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PZ - Staff Report 01-16STAFF REPORT Hearing Date: TO: FROM: SUBJECT: January 16, 2014 (Continued from December 17, 2013) Planning and Zoning Commission Bill Parsons, Associate City Planner (208) 884-5533 �E NDIAN j - Bruce Freckleton, Development Services Manager (208) 887-2211 Summertree — RZ 13-014 and PP-13-035 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Summer Woods, LLC, has applied for a rezone (RZ) of 2.64 acres of land with an R- 15 zoning district and a preliminary plat (PP) consisting of sixteen (16) single-family residential lots, one (1) common lots on approximately 2.30 acres of land. See Section 9 of the staff report for more information. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed rezone and preliminary plat with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers RZ-13-014 and PP- 13-035 as presented in staff report for the hearing date of January 16, 2014 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers RZ-13-014 and PP- 13-035 as presented in staff report for the hearing date of January 16, 2014 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Numbers RZ-13-014 and PP-13-035 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel's R3531730010 and R3531730020) The site is located on the southwest corner of W. Cherry Lane and N. Summertree Way in the NW '/4 of Section 10, T.3N., R.1 W. b. Applicant: Summer Woods, LLC 4064 N. Bayou Lane Boise, ID 83703 Summertree RZ & PP PAGE 1 c. Owner: DL Evans Bank Nancy Young 2560 E. Fairview Avenue 553 W. Elias Street Meridian, ID 83642 Meridian, ID 83642 d. Representative: Lance Warrick, Aspen Engineers (466-8181) e. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for a rezone and preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: December 2, and 16, 2013 (Commission); c. Radius notices mailed to properties within 300 feet on: November 21, 2013 (Commission); d. Applicant posted notice on site by: December 9, 2013 (Commission); 6. LAND USE a. Existing Land Use(s): The subject site consists of two (2) properties; zoned R-4.One of the properties contains an existing residence that will be demolished with redevelopment of the property and the other property is vacant but has an existing driveway constructed on it to provide access to the Ada County parcel to the south. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The surrounding area is developed with County and City residences, zoned RI and R2 in Ada County and R-4 and R-8 in the City. c. History of Previous Actions: • In 2001, the property received annexation and combined preliminary/final plat approval (AZ- 01-026 and PFP-01-009) to develop a residential subdivision consisting of two (2) residential lots on approximately 2.30 acres. • In 2007, the City approved a new preliminary plat (PP-07-006) consisting of six (6) residential lots and one (1) common lot on 1.96 acres. The preliminary plat has expired because the previous developer failed to obtain City approval of a time extension. d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in N. Summertree Way. Location of water: A water main intended to provide service to the subject property currently exists in N. Summertree Way. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on the property. Summertree RZ & PP PAGE 2 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive plan anticipates densities between 3 to 8 dwelling units per acre. The proposed preliminary plat depicts a residential subdivision consisting of 16 single-family detached homes on 2.30 acres of land at a gross density of 6.96 dwelling units per acre consistent with the MDR designation. Concurrently, the applicant is requesting to rezone the property from the R-4 zoning district to the R-15 zoning district. The requested rezone is based on the comprehensive plan policy which allows the Commission and Council to consider a bump in residential densities on a case by case basis without the requirement of a Comprehensive Plan Amendment. Although the rezone is to the medium -high residential district (R-15) which allows a maximum density of 15 dwelling units to the acre, the proposed density falls within the parameters of the MDR designation of the comprehensive plan. For these reasons, staff finds the proposed development is consistent with the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy): • "Support a variety of residential categories (low-, medium-, medium -high and high -density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01 E) The proposed medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of a mix of medium -low and medium density residential developments. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0IF) The proposed development is annexed into the city and services are available to be extended to the site upon development in accord with UDC 11-3A-21. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I) The subject property is surrounded by properties developed at urban densities under the density of the proposed residential development. However, the proposed development will consist of single family detached homes consistent with the surrounding developments. Because the property is adjacent to several underdeveloped county properties, staff anticipates redevelopment of theses parcels in the future. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow."(3.03.03C) With the development of the subdivision, the applicant is proposing to construct a small segment of local street to serve the proposed development and both of the County parcels to the west and south. Currently, the southern County parcel has access to Cherry Lane via a prescriptive access easement which will be terminating with the development of the Summertree RZ & PP PAGE 3 subdivision. The applicant is also responsible for constructing a 5-foot attached sidewalk along the west side of N. Summertree Way. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site. "Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)" (Chapter 3, page 54). Street buffer landscaping is required adjacent to W. Cherry Lane in accord with the standards listed in UDC 11-3B-7C. After considering all of these factors staff is of the opinion that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-15): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as a principally permitted use in the R-15 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 zoning district. D. Landscaping: A 25-foot wide landscape buffer is required to comply with the design standards in accord with UDC I 1-3B-7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): The applicant has applied to rezone 2.64 acres of land from the R-4 zone to the R- 15 zone to develop sixteen (16) single family detached homes. The development is proposed to emulate an R-8 development (i.e. dimensional standards). If the applicant requested the R-8 zone, all of the proposed lots would have to take access from shared driveways based on the proposed lot frontages and lot sizes (i.e.40 feet of street frontage and 4,000 square foot lots). The rezone is desired to allow the applicant flexibility to construct patio homes within the proposed dimensional standards depicted on the plat without the need for shared driveways. To ensure the site develops as proposed, staff recommends the applicant enter into a development agreement with the City. Staff has received written testimony from the adjacent homeowners (related to density and parking) and believes the proposed DA provisions address the neighbors' concerns with the project. Staff s recommended DA provisions are provided in Exhibit B. Preliminary Plat (PP): The proposed preliminary plat consists of sixteen (16) single family residential lots and one (1) common lot on approximately 2.30 acres of land in the R-15 zoning Summertree RZ & PP PAGE 4 district. Lot sizes range between 4,005 and 5,300 square feet respectively. The average lot size within the proposed subdivision is 4,542 square feet. The proposed gross density of the subdivision is 6.96 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-15 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The R-15 zone requires a minimum lot size of 2,400 square feet with no street frontage requirement. As mentioned above, the applicant is proposing lot dimensions that exceed the minimums of the R-15 district. Therefore, all of the proposed lots comply with the dimensional standards of the UDC. The applicant is proposing three (3) lots to take access from a common driveway. At this time, the applicant is not proposing Lot 9, Block 1 take access from the common drive. If this lot does not take access from the common drive, the applicant must plat a 5-foot wide common lot along the north boundary of the lot to prohibit access to the common drive (UDC 11-6C-3D5). NOTE: Currently, the UDC requires the common drive to be platted as an easement rather than a common lot. Council is taking action on a UDC text amendment which may allow for common driveways to be placed in a common lot. If the UDC text amendment is approved prior to submittal of the final plat application, the applicant must comply with the common drive requirements in effect at the time of final plat submittal. Access: Access to this development is proposed from the extension of W. Aspen Creek Street and N. Saw Creek Way, via N. Summertree Way. The internal streets are proposed as a reduced street section (42 feet of right-of-way; 29 travel between curbs); which restricts on -street parking to one side of the street. The Fire Department has reviewed the proposed development and has approved the street section as proposed. The proposed street network also provides public street access to the Ada County parcels to the west and the south. Currently, the southern Ada County parcel has an existing driveway connection to W. Cherry Lane that traverses the subject property. This access will be terminated with the development of the proposed subdivision and access to the Ada County parcel will be provided by the proposed local street network. Direct lot access via W. Cherry Lane is not proposed or approved with this application. To meet the Fire Department requirements for a temporary turnaround, the applicant must restrict the development of Lot 11, Block 1 until the roadway extends to the adjacent property. To ensure this is a viable street network the applicant has provided a basic concept plan showing how the Ada County property to the west could redevelop. This exhibit depicts the extension roadway and a possible lot layout. Although conceptual, staff finds the adjacent property (west) could redevelop and future access can be accommodated from the stub street street in accord with UDC 11-3A-3 (see Exhibit A.2). Staff is supportive of the public street access and reduced street sections proposed for the development. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A 25-foot wide landscape buffer adjacent to W. Cherry Lane is required to be installed in accord with UDC 11-313-7C. On the submitted landscape plan, the applicant is proposing to construct a 26-foot wide landscape buffer which exceeds the dimensional standard of the UDC. Additionally, the required number of trees and vegetation is also being provided. Staff finds the proposed landscape buffer complies with the standards set forth in UDC 11-3B-7C. Open Space and Site Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3) does not require open space or site amenities to be provided. Summertree RZ & PP PAGE 5 Existing Trees: The subject property contains numerous mature trees that will remain and /or will be removed with the development of the proposed subdivision. Per in UDC 11-313-10, mitigation is required for all existing healthy trees 4-inch caliper or greater that are removed from the site. With the submittal of the final plat the applicant should submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The applicant is proposing 6-foot solid vinyl fencing along the north, west and east perimeter of the development. The proposed fencing complies with the City's fence regulations set forth in UDC 11-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: There is an existing home on the site that will be removed with the development of the proposed subdivision. The existing structures must be demolished and the existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat. Building Elevations: The applicant has submitted sample elevations to depict the style of homes for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding, cedar shake siding, and board and batten siding) and stone wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers and covered front and rear porches. Typically, single family homes are not required to obtain design review approval, however the Meridian Design Manual encourages similar building materials and mix of materials be incorporated into all sides of the future homes, specifically, for those facades that face a public street. The applicant should keep this in mind when designing homes adjacent to W. Cherry Lane (Lots 2-8, Block 1). Future homes constructed within the subdivision must comply with the elevations attached in Exhibit A.4 below. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review the home elevations adjacent to W. Cherry Lane as described above to ensure conformance with these design features. In summary, Staff recommends approval of the proposed rezone and preliminary plat with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 11/01/13) and Conceptual Lot Layout for the adjacent Ada County Parcel to the West 3. Proposed Landscape Plan (dated: 11/01/13) 4. Proposed Building Elevations B. Conditions of Approval Summertree RZ & PP PAGE 6 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Summertree RZ & PP PAGE 7 A. Drawings 1. Vicinity Map T" \ i� - e440_ h se orI06����� i R-4 ake R g � Ji i l WC FLE' er ' Ln- Rl Tre "RI @• jr n rrtCr w �.. - - RI -- a + ` a R_2reek Se I I S i o . fl I- D \RUT Summertree RZ & PP PAGE 8 2 r s •01, 2. Proposed Preliminary Plat (dated: 11/01/13) and Conceptual Lot Layout for the adjacent Ada County Parcel to the West SUMMERTREE SUBDIVISION LOCATED IN A PORTION OF THE NE 114 OF THE NW 1/4 OF SECTION 10. T.3N. RAW, BOISE MERIDIAN. CITY OF MERIDIAN, ADA COUNTY, IDAHO NOVEMBER 1, 2013 I III .7.1 I,r ; I11 I _ . Moo Summertree RZ & PP Lam_ i ! A" J A � _ coRCERn,n.. 1 {{ 7 I , I , DRAFT CONCEPT LAYOUT FOR NEIGHBORING PARCEL----.- a30 10/25/2013 �SCALE (FT) PAGE 9 3. Proposed Landscape Plan (dated: 11/01/13) W CHERRY LME -- • _ . . . »4 p- �_-��� Q II c —j—_BLOCK2 W PRE —PLAT LANDSCAPE PLAN ------- LEGEND ,w -. ». Arspr�erw,ua -'— .• wc�..cto �...t ace ,g cc.te: T.'-..oi.�e•- sS � we.d; uC Cmt.t: Ron 5o gmt 4064 N Bayyoo Lane Bdce• ID 83703 208-371-6110 Lmce Wornick ASPEN ENCINE[RS 485 W. maln 6vae1 Kma• 10 83534 208-466-8181 PLANT SCHEDULE •-,• .�,�....... n w.d: 0 .. .... , ..,.. LANDSCAPE NOTES PREMMJARY DEVELOPMENT FEATURES • .aw—.iwwa.w..c.� 8EE SHEET L2.0 FOR PLANTING DETAILS Summertree RZ & PP PAGE 10 4. Building Elevations DARLINGTON HEPBURN g�ij11111f11l1� �illl ;ji ,� _� ARLINGTON Summertree RZ & PP PAGE 11 PONDEROSA PINE MWIMIMM-11 Summertree RZ & PP PAGE 12 B. Conditions of Approval 1. PLANNING DIVISION 1.1 Rezone 1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the preliminary plat, landscape plan and building elevations in Exhibit A. b. A maximum of sixteen (16) single family detached homes shall be constructed on the site. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 10/14/13, shall be revised as follows: a. Lots 6-8, Block 1 shall take access from common driveways as proposed. If Lot 9, Block 1 does not take access from the common drive, provide a 5-foot wide common lot along the north boundary of the lot to prohibit access to the common drive. All common drives shall be designed in accordance with UDC 11-6C-3D in effect at the time of final plat submittal. An exhibit depicting the setbacks, building envelope an orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveways. b. Direct lot access shall be prohibited to W. Cherry Lane in accord with UDC 11-3A-3. c. Lot 11, Block 1 is non -buildable and must contain the temporary emergency turnaround as proposed until the stub street is extended with the development of the Ada County parcel to the west (Parcel # S 1210212720). d. Provide a stub street to Parcel's S 1210212720 and S 1210212530 as proposed. 1.2.2 The landscape plan, dated 10/24/13 shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a detailed fence plan with the final plat application. b. Construct a 26-foot wide landscape buffer adjacent to W. Cherry Lane as proposed. c. Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. With the submittal of the final plat the applicant shall submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. d. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 1.2.3 Prior to the issuance of a building pennit, the applicant shall record a final plat. 1.2.4 Future homes constructed within the subdivision must comply with the submitted elevations Summertree RZ & PP PAGE 13 attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face W. Cherry Lane (Lots 2-8, Block 1). The future building restriction form shall note compliance with the approved building elevations. 1.2.5 All buildings that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to City Engineer signature of the final plat. 1.2.6 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.5 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.7 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.8 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 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 final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.4 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-01-026 and PFP-01-009). Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.4.5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC 11- 3G-3F1. Summertree RZ & Pp PAGE 14 2. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.1.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.1.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non -domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.1.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, 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. Summertree RZ & PP PAGE 15 2.1.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.1.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.1.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.1.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. Summertree RZ & PP PAGE 16 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 ''/z" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 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. 3.5 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. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.7 Fire lanes, streets and structures including the canopy height of mature trees shall have a vertical clearance of 13'6" as set forth in International Fire Code Section 503.2.1. 3.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. PARKS DEPARTMENT 5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10. 6. REPUBLIC SERVICES 6.1 Republic Services has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC COMMENTS 7.1 Correct deficiencies and replace deteriorated facilities on Cherry Lane abutting the site. These include sidewalk, curb, gutter, driveways, pedestrian ramps, etc. Summertree RZ & PP PAGE 17 7.2 Construct a 5-foot wide attached concrete sidewalk on Summertree Way abutting the site. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. 7.3 Update the existing pedestrian ramps to be ADA compliant at the intersection of Summertree Way and Cherry Lane abutting the site. 7.4 Construct pedestrian ramps to be ADA compliant at the intersection of Summertree Way and Aspen Creek Street abutting the site on both sides. 7.5 Construct all internal local streets as 29-foot street sections with vertical curb, gutter and 5-foot wide attached sidewalks within 42-feet of right-of-way. Obtain written fire department approval for the proposed reduced local street section (29-feet). 7.6 Install a sign at the terminus of the stub street, Saw Creek Way, stating "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.7 Construct a temporary turnaround on Lot 11, Block 1 at the terminus of Saw Creek Way, and obtain written fire department approval for the temporary turnaround, as it does not have the design of a standard cul-de-sac. 7.8 Direct lot access is prohibited to Cherry Lane and shall be noted on the final plat. 7.9 Payment of impacts fees are due prior to issuance of a building permit. 7.10 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non -compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. Summertree RZ & PP PAGE 18 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Summertree RZ & PP PAGE 19 C. Legal Description and Exhibit Map n 1 DTP860.3442 SURVEYING LLc h@,nlszl.com g dtpcugh@,nlszl.com Professional Land SimAcyor 1506 E. Prohaska Cc. s Eagle, II) 93616 October 16, 2013 REZONE DESCRIPTION, R-4 TO R-15 PROPOSED SUMMERTREE SUBDIVISION Lots l and 2, Block 1 of Hearthstone Subdivision, as same is recorded in Book 86 of Plats at Page 9650, Ada County records, and a portion of public right-of-way lying in the NE1/4 of the NW 1/4 of Section 10, T.3N.,R.1 W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 10; Thence along the section line South 89°40'23" East, 1651.05 feet to the REAL POINT OF BEGINNING. Thence continuing South 89040'23" East, 334.85 feet; Thence South 00'15'53" West, 344.82 feet; Thence North 89036'30" West, 332.64 feet; Thence North 00106'09" West, 344.45 feet to the Point of Beginning. Containing 2.64 acres, more or less. a: j �- b3o-t3 OF 10 Summertree RZ & PP PAGE 20 W. CHERRY LANE 4 3 RP08 BASIS OF BEARING S 89'40'23" E 2645.03' 9 10 1651.05 - - S 894023E 334.85 659.13' RIGHT—OF—WAY WARRANTY DEED INST. N0. 94090609 v L N 89-41'01" W 334.56, d- 2.64 ACRES N c� �! I I, I S m `3 0 °os `l QI N C5 O l I Lc) r^ O O o, o zl I� v N 89'36'30" W 332.64; !/NPZATTED 25 100 0 50 200 SCALE: 1 " = 100' U431 Y N 1?E2:61vc EXHIBIT JOB N0. 1 D SURVEYING, LLC 208.860.3.1 PROPOSED SUMMERTREE SUB. bc-xx dtfP.IT�en.mm Professional Land —Surveyor 1506 E. Pr-b ska Ct. A RESUBOMSION OF HEARTHSTONE SUB., �� No. s Eagle, ID 83616 LOCATED IN THE NE IA OF THE NW OF SEC ON 10, T.3N., R7 W., S.M. WG. DATE - MERIDIAN ADA COUNTY IDAHO 10-15-13 SUmmertree RZ & PP PAGE 21 D. Required Findings from Unified Development Code 1. Rezone 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 rezone 2.64 acres to the R-15 zoning district. Staff finds that the proposed map amendment is generally consistent with the MDR designation for this property. Therefore, Staff finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VI1 above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the R-1 5 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). Staff finds rezoning this property with an R-15 zoning district is in the best interest of the City if the applicant enters into a development agreement. 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; Staff finds that the proposed plat are in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Summertree RZ & PP PAGE 22 Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference consider the facts, analysis and any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council may consider any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Summertree RZ & PP PAGE 23 Sara M. Baker, President John S. Franden, Vice President Rebecca W. Arnold, Commissioner Mitchell A. Jaurena, Commissioner Jim Hansen, Commissioner Date: December 31, 2013 To: Ron Sargent, via e-mail Summer Woods, LLC 4064 N. Bayou Ln. Boise, ID 83703 Subject: Summertree Subdivision 4275 W. Cherry Ln. On December 31, 2013 the Ada County Highway District Staff acted on your application for the above referenced project. The attached report lists site -specific requirements, conditions of approval and street improvements, which are required. If you have any questions, please feel free to contact me at (208) 387-6335. Sincerely, Austin Miller Planning Review Intern Development Services Ada County Highway District CC: Project file City of Meridian, via e-mail Aspen Engineers, via e-mail Ada County Highway District • 3775 Adams Street • Garden City, ID • 83714 • PH 2O8-387-6100 • FX 345-7650 • www.achdidaho.org Development Services Department Project/File: Summertree (MRZ-13-014 / MPP-13-035) The applicant is requesting a rezone and preliminary plat approval for a 16 lot residential subdivision. Lead Agency: City of Meridian Site address: 4275 W. Cherry Ln. Staff Approval: December 31, 2013 Applicant: Ron Sargent Summer Woods, LLC 4064 N. Bayou Ln. Boise, ID 83703 Representative: Lance Warnick Aspen Engineers 485 W. Main St. Ste. B Kuna, ID 83634 Staff Contact: Austin Miller Phone: (208) 387-6335 E-mail: amilleraachdidaho.ora A. Findinqs of Fact Udsk , ­&OL4 � 1. Description of Application: The applicant is requesting a rezone and preliminary plat approval for Summertree. The proposed project consists of 16 buildable lots and 1 common lot on 2.3 acres. The applicant is proposing to rezone the site from R-4 to R-15. This proposal is consistent with Meridian's comprehensive plan. 2. Description of Adjacent Surrounding Area: Direction Land Use Zoni North Golf View Estates R-4 South §:1-ngleFamily Residential District R1 East Cherrywood Village R-8 West Low Density Residential District R-2 3. Site History: ACHD previously reviewed this site as Hearthstone Subdivision (MPFP01-009) in April 2002. 4. Adjacent Development: The following developments are pending or underway in the vicinity of the site: Summertree • Buckeye Place Subdivision located southwest of the site is in various stages of development. 5. Transit: There are no transit services available to serve this site. 6. New Center Lane Miles: 0.1 7. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any building permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 8. Capital Improvements Plan (CIP)/ Integrated Five Year Work Plan (IFYWP): • Black Cat Road is scheduled in the Capital Improvements Plan to be widened to 5-lanes from Franklin Road to Cherry Lane between 2017 and 2021. • Black Cat Road is scheduled ton the Capital Improvements Plan to be widened to 5-lanes from Cherry Lane to Ustick Road between 2017 and 2021. • Ten Mile Road is scheduled on the Capital Improvements Plan to be widened to 4/5-lanes from Cherry Lane to Ustick Road in 2015. • The intersection of Cherry Lane and Black Cat Road is listed in the Capital Improvements Plan to be widened to 6-lanes on the north leg, 7-lanes on the south, 7-lanes east, and 6-lanes on the west leg, and signalized between 2017 and 2021. • The intersection of Cherry Lane and Ten Mile Road is scheduled in the Capital Improvements Plan to be widened to 7-lanes on the north leg, 7-lanes on the south, 7-lanes east, and 7-lanes on the west leg, and signalized between 2017 and 2021. B. Traffic Findings for Consideration 1. Trip Generation: This development is estimated to generate 143 additional vehicle trips per day (10 existing); 15 additional vehicle trips per hour in the PM peak hour (1 existing), based on the Institute of Transportation Engineers Trip Generation Manual, 9th edition. 2. Condition of Area Roadways Traffic Count is based on Vehicles per hour (VPH) Roadway Frontage Functional PM Peak Hour PM Peak Hour Level Existing Plus Classification Traffic Count of Service Project Cherry Ln. 335-feet Principal 702 Better than Better Arterial "E" than "E" Ten Mile Rd. None Minor Arterial 1,051 Better than Better "D" than "D" Black Cat Rd. None Minor Arterial 321 Better than Better Summertree "D" than "D" N/A Way 300-feet Local N/A N/A * Acceptable level of service for a five -lane principal arterial is "E" (1,770 VPH). * Acceptable level of service for a four -lane minor arterial is "D" (1,200 VPH). * Acceptable level of service for a two-lane minor arterial is "D" (550 VPH). 3. Average Daily Traffic Count (VDT) Average daily traffic counts are based on ACHD's most current traffic counts. 2 Summertree The average daily traffic count for Cherry Lane west of Ten Mile Road was 11,624 on May 17, 2011. The average daily traffic count for Ten Mile Road south of Cherry Lane was 15,953 on June 16, 2011. The average daily traffic count for Black Cat Road south of Cherry Lane was 5,193 on June 23, 2013. C. Findings for Consideration Cherry Lane a. Existing Conditions: Cherry Lane is improved with 5-travel lanes, vertical curb, gutter, and 7-foot wide sidewalk abutting the site. There is 90-feet of right-of-way for Cherry Lane (45-feet from centerline). b. Policy: Arterial Roadway Policy: District Policy 7205.2.1 states that the developer is responsible for improving all street frontages adjacent to the site regardless of whether or not access is taken to all of the adjacent streets. Master Street Map and Typology Policy: District Policy 7205.5 states that the design of improvements for arterials shall be in accordance with District standards, including the Master Street Map and Livable Streets Design Guide. The developer or engineer should contact the District before starting any design. Street Section and Right -of -Way Width Policy: District Policies 7205.2.1 & 7205.5.2 state that the standard 5-lane street section shall be 72-feet (back -of -curb to back -of -curb) within 96-feet of right-of-way. This width typically accommodates two travel lanes in each direction, a continuous center left -turn lane, and bike lanes on a minor arterial and a safety shoulder on a principal arterial. Right -of -Way Dedication: District Policy 7205.2 states that The District will provide compensation for additional right-of-way dedicated beyond the existing right-of-way along arterials listed as impact fee eligible in the adopted Capital Improvements Plan using available impact fee revenue in the Impact Fee Service Area. No compensation will be provided for right-of-way on an arterial that is not listed as impact fee eligible in the Capital Improvements Plan, The District may acquire additional right-of-way beyond the site -related needs to preserve a corridor for future capacity improvements, as provided in Section 7300. Minor Improvements Policy: District Policy 7203.3 states that minor improvements to existing streets adjacent to a proposed development may be required. These improvements are to correct deficiencies or replace deteriorated facilities. Included are sidewalk construction or replacement; curb and gutter construction or replacement; replacement of unused driveways with curb, gutter and sidewalk; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items. ACHD Master Street Map: ACHD Policy Section 3111.1 requires the Master Street Map (MSM) guide the right-of-way acquisition, arterial street requirements, and specific roadway features required through development. This segment of Cherry Lane is designated in the MSM as a Residential Arterial with 5-lanes and on -street bike lanes, a 72-foot street section within 96-feet of right-of-way. c. Applicant Proposal: The applicant is not proposing any improvements to Cherry Lane abutting the site. 3 Summertree d. Staff Comments/Recommendations: The applicant should not be required to dedicate any additional right-of-way because Cherry Lane is built -out to the 5-lane section. The applicant should be required to correct deficiencies and replace deteriorated facilities on Cherry Lane abutting the site. These include sidewalk, curb, gutter, driveways, pedestrian ramps, etc. 2. Summertree Way a. Existing Conditions: Summertree Way is improved with 2-travel lanes, 25-feet of pavement, rolled curb, gutter, and no sidewalk abutting the site. There is 40-feet of right-of-way for Summertree Way (20-feet from centerline). b. Policy: Reduced Urban Local Street-29-foot Street Section and Right -of -Way Policy: District Policy 7207.5.2 states that the width of a reduced urban local street shall be 29-feet (back -of - curb to back -of -curb) with curb, gutter, and minimum 5-foot concrete sidewalks on both sides and shall typically be within 42-feet of right-of-way. Although some parking is allowed by the following subsections, the District will further restrict parking on a reduced width street if curves or other physical features cause problems, if actual emergency response experience indicates that emergency vehicles may not be able to provide service, or if other safety concerns arise. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back -of -curb. Where feasible, a parkway strip at least 8-feet wide between the back -of -curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District's Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement.). c. Applicant Proposal: The applicant is proposing to construct 5-foot wide attached concrete sidewalk on Summertree way abutting the site. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved as proposed. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. The applicant should be required to update the existing ramps located in the following locations so as to be ADA compliant: ■ The intersection of Summertree Way and Cherry Lane abutting the site. 4 Summertree 3. Internal Roads a. Existing Conditions: There are no roads constructed internal to the site. b. Policy: Reduced Urban Local Street-29-foot Street Section and Right -of -Way Policy: District Policy 7207.5.2 states that the width of a reduced urban local street shall be 29-feet (back -of - curb to back -of -curb) with curb, gutter, and minimum 5-foot concrete sidewalks on both sides and shall typically be within 42-feet of right-of-way. Although some parking is allowed by the following subsections, the District will further restrict parking on a reduced width street if curves or other physical features cause problems, if actual emergency response experience indicates that emergency vehicles may not be able to provide service, or if other safety concerns arise. Design Condition #1: Parking is allowed on one side of a reduced width street when all of the following criteria are met: • The street is in a residential area. • The developer shall provide written approval from the appropriate fire department or emergency response unit in the jurisdiction. • The developer shall install "NO PARKING" signs on one side of the street, as specified by the District and as specified by the appropriate fire department. • Vertical curbs with attached 5-foot (minimum) wide sidewalks, or rolled curbs with 5-foot (minimum) wide detached sidewalks and 8-foot (minimum) wide planter strips, are required. • Traffic volumes on the street shall not exceed 1,000 vehicle trips per day. There shall be no possibility that another street may be connected to it in a manner that would allow more than 1,000 vehicle trips per day. Sidewalk Policy: District Policy 7207.5.7 states that five-foot wide concrete sidewalk is required on both sides of all local street, except those in rural developments with net densities of one dwelling unit per 1.0 acre or less, or in hillside conditions where there is no direct lot frontage, in which case a sidewalk shall be constructed along one side of the street. Some local jurisdictions may require wider sidewalks. The sidewalk may be placed next to the back -of -curb. Where feasible, a parkway strip at least 8-feet wide between the back -of -curb and the street edge of the sidewalk is recommended to provide increased safety and protection of pedestrians and to allow for the planting of trees in accordance with the District's Tree Planting Policy. If no trees are to be planted in the parkway strip, the applicant may submit a request to the District, with justification, to reduce the width of the parkway strip. Detached sidewalks are encouraged and should be parallel to the adjacent roadway. Meandering sidewalks are discouraged. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement.). c. Applicant Proposal: The applicant is proposing to construct all internal roads as 29-foot street sections with rolled curb, gutter and 5-foot attached concrete sidewalk within 42-feet of right-of-way. d. Staff Comments/Recommendations: The should be approved as proposed; however Condition #1. applicant's proposal meets District Policy and vertical curb is required consistent with Design E Summertree The applicant should be required to obtain written fire department approval for the reduced street sections proposed (29-feet). The applicant should be required to update the existing ramps located in the following locations so as to be ADA compliant: • The intersection of Summertree Way and Aspen Creek Street abutting the site on both sides. This map reflects the locations of where the applicant is to construct ADA compliant pedestrian ramps. W. CHERRY LANE 4. Roadway Offsets a. Existing Conditions: There are no roads constructed internal to the site. b. Policy: Local Offset Policy: District policy 7207.4.2, requires local roadways to align or provide a minimum offset of 125-feet from any other street (measured centerline to centerline). c. Applicant's Proposal: The applicant is proposing to construct all internal local streets to provide a minimum offset of 125-feet. d. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved as proposed. 5. Stub Streets a. Existing Conditions: There are no roads constructed internal to the site. 6 Summertree b. Policy: Stub Street Policy: District policy 7207.2.4 states that stub streets will be required to provide circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7207.2.5.4, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." In addition, stub streets must meet the following conditions: • A stub street shall be designed to slope towards the nearest street intersection within the proposed development and drain surface water towards that intersection; unless an alternative storm drain system is approved by the District. • The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. Temporary Dead End Streets Policy: District policy 7207.2.4 requires that the design and construction for cul-de-sac streets shall apply to temporary dead end streets. The temporary cul-de-sac shall be paved and shall be the dimensional requirements of a standard cul-de-sac. The developer shall grant a temporary turnaround easement to the District for those portions of the cul-de-sac which extend beyond the dedicated street right-of-way. In the instance where a temporary easement extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as a non -buildable lot until the street is extended. c. Applicant Proposal: The applicant is proposing to construct one stub street, Sawcreek Way, to stub to the west property line at the southwest corner of the site. The applicant is proposing to construct a temporary turnaround on Lot 11, Block 1 of the site. Staff Comments/Recommendations: The applicant's proposal meets District Policy and should be approved as proposed. The applicant shall be required to install a sign at the terminus of the stub street stating "THIS ROAD WILL BE EXTENDED IN THE FUTURE." The applicant should be required to obtain written fire department approval for the temporary turnaround, as it does not have the design of a standard cul-de-sac. 6. Tree Planters Tree Planter Policy: Tree Planter Policy: The District's Tree Planter Policy prohibits all trees in planters less than 8-feet in width without the installation of root barriers. Class II trees may be allowed in planters with a minimum width of 8-feet, and Class I and Class III trees may be allowed in planters with a minimum width of 10-feet. 7. Landscaping Landscaping Policy: A license agreement is required for all landscaping proposed within ACHD right-of-way or easement areas. Trees shall be located no closer than 10-feet from all public storm drain facilities. Landscaping should be designed to eliminate site obstructions in the vision triangle at intersections. District Policy 5104.3.1 requires a 40-foot vision triangle and a 3-foot height restriction on all landscaping located at an uncontrolled intersection and a 50-foot offset from stop signs. Landscape plans are required with the submittal of civil plans and must meet all District requirements prior to signature of the final plat and/or approval of the civil plans. 8. Other Access Cherry Lane is classified as a principal arterial roadway. Direct lot access is prohibited to this roadway and should be noted on the final plat. D. Site Specific Conditions of Approval 7 Summertree 1. Correct deficiencies and replace deteriorated facilities on Cherry Lane abutting the site. These include sidewalk, curb, gutter, driveways, pedestrian ramps, etc. 2. Construct a 5-foot wide attached concrete sidewalk on Summertree Way abutting the site. A permanent right-of-way easement shall be provided if public sidewalks are placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right- of-way line and 2-feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. 3. Update the existing pedestrian ramps to be ADA compliant at the intersection of Summertree Way and Cherry Lane abutting the site. 4. Construct pedestrian ramps to be ADA compliant at the intersection of Summertree Way and Aspen Creek Street abutting the site on both sides. 5. Construct all internal local streets as 29-foot street sections with vertical curb, gutter and 5-foot wide attached sidewalks within 42-feet of right-of-way. Obtain written fire department approval for the proposed reduced local street section (29-feet). 6. Install a sign at the terminus of the stub street, Saw Creek Way, stating "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7. Construct a temporary turnaround on Lot 11, Block 1 at the terminus of Saw Creek Way, and obtain written fire department approval for the temporary turnaround, as it does not have the design of a standard cul-de-sac. 8. Direct lot access is prohibited to Cherry Lane and shall be noted on the final plat. 9. Payment of impacts fees are due prior to issuance of a building permit. 10. Comply with all Standard Conditions of Approval. E. Standard Conditions of Approval 1. All irrigation facilities shall be relocated outside of the ACHD right-of-way. 2. Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 3. In accordance with District policy, 7203.3, the applicant may be required to update any existing non -compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review 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. 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. 6. All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7. It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 8 Summertree 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. 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. 10. Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 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. 12. If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. F. Conclusions of Law The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. G. Attachments 1. Vicinity Map 2. Site Plan 3. Utility Coordinating Council 4. Development Process Checklist S. Request for Reconsideration Guidelines 9 Summertree VICINITY MAP 10 Summertree SITE PLAN t f gilli.ip.. 15m I� G 111.11 ., -, 11 Summertree Ada County Utility Coordinating Council Developer/Local Improvement District Right of Way Improvements Guideline Request Purpose: To develop the necessary avenue for proper notification to utilities of local highway and road improvements, to help the utilities in budgeting and to clarify the already existing process. 1) Notification: Within five (5) working days upon notification of required right of way improvements by Highway entities, developers shall provide written notification to the affected utility owners and the Ada County Utility Coordinating Council (UCC). Notification shall include but not be limited to, project limits, scope of roadway improvements/project, anticipated construction dates, and any portions critical to the right of way improvements and coordination of utilities. 2) Plan Review: The developer shall provide the highway entities and all utility owners with preliminary project plans and schedule a plan review conference. Depending on the scale of utility improvements, a plan review conference may not be necessary, as determined by the utility owners. Conference notification shall also be sent to the UCC. During the review meeting the developer shall notify utilities of the status of right of way/easement acquisition necessary for their project. At the plan review conference each company shall have the right to appeal, adjust and/or negotiate with the developer on its own behalf. Each utility shall provide the developer with a letter of review indicating the costs and time required for relocation of its facilities. Said letter of review is to be provided within thirty calendar days after the date of the plan review conference. 3) Revisions: The developer is responsible to provide utilities with any revisions to preliminary plans. Utilities may request an updated plan review meeting if revisions are made in the preliminary plans which affect the utility relocation requirements. Utilities shall have thirty days after receiving the revisions to review and comment thereon. 4) Final Notification: The developer will provide highway entities, utility owners and the UCC with final notification of its intent to proceed with right of way improvements and include the anticipated date work will commence. This notification shall indicate that the work to be performed shall be pursuant to final approved plans by the highway entity. The developer shall schedule a preconstruction meeting prior to right of way improvements. Utility relocation activity shall be completed within the times established during the preconstruction meeting, unless otherwise agreed upon. Notification to the Ada County UCC can be sent to: 50 S. Cole Rd. Boise 83707, or Visit iducc.com for e-mail notification information. 12 Summertree Development Process Checklist Items Completed to Date: ®Submit a development application to a City or to Ada County ®The City or the County will transmit the development application to ACHD ®The ACHD Planning Review Section will receive the development application to review ®The Planning Review Section will do one of the following: ❑Send a "No Review" letter to the applicant stating that there are no site specific conditions of approval at this time. ®Write a Staff Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. ❑Write a Commission Level report analyzing the impacts of the development on the transportation system and evaluating the proposal for its conformance to District Policy. Items to be completed by Applicant: ❑For ALL development applications, including those receiving a "No Review" letter: • The applicant should submit one set of engineered plans directly to ACHD for review by the Development Review Section for plan review and assessment of impact fees. (Note: if there are no site improvements required by ACHD, then architectural plans may be submitted for purposes of impact fee assessment.) • The applicant is required to get a permit from Construction Services (ACHD) for ANY work in the right-of- way, including, but not limited to, driveway approaches, street improvements and utility cuts. ❑Pay Impact Fees prior to issuance of building permit. Impact fees cannot be paid prior to plan review approval. DID YOU REMEMBER: Construction (Non -Subdivisions) ❑ Driveway or Property Approach(s) • Submit a "Driveway Approach Request" form to ACHD Construction (for approval by Development Services & Traffic Services). There is a one week turnaround for this approval. ❑ Working in the ACHD Right -of -Way • Four business days prior to starting work have a bonded contractor submit a "Temporary Highway Use Permit Application" to ACHD Construction — Permits along with: a) Traffic Control Plan b) An Erosion & Sediment Control Narrative & Plat, done by a Certified Plan Designer, if trench is >50' or you are placing >600 sf of concrete or asphalt. Construction (Subdivisions) ❑ Sediment & Erosion Submittal • At least one week prior to setting up a Pre -Construction Meeting an Erosion & Sediment Control Narrative & Plan, done by a Certified Plan Designer, must be turned into ACHD Construction to be reviewed and approved by the ACHD Stormwater Section. ❑ Idaho Power Company • Vic Steelman at Idaho Power must have his IPCO approved set of subdivision utility plans prior to Pre -Con being scheduled. ❑ Final Approval from Development Services is required prior to scheduling a Pre -Con. 13 Summertree Request for Appeal of Staff Decision Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. Initiation: An appeal is initiated by the filing of a written notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may during such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 14 Summertree Request for Reconsideration of Commission Action Request for Reconsideration of Commission Action: A Commissioner, a member of ACHD staff or any other person objecting to any final action taken by the Commission may request reconsideration of that action, provided the request is not for a reconsideration of an action previously requested to be reconsidered, an action whose provisions have been partly and materially carried out, or an action that has created a contractual relationship with third parties. a. Only a Commission member who voted with the prevailing side can move for reconsideration, but the motion may be seconded by any Commissioner and is voted on by all Commissioners present. If a motion to reconsider is made and seconded it is subject to a motion to postpone to a certain time. b. The request must be in writing and delivered to the Secretary of the Highway District no later than 3:00 p.m. on the day prior to the Commission's next scheduled regular meeting following the meeting at which the action to be reconsidered was taken. Upon receipt of the request, the Secretary shall cause the same to be placed on the agenda for that next scheduled regular Commission meeting. The request for reconsideration must be supported by written documentation setting forth new facts and information not presented at the earlier meeting, or a changed situation that has developed since the taking of the earlier vote, or information establishing an error of fact or law in the earlier action. The request may also be supported by oral testimony at the meeting. d. If a motion to reconsider passes, the effect is the original matter is in the exact position it occupied the moment before it was voted on originally. It will normally be returned to ACHD staff for further review. The Commission may set the date of the meeting at which the matter is to be returned. The Commission shall only take action on the original matter at a meeting where the agenda notice so provides. e. At the meeting where the original matter is again on the agenda for Commission action, interested persons and ACHD staff may present such written and oral testimony as the President of the Commission determines to be appropriate, and the Commission may take any action the majority of the Commission deems advisable. If a motion to reconsider passes, the applicant may be charged a reasonable fee, to cover administrative costs, as established by the Commission. 15 Summertree