. Two and three-car garages are proposed with parking pads in front of the garages in accord with UDC standards. J. Pathways ( UDC 11-3A-8): A micropath is depicted in the eastern part of the site providing connection to a common lot abutting N. Black Cat Rd. An additional micropath shall be required in the western part of the development through the common area in Lot 1, Block 1 to provide connection to the Jump Creek Subdivision to the south and in accord with Comprehensive Plan Action Item #3.07.02C. Additionally, per the Meridian Pathways Master Plan, a ten-foot multi-use pathway shall be constructed along the west side of N. Black Cat Rd. adjacent to Lot 7, Block 2. K. Sidewalks (UDC 11-3A-17): Five-foot detached sidewalks with parkways are proposed along both sides of W. Webster Ct. and adjacent to common lots, in accord with UDC standards. L. Landscaping (UDC 11-3B): A 35-foot wide street buffer is required along N. Black Cat Rd., in accord with the development agreement and landscaped per the standards listed in UDC 11-3B-7C. Landscaping is proposed in accord with UDC standards. Meridian City Council Meeting Agenda August 13, 2019 – Page 20 of 162 Page 8 Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway consisting of a mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of (1) tree is required per 100 linear feet of pathway. Stormwater swales are required to be vegetated and designed in accord with the standards listed in UDC 11-3B-11C. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Parkways are required to be landscaped per the standards listed in UDC 11-3G-3B.5 and UDC 11-3A-17. Mitigation is required for all existing healthy 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 100% replacement in accord with UDC 11-3B-10C.5. The applicant shall 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 The mitigation plan should be included on the landscape plan submitted with the final plat application. M. Qualified Open Space (UDC 11-3G): Typically, properties over five (5) acres in size are required to comply with minimum open space and site amenity requirements as set forth in UDC 11-3G-3A.1. Based on the area of the preliminary plat (7.39 acres), a minimum of 10% (or 0.74 acres) qualified open space and one (1) qualified site amenity would be required to be provided with the development if constructed on its own. Staff recommends additional qualified open space be included with this phase of development as discussed in the qualified site amenities section below. N. Qualified Site Amenities (UDC 11-3G): Proposed amenities for The Oaks North Subdivision consist of the following: The City’s ten-foot multi-use pathway along Five Mile Creek, a community swimming pool, children’s play structure, picnic shelter, pocket parks with amenities and additional qualified open space. As mentioned in the analysis above, Staff is concerned that the qualified site amenities originally approved may not be adequate for the number of single-family residences proposed for the entire development. Staff is recommending that a micropath be added to the western part of the site and the continuation of the ten-foot multi-use pathway along N. Black Cat Rd. be provided as additional amenities for this phase of development. Additionally, Staff does recommend that the Commission determine the adequacy of site amenities for the entire development during the hearing January 17, 2019. O. Fencing (UDC 11-3A-6, 11-3A-7): Fencing is proposed within the development as depicted on the landscape plan. Six-foot tall closed vision fencing is proposed at the rear of building lots along the boundary of the subdivision and adjacent to existing and future subdivisions. Five-foot wrought-iron fencing is proposed along the pathway to the common lot in the eastern part of the subdivision. The proposed fencing is in compliance with UDC standards. P. Waterways (UDC 11-3A-6): The West Tap Sublateral crosses Lots 2-3, Block 1 and Lot 1, Block 3 in the proposed plat. The lateral shall be piped or otherwise covered in accord with UDC 11-3A-6B-3. Any required easement shall be depicted with the final plat submittal. Meridian City Council Meeting Agenda August 13, 2019 – Page 21 of 162 Page 9 Q. Storm Drainage: (UDC 11-3A-18) 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. R. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B Below for Public Works comments/conditions. S. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevation renderings were submitted for future detached homes within the development, single-story and 2-stories in height. Building materials consist of a mix of materials with different types/styles of siding with stone veneer accents (see Exhibit F in Section VII.) Because the rear and/or sides of 2-story homes will be highly visible from the arterial street (i.e. N. Black Cat Rd.), staff recommends articulation is incorporated through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. NOTE: The proposed elevations in this staff report are similar to the ones that are already approved and tied to the recorded development agreement. VI. DECISION A. Staff: The proposed density (2.44 gross units/acre) of the subdivision is below the desired density in MDR designated areas (3-8 units/acre). However, when this phase is included with the entire the Oaks North subdivision, the density aligns with the desired density for MDR and adds lot diversity to the subdivision. The proposed rezone from R-15 to R-4 will allow for dimensional standards consistent with the type of development now proposed. For these reasons, Staff recommends approval of the proposed RZ and PP applications per the provisions in Section VII. B. Commission: The Meridian Planning & Zoning Commission heard these items on January 17, 2019. At the public hearing, the Commission moved to recommend approval of the subject RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Applicant’s Representative; ii. In opposition: None iii. Commenting: Becky McKay, Applicant’s Representative iv. Written testimony: None v. Staff presenting application: Stephanie Leonard vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. None Meridian City Council Meeting Agenda August 13, 2019 – Page 22 of 162 Page 10 c. Key Issues of Discussion by Commission: i. Open space and site amenities provided with this phase of development. Addition of open space in the northwest corner of the development. ii. Current common driveway length of 187’ needs to be shortened to comply with Fire Dept. standards. d. Commission Change(s) to Staff Recommendation: i. Add a condition that the common lot at the northwest corner of the plat extend into the subdivision to the west to provide a larger common lot. e. Outstanding Issue(s) for City Council: i. Rerouting of the West Tap Sub Lateral through the development. If the easement width is greater than 10 feet, the UDC requires the easement to be placed in a common lot. A portion of the easement does bisect Lot 3, Block 1 but the revised plat does not depict an easement or a common lot. The impact of the Lateral should be clarified during the public hearing. The Council should determine if the easement should be in a common lot or an easement on the buildable lot. C. Council: The Meridian City Council heard these items on July 16, 2019. At the public hearing, the Council voted to approve the subject RZ and PP request. 1. Summary of the City Council public hearing: a. In favor: Becky McKay b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. None 4. City Council change(s) to Commission recommendation: a. Condition No. 4 - Council granted the waiver to allow the West Tap Lateral to be located on buildable Lots 2 and 3, Block 1 in an easement rather than a common lot. Meridian City Council Meeting Agenda August 13, 2019 – Page 23 of 162 Page 11 VII. EXHIBITS A. Legal Description and Exhibit Map for Zoning Boundary Meridian City Council Meeting Agenda August 13, 2019 – Page 24 of 162 Page 12 Meridian City Council Meeting Agenda August 13, 2019 – Page 25 of 162 Page 13 B. Preliminary Plat (date: 10/8/2018) Revised: 2/8/2019 Micropath location Ten-foot multi-use pathway location Meridian City Council Meeting Agenda August 13, 2019 – Page 26 of 162 Page 14 C. Landscape Plan (date: 10/8/2018) Revised 02/15/2019 Meridian City Council Meeting Agenda August 13, 2019 – Page 27 of 162 Page 15 Meridian City Council Meeting Agenda August 13, 2019 – Page 28 of 162 Page 16 D. Approved Concept Plan for The Oaks North (PP-13-014) Meridian City Council Meeting Agenda August 13, 2019 – Page 29 of 162 Page 17 E. Building Elevations Meridian City Council Meeting Agenda August 13, 2019 – Page 30 of 162 Page 18 Meridian City Council Meeting Agenda August 13, 2019 – Page 31 of 162 Page 19 Meridian City Council Meeting Agenda August 13, 2019 – Page 32 of 162 Page 20 Meridian City Council Meeting Agenda August 13, 2019 – Page 33 of 162 Page 21 Meridian City Council Meeting Agenda August 13, 2019 – Page 34 of 162 Page 22 Meridian City Council Meeting Agenda August 13, 2019 – Page 35 of 162 Page 23 Meridian City Council Meeting Agenda August 13, 2019 – Page 36 of 162 Page 24 Meridian City Council Meeting Agenda August 13, 2019 – Page 37 of 162 Page 25 Meridian City Council Meeting Agenda August 13, 2019 – Page 38 of 162 Page 26 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The applicant shall comply with all conditions of previous approvals (AZ-13-008, RZ-13- 015, DA Inst. No. 114030972; PP-13-014) associated with this property. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. Note #10 shall be revised to include the name of the organization or entities responsible for maintaining the common driveway serving Lots 2 and 3, Block 3. b. Note #6: Revise to include the approved addendum to the development agreement (Inst. No. 114030972) and omit the previous development agreement. c. The West Tap Sublateral crossing Lots 2 and 3, Block 1 and Lot 1, Block 3 shall be piped or otherwise covered in accord with UDC 11-3A-6B-3. Any required easements resulting from the relocation of the lateral shall be depicted with the final plat submittal. d. Lots 6 and 9, Block 1 shall have a minimum 60-foot wide street frontage unless access is to be provided via the common driveway. e. The common lot (Lot 1, Block 3) at the northwest corner of the plat shall extend into the subdivision to the west to provide a larger common lot as shown in Exhibit C. 3. The landscape plan included in Section VII.C shall be revised as follows: a. The West Tap Sublateral crossing Lots 2 and 3, Block 1 and Lot 1, Block 3 shall be piped or otherwise covered in accord with UDC 11-3A-6B-3. Any required easements resulting from the relocation of the lateral shall be depicted with the final plat submittal. b. Include mitigation information on the plan for any 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 as set forth in UDC 11-3B-10C.5; contact Elroy Huff, City Arborist, (208-489-0589) to schedule an inspection to determine mitigation requirements prior to removal of any trees from the site. c. A micropath shall be depicted within Lot 1, Block 1. d. Provide a ten-foot multi-use-pathway with a public use easement to the west of N. Black Cat Road. e. The common lot (Lot 1, Block 3) at the northwest corner of the plat shall extend into the subdivision to the west to provide a larger common lot as shown in Exhibit C. Meridian City Council Meeting Agenda August 13, 2019 – Page 39 of 162 Page 27 4. If there are any irrigation easements greater than ten-feet in width, they shall be included in a common lot that is a minimum of 20 feet in width and outside of a fenced area, unless modified by City Council per UDC 11-3A-6D. City Council waived the requirement for the West Tap Lateral to be in a common lot and allowed the easement to be located on buildable Lots 2 and 3, Block 1. 5. For lots accessed by common driveways, an exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 6. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for all common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. 7. Preliminary plat approval shall be subject to the expiration provisions set forth in UDC 11- 6B-7. 8. Prior to final plat approval, the applicant shall submit a public access easement for a detached, multi-use pathway running the length of the development on the west side of N. Black Cat Road to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side) and may fall within the required landscape buffer. 9. The amended development agreement shall be recorded prior to submittal of a final plat application for the proposed development. 10. The preliminary plat is approved contingent upon City Council approval of the associated modification to the Oaks North and South development agreement. 11. The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. B. PUBLIC WORKS DEPARTMENT 1 Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 As proposed, the water distribution network can supply 1,500 gpm flow at build-out. If a fire flow greater than 1,500 gpm is needed, applicant shall contact the Public Works Department to determine availability. Each phase will need to be modeled individually at the time of platting. 1.3 Any existing water mainline stubs from Black Cat Road must be abandoned at the mainline in Black Cat Road per Meridian Public Works Standards. 2 General Conditions of Approval 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 Meridian City Council Meeting Agenda August 13, 2019 – Page 40 of 162 Page 28 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 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. 2.3 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. 2.4 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. 2.5 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. 2.6 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 addressed 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. 2.7 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. 2.8 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. 2.9 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. 2.10 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. Meridian City Council Meeting Agenda August 13, 2019 – Page 41 of 162 Page 29 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. 2.12 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The design 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. 2.19 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. 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. 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. 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. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Meridian City Council Meeting Agenda August 13, 2019 – Page 42 of 162 Page 30 C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/159192/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/fol/158920/Row1.aspx E. PARKS DEPARTMENT F. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/159241/Page1.aspx Meridian City Council Meeting Agenda August 13, 2019 – Page 43 of 162 Page 31 G. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/160261/Page1.aspx H. ADA COUNTY HIGHWAY DISTRICT (ACHD) I. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/159660/Page1.aspx Meridian City Council Meeting Agenda August 13, 2019 – Page 44 of 162 Page 32 IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required 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 and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Applicant is proposing to rezone the subject 7.39 acres of land from the R-15 to the R-4 zoning district and to develop eighteen (18) new single-family residential homes. The Council finds that the proposed rezone complies with the provisions of the Comprehensive Plan and future land use map (see section VII above for more information). 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-4 zoning districts is consistent with the purpose statement for the residential districts. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The 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. The Council considered all oral or written testimony provided when determining this finding. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The Council finds that the proposed zoning amendment will not result in the adverse impact upon the delivery of services by any political subdivision providing public services within the City. 5. The annexation (as applicable) is in the best interest of city. This finding is not applicable as the property is already annexed into the City. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The 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. Meridian City Council Meeting Agenda August 13, 2019 – Page 45 of 162 Page 33 2. Public services are available or can be made available and are adequate to accommodate the proposed development; The 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.) 3. 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 Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) 5. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD and ITD considers road impacts in their analysis. The Council considered all public testimony that presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Council is unaware. 6. The development preserves significant natural, scenic or historic features. (Ord. 05- 1170, 8-30-2005, eff. 9-15-2005) The Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda August 13, 2019 – Page 46 of 162