PZ Recs/Staff ReportSTAFF REPORT
HEARING DATE: July 19, 2011
TO: Mayor & City Council
FROM: Sonya Wafters, Associate City Planner
208-884-5533
SUBJECT: PP-11-001 -Avendale
~E IDIAN±--
I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Silver Oaks Apartments, LLC, has applied for a preliminary plat (PP) consisting of six
(6) multi-family building lots and six (6) common/other lots on 24.61 acres of land. See Section 10,
Analysis, for more information.
II. SUMMARY RECOMMENDATION
Staff is recommending approval of the application with the conditions listed in Exhibit B, based on
the Findings of Fact and Conclusions of Law in Exhibit C of the Staff Report.
The Meridian Planning & Zoning Commission heard this item on June 16, 2011. At the public
hearin the Commission moved to recommend a royal of the sub'ect PP re uest.
a. Summary of Commission Public Hearing:
i. In favor: Becky McKay
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Becky McKay, Applicant's Representative (response in agreement
w/the staff report)
v. Staff presenting application: Sonya Waters
vi. Other staff commenting on application: None
b. Kev Issue(s) of Discussion by Commission:
i. None
c. Kev Commission Change(s) to Staff Recommendation:
i. None
d. Outstanding Issue(s) for City Council:
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number PP-11-001
as stated in the staff report for the hearing date of July 19, 2011, with the following modifications:
(Add any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number PP-11-001, as
presented during the hearing date on July 19, 2011, with the following modifications: (Add any
proposed modifications.)
Continuance
I move to continue File Number PP-11-001 to the hearing date of (insert continued hearing date here)
for the following reason(s): (You should state specific reason(s) for continuance.)
Avendale PP-11-001 Page 1
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located north of W. Franklin Road, approximately'/4 mile west of N. Ten Mile Road,
in the southeast'/4 of Section 10, Township 3 North, Range 1 West.
B. Owner(s):
Ten Mile Development, LLC
1409 N. Main Street
Meridian, ID 83642
C. Applicant:
Silver Oaks Apartments, LLC
1409 N. Main Street
Meridian, ID 83642
D. Representative:
Becky McKay, Engineering Solutions, LLP
1029 N. Rosario Street
Meridian, ID 83642
E. Applicant's Statement/Justification: Please see applicant's narrative for this information.
V. PROCESS FACTS
A. The subject application is for a preliminary plat. A public hearing is required before the Planning
& Zoning Commission and City Council on this matter, consistent with Meridian City Code Title
11, Chapter 5.
B. Newspaper notifications published on: May 30, 2011, and June 13, 2011 (Commission); June 27,
and July 11, 2011 (Gifu Council)
C. Radius notices mailed to properties within 300 feet on: May 20, 2011 (Commission); June 23,
2011 (Gifu Council)
D. Applicant posted notice on site by: June 6, 2011 (Commission); July 9, 2011 (Gifu Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is currently vacant; the property is zoned R-15.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site lies within a
developing area of the City and with the opening of the Ten Mile interchange, additional
development is anticipated in this area in the future.
North: UPRR, zoned R-15 and vacant land, zoned R-8
South: Vacant land, zoned L-O
East: Church and vacant land, zoned C-N & C-G respectively
West: Rural residential/agricultural property, zoned RUT in Ada County
C. History of Previous Actions:
- In 2005, the subject 28.6 acre property was granted Annexation and Zoning (AZ-OS-016)
Avendale PP-11-001 Page 2
approval by City Council with R-15 & L-O zoning districts. A Development Agreement was
approved with the annexation (Instrument No. 106002636). Concurrently, a preliminary plat
(PP-OS-023) consisting of 1 large multi-family residential building lot and 1 commercial
office building lot was approved.
- On March 21, 2006, a final plat (FP-06-011) was approved by City Council consisting of 1
multi-family residential building lot, 1 commercial/office building lot, and 1 common lot on
28.65 acres. This plat has been recorded.
- On February 15, 2011, Council approved a conditional use permit (CUP-10-014) fora multi-
family development consisting of 369 dwelling units on 24.61 acres of land in an R-15
zoning district. An amendment to the development agreement (MDA-10-011) was also
approved based on the new development plan (Inst. # 111028916).
D. Utilities: Public Works:
a. Location of sewer: Extensions of mains have been installed from W. Franklin Road by
the developer. These on site mains have not been inspected or approved by Meridian
Public Works. The Developer will need to re-test all existing sewer mains at the
developer's expense.
b. Location of water: Extensions of mains have been installed from W. Franklin Road by
the developer. These onsite mains have not been inspected or approved by Meridian
Public Works. The Developer will need to re-test all existing water mains at the
developer's expense.
c. Issues or concerns: Any existing service or easement not utilized within this development
shall be removed or abandoned.
E. Physical Features:
1. Canals/Ditches Irrigation: The Kennedy Lateral runs along the west boundary of this site. In
accord with UDC 11-3A-6A, the City Council waived the requirement for the applicant to the
the Kennedy Lateral with the final plat for Umbria Subdivision (FP-06-011).
2. Hazards: Staff is not aware of any hazards that exist on this site.
3. Flood Plain: This property does not lie within a flood plain or floodway.
VII. COMPREHENSIVE PLAN
The subject property is located in the area subject to the Ten Mile Interchange Specific Area Plan
(TMISAP). The Future Land Use Map (FLUM) contained in the TMISAP designates the property as
Medium High Density Residential (MHDR).
Per the TMISAP (page 3-6), MH-DR areas are locations recommended primarily for relatively dense
multi-family housing types, such as row houses, townhouses, condominiums, and apartment buildings
and complexes. MHDR areas should include a mix of housing types with densities ranging from 8-15
units per acre.
The applicant proposes to develop the site primarily with apartments and some duplexes. Five
different residential building types are proposed for a variety of housing possibilities consisting of (5)
two-story structures with 12 units; (5) three-story structures with 18 units; (4) two-story structures
with 16 units; (6) three-story structures with 24 units; (5) two-story duplex structures with garages. A
clubhouse is proposed with a manager's unit on the second floor. A fitness center is also proposed.
A gross density of 14.99 dwelling units per acre is proposed consistent with the MHDR land use
designation for this property.
Avendale PP-11-001 Page 3
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to
the proposed development (staff analysis in italics below policy):
• Phase in residential developments in accordance with their connection to the municipal
sewer and water system.
Water and sewer mains for the proposed development have already been extended by the
developer to the subject property from W. Franklin Road.
• Require new residential development to meet development standards regarding
landscaping, signage, fences and walls, etc.
The landscape plan submitted with this application for the proposed residential
development complies with the applicable UDC standards for landscaping and fencing.
Future signage on the site shall comply with the standards listed in UDC 11-3D-8.
Additionally, all future development shall be required to comply with the design
standards listed in UDC 11-3A-19 and the design guidelines contained in the City of
Meridian Design Manual.
• Require new residential development to provide permanent perimeter fencing, and
fencing to contain construction debris on site and prevent windblown debris from
entering adjacent agricultural and other properties.
Fencing is proposed on the landscape plan along the north and west property
boundaries. Temporary construction fencing will be required along the east and south
boundaries where permanent fencing is not proposed to prevent debris from blowing onto
adjacent properties.
• Protect existing residential properties from incompatible land use development on
adjacent parcels.
Staff is of the opinion the proposed multi family development will be compatible with
adjacent rural residential properties. Further, the proposed development should be
compatible with the existing church to the east and future multi family residential uses
planned to the west.
• 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.
Staff is of the opinion the proposed multi family development, consisting of
approximately IS dwelling units per acre, will contribute to the range of housing
opportunities available within the City.
After considering all of these factors staff believes that the proposed development is generally
consistent with comprehensive plan.
VIII. UNIFIED DEVELOPMENT CODE
A. Purpose Statement of Zone: The purpose of the residential districts is to provide for a range of
housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City
of Meridian water and sewer systems is a requirement for all residential districts. 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: Unified Development Code (UDC) Table 11-2A-2 lists the permitted,
Avendale PP-11-001 Page 4
accessory, conditional, and prohibited uses in the R-15 zoning district. The proposed multi-family
development is listed as a conditional use in the R-15 zoning district. The specific use standards
listed in UDC 11-4-3-27 for multi-family developments apply to development of this property. A
CUP (CUP-10-014) for a multi family development was recently approved for this project.
C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2A-7 for the R-15
zoning district apply to development of this site.
D. Landscaping Standards: Landscaping is required to be provided on the site in accord with UDC
11-3B-7C, Landscape Buffers along Streets.
E. Common Open Space & Site Amenity Requirements: Common open space and site amenities are
required to be provided on the site in accord with the requirements listed in UDC 11-3G-3; 11-4-
3-27C; 11-4-3-27D; and as approved with CUP-10-014.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
Preliminary Plat: The proposed preliminary plat consists of six (6) multi-family building lots
and six (6) common/other lots on 24.61 acres of land. The property is zoned R-15.
Dimensional Standards: Staff has reviewed the proposed plat for compliance with the
dimensional standards of the R-15 zoning district and found the plat to be in compliance with
those standards. Future buildings on the site shall be consistent with the setback requirements for
the R-15 district listed in UDC 11-2A-7.
Landscaping: A 20-foot wide landscape street buffer is required along the north side of W.
Perugia Street, a future collector street, in accord with the standards listed in UDC 11-3B-7C.
Landscaping is depicted on the landscape plan in accord with those standards. Note: The
landscape plan depicts N. Umbria Hills Avenue extending to the north past W. Perugia
Street; the plan should be revised to depict Umbria Hills terminating at W. Perugia
Street as shown on the proposed plat. The calculations table should also be revised
accordingly.
Fencing: Six-foot tall chain link fencing is depicted on the landscape plan along the west
boundary of the site adjacent to the Kennedy Lateral in accord with UDC 11-3A-6B.3. Chain link
fencing is also proposed along the north boundary of the site adjacent to the railroad right-of--way.
In areas where permanent fencing is not proposed (e.g. along the east and south property
boundaries), temporary construction fencing will be required to prevent debris from blowing onto
adjacent properties.
Cross-Access: A private ingress-egress easement exists along the east boundary of the subject
property between the subject property and the church property to the east.
Multi-use Pathways: There are no multi-use pathways shown on the Meridian Pathways Master
Plan for this site.
Private Streets: Private streets are required for access to the multi-family units proposed within
the development. As a condition of approval of CUP-10-014, the applicant is required to submit
an application for approval of the private streets prior to or concurrent with the CZC for the first
phase of the development.
Ten Mile Specific Area Plan (TMISAP): The TMISAP requires a collector street to be provided
on this property from Franklin Road to the property to the west. Because of previous approvals
and construction of infrastructure on this site, it is not feasible to require the collector street to
Avendale PP-11-001 Page 5
extend across the property to the north and west in the configuration shown on the plan.
Therefore, Perugia Street is planned to extend to the west as a collector in the location shown on
the proposed plat. ACHD is holding a road trust from the applicant for half the cost of
construction of a bridge over the Kennedy Lateral where Perugia Street stubs at the west
boundary of the site.
Traffic Impact Study (TIS): A TIS was submitted with the original application for Umbria
Subdivision/Silver Oaks Apartments in 2005. The ACRD staff report for this application states
they did not require a new study with this application due to the fact there are no significant
changes to the site, there has been limited development adjacent to the site, and the internal
streets are partially completed and pending completion/approval.
Off-Site Improvements: With this subdivision application, ACRD is requiring the applicant to
construct a center turn lane on Franklin Road at the intersection of Umbria Hills and Franklin. A
westbound right turn lane at the intersection of Umbria Hills and Franklin is also required. See
Exhibit B for more information on ACHD's requirements.
Future Road Improvements: Franklin Road is scheduled in the Five Year Work Plan (FYWP) &
Capital Improvements Plan (CIP) to be widened to 5-lanes from Black Cat Road to Ten Mile
Road between 2019 and 2027; currently the project is unfunded. The Black Cat/Franklin
intersection is scheduled in the FYWP &CIP to be widened to 4-lanes on the north leg, 3-lanes
on the south, and 5-lanes on the east and west legs, and reconstructed/signalized between 2014
and 2018.
Because the proposed plat is consistent with the dimensional standards of the R-1 S district, and
the landscaping and fencing generally complies with UDC standards, staff recommends approval
of the proposed preliminary plat with the conditions of approval included in Exhibit B.
X. EXHIBITS
A. Drawings
1. Vicinity/Zoning Map & Aerial Map
2. Proposed Preliminary Plat (dated: 5/5/11)
3. Proposed Landscape Plan (dated: 11/30/10)
B. Conditions of Approval
C. Findings of Fact and Conclusions of Law
Avendale PP-11-001 Page 6
EXHIBIT A -DRAWINGS
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EXHIBIT B -AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 The project is subject to all current City of Meridian ordinances and previous conditions of
approval associated with this site (AZ-OS-016; PP-OS-023; FP-06-011; CUP-10-014; MDA-10-
011; Development Agreement Instrument No. 106002636 & addendum 111028916.
1.1.2 The applicant shall construct all proposed fencing and/or any fencing required by the
UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11-3A-6B.
1.1.3 Per Council's approval (FP-06-011), the applicant shall not be required to the the
following irrigation facility: Kennedy Lateral. The applicant shall the all other irrigation
facilities as set forth in UDC 11-3A-6A.
1.1.4 Revise the landscape plan to depict N. Umbria Hills Avenue terminating at W. Perugia
Street per the proposed plat.
1.1.5 The applicant shall provide a minimum of 5.62 acres of qualified open space and
amenities as shown on site and landscape plans approved with CUP-10-014 in accord
with UDC 11-3G-3.
1.1.6 Unless adequate lighting is proposed on the site to illuminate the internal pathways, the
applicant shall revise the landscape plan to illuminate all pathways with afour-foot tall
bollard style or similar lighting source. Such lighting shall be shielded from adjoining
residences.
1.1.7 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the
site.
1.1.8 Prior to issuance of Certificate of Occupancy, the applicant shall obtain final approval of the
private streets required within the development in accord with UDC 11-3F-3B.
1.2 General Conditions of Approval
1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in
UDC Chapter 2 District regulations.
1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses,
as set forth in UDC 11-3A-6.
1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11.
1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC
11-3A-15, UDC 11-3B-6 and MCC 9-1-28.
1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17.
1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-
SJ.
1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC
11-3B-SI, 11-3B-8C, and Chapter 3 Article C.
Avendale PP-11-001 Page 3
1.2.8 Construct the required landscape buffers along streets consistent with the standards as set
forth in UDC 11-3B-7C.
1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC
11-3B-11C.
1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-
6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways,
easements, blocks, street buffers, and mailbox placement.
1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper
and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10.
1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-
3A-12.
1.2.13 Construct all required landscape areas used for storm water integration consistent with
the standards as set forth in UDC 11-3B-11C.
1.2.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and
the guidelines set forth in the City of Meridian Design Manual.
1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision
triangle.
1.3 Ongoing Conditions of Approval
1.3.1 All common open space and site amenities shall be maintained by an owner's association
as set forth in UDC 11-3 G-3 F 1.
1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to
a minimum height of six feet above the ground or sidewalk surface to afford greater
visibility of the area.
1.3.3 The applicant shall have an ongoing obligation to maintain all pathways.
2. PUBLIC WORKS DEPARTMENT
2.1 Sanitary sewer service to this development is being proposed via extension of mains in N
Franklin Road. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2.2 Water service to this site is being proposed via extension of mains in N Franklin Road. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
2.3 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, asingle-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
obtaining certificates of occupancy.
Avendale PP-11-001 Page 4
2.4 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.
2.5 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.
2.6 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.7 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.
2.8 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 is at least 1-foot above.
2.9 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.
2.10 100 Watt and 250 Watt, high-pressure sodium street lights shall be required per the City of
Meridian Department of Public Works Improvement Standards for Street Lighting. All street
lights shall be installed at developer's expense. Final design shall be submitted to the Public
Works Department for approved. The street light contractor shall obtain the approved design on
file and an electrical permit from the Public Works Department prior to commencing
installations. The contractor's work and materials shall conform to the ISPWC and the City of
Meridian Supplemental Specifications to the ISPWC.
3. POLICE DEPARTMENT
3.1 The police department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The applicant shall comply with the condition of approval for CUP-10-014.
5. SANITARY SERVICE COMPANY
5.1 SSC has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Parks Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 Site Specific Conditions of Approval
7.1.1 Construct a center turn on Franklin Road (at the intersection of Umbria Hills Avenue and
Franklin Road) that provides a minimum of 100-feet of storage with tapers for both the approach
and departure directions abutting the site. Coordinate the design of the center turn lane with
District Traffic Services and Development Review staff.
Avendale PP-11-001 Page 5
7.1.2 Construct a westbound right turn lane at the intersection of Umbria Hills Avenue and Franklin
Road. Coordinate the design of the right-turn lane with District Traffic Services and
Development Review staff.
7.1.3 Construct Perugia Street as one half of a 40-foot street section with curb, gutter and 5-foot wide
attached concrete sidewalk plus 12-feet of additional pavement widening beyond the centerline
established for the street to provide an adequate roadway surface, with the pavement crowned at
the ultimate centerline. A 3-foot wide gravel shoulder and a drainage swale sized to accommodate
the roadway storm runoff shall be constructed on the south side of the roadway or utilize the
existing storm drain system. Coordinate the drainage design with District Development Review
staff.
7.1.4 Construct Umbria Hills Avenue as one half of a 40-foot street section with curb, gutter and 5-foot
wide attached concrete sidewalk plus 12-feet of additional pavement widening beyond the
centerline established for the street to provide an adequate roadway surface, with the pavement
crowned at the ultimate centerline. A 3-foot wide gravel shoulder and a drainage swale sized to
accommodate the roadway storm runoff shall be constructed on the south side of the roadway or
utilize the existing storm drain system. Coordinate the drainage design with District
Development Review staff.
7.1.5 Utilize the existing 25-foot wide driveway onto Perugia Street located on the north side of the
turnaround (at the terminus of Perugia Street) abutting the site. Pave the driveway its full width
at least 30-feet into the site beyond the edge of pavement of the roadway.
7.1.6 Utilize the existing 27-foot wide driveway onto Umbria Hills Avenue located on the north side of
the turnaround (at the terminus of Umbria Hills Avenue) abutting the site. Pave the driveway its
full width at least 30-feet into the site beyond the edge of pavement of the roadway.
7.1.7 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 ACHD right-of--way.
7.2.2 Private sewer or water systems are prohibited from being located within the ACRD right-
of-way.
7.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any
existing non-compliant pedestrian improvements abutting the site to meet current
Americans with Disabilities Act (ADA) requirements. The applicant's engineer should
provide documentation of ADA compliance to District Development Review__ st_a_ff for
review.
7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for
all landscaping proposed within ACHD right-of--way or easement areas.
7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall
be borne by the developer.
7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of--way.
The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant.
The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full
business days prior to breaking ground within ACHD right-of--way. The applicant shall
Avendale PP-11-001 Page 6
contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or
filled) are compromised during any phase of construction.
7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
7.2.9 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC
Standards and approved supplements, Construction Services procedures and all applicable
ACHD Standards unless specifically waived herein. An engineer registered in the State of
Idaho shall prepare and certify all improvement plans.
7.2.10 Construction, use and property development shall be in conformance with all applicable
requirements of ACHD prior to District approval for occupancy.
7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of ACHD. The burden shall be upon the applicant to obtain
written confirmation of any change from ACRD.
7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the
site plan and may require additional improvements to the transportation system at that time.
Any change in the planned use of the property which is the subject of this application, shall
require the applicant to comply with ACHD Policy and Standard Conditions of Approval in
place at that time unless awaiver/variance of the requirements or other legal relief is
granted by the ACRD Commission.
Avendale PP-11-001 Page 7
EXHIBIT C -FINDINGS OF FACT AND CONCLUSIONS OF LAW
1. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the
decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
The Commission finds that the proposed plat is 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;
The Commission 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;
Because the developer is installing sewer, water, and utilities for the development at their
cost, the Commission finds that the subdivision will not require the expenditure of capital
improvement funds.
D. There is public financial capability of supporting services for the proposed
development;
The Commission recommends 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
The Commission is not aware of any health, safety or environmental problems associated
with the development of this subdivision that should be brought to the Council's
attention. ACHD considers road safety issues in their analysis. The Commission
recommends that the Council reference 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.
The Commission is unaware of any natural, scenic or historic features on this site.
Therefore, The Commission 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 Council should reference 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 the Commission is unaware.
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