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Chesterfield RZ-11-004 PP-11-007CITY OF MERIDIAN E IDIAN~- FINDINGS OF FACT, CONCLUSIONS OF LAW ~ AND IDAHO DECISION & ORDER In the Matter of Rezone and Preliminary Plat for Chesterfield Subdivision, Located on South Side of W. Pine Avenue, Midway between N. Ten Mile Road and N. Black Cat Road, by Liberty Development Ine. Case No(s). RZ-11-004 and PP-11-007 For the City Council Hearing Date of: December 6, 2011 (Findings on December 20, 2011) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-SA. 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-004 and PP-11-007 -1- 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval attached in the Staff Report for the hearing date of December 6, 2011, 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-SA and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for rezone and preliminary plat is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of December 6, 2011, 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 fmal 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 maybe granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-SB-3D). A modification to the development agreement maybe initiated prior to signature of the agreement by all parties and/or maybe 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 two (2) year approval period (LJDC 11-SB-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-004 and PP-11-007 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review maybe filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which maybe adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 6, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-004 and PP-11-007 -3- 1 By action of the City Council at its regular meeting held on the day of ~~,~, , 2011. COUNCIL PRESIDENT DAVID ZAREMBA VOTED~~ COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED ~~ COUNCIL MEMBER CHARLIE ROUNTREE VOTED (' ~ COUNCIL MEMBER KEITH BIRD VOTED~L. C.S. MAYOR TAMMY de WEERD VOTED- ~~ (TIE BREAKER) Attest: ycee o~man, City Clerk /~GOr / : ? j ,off ti ,,,,~ City of E IDIAN „~ ~tfAMo r~~ ~ ti~ r~~ ~~~ off~e TREA~~~ Copy served upon Applicant, The Planning Depar ment, Public Works Department and City Attorney. B Dated: ity erk s e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-004 and PP-11-007 -4- STAFF REPORT Hearing Date: December 6, 2011 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 SUBJECT: RZ-11-004 and PP-11-007 -Chesterfield E IDIAN~- iDAHO 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Liberty Development Inc. has requested approval for the following applications: 1) preliminary plat (PP) approval for 148 residential lots and 12 common lots on 28.2 acres of land; 2) rezone (RZ) of 1.48 acres from the R-8 (Medium-density Residential District) zone to the R-15 (Medium-high Density Residential District) zone . 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed rezone and preliminary plat subject to the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on November 3.2011. At the public hearing, the Commission voted to recommend approval of the subiect RZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Steve Arnold and Shawn Brownlee, Guv Colwell (neutral) ii. In opposition: Heather Wleiner, Josh Alvev. David Wright, Oleydi Wright, Michael Cichoski, Holly Wheelock, Trov Behunin, Jill Ball, Rvan Ball and Jim Escobar iii. Commenting: None iv. Written testimony: Petition from seven (7) Castlebrook Subdivision residents in opposition; Chris Verkerk in opposition v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Ted Baird b. Kev Issue(s) of Discussion by Commission: i. Subdivision open space/amenities and the timing of the amenities. ii. Organizing a separate HOA. iii. Reconfigure the phasing plan to include the extension of Pine Street with Phase 2. iv. Neighbors concerns regarding traffic, amenities and the existing Chesterfield and Castlebrook HOA. c. Kev Commission Change(s) to Staff Recommendation: i. Added several DA provisions to include the timing for the subdivision amenities and the amount of open space to be provided. a requirement for a separate HOA. the extension of Pine Street with Phase 2 and restricting the site to 148 buildable lots. ii. Several modifications to conditions of approval to support the new DA provisions recommended by the Commission (see Exhibit B below). d. Outstanding Issue(s) for City Council: i. None Chesterfield Subdivision RZ-11-004; PP-11-007 - 1 - $, ummarv of Citv Council Public Hearing: 1, In favor: Steve Arnold, Shawn Brownlee 1L In opposition: Jill Rall ju, Commenting: Troy Behunin in on_nosition iY. Written testimony Applicant's resnonce to the Commiccion recommendations y, Staff presenting application: Bill Parsons Yl. Other staff commenting on annlicatinn: Rill Narv. Mark Niemeyer 1z, Key Issues of Discussion by Council: ~, Secondary emergency access. ~. Key Council Changes to Staff/Commission Recommendation L Added DA provision that requires approval of the secondary emer~encv access prior to the submittal of a_final plat apnlicatio 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-11- 004 and PP-10-007 as presented in staff report for the hearing date of December 6, 2011 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-11-004 and PP-11-007 as presented during the hearing on December 6, 2011 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers RZ-11-004 and PP-11-007 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 The subject property is located on the south side of W. Pine Avenue; midway between N. Black Cat Road and N. Ten Mile Road in the south'/z of Section 10, Township 3 North, Range 1 West. B. Owner/Applicant: Liberty Development Inc. 2358 S. Titanium Place Meridian, ID 83642 C. Representative: Steve Arnold, CK Engineers, (871-7020) D. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject applications are for a rezone and 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: August 29 and September 12, 2011 (Commission); November 14 and 28, 2011 (City Council) Chesterfield Subdivision RZ-11-004; PP-11-007 - 2 - C. Radius notices mailed to properties within 300 feet on: August 18, 2011 (Commission); November 10, 2011 (City Council) D. Applicant posted notice on site by: September 1, 2011 (Commission); November 21, 2011 (City Council) 6. LAND USE A. Existing Land Use(s): The subject property is currently vacant residential land, zoned R-8. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with City and County residences. North: Castlebrook Subdivision and Ada County residence, zoned R-8 and RUT West: Chesterfield Subdivision No. 1, zoned R-8 South: Railroad tracks and Umbria Subdivision, zoned R-15 East: Ada County residence, zoned RUT C. History of Previous Actions: • In 2004, the annexation (AZ-03-037), preliminary plat (PP-03-045) and conditional use permit (CUP-03-070) for the Chesterfield Subdivision were approved by the Meridian City Council. The preliminary plat consisted of 214 residential lots and 39 common lots on 46.40 acres. Overall gross density of the preliminary plat was 4.61 units to the acre. • In 2005, City Council approved Chesterfield Subdivision No. 1. The final plat (FP-OS-050) consists of 72 residential lots and 14 common lots on 17.88 acres. This phase has recorded. • In 2006, City Council approved the second phase of the final plat (FP-06-010). Phase two consisted of 76 residential lots and 18 common lots on 14.57 acres. This phase did not receive City Engineer's signature. • In 2007, a time extension (TE-07-006) was approved for this project by the Planning Director. A subsequent time extension (TE-08-018) was applied for and denied by Council in 2008. As a result, the plat and planned development (CUP) expired. D. Utilities: 1. Public Works: a. Location of water: W Pine Ave and a 10 inch main located to the south in Umbria or Silver Oaks Subdivision b. Location of sewer: W Pine Ave, W Meadowpine St and W Newland St c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: Ten Mile Creek transverses a majority of the eastern boundary. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: The far easterly portion of the plat is affected by the flood plain. The applicant will have to obtain a flood plain development permit before construction can commence. F. Summary of Proposed Streets and/or Access: The applicant is proposing to construct numerous public streets, extend several stub streets and provide one (1) stub street as part of this project (see section 9 for further analysis). Chesterfield Subdivision RZ-11-004; PP-11-007 - 3 - 7. COMPREHENSIVE PLAN POLICIES AND GOALS The proposed Chesterfield plat is all designated "Medium Density Residential" on the future land use map. The medium density residential areas are anticipated to contain between three and eight dwellings per acre. The proposed preliminary plat includes 148 residential lots on approximately 28.2 acres for a total gross density of 5.25 dwelling units/acre which complies with both the density requirements allowed in the UDC and the Comprehensive Plan. In addition, the applicant is proposing to rezone a small portion of the property (1.48 acres) to the R-15 zoning district. The purpose of the rezone is to align the proposed alley lots with the existing alley lots platted with Chesterfield Subdivision No. 1. Since the CUP (planned development) has expired the only process to allow the reduced frontages and smaller lots to mirror the existing lots, is to rezone the property. The Comprehensive Plan encourages a mix of housing types to provide affordability. Staff is of the opinion the rezone would provide diversity in home types and provide consistency between the new plat and Chesterfield Subdivision No. 1. 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): • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) The subject property was annexed in 2004 and services were stubbed to the property with the first phase of the Chesterfield Subdivision. The developer will be responsible for extending services with development of the site. Further, the City was granted an easement to construct a sewer main through the subject property. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter3, pg. 48) The applicant's proposed street lay-out is generally consistent with the previous preliminary plat. The proposed plat depicts one (1) stub street located in the southeast quadrant to provide future connectivity. In addition, the extension of local streets is planned to provide access to the proposed subdivision and provides additional access to Pine Avenue and Cheste~eld Subdivision No. 1. Staff is generally supportive of the proposed stub street and internal street network proposed with the subdivision. • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system (Chapter 3, pg. 48). The applicant is proposing 12 common lots with the subject plat. The only pedestrian connectivity provided with the development is the proposed sidewalks along the planned streets. Staff believes the applicant should develop an internal pathway network to link the pocket park and larger planned open space lots with the adjacent planned lots and Chesterfield Subdivision No. 1 and the proposed plat. In addition, the City pathway's plan depicts a future pathway along the rail corridor. The applicant depicts a common lot that provides no connectivity to said pathway when it is constructed. Further, N. Newland Street (southern most west-east roadway) exceeds the block length requirement of the UDC. Staff is recommending the applicant add an additional micro path lotto break-up the extended block length. Staff is of the opinion, the addition of the two micro path lots and the recommended internal pathway system will enhance connectivity through out development and the surrounding area. • Require common areas for all subdivisions (Chapter 3, pg. 54) The submitted plat depicts the overall open space proposed with the development. Staff has Chesterfield Subdivision RZ-11-004; PP-11-007 - 4 - calculated the total amount of open space provided is 3.09 acres (10.9%). The proposed open space complies with the 10 percent required by the UDC. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter 3, pg. 52). Chesterfield Subdivision No. 1 recorded with a mix of common drive lots, alley-loaded lots and larger single family lots. In order to maintain consistency between the adjacent properties to the west and County properties to the east, the applicant is proposing to rezone 1.48 acres so that the planned lots provide a transition in lot sizes between the existing alley loaded lots platted with Chesterfield Subdivision No. 1 on the west with the larger county parcels on the east. Further the county property along the eastern boundary is designated medium density residential and mixed use community on the FLUM. Staff anticipates a mix of residential densities and uses to develop in the future. Staff is supportive of the transition proposed by the applicant. • Require appropriate landscape and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (Chapter 3, pg. 53). The applicant is proposing to construct a 20 foot wide landscape buffer along Pine Avenue. By ordinance, a 20 foot wide buffer is required adjacent to collector streets in accord with UDC 11- 3B-7C. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-21ists single-family detached homes as permitted uses in the R-8, and proposed R-15 zoning districts. b. Purpose Statement of Zones: R-8 and 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. c. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements of the R-8 and R-15 zones established in the UDC. No dimensional modifications are being requested for the proposed development. The subdivision must comply with the subdivision design and standards outlined in UDC 11- 6C-3. d. Landscaping: 1. Width of street buffer(s): Per UDC 11-2A-6, a 20-foot wide street buffer is required adjacent to Pine Avenue, designated a collector street. The street buffers shall be constructed in accord with the standards listed in UDC 11-3B-7C. 2. Percentage of site as open space: Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for every 20 acres of development area. 3. The planned micro paths are required to comply with the design standards in accord with UDC 11-3A-8 and UDC 11-3B-12. 4. The parkway planned for entrance street is required to comply with the design standards outlined in UDC 11-3A-17. Chesterfield Subdivision RZ-11-004; PP-11-007 - 5 - 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: RZ Application: The request is to rezone 1.48 acres of land from the R-8 zone to the R-15 zone for the western portion of the proposed plat. In 2003, the site was approved for residential development through the planned development (CUP) process. With the previous approvals, the applicant was granted reduced lot sizes and street frontages within the R-8 zone and Chesterfield No. 1 (72 lots) developed under the established criteria of the CUP. With the exception of the alley-loaded lots, the vast majority of the platted lots in phase 1 comport to the current R-8 dimensional standards. Since those approvals have expired and are no longer valid, the R-8 zone does not allow reduced dimensional standards to provide the necessary transition between the alley-loaded lots platted with Chesterfield No. 1 and the proposed plat. Therefore, the applicant has requested the rezone to the R-15 zone in order to keep the plat lay-out generally consistent with the previous approval in 2003. With the annexation of this property, a development agreement (DA) was not required. Since this is a new plat, staff is recommending a DA with the rezone. See applicable DA provisions in Exhibit B of the staff report. Preliminary Plat (PP): The applicant is requesting preliminary plat approval of 148 residential lots and 12 common lots for a total of 160 lots on 28.2 acres of land. On the submitted plat the applicant has indicated that the lots range in size from 3,600 square feet up to 9,417 square feet. Average lot size is 7,363 square feet. The subject plat is generally consistent with the previous approved version in regards to lot count and density. The previous approval had an overall gross density of 4.61 units to acre. The gross density proposed with the new plat has increased slightly to 5.25 dwelling units to the acre. As mentioned earlier the gross density proposed with this plat comports to the maximum density requirements of the R-8 which is eight (8) dwelling units to the acre. In addition, access and internal connectivity is very similar to the previous approved plat as well. The major difference between this plat and the previous version is the mix of residential lots. The previous plat contemplated a mix of internal alley loaded lots, southern periphery common drive lots and larger single family lots. The new version has fewer alley loaded lots and no common drive lots. Further, the lot count has increased slightly from 1421ots to 148 respectively. Overall staff is generally supportive of the plat design as it provides a transition between the alley load lots on the western boundary, the County residences on the eastern boundary and the single family lots platted with the Castlebrook Subdivision to the north. Dimensional Standards: The property proposed to be platted is zoned R-8 and planned R-15, respectively. All of the proposed lots must comply with the dimensional standards established in the UDC. The R-15 does not have a minimum frontage requirement however the R-8 zone has minimum frontage standards. Per UDC-11-2A-3B, a minimum of 30 feet of street frontage is required for properties with frontages on a ninety degree angle and others need to have a minimum of 50 feet of frontage. Minimum lot sizes in the respective zones are as follows: 5,000 square foot minimum in the R-8 zone and 2,400 square foot minimum in the proposed R-15 zone. After reviewing the submitted plat, numerous lots do not meet the frontage requirements of the R- 8zone outlined in the UDC. All lots must conform to the dimensional standards outlined in Table 11-2A-6 and 11-2A-7. Phasing Plan: The applicant is proposing to phase the subject plat. With the first phase the applicant is proposing to plat 30 lots and move eastward with the additional phases. Overall, six Chesterfield Subdivision RZ-11-004; PP-11-007 - 6 - (6) phases are proposed. Staff is supportive of the phasing project however; Staff believes the pocket park should be constructed with an earlier phase rather with Phase 5. Staff recommends the applicant construct the pocket park and associated amenities with Phase 3. Building Elevations: Elevations have been submitted with the subject applications (see Exhibits A.6-A.9). Since a rezone is accompanying the preliminary plat, staff believes elevations should be tied to the development agreement being proposed. Further, the proposed elevations should be consistent with Section E. Residential Guidelines contained in the Meridian Design Manual. Similar building materials and mix of materials should be incorporated into all sides of the future homes. Particular attention should be made to those side and rear facades that face a public street and common open space. With future home designs, staff recommends the Planning Department sign off on the home design to ensure future homes comport with the Meridian Design Manual and comport to the elevations submitted with the preliminary plat. Open Space/Amenities: UDC 11-3G-2 requires a minimum of ten percent open space for all residential developments exceeding five acres. The UDC also requires one additional site amenity for each additiona120 acres of development area. Using this standard, the applicant is required to provide one (1) amenity for a development of this size (28.2 acres). Majority of the open space are large common lots for drainage and a pocket park. It appears a gazebo is proposed for the pocket park. Staff is recommending that a tot lot be added as an amenity to the park. Further, the staff believes the larger common lots should include an internal pedestrian system to enhance pedestrian connectivity throughout the development. Staff recommends the applicant provide a 5-foot wide walkway through common lot 19, block 6 and lot 12, block 11. If the applicant complies with the aforementioned recommendation then staff is supportive of the proposed open space and amenities planned for the subdivision. The drainage lots can count as open space if they are designed in accord with UDC 11-3B-11C. Fencing: The applicant is showing internal and perimeter fencing on the submitted landscape plan. Some of the fencing along the internal common lots does not comport with the UDC fencing standards. All fencing proposed with the plat must be installed in accord with UDC 11- 3A-7. Street Network: The applicant is proposing to extend Pine Street 760 feet, extend several stub streets and construct several new internal streets. The street lay-out is very similar to what was proposed with the first Chesterfield plat. In addition, the applicant is proposing to provide one stub street located in the southeast corner of the plat. In general staff is supportive of the street lay-out. Attached Sidewalks: The applicant is proposing to construct a 5-foot wide attached sidewalk along all of the internal/local streets and Pine Avenue, designated a collector street. Typically, the UDC requires 5-foot detached sidewalks along designated collectors. However, the Director has the authority to allow attached sidewalks if they already exist in the area. The existing subdivisions in the area have 5-foot wide attached sidewalks; thus staff is supportive of the applicant's request as proposed. Further, ACHD is supportive of the 5-foot wide attached sidewalk and has granted a waiver from District policy to allow the construction of said sidewalk. Landscaping Requirements Collector Streets: UDC 11-2A-5 requires a 20-foot wide street buffer along W. Pine Avenue. On the submitted landscape plan, the applicant is proposing buffers that exceed the required 20-foot width. Said buffers shall be constructed as proposed in accord with the standards outlined in UDC 11-3A-7C. Micropaths: The applicant is proposing a common lot along the south boundary. Because a City Chesterfield Subdivision RZ-11-004; PP-11-007 - 7 - sewer main runs through this lot the applicant cannot plant the required trees in the common lot. The City's Master Pathways Plan depicts a future pathway along the rail corridor. The applicant has not provided connectivity to the planned pathway. Staff recommends the applicant widen the common lot an additional 5-feet to allow a planting strip for trees and provide a 5-foot wide pathway to provide connectivity to the future pathway. Further, N. Newland Street (southern most west-east roadway) exceeds the block length requirement of the UDC. Staff is recommending the applicant add an additional micropath lot to break-up the extended block length. Said micropath areas must be installed in accord with UDC 11-3A-8 and UDC 11-3B-12. In summary, the applicant's proposal is generally consistent to what was proposed and approved in 2003. Although lot layout has changed, the density and lot count is consistent with previous approvals. Staff has reviewed the applicant's plat and believes the applicant's proposal complies with the development standards and land use policies contained in the UDC and the Comprehensive Plan. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat 3. Landscape Plan 4. Building Elevations B. Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Central District Health Department 9. Idaho Transportation Department C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Chesterfield Subdivision RZ-11-004; PP-11-007 - 8 - A. Drawings 1. Vicinity Map -i r ~ , ~ , ~ ~ '~ i Rl R-8 ~~ ~ ~ ~ 1 ~ ~~ ~ ', ~ ~' ~' a,~Rk~a. < ~ ~ ~ . C-N I_, Z i - ~ - I ~, .- ~ ~ ~ ~ z,~ ~k p : ~ I '~ ~ R-4 Rv~' nR L-O l , _ ~ , ~~ r ~ 1~ _ 1 ~ i ~l ~ i ~ ,~1 _. 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Proposed Preliminary Plat rlaRw.nr ,4i ylalwy CHESTERFIELD SUBDIVISION IOCR~ N 11C y0UM/ 1/t 0 Cw011 MA tll. RIM.. W. I~IyIMi. /OA CAMP. pNO rr MiMa~i It ~ 1 1 1 tl 1 1 I 1 I II l y l ~ 1 ~ 1 ~ tl t ~ I II y LJ_J_1_LJ._1_L_LJI .~,..~ ••• srm. E ~~ ~~ .. ~Rr.~ ~~~ --_ ~i.~ ~. x ~yroeamruys~ 14I Y _ yl~, V~-A1 ~Ll~.___._._,..... _. ~ pR. ~~ ~\ R/yf w-Mry iw «Ylt Wi u+ar l ~. ~ ~ ~~'~ . wwr~ew rr Mr~rr~a `LTirw~7L"'.~ • '~."'8'i~JiL'UV iR7~l1'fi~ ~~zna~'zS'~.s'~~'~s.3" r ~r~ ~`~ Y~ ~~f~ d~ S ~~ Exhibit A - 2 - 3. Proposed Landscape Plan ._ ~ PINE 8TREET \ 1 . __~_ _. - _ ~- ^ I ~ a~ ;~,. ,, o~a~ ° ~o~o~ o ~o~o ~ o `i ' ~\ I eSw ~ ..~~~-` ~ ~ ~ rmscn ~ O ,1 ~` , I ' .. ~1 i ~ ~. ~+ ~ p ~ -~ ~~ '~ '~~ , ~._._ ~SFIoloio u `~ ,, •. ~ , -- ~ ~ ~ - \,~ ` i uNOSC~ne ~, s,.~ ~ sas osss~ m snMC-...~-` x _` ssrw ors ss~e rw,e sas swsr .~•~•.• • r~ ~sai-ss sesa, ne sssrn~ ~rrsest ..sra ~ L1.2 ---- -~ i -.. -, ' , ___ - O Y'4iI.Cn~`:J;. 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La s •.y: ...y sy~ •.js~,~.:R'.~.• _ ..r ~- ~ --- -- -- -- ~ ^ . ~...' ..Q..... .. ~.......~:.:. - ~__--~--•-- O __ ~ -- O -- ! i O _ __ ~' ~° ~ ~ '. o - ~ ---© -- ~ o -~ __a.. _. ___~_____. _•_ _____~ O-_.T o ~ ° ° Ij; I '~ ~ : ~ '~ .<...oR ' . !r ' 1~ F I i~ I I° j ~" O ~ © ~ © ~ ° ~° ~ ~ ... .__.._ _._ ...___ 1, ...__...___L__....__! ~i .__... __._.....,.... __.... _.... ..___.... _.__ ~: i y -y .....__.... _.. y {4 ~ PLAN ~ ~ ~, ~ ~~ Q1 ~~~~~ \~J !L* ~~ ~ Li0 ~'Ot lL~1R' i~i~Jl6 rr6~ fit. E~IiiJ1~ NR~ ~ ~~ __~~~/// __ _ 11.3 . f, u u ~ O O Q y .``~` z - ~ ~ ~ nYa1M~v -.._ ~ 1 1 , ~ 1 1 1 ~ ~ ~ ~ 1.~. _rrt~ ..1!!; _ • _-_ ~~ r~rir ~;p © ° I ~-- I ~ ~ ~ ©~° ; I~ I I I I '~' - qs , ~ ~ . Q C ~ ~R ~ ~ ~ ® ° ; © m. ~ I I ° i° I° I ° i° I° l©I®I I ® j ° „ ~ ,. , . . • ~, ~: ~ ....x~evnrw~axx .. . .... .. __. .._ .---..... ~ - _ __. __._._ _.__ ..__ _ ..__._._._. --y- --f -......... -._ _.. __.RNL13(tAP_ f __.tiNF(NV __PACIFIE LANDiCAPE PLAN ~ /Q~ fit ~ 07ifL ~ 5~----/~ ~~~ x "~- fil. 1101 ~m ~1/ iii MrISi ~•~','• 11.4 Exhibit A - 4 - ruwr.o.u, .•• ...., . sa,~- .,,..._ ,~_ .. gg~~~~'' ~4~~w aW ~T ~ti.rr ~.~~ ~~r~irti ~~~ ~~-Y ~'M~~ u ~~ 1M~~1wr ~4~rww u ~~~~ ~ ~~'MN I~~w~ M w . ` r~. .err ~+~ ~y"~r ~ rr ~r~ rtirr ~i.~.~~. ,L~~ T ~ ' r`..~r ...r ~~ 1. ~.r r~..~ r r~ . ~...~ y.~r w ~~~ ~~~ •r ~yrr w ~+ ~y ~T.~~ wn ~•~.. ® ~~~~ II`~ ti~ r f-~zi ~ {.AtD~OM 1l~C~A~LigRATI011F Crr"iR'LtJI"lYiCL"~a7Tis~ . ~ee~r~ryw~~~.r ~ilAt.~~~YF~~i ,rwwa~alu v~~u/r ~.w~.w-w mss A -. ~Y6r~~ w Q~~~A~~~ITI~~~x ~~ ~1 ~~0 ~A» ~~~~ ~~ ~ 7_~_--/ t uiiii ~`i gB ~a Exhibit A - 5 - 4. Proposed Elevations ~^~+'~ Exhibit A - 6 - ~A~ .~ ~ ~r~1^r fiMY~'•nP Exhibit A - 7 - C,,r~ . `~ ~~ t Exhibit A - 8 - i 1 Exhibit A - 9 - B. Conditions of Approval 1. Planning Department 1.1 REZONE 1.1.1 A Development Agreement (DA) will be required as part 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. The Applicant shall contact the City Attorney's Office to initiate this process. Currently, a fee of $303.00 shall be paid by the applicant to the City Attorney's office prior to commencement of the DA. The DA shall be signed by the property owner and returned to the city within two years of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. All future homes constructed on the site shall substantially comply with the elevations shown in Exhibit A. The applicant shall receive Planning Department approval for the future homes prior to obtaining building permits. The proposed elevations shall be consistent with Section E. Residential Guidelines contained in the Meridian Design Manual. Similar building materials and mix of materials shall be incorporated into all sides of the future homes. Particular attention shall be made to those side and rear facades that face a public street and common open space. b. The subject property shall development with a maximum of 148 residential lots as eg nerall~confiQUred on the proposed preliminary plat unless modified b~City Council. c. The applicant shall provide a minimum of 2 8 acres of common open space and include the following amenities• a covered picnic shelter and a tot lot on the Manned pocket park ¢ot 3 Block 13, .The pocket park shall be developed with phase 3. d. The applicant shall create a separate homeowner's association for the proposed subdivision and shall be a s~arate entity from the existing homeowner's association of the combined Chesterfield No. 1 and Castlebrook Subdivisions. e. The extension of Pine Street shall be completed with Phase 2 of the subdivision. f. Prior to the submittal of a fLnal plat the applicant shall coordinate and obtain ap rp oval from the Meridian Fire Department for secondary emer~encv access. The secondary access shall be constructed as set forth in Appendix D of the International Fire Code and modified by Ordinance No. 08-1357. 1.2 SITE SPECIFIC REQUIREMENTS -PRELIMINARY PLAT 1.2.1 The preliminary plat labeled Sheet 1 of 1, prepared by CK Engineering, dated 08/06/11, shall be revised as follows: • Revise the plat to comply with the minimum street frontage requirements for lots in the R-8 zoning district listed in UDC Table 11-2A-6 and 11-2A-3. • The applicant shall shift the phasing lines to ensure the pocket park and associated amenities are constructed with Phase 3. • Include an additional micropath common lot between Lots 34-53, Block 6 or comply with the 750-foot block length requirement in accord with UDC 11-6C-3F. 1.2.2 Provide the stub streets and internal street network as proposed on the plat. 1.2.3 Provide a minimum of 312_8 acres of common open space and include the following amenities: a covered picnic shelter and a tot lot on the planned pocket park (Lot 3, Block 13). Exhibit B - 1 - 1.2.4 The landscape plan, labeled sheets Ll.l - L1.4, prepared by South Architecture, dated 08/08/11, is approved with the following modifications/notes: • Construct the collector landscape buffer along Pine Avenue as proposed. Said buffers shall be constructed in accord with UDC 11-3B-7C. Provide 5-foot wide attached sidewalk, as proposed. The applicant shall widen Lot 54, Block 6 an additional 5-feet to allow a planting strip for trees and provide a 5-foot wide pathway to provide connectivity to the future pathway. In addition, the applicant shall add an additional micropath lot to break-up the extended block length between Lots 34-54, Block 6 or comply with the 750-foot block len_ h requirement in accord with UDC 11-6C-3F. The micropath lots shall be installed in accord with UDC 11-3A-8 and UDC 11-3B-12. • Provide and internal s-foot wide pathway through lot 19, block 6 and Lot 12, block 11. • Perimeter, common open space, and micro-path fencing shall be designed according to UDC 11-3A-7. • The drainages areas planned for common lots 19, Block 6, lot 12, Block 2 and Lot 12, Block 11 shall be designed in accord with UDC 11-3B-11C. A written certificate of completion should be prepared by the landscape architect, designer, or qualified nurseryman responsible for the landscape plan. All standards of installation should apply as listed in UDC 11-3B-14. GENERAL REQUIREMENTS -PRELIMINARY PLAT 1.3.1 A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application(s). 1.3.2 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to UDC 11-3A-17. 1.3.3 All stormwater detention facilities incorporated into the approved open space are subject to UDC 11-3A-18 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated surface materials shall not be used in open space lots, except as permitted under UDC 11-3B-11. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed such plan, the landscaping shall be consistent with the preliminary plan with modifications as proposed by staff. If the stormwater detention facility cannot be incorporated into the approved open space and still meet the standards of UDC 11-3A-18, then the applicant shall relocate the facility. This may require losing a developable lot or developable area. It is the responsibility of the developer to comply with AC>=ID, City of Meridian and all other regulatory requirements at the time of final construction. 1.3.4 Staff's failure to cite specific ordinance provisions or terms of the approved annexation does not relieve the applicant of responsibility for compliance. 1.3.5 Per UDC 11-3A-6 all irrigation ditches, laterals or canals, but exclusive of any natural waterway, that intersect, cross or lie within the area being subdivided shall be covered. Plans will need to 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 prior to construction plan approval. If lateral users association approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer. 1.3.6 Both preliminary plats approval shall be subject to the expiration provisions set forth in UDC 11- 6B-7. Exhibit B - 2 - 1.3.7 A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. 1.3.8 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, asingle-point connection to the culinary water system shall be required. 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. 1.3.9 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C.2. 1.3.10 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.11 The applicant shall coordinate all subdivision improvements with the Nampa Meridian Irrigation District. 1.3.12 Comply with all ACRD conditions of approval. 2. Public Works Department 2.1 Sanitary sewer service to this development is master planed to be served from extension of mains in W Pine Ave, W Meadowpine St and W Newland St .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 master planed from extensions of mains in W Pine Ave and to the south in the Umbria or Silver Oaks Subdivision. The applicant shall be responsible to install multiple water connections due to fire flow requirements. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. The applicant shall be responsible to install a water main connection to the south near the Umbria Subdivision with the first phase of construction 2.3 The applicant shall be required to install at the developer's expense a flush line along with any necessary permits to the Ten Mile Creek with the first phase of construction. Coordinate size and location with the Public Works Department. 2.4 The applicant shall provide a 20-foot common lot for all public water/sewer mains outside of public right of way. The common lot shall be covered with a blanket easement to the City of Meridian. 2.5 The applicant shall provide a 20-foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 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, 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. Exhibit B - 3 - 2.6 The City of Meridian requires that pressurized irrigation systems be supplied by ayear-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 signature on the final plat by the City Engineer. 2.7 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.8 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 maybe 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. 2.9 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. 2.10 Street signs are to be in place, 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. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro-paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 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. 2.14 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. 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that maybe required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.18 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. 2.19 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. 2.20 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. Exhibit B _ 4 _ 2.21 The applicants design engineer shall certify that all seepage beds out of the public right- of-way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.22 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. 2.23 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approval. 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. 2.24 A portion of this development lies within the Meridian Floodplain Overlay District. The applicant will be required to submit a Floodplain Development Permit and secure approval before any construction can begin. Permit approval may require development of Base Flood Elevations, mapping of the floodplain and / or floodway boundaries, and analysis of the effect of the development on the floodplain. Applicant should reference City Flood Damage Prevention Code and coordinate with the Floodplain Administrator to verify requirements. 3. Fire Department 3.1 One and two family dwellings not exceeding 3,600 square feet require afire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: 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. 3.3 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.4 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. Exhibit B - 5 - 3.6 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. 3.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.8 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 29' in width shall have no on-street parking; streets less than 33' in width shall have parking only on one side. These measurements shall be based on the back of curb dimension. 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. 3.9 ALLEY - In all cases, right of ways shall be a minimum of 20' in width. The entrance to the alley from the public street shall provide a minimum twenty-eight foot (28') inside and forty-eight foot (48') outside turning radius. No parking shall be allowed on either side of the street within fifty feet (50') of the alley entrance as measured from the centerline of the alley. The minimum distance for alley accessed properties shall be 20' from the face of a garage to the property line. (International Fire Code Section 503.4) 4. Parks Department 4.1 The Parks Department has no concerns with the submitted application. 5. Police Department 5.1 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 5.2 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. 6. Sanitary Service Company 6.1 Comments were not provided by SSC. 7. Ada County Highway District (Site specific conditions are forthcoming) 7.1 Site Specific 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 maybe damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Width Policy. 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 Exhibit B - 6 - 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 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 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 Payment of applicable road impact fees are required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 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 ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.12 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. 7.2.13 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 all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Exhibit B - 7 - C. Legal Description and Exhibit Map N ~ ~~.trr~~,,, W6 1.~1Y ,$URVEYiNG. r.rr PYoI I.anA SNrrr~vr 1906 E Aah~rka Cc s Ear, [D N;l616 AUGUST 30, 2011 DESCRIPTION FOR PROPOSED MEDIUM HK3H DENLl;ITY RESIDENTIAL. ZONE CHESTERFIELD SUBDIVISION A PARCEL OF LAND LOCATED IN THE SW X.OF SECTION 10, T. 3 N., R. 1 W., B.M., MERIDAN, ADA COUNTY, IDAAHO, MORE PARTICULARLY DESCRIt~D AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE S1N Y. OF SAID SECTION 10, FROM WHICH THE WEST Y. CORNER OF SAID SECTION BEARS NORTH 89'31'43' WEST, 2835.95 FEET, THENCE ALONG THE NORTH LINE OF SAID SW Y. NORTH 89'31'43' WEST. 425.37 FEET TO THE NORTHEASTERLY CORNER OF CHESTERFIELD SUBDIVISION NO. 1, AS FlLED FOR RECORD IN. BOOK 98 OF PLATS AT PAGE 11924, RECORDS OF ADA COUNTY, IDAHO; THENCE ALONG THE EASTERLY BOUNDARY OF SAID SUBDMSK?N SOUTH 00'28'17' WEST,138.00 FEET; THENCE SOUTH 89'31'43' EAST, 43.48 FEET; THENCE SOUTH 00'28'1 T WEST, 25.00 FEET TO THE REAL POINT OF BH3N~II~IINO OF THiS DESCRIPTION; THEME LEAVING SAID EASTERLY BOUNDARY SOUTH 89'31'43" EAST, 70.00 FEET TO A POINT OF CURVATURE; THENCE 70.89 FEET ALONG THE ARC ~ A CURVE TO THE RIGHT, S/UD Cl1RVE HAVMG A RADIUS OF 45.00 FEET, A DELTA ANGLE OF 90'00'00', AND A LONG CHORD BEARING SOUTH 44'31'43' EAST, 63.64 FEET TO A POINT OF TANGENCY; THENCE 30UTH 00'28'17" WEST, 478.63 FEET TO A POINT OF CURVATURE; THENCE 71.27 FEET ALONG THE ARC ~ A CURVE TO THE RIGHT, 8AID CURVE HAVING A RADIUS ~ 45.00 FEET, A DELTA ANGLE OF 90'44'27', AND A LONG CHORD BEARING SOUTH 45'50'31' WEST. 64.OS FEET TO A POINT OF TAI~ENCY; THENCE NORTH 88°47'17" WEST, 89.75 FEET TO A POINT ON THE EASTERLY BOUNDARY OF SAID CHESTERFIELD SUBDMSION NO. 1; THENCE ALONG SAID BOUNDARY NORTH 01°12'43' EAST, 25.00 FEET; THENCE NORTH 00'28'17' EAST, 542.78 FEET TO THE REAL POINT OF BEGINNING. CONTAINING 1.48 ACRES, MORE OR LESS AE PPROVAL BY ~ o ~ zo~~ MERIDIAN PUBLIC WORKS OEPT. Exhibit C - 1 - _ _ CASTLEBROOK SUBDIVISIONS N d9'31'43'W 2d35.ti5' ~t/4 z2to.sa' _ _ . N 89'31'43" W 425.37' w• sr~ c t/4 .~-•-- ~~ - ~ I ~ 5 I ~ ~) ~ I I s~ ~_ ~ ~ ~~ S 89'31'43" E 43.48' - w. a~oarr~~ sr. O Z 0 m q~ d w I I I I I I I I y Y N ~ ~ I ~ _ _~ ~ _~r ~ r _ _~ ~__ I _~_ ~( ~ ~f - ~ - L ^ r _ _ ~ - _ I' J~ ~._ F+• - ~ ' _ ~ '' w. NEwura sr. _ rN 88'47'15"W .69.75' I ~ I - I wr<~~ un~n Ralius Delta Chor/ ~9 46.00' 60'00'00" S 4~C31'43'~ 46.00' 60'44'27' S 46'60'311N Chord 63.64' 64.06' PROPOSED REZONE CHESTERFIELD SUBDIVISION ~~ '' ''°°' ~ocA~o iN THE sW t/4 of sECnoN to. REVI oRAwN ~. ~ T.3N., R.1W.. B.M.. GATE. M/ah1 MERIDIAN, ADA COUNTY, IDAHO BY ~ SEP '012011 MERIDIAN PUBLIC WORKS DEPT. 7"W ~~~IStoN N 70.00' S 89'31 `43" -~-~- S I ,~ _ _ 3 w. FARUIM N41Y I~ ~ s ~~~ ~ ; ~~ '~I I I I~ I Exhibit C - 2 - 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 the rezone, 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 a portion of the subject property from R-8 to R-15. The proposed zoning district is consistent with the Comprehensive Plan. The Council finds that the proposed development complies with the applicable provisions of the comprehensive plan. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that proposed Rezone and Preliminary Plat complies with the established regulations and purpose statement of the R-8 and the proposed R-15 zoning districts. The Council finds that the proposed map amendment complies with the regulations of the existing and proposed district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council fmds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this fmding. 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, The Council fmds 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 since services are not available. E. The annexation is in the best of interest of the City (UDC 11-SB-3.E). NA 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the Council shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Council 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 Council finds that services can be made available to accommodate the proposed development. Exhibit D - 1 - 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 Council 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, ACRD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of the subdivision that should be brought to the Council or Commission's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and 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 Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council 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 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 staff is unaware. Exhibit D - 2 -