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Pickleball Court Subdivision H-2022-0025 Findings CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI N, AND DECISION&ORDER , In the Matter of the Request for Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district and a Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 district,by The Land Group. Case No(s).H-2022-0025 For the City Council Hearing Date of. July 26,2022 (Findings on August 9,2022) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 26, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of July 26,2022,incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 26,2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of July 26, 2022, 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 as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 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. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025) - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of July 26, 2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for Annexation and Zoning and Preliminary Plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of July 26,2022, 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 1I- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-5B-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one (1)two(2)year period.Additional time extensions up to two (2)years as FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025) -2- determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-6F). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Judicial Review Pursuant to Idaho Code § 67-652 1(1)(d),if this final decision concerns a matter enumerated in Idaho Code § 67-6521(1)(a), an affected person aggrieved by this final decision may,within twenty-eight (28)days after all remedies have been exhausted, including requesting reconsideration of this final decision as provided by Meridian City Code § 1-7-10, seek judicial review of this final decision as provided by chapter 52,title 67,Idaho Code. This notice is provided as a courtesy; the City of Meridian does not admit by this notice that this decision is subject to judicial review under LLUPA. F. Notice of Right to Regulatory Takings Analysis Pursuant to Idaho Code §§ 67-6521(1)(d) and 67-8003, an owner of private property that is the subject of a final decision may submit a written request with the Meridian City Clerk for a regulatory takings analysis. G. Attached: Staff Report for the hearing date of July 26,2022. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025) -3- By action of the City Council at its regular meeting held on the 9th day of August 2022. COUNCIL PRESIDENT BRAD HOAGLUN VOTED COUNCIL VICE PRESIDENT JOE BORTON VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT E. SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 8-9-2022 By Brad Hoaglun, Council President Attest: Chris Johnson 8-9-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 8-9-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(PICKLEBALL COURT SUBDIVISION-FILE#H-2022-0025) -4- EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 7/26/2022 Legend g � � I DATE: 011 Project Location TO: Mayor&City Council _- •, ; t FROM: Joe Dodson,Associate Planner 208-884-5533 SUBJECT: H-2022-0025 - - Pickleball Court Subdivision ® ® LOCATION: Located at 4050 W. McMillan Road, at � ®n the northeast corner of N. Joy Street and ® ® � W. McMillan Road,in the SE 1/4 of the "" """-"- -; SW 1/4 of Section 27,Township 4N, �E Range 1 W. 1 ♦� I. PROJECT DESCRIPTION Request for Annexation of 4.96 acres of land to be zoned from RUT in the County to the R-4 zoning district and a Preliminary Plat consisting of 14 single-family residential building lots and 4 common lots on 4.58 acres of land in the requested R-4 district,by The Land Group. IL SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ—4.96 acres; PP—4.58 acres Future Land Use Designation Medium Density Residential MDR, 3-8 du/ac Existing Land Use(s) County Residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 18 total lots— 14 residential building lots and 4 bldg./common)) common lots Phasing Plan #ofphases) 1 phase Number of Residential Units 14 single-family units Density Gross—3.06 du/ac.;Net—5.05 du/ac. Open Space (acres,total None required—Approximately 29,600 square feet of /buffer/ ualified) total open s ace proposed Neighborhood meeting date February 1, 2022 History(previous approvals) No application history with the City Pagel B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD No Commission Action es/no Access Access is proposed via a new local street connection to N. Joy Street, an (Arterial/Collectors/State existing local street that connects to W. McMillan Road, an arterial street. Hwy/Local)(Existing and Access to all proposed homes is shown from new local street that ends in a Proposed) cul-de-sac near the north boundary. Stub No opportunity for a future stub due to existing development and no existing Street/Interconnectivity/Cross stub to property from existing development. Access Existing Road Network No, except Joy Street and W. McMillan Road. Proposed Road The Applicant is required to dedicate additional right-of-way for W. Improvements McMillan Road and widen the paved surface area adjacent to the site. Applicant is also required to reconstruct Joy Street as %of a 33-foot wide local street section abutting the site. Applicant is proposing a new local street to dead-end in a cul-de-sac. Fire Service • Distance to Fire 2.1 miles from Fire Station#2;project area will eventually be serviced by Station Fire Station 8, scheduled to be opened in late Summer 2023. • Fire Response Time The project lies inside of the Meridian Fire response time goal of 5 minutes. Once Station 8 is constructed,response times will be reduced in this area. • Resource Reliability Fire Station#2 reliability is 85%(above the goal of 80%) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Water&Wastewater • Impacts/Concerns • See Public Works Site Specific Conditions Page 2 I I e- Gnln■nn IIIn�: r1IlIm11 UH minim IIII • • - • • • ��Illmll Illmlt� � • - • s • 1 mlmmmmm111: ■J7mmmN1 i 1n KIM !!N■IIII NMEN I ate, +�� r .•` IIII - • - D - i Z■IIm E� 1iri1 I • i EmlII111 . NCI °1�' !!!III • - • � � r�Q,tlllllll■ mmlmmlmlll I I ON Jii111un- �I�iI11111 a Al '�; •- owninn=,,,� IIIIII • - o J •, � - IFF m mnnuAin __�I�qJ"� + m _ ''�''.:: a•• J Lei MG L-A;N -__ __ MCi _LAN� --1' �■ I IYr■� 11111111 11111111 � . � �� °t�,. � �1111111 ��-�_IIIII11- ■ � I. 111111- �-v �I_-<■IIm IIIII 111� IIIII �■ r� - -..- !ue -- I�t .Emi l i 6lmlmm luul►' ��:E GIIIn lulu - - • - • 11' ■■■III toN �_ - • - • ME.p ■■■■1 loon =■ �1111 w IMINIM 111 Imlmllll Illm 11N►1� r1111111 IIIIIIII IIII • Is - • • • ■ Ilm�m Imlm1 • - • • • 1111�I Iml■I I!m IIIII �,�■IIII � mm,R■IIII i II 11■m 'moll. . III m■ _ !IIII I iil ♦ ' • -• '+ \ ♦ _ � IIIIII Itt � u�an��a:ca� Itt �i - IIAA mml■IIm111111 1 "�QLi;7iiillliiilll nog MEN on --- NIm�.IIIII CV-1==1I==1� �■q11�.minim /% IIII _ ..�. 1lN �Y111e=2'J!-•: *.I. � mill. IIII �, � 1■!r •ate 111111 IN,, /i■IIIII J •i IIIIIIIII'• i■IIIII ��77 • IIIII J nnmmn u milli ' ��+unnw olio!!►• a IYr■�� Munn uunn ■ �i' - uunn wn� � ,� uunn mini :1- =unnull I■tfp.�s 'unnull ll�p�- a IIIIIIIIII � Ign1111 {-�� U wN •_��nl 'I • Iwo _=_=■b � :loom ::-_nnm�- s unm :=-_mural- ■ � p Horn .-�wm� o -own -u11u1��■ IIIIIIJ =ate - =j ��ii�i�,��C7•i ,■■I� ■■- JIN • +rryN1 �. 11 IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 5/31/2022 Radius notification mailed to properties within 500 feet 5/26/2022 Site Posting 6/4/2022 Nextdoor posting 5/25/2022 V. STAFF ANALYSIS A. Future Land Use Map Designation(hgps://www.meridiancity.org/compplan) Medium Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject 4.5 acres currently contains a barn or other agricultural building or two; the previous home appears to have been removed according to the latest aerial imagery. The subject site is abutted by two public roads;McMillan Road to the south and Joy Street to the west. Abutting to the north and east property lines are two existing R-4 developments, Vicenza Subdivision to the east and Summerwood Subdivision No. 2 to the north. The subject property is designated as Medium Density Residential on the future land use map consistent with existing development to the east and north. Due to the existing local street along the west boundary, the Applicant is proposing to take access from this street and close any existing access to McMillan, which is consistent with City code. The Applicant is proposing 14 building lots on 4.5 acres of land which constitutes a gross density of 3.06 units per acre, nearly the minimum density allowed within the MDR designation. The minimum building lot size proposed is 8,000 square feet which is the minimum lot size for the requested R-4 zoning district. The adjacent developments are of similar density and has building lots similar in size and also some that are larger than what are proposed with this project. There are no more than 2 building lots proposed adjacent to any single existing lot along the north and east boundaries and the Applicant has placed an open space lot along the north boundary and at the southeast corner of the site. Because the proposed development is consistent with the existing development to the east and north and no access to an arterial street is proposed,Staff believes annexing this land into the City is in the best interest of the City and is a logical expansion of City zoning and development so long as the Applicant adheres to Staffs recommended DA provisions and conditions of approval. Staff finds the proposed project to be generally consistent with the Comprehensive Plan, as discussed above. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation and rezone pursuant to Idaho Code section 67-651 IA.In order to ensure the site develops as proposed with this application, Staff recommends a DA that encompasses the land proposed to be annexed and zoned with the provisions included in Section VIITA1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Page 4 Council granting the rezone and annexation approval.A final plat will not be accepted until the DA is executed and the AZ ordinance is approved by City Council. B. Comprehensive Plan Policies(https://www.meridiancity.orglcompplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. Staff is not analyzing the project against any mixed-use policies but is instead analyzing the project against general policies as the project is being reviewed with the MDR designation. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density similar to the existing subdivisions to the east and north. Further, this property is part of a larger MDR area that is also redeveloping west of the site at the northeast corner of Black Cat and McMillan with smaller lot sizes than those proposed in Pickleball Court. Staff finds the density and lot sizes proposed on the subject 4.5 acres to be an appropriate transition from the existing subdivisions to the remaining county parcels to the west and those smaller developing projects further to the west. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stub street on its east boundary.Applicant is required to dedicate additional right-of-way for future McMillan Road improvements (upgraded from two to three lanes in the future). The future Fire Station 8 will improve the response times in this entire area of the City and Fire has approved the accesses for the proposed plat. West Ada School District has not sent a letter regarding this application but with a relative low number of homes a large number of school aged children is not anticipated to be generated by this development. In addition, Pleasant View Elementary School is within walking distance of the subject site so any children in that age group would be able to get to school safely. Stafffinds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.0ID).Proposed project will construct attached sidewalks within the development as well as along the east side of the Joy Street for added pedestrian access to the north through the existing pedestrian facilities in Summerwood Subdivision and out to Gondola Street, a collector street with access to multiple subdivisions in this section of the City. Staff finds the proposed pedestrian facilities show compliance with this policy. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction." (2.02.02F).As discussed, the Applicant is proposing lot sizes averaging over 8,000 square feet, significantly similar to those within the adjacent subdivisions to the east and north. Further, the Applicant is proposing a density at the bottom of the anticipated density in this area of the City. Staff finds these aspects of the project makes for a project consistent with the existing development to the east but also most consistent with the remaining county residential parcels on the west side of Joy Street that have not yet redeveloped. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is proposing to construct a new local cul-de-sac street within the development for access to the proposed building lots. The new local street is proposed to connect to N. Joy Street, a county local street adjacent to the subject site. The Applicant is required to and is proposing to improve the existing right-of-way for Joy Street to include additional pavement, curb, gutter, and 5-foot wide attached sidewalks adjacent to the site. Further, the Applicant is required to construct 5-foot wide detached sidewalk along McMillan Road consistent with existing improvements to the east, Page 5 further extending the arterial street pedestrian facilities and safe pedestrian access to the commercial uses at the Ten Mile and McMillan intersection. In addition, the proposed road and pedestrian facility improvements will add to the safety of the underdeveloped county parcels that utilize Joy Street and Daphne Street, the local street that branches off and heads west of Joy at the northwest corner of the site. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: According to GIS imagery,there appears to be a couple outbuildings on the subject site. Any and all structures and debris are proposed to be removed upon development of this project. Furthermore,the existing access for this site is via a driveway connection to W. McMillan Road that will also be closed upon development.No other site improvements appear to be present. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 8,620 square feet and a minimum lot size of 8,000 square feet,based on the submitted plat(Exhibit VII.B). This use is a permitted use in the requested R-4 zoning district per UDC Table 11-2A-2 and all lots are shown to meet the minimum lot size requirement of 8,000 square feet and minimum street frontage requirement of 60 feet. The Applicant has noted the development is expected to develop as one phase due to the size of the proposed project. E. Dimensional Standards(UDC 11-2): The residential lots are shown to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards(UDC 11-6C-3). Some of the lot dimensions shown on the submitted preliminary plat do not compute to the minimum lot size of 8,000 square feet. Prior to the City Council hearing, the Applicant should ensure all lots meet the minimum lot size requirement for the requested R-4 zoning district. Staff's calculations of the lot dimensions depicted show many of the lots are slightly under the minimum lot size—there are multiple areas in the subject site design where the needed extra area can be obtained by adjusting lot lines so Staff is not concerned with the Applicant being able to comply with this dimensional standard. Per UDC 11-6C-3B.4, no dead-end street shall be longer than 500 feet. The subject project is proposed with a cul-de-sac as the only access to the proposed single family lots and is shown to be approximately 450 feet in length and compliant with this code section. In addition, the Applicant is proposing one(1) common drive in the southeast corner of the project for access to Lot 4. Lot 7 also abuts this common drive but is not shown to take access from it as required by UDC 11-6C-3D.5. With the final plat submittal, the Applicant should provide an exhibit that demonstrates Lot 7 taking access from the common driveway in accord with UDC standards. F. Building Elevations(UDC 11-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any architectural standards. The submitted elevations depict a number of different architectural and design styles with field materials of lap siding and fiber cement board and differing accent materials, roof profiles, and overall varying home styles. Page 6 G. Access(UDC 11-3A-3, 11-3M--4): Access is proposed via a new local street(shown as W. Riva Capri)connection to N. Joy Street approximately 200 feet north of the Joy and W.McMillan intersection. There are no existing stub streets adjacent to the site and Joy Street runs along the entire west boundary which is why the Applicant is proposing an access point to this local street and proposing Riva Capri to end as a cul-de-sac within the site, as shown on the submitted preliminary plat. Further, according to the proposed plat,Riva Capri is proposed as 33-foot wide local street with 5-foot attached sidewalks and Joy Street is shown to be improved with curb, gutter, and 5-foot wide attached sidewalk. The proposed street design complies with all UDC standards and ACHD conditions of approval. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table II- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,there is opportunity for on-street parking where there are no driveways because Riva Capri is proposed as a 33-foot wide street section. 1. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along the new proposed local street.W. Riva Capri and along the east side of N. Joy Street,consistent with UDC and ACHD requirements. The proposed sidewalk dimensions also meet UDC 11-3A-17 and ACHD standards. The Applicant is also proposing 5-foot wide detached along W. McMillan road consistent with existing sidewalk to the east and UDC standards. Staff supports the proposed sidewalk facilities. According to the submitted plat and landscape plan, the proposed 5-foot detached sidewalk along McMillan directly abuts the ultimate right-of-way line. UDC 11-3B-7C.la requires that all detached sidewalks shall have an average minimum separation ofgreater than four(4)feet to back of curb to allow for vegetative separation between the travel lanes and pedestrian facilities and to ensure these facilities are in fact detached from the vehicular right-of-way. In these instances, "back of curb"is in reference to the ultimate right-of-way line. Therefore, the Applicant should submit revised plans depicting the detached sidewalk to be at least 4 feet behind the future right-of-way line. J. Landscaping(UDC 11-3B): A 25-foot wide street buffer is required along W. McMillan Road,an arterial street,landscaped per the standards in UDC Table 11-3B-7C. In addition, a minimum 10-foot street buffer is required along the east side of Joy Street to ensure the abutting lots are not double fronting lots and should be landscaped per UDC 11-3B-7. All landscape areas should be landscaped per UDC 11-3B-5, general landscaping standards. Lastly, according to the submitted landscape plan,the Applicant is proposing a gravity irrigation holding pond which should comply with UDC 11-313- 11 standards. The Applicant is showing a common lot along W. McMillan Road that is at least 25 feet in width and is depicted with 9 trees and one landscape bed at the corner of Joy and McMillan; this proposed landscaping does not fully comply with UDC requirements. The number of trees shown complies with UDC requirements but UDC 11-3B-7 also requires vegetative ground cover beyond that ofgrasses. Specifically, no more than 65%of the landscaped area is permitted to be grass and other area shall be comprised of additional planting beds for shrubs and other vegetative ground cover. The Applicant should revise the landscape plan to depict additional vegetative ground cover to meet this standard. Page 7 The Applicant is showing approximately a 1 S foot wide landscape buffer along the west boundary abutting the east side off. Joy Street, measured from the back of sidewalk. This buffer is required to ensure the lots internal to the project do not have frontage to two public roads. City code requires these buffers to be a minimum of 10 feet in width so the Applicant's proposal to construct a 1 S foot buffer exceeds code requirements.Essentially, the 1 S foot buffer is a local street buffer that is still governed by code but is not typically required; the proposed site design has created this situation so landscaping standards apply. For example, a total of 14 trees are required within this buffer and the Applicant is showing 16 trees. However, UDC 11-3B-7C.3 requires that at least 25%of street buffer trees are Class H trees and it is not clear from the landscape table that the trees noted along Joy are Class I or Class H. The Applicant should clarify this and correct this if additional Class II trees are needed within this buffer. NOTE: The subject project is less than 5 acres in size,therefore the UDC does not require compliance with the qualified open space standards in UDC 11-3G.However,the applicant is proposing some open space which Staff has analyzed below. There are two main areas of open space that would qualify under the UDC: 1)the required street buffer along McMillan,and 2) an open space lot along the north boundary of the project(Lot 12).In addition,the Applicant is showing an additional grassy area in the southeast corner of the site but this area is noted to be a future gravity irrigation holding pond.The submitted plans do not depict how this will be designed so Staff presumes it would not be qualified open space. The Applicant should add an exhibit and more detail to the landscape plan that shows how this "pond"will be constructed and what it will look like. Within the Lot 12 open space lot along the north boundary,the preliminary plat has a notation that a pickleball court will be present. The Applicant should revise the landscape plans to depict this proposed amenity and its location. Staff is recommending a DA provisions requiring the applicant to comply with the open space and amenity as proposed. K. Fencing(UDC 11-3A-6, 11-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. The Applicant is proposing to protect and use the existing 6-foot solid fencing along the north and east boundaries and is proposing 6-foot vinyl fencing along the rear lot lines adjacent to N. Joy Street and W. McMillan Road. The Applicant is depicting 6-foot open vision fencing along the east property line of Lot 4 and a portion of the south property lien of Lot 7 where these properties abut an open space lot utilized for gravity irrigation holding pond, according to the landscape plans. The proposed fencing meets or exceeds all UDC requirements. L. Utilities (UDC 11-3A-21): The Applicant is proposing and is required to extend necessary public utilities for the proposed detached single-family dwellings within the Pickleball Court Subdivision. Public Works has reviewed the subject applications for compliance with their standards and finds them to be in general compliance except for specific conditions outlined in Section VIII.B of this report. Specifically, Public Works is seeking a 20 foot easement within Lot 12 and a 20 foot easement along the north side of Lot 13 for a potential future water loop back to Joy Street. This condition has been added to the conditions of approval in Section VIII.B. Page 8 VI. DECISION A. Staff: Staff recommends approval of the requested annexation and preliminary plat applications with the requirement of a Development Agreement per the conditions of approval in Section VIII of this report per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on June 16,2022.At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning and Preliminary Plat requests. 1. Summary of Commission public hearing: a. In favor: Matthew Gardner,Gardner Homes—Applicant. b. In opposition:None c. Commenting: Theodore Lye,Neighbor; d. Written testimony: None e. Staff presenting application: Joseph Dodson,Associate Planner f. Other Staff commenting on application:None 2. Key issue(s) testimony a. Plan to mitigate dust during construction if project is approved and moves forward; 3. Key issue(s)of discussion by Commission. a. Difference in height of proposed homes to those existing to the east, is there intention to match them—Applicant plans to attempt this where possible, b. Are lights planned around proposed sports court at north end of site; C. Discussion of project location in relation to recent denied project on south side of McMillan—noted differences between projects in size, density, and no direct access to McMillan Road. 4. Commission change(s)to Staff recommendation: a. Modify relevant provisions per Staff presentation at the hearing on June 16, 2022. 5. Outstandingissue(s)ssue(s) for City Council: a. None C. The Meridian City Council heard these items on July 26,2022.At the public hearing.the Council moved to approve the subject Annexation and Zoning and Preliminary Plat requests. I. Summary of the City Council public hearing: a. In favor: Tamara Thompson,Applicant Representative. b. In opposition: None C. Commenting: Tamara Thompson: Paul Elam.neighbor• d. Written testimony:None e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application: None 2. Key issue(s)of public testimony: a. Desire to delay project to study the traffic impact of proposed development due to constrained corridor of McMillan. 3. Key issue(s)of discussion by City Council: a. Design of future irrigation pond and purpose of pond—will it be aerated and designed appropriately per code: Level of Service rating of McMillan at time of ACHD report—Better than"E": Is there a right-turn lane required westbound on McMillan onto Joy. 4. City Council change(s)to Commission recommendation: a. None Page 9 VII. EXHIBITS A. Annexation and Zoning Legal Description and Exhibit Map LEGAL DESCRIPTION THE ri r Page 1 OF 1 LAND GROUP April 19,2022 Project No.:121130 EXHIBIT"A" PICKLEBALL COURT SUBDIVISION ANNEXATION/REZONE DESCRIPTION A parcel of land located in the Southeast Quarter of the Southwest Quarter of Section 27,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,being more particularly described as follows: Commencing at the South One Quarter Corner of Section 27 of said Township 4 North,Range 1 West, (from which point the southwest corner of said Section 27 bears North 89°35'49"West,a distance of 2654.00 feet distant),said South One Quarter Corner of Section 27 being the POINT OF BEGINNING; Thence from said South One Quarter Corner,North 89'35'49"West,a distance of 334.34 feet on the South line of said Section 27 to a point common with the Centerline intersection of North Joy Street; Thence North 00'25'00"East,a distance of 646.62 feet on the Centerline of said North Joy Street; Thence South 89'15'37"East,a distance of 334.75 feet to a point on the north-south mid- section line of said Section 27; Thence South 00'27'09"West,a distance of 644.68 feet on said mid-section line to the POINT OF BEGINNING. The above described contains 4.96 acres more or less. PREPARED BY: The Land Group,Inc. N1,LAjV �0 1 TR G W a 7880 4-19-2022 James R.Washburn 'rq�T9TE OF s.R WA 462 East Shore Drive,Suite 100,Eagle,Idaho 83616 208.939.4041 thelandgroupinn.com Page 10 SUMMER WOOD SUBDIV1510N � W BLOCK 2 .7880 � � S89°15'37"E 334.75' 4-19-2022 tpTaT£OF 0P�� I R.wLO I ��o P� I I I I I I . I d z `� — L — i { ANNEX/REZONE m I AREA:±4.96 AC o I w U (215,990.42 SQ.Fr.) N w a G] w H m o f z Q N W U O O U Y Z � Q � I I cc I I I SW.CORNER POINT OF BEGINNING SECTION 27 SOUTH QUARTER T.4N.,RAW.,B.M. SECTION 27 --- - T.4N.,RAW.,B.M. I F _ N89°35'49"W 334.34' _ N89°35'49"W 2654.00 W. McMILLAN ROAD Exhibit "B" a 100 zoo g Horizontal Scale 1"=100' Project No:121130 Date of Issuance:04/19/2022 s i��•THE Annex / Rezone r r� 5�v �LAND o m GROUP r Page 11 B. Preliminary Plat(dated: 3/18/2022) A! oao ......... s8wOH Jauapics s CL NOISIAlcons ann nvomm aF z n an �,P A A, P ---------------- O rE LL ------------ ------------ ------------ F-I gz Page 12 i W3nNCo,l°TMRV�R� ' 6 ---- � PB22�%5&3°0 5022D%U269 " �� i SUMIAEP U'OOx Ax9UIVl01°N I DAPHNE SFII 1011' .. 7927' NB9"153]'W-.e6• px.2B• ]4 .� --------- V --OPEN SPACE 1p INLLULE r---- --, �90_ PILSLEdRLfiOELL ., / 5 a1sm 1143BSF LL °LL / L11 a � ram_ - I -too-_ ' w f I I 1_i� ri- f I If I�oa51zo32u easnns PavSO PCAL FLIe C 2tl 15. m I e°S°s F. I TYP 7y1� —IING BJN WATEP I - IL g I Ls I I ra°ssi±osao c5 a 12r_ e000sf. ml Cr I le a m IL J RNr e _ Si — --____-- I e000sf_ !a3v r_____1zr- Rsxstzma° N I I g N.RIYd L'APRf 9TR68T R-12L3m I I I I I - I I ' �I n I m >z I I m1e 5.f. I � axm M1F. I LE ��I . a 65meP_ = III f. _ �tmnsc -I 1171 EI A` I � I _ I I I I I ., I I - - UPEx sPNLETN UJLwoE 6 I L____ J L� � L— IPaxanox Poxo W a 51' RIGMLFyyIgT � � � �39 P°Q512W0° WW I MV W 31G• `LL sf%STI.—I mi IPPIGAnUN BTRLGTUPf a Wes _ -OHP OHP ��—gryP V ONP OHP OXP OHP C _ ..HF (�I`fi1]' � — a Ax CG—EP EG EU EP CG —C � _ mEL -EG L �x09'IT5915'2A56 = 5P— P- —op S K M14n AflllAN ROR(J iAP1EPIAL) i _—EP 23411P ___ fP =EP- EP— —F 3D3.83' _rr¢ —fP_— _±.EP EV9 COft eEC Z/ SWGURSSLZJJ (SCSIS NSI �M �V LPSFi °i CP6F#2515U]9245 RM' R'1V WW RVx RAV WW 21T-116131 I � Fxw Preliminary Plat-overview ° II a�-�.� t HoimAal9�le. ,•=9O Page 13 C. Landscape Plans(date: 3/18/2022) S8wOH as OMB NOISIAIOgns imm 11VU31)13ld L F, z Y C) X I L I El Os, T q H 0 No -00 ------- 7f7 II OVA iL --------- CL CL I L Page 14 \ ----- —— - ---- --w r ------- =12i85 B.F. I I � I � Y I _ 0 --J III I' I — — j se II � ' z l fie°s sr. I Or- I` I is.r. I �r-- —J I I I eons I I I I I � - i I11 I I ---- ----- I , .I B I _ I -t ' lJJ I 80W8F 1 � r + u I Z _ _ B435 S.F' 3 r ,-... I "� amo s.F. 8,118 O 17815.F� - - I I I a 4 III I I 3 L1 'BOIA SF. 80135.F, I I I I - � i I I _ 03i AG e 6 ' I I I I - I - Gn II I I it J L _DHP 1 -� �L-EG��fG�r W.MCMILLAN ROAD EP Preliminary Plat-Landscape Plan ° \ j' Horirv-al Gcala 1"=30' Page 15 D. Conceptual Building Elevations iimw Page 16 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA)is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian and the property owner(s)/developer at the time of annexation ordinance adoption, and the developer.A final plat will not be accepted until the DA is executed and the Annexation and Zoning ordinance is approved by City Council. Currently, a fee of$303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six(6)months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be substantially consistent with the approved plat, landscape plan(including proposed open space and piekleball sports court amenity), and conceptual building elevations included in Section VII and the provisions contained herein. b. The rear and/or sides of homes visible from W. McMillan Road(Lots 1-4) shall incorporate articulation 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. Preliminary Plat Conditions: 2. The preliminary plat included in Section VII.B, dated March 18, 2022, shall be revised as follows prior to submitting for Final Plat approval: a. Ensure all lots meet the minimum lot size requirement for the requested R-4 zoning district of 8,000 square feet. b. Any existing accesses to W. McMillan Road shall be closed upon development of the site. c. Correct the plat to show Lot 7 to take access from the common drive,Lot 6 OR revise the plat to show Lot 4 with the minimum required street frontage of 30 feet when along a curve and remove the common drive alto eg ther. d. Depict the required 5-foot wide detached sidewalk within the landscape buffer along W. McMillan Road and place it at least four(4) feet north of the ultimate right-of-way line to allow for landscaping on both sides of the sidewalk and ensure it is detached from the roadway and allow the 25-foot buffer to be measured from the ultimate right-of-way instead of the back of the sidewalk,per UDC 11-313-7C.1 a OR place said sidewalk within ACHD right-of-way per the ACHD condition of approval. 3. The landscape plan included in Section VII.C,dated March 18,2022, shall be revised as follows prior to submitting for Final Plat approval: a. Depict the detached sidewalk along W. McMillan Road in accord with UDC 11-313- 7C.1 a, as noted above. b. Depict the location of the noted piekle 4afl-Worts court amenity within Lot 12 and provide a detail of the amenity. Page 17 c. Depict the correct amount of vegetative ground cover per UDC 11-3B-7 in the landscape buffers along N. Joy Street and W.McMillan Road. d. Clarify in the landscape calculations table the class type of the trees proposed and ensure the Joy Street buffer complies with UDC 11-3B-7C.3 that requires at least 25%of the required trees to be Class II. e. Include any and all tree mitigation information per UDC 11-3B-10 standards. f. Add an exhibit and detail to the landscape plan that shows how the gravity irrigation holding pond(a portion of Lot 5)will be constructed and what it will look like, consistent with UDC 11-3G-3B.6 standards. 4. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-5 for the R-4 zoning district. 5. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 6. The Applicant shall comply with all ACHD conditions of approval. 7. Lots 13-17 shall take access from the proposed internal local street(W. Riva Capri Street) and not to N. Joy Street, consistent with UDC 11-6C-3A.1. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 1I- 3A-15,UDC 11-3B-6 and MCC 9-1-28. 9. An exhibit shall be submitted with the final plat application for the lots accessed by the common driveway(Lot 6)that depicts the setbacks, fencing,building envelope and orientation of the lots and structures in accord with UDC 11-6C-3D. Driveways for abutting properties that are not taking access from the common driveway(s) shall 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. 10. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 11. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-6B-7. B. PUBLIC WORKS Site Specific Conditions of Approval 1. Water line in Joy Street in front of development is not existing and needs to be extended to W. McMillan Road. 2. Provide 20'easement in lot 12 and 20'easement along the north side of Lot 13 for potential future water loop back to Joy Street. 3. Ensure no sewer services pass through infiltration trenches. 4. The geotechnical investigative report prepared by Atlas Technical Consultants,LLC indicates some very specific construction considerations. The applicant shall be responsible for the adherence of these recommendations. Page 18 General Conditions of Approval 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. 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. 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. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). 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. 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. 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. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so,how they will continue to be used, or provide record of their abandonment. 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. 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. Page 19 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. 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. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. 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. 17. 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. 18. 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. 19. 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. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridianciiy.or ublic_works.aspx?id=272. 21. 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. 22. 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. Page 20 C. FIRE DEPARTMENT https:llweblink.meridianciU.org/WebLink/DocView.aspx?id=261475&dbid=0&r0o=MeridianC i &cr=1 D. ADA COUNTY DEVELOPMENT SERVICES https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=261699&dbid=0&r0o=MeridianC ity E. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancily.org/WebLink/Doc View.aspx?id=262292&dbid=0&repo=MeridianC ity F. NAMPA/MERIDIAN IRRIGATION DISTRICT(NMID) https:llweblink.meridiancily.org/WebLink/DocView.aspx?id=263094&dbid=0&r0o=MeridianC ity G. ADA COUNTY HIGHWAY DISTRICT(ACHD) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=261626&dbid=0&repo=MeridianC iv IX. FINDINGS A. Annexation and Zoning(UDC 11-513-3E) 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; City Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-4 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; City Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-4 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; City Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 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 City Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. Page 21 5. The annexation(as applicable)is in the best interest of city. City Council finds the annexation is in the best interest of the City. B. 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: 1. The plat is in conformance with the Comprehensive Plan; City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; City Council finds that public services will be provided to the subject property with development. (See Section VIII 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, City 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; City Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VIII for more information) 5. The development will not be detrimental to the public health, safety or general welfare; and, City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. 6. The development preserves significant natural,scenic or historic features. City Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 22