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Staff ReportSTAFF REPORT Hearing Date: TO: FROM: SUBJECT: August 16, 2012 Planning & Zoning Commission Bill Parsons, Associate City Planner 208-884-5533 E IDIAN~-- IDAHO CPAM-12-002; RZ-12-001; PP-12-002 -Paramount East I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Brighton Development Inc., has applied for an amendment to the comprehensive plan future land use map (CPAM) to change the land use designation on 12.90 acres of land from office to medium-density residential (MDR). A rezone (RZ) of 12.47 acres of land from the L-O (Limited Office) zoning district to the R-8 (Medium-density residential) zoning district is also proposed consistent with the CPAM request. A preliminary plat (PP) consisting of 46 residential lots and 6 common lots is also proposed for the subject site. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed CPAM, RZ, and PP applications based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers CPAM- 12-002, RZ-12-001, and PP-12-002 as presented in the staff report for the hearing date of August 16, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers CPAM-12- 002, RZ-12-001, and PP-12-002, as presented during the hearing on August 16, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers CPAM-12-002, RZ-12-001, and PP-12-002 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: (Parcel #50425449960) The site is located on the west side of N. Meridian Road between W. Producer Drive and E. McMillan Road in the northeast'/4 of the southeast'/4 of Section 25, Township 4 North, Range 1 West. B. Applicant: Brighton Development, Inc. 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 Paramount East Subdivision -CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 1 C. Owner: Same as applicant D. Representative: Michael D. Wardle, Brighton Development, Inc. 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a comprehensive plan map amendment, rezone and 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: July 30, and August 13, 2012 (Commission); C. Radius notices mailed to properties within 300 feet on: July 25, 2012 (Commission); D. Applicant posted notice on site by: August 6, 2012 (Commission); VI. LAND USE A. Existing Land Use(s): This property is currently vacant. The total size of the site is 12.90 acres. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant land (Paramount North), zoned R-8 South: Vacant land, zoned R-40 East: Church in Paramount Subdivision and Ventana Subdivision, zoned L-O and R-8 West: Single-family residential property in Paramount Subdivision, zoned R-8 C. History of Previous Actions: • The subject property was included in the annexation (AZ-03-006), preliminary plat (PP-03- 004), and conditional use permit/planned development (CUP-03-008) for Paramount Subdivision approved in 2003. A development agreement (Instrument No. 103137116) was approved as a provision of annexation. The approved conditional use permit/planned development allows block lengths in excess of 1,000 feet; 5,500 square foot (s.f.) building lots; 1,301 s.f. dwelling size, exclusive of garage; 50' minimum street frontage; and setbacks as follows: front - 10', rear - 15', side - 5', street side 10'. • A development agreement modification (MI-07-007) (Instrument No. 107145935) was approved in 2007 that allowed for commercial uses to develop in the C-G and L-O zoning districts without conditional use permit approval. D. Utilities: a. Location of sewer: W Producer Dr. b. Location of water: W Producer Dr, N Meridian Road, N Lange Ave and W Kingsley St. c. Issues or concerns: None, however, the City of Meridian currently has a re-use main located in N. Ten Mile Road that was not available to this site during the platting process Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 2 in 2007. If the applicant would like to utilize this service please contact Scott Steckline in Public Works Department at 887-2211. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: NA 3. Flood Plain: This property does not lie within the floodplain or flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Existing: The subject property is currently designated "Office" on the Comprehensive Plan Future Land Use Map (FLUM). Office designations typically provide opportunities for low-impact business areas. Sample uses would include offices, technology and resource centers. Ancillary commercial uses may also be considered. Proposed: The applicant is proposing to change the land use designation to "Medium Density Residential" (MDR). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The applicant is proposing to rezone the property to the R-8 zone and develop the site with 46 residential lots consistent with the proposed MDR designation. The gross density of 4.03 (net density of 5.0) dwelling units per acre proposed with the subdivision is consistent with proposed MDR designation and the proposed R-8 zone. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • 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. The proposed plat is an extension of the Paramount Subdivision to the west and the requested zoning is consistent with the other Paramount phases. Although the planned subdivision consists of single family detached homes, the Paramount Planned Development envisions a mix of multi family, townhomes and single family homes. • Permit new development where urban services can be reasonably provided at the time of final approval and development is continuous to the City (Chapter 3, page 45). City services will be extended by the developer with construction of the proposed subdivision. Thus, stafffinds that services are readily available consistent with the plan. • Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Street buffer landscaping is required adjacent to the arterial and collector streets (Meridian, and Studio) in accord with the standards listed in UDC 11-3B-7C as shown on the landscape plan. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • Require usable open space to be incorporated into new residential subdivision plats (Chapter 3, page 54). Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 3 The UDC requires 10 percent open space for the plat. The applicant is proposing2.24 acres of which 17.4 percent of common open space which exceed the requirements of the UDC. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter 3, page 48). Multiple stub streets are provided with the subject plat that will connect to earlier phases in the Paramount Subdivision. Staff is of the opinion that the proposed street network enhances connectivity and improves the traffic flow between the proposed subdivision and the existing phases of Paramount. In summary, Staff is of the opinion the proposed MDR FLUM designation is appropriate for the property based on the applicable comprehensive plan policies. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho's counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. Although office uses was contemplated as part of the Paramount planned development, the subject property remains part of the planned development thus it should complement the existing Paramount Subdivisions. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and will still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. The proposed development will continue to provide housing options for the City of Meridian residents. d. Economic Development Meridian's economic base has been gradually shifting over the last 20 years from afarming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The 2011 Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The reduction in the office land use should not impede economic growth in this area of the City. There are multiple properties zoned commercially in the area that will continue to support the economic needs of the community once developed. e. Public Services, Facilities, and Utilities Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 4 City water and sewer service has been provided to the subject property. Because this property is within the City limits, public services such as police and fire protection are currently provided to this property. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. This section of Meridian is currently developed with a Public Elementary School and High School. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. With the proposed development, the applicant is responsible for constructed several new roadways to enhance connectivity in the area. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is unaware of any areas of natural significance that need to be protected. i. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 18 City parks totaling approximately 242 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. 1. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian's Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding request for land use changes. Staff believes the proposed residential use of the site is consistent with the proposed future land use designation of MDR and the proposed plat is consistent with other phases in the Paramount Subdivision. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Department will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public's interest in land use. The City Council is the ultimate decision making authority on most land use applications. Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 5 n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on May 4, 2012 of which seven of the neighbors attended. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-21ists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the properly for single-family detached dwellings is a principal permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site must be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the proposed R-8 zoning district. D. Landscaping: Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the proposed R-8 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: COMPREHENSIVE PLAN MAP AMENDMENT (CPAM): The applicant proposes an amendment to the future land use map contained in the Comprehensive Plan to change the land use designation on 12.90 acres of land from Office to Medium-density Residential (MDR). The reason for the change is to adjust to market demand of more residential and less office. An office park has been developed as part of the Paramount development abutting Linder Road to the west. At this time several lots and office buildings sit vacant. Due to the slow absorbency rate of the office complex, the applicant feels the subject site is better suited as residential. REZONE (RZ): The applicant proposes to rezone 12.47 acres of land from the L-O (Limited Office) zoning district to the R-8 (Medium-density Residential) zoning district. The requested zoning is consistent with the proposed MDR land use designation. The subject property was annexed into the City with an L-O zone consistent with the planned development. The recorded development agreement was required with the annexation that limits the floor area ratio of the office uses and restricts the number of buildable lots to 764. Because the proposed development is subject to the development agreement (DA) approved with the original Paramount annexation, staff is not recommending a new DA with the rezone application. However, the DA may need to be amended to reflect a revised lot count if the current Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 6 and proposed number of lots exceed 764 and to reduce the amount of office square footage proposed for the Paramount development. The rezone legal description submitted with the application (included in Exhibit C) shows the boundaries of the property proposed to be rezoned. PRELIMINARY PLAT (PP): A preliminary plat is proposed that consists of 46 building lots and 6 common lots on 12.90 acres of land in a proposed R-8 zoning district for Paramount East Subdivision. The minimum lot size proposed with the plat is 5,600 square feet and the average lot size is 6,874 square feet. The gross density for the proposed subdivision is 4.03 dwelling unit to the acre. This density is consistent to what is developed in the area and complies with the maximum of eight (8) dwelling units in the R-8 zone. Staff has reviewed the proposed plat for compliance with the R-8 standards listed in UDC Table 11-2A.6 for the R-8 district. All of the proposed lots conform to the dimensional standards of the R-8 zone. A conceptual development plan is proposed with this application as shown in Exhibit A.2. The purpose of the exhibit is to depict the planned open space for the development. Conceptual building elevations were also submitted. The proposed elevations depict a mixture of building materials and designs consistent with the Paramount planned development. Staff is supportive of both the conceptual plan and the proposed building elevations. Access: The applicant proposes to extend several stub streets and construct several new streets with the subject application (see Exhibit A.2). The proposed plat will be bounded to the north and south by collector streets (W. Producer Drive and W. Studio Drive) consistent with the previously approved Paramount Subdivision in 2003. W. Producer Street is currently constructed with a previous phase of the Paramount Subdivision. The applicant is proposing a new quarter mile collector (W. Studio Drive) to evenly disperse traffic through the new and existing development. Staff is supportive of the proposed street connectivity. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.4. Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. The planned parkways along the local streets and within the public right-of--way must be constructed in accord with UDC 11-3A-17E, 11-3G-3B and 11-3B-7C. Open Space & Site Amenities: A minimum of 10% of the site is required to consist of open space in accord with UDC 11-3G-3A; qualified open space is defined in UDC 11-3G-3B. The plat consists of 12.90 acres therefore; a minimum of 1.29 acres of qualified open space is required to be provided. The application states there is 2.24 acres of open space proposed with this plat which exceeds the minimum by city ordinance. Since the proposed plat is less than 20 acres in size, the UDC does not require any amenities. The proposed plat is part of the planned development, thus the proposed development will more than likely become part of the Paramount Homeowner's Association and have access to the amenities already constructed with earlier phases. In summary, Staff recommends approval of the proposed CPAM, RZ and PP request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Existing Land use and Proposed Land Use Paramount East Subdivision -CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 7 3. Conceptual Site Plan and Proposed Plat 4. Proposed Landscape Plan 5. Proposed Elevations B. Agency Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map for Proposed Rezone D. Required Findings from Unified Development Code Paramount East Subdivision - CPAM-12-002, RZ-12-001 & PP-12-002 PAGE 8 Exhibit A.1: Vicinity Map Exhibit A PAGE 1 Exhibit A.2: Existing Land Use and Proposed Land Use ~ ~'~~ i 1~ ` ~ I ~,. 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F,xhibit A PAGE 3 Exhibit A.4 -Proposed Landscape Plan ~~ ._ '. ~ ., ~ ,_,; "~~ i I plan 9a, _- w_____. ~~: ~-, ._~ e~._ _ _ ACHD Landscape Plan Non!¢` x ~. ~ ..,~.,.R...~s flnai PWt La~decape Pblee -K. _ .n.., ' priRuaua Tnro ~'•,~ r P ,^n tlaptri~p a ~~ ~F _ L _. ~--.. 1 i / /.. /. \~._ i ~/~ ;r ~~~;_.. . ~'' '...~ ~~ s ~~ ~m Projad Celalla6ana .. . . w, .,. ~ M U-. a € ' ~ ACHD Ladacepa Plan Ndea -- -o EIn~.PJaL6~~dacaPa 61WSa .:.......,.. ~ . , K .'S.~" ~i ~. I I (') ~ ~k , ' ~' i X _~' h , ,,,,. r~~ ~i M~ '°~ ~ p I , I ~,, ; ~ r ., e nr ~ 8ec~m A ~ant>sca~g PI~1 _. Ieli ~~ Exhibit A PAGE 4 Exhibit A.5 -Proposed Elevations Exhibit A PAGE 5 ~iw Exhibit A PAGE 6 0 ono Exhibit A PAGE 7 Exhibit A PAGE 8 Exhibit A PAGE 9 B. Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 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. If permanent fencing is not provided before issuance of a building permit, temporary construction fencing to contain debris must be installed around the perimeter. 1.1.2 The applicant shall provide 2.24 acres (17.4%) of common open space as proposed. 1.1.3 Future homes constructed with this subdivision shall substantially comply with the renderings attached in Exhibit A.S. The future building restriction form shall note compliance with the approved building elevations. 1.1.4 The applicant shall verify the number of residential lots (existing and planned) for the Paramount Subdivision. If the number of buildable lots exceeds a total of 764 single family lots, the applicant must amend the recorded development agreement to allow for an increase in the number of residential lots and reduce the allowed office square footage prior to obtaining signature on a final plat. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC 11-2-A-6 unless otherwise approved by CUP-03-008. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct access to W. Producer Drive and W. Studio Drive is prohibited. 1.2.3 Construct on-street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 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. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.10 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B and 11-3B-7C. 1.2.11 Comply with all subdivision standards as set forth in UDC 11-6C-3, including but not limited to parkways, driveways, easements, blocks, street buffers, and mailbox placement. 1.2.12 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. 1.2.13 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Exhibit B PAGE 1 1.2.14 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). 1.2.15 Comply with all ACRD conditions of approval. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space shall be maintained by an owner's association as set forth in UDC 11- 3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ-03-006; PP-03-004; CUP-03-008; MI-07-007; Development Agreement Inst. No. 103137116 & 107145935). 1.3.4 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. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.3.7 Staff s failure to cite specific ordinance provisions or terms of the approved Paramount Planned Development does not relieve the applicant of responsibility for compliance. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-SC-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-SC-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B- 7B. 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Sanitary sewer service to this development is being proposed via extension of mains in W Producer Dr. The applicant shall install mains to and through this subdivision; applicant shall Exhibit B PAGE 2 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 W Producer Dr, N Meridian Road, N Lange Ave and W Kingsley St. 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 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. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, 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 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.9 Street signs are to be in place, 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. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, etc., prior to signature on the final plat. 2.11 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. 2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. Exhibit B PAGE 3 2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.21 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.22 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two ,years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.23 A letter of credit, cash surety or bond in the amount of 110% will be required for all uncompleted non-life safety improvements (eg. fencing, landscaping, amenities, etc.), prior to signature on the final plat. 2.24 100 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. FIRE DEPARTMENT 3.1 The proposed project has no Fire Department concerns. 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. Exhibit B PAGE 4 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING) Exhibit B PAGE 5 C. Legal Description and Exhibit Map for the Proposed Rezone ~: ° ! ~' ~"'' w o r msc sr-eaa awomr, sxr, base: July 17.2012 PARAMOUNT EAST Zt}NING DESCRIPTION A psroel of land located is tine SE } J4 of Section 2.5, T. 4 N., R I W., H. M., Msridian, Aida !County, idalso, mote particx~lariy descn'bod as follows: t.;arnrseeescireg u dse S Comer omm~son to Sections 25 sad 36 of said T. 4 N., R.1 W., end 5aaiosa 3~0 and 3 i of T. 4 N., R. i lr., B.M.; Thenoo Naath 00°23'ZO" East. 2640.13 feat on the sections line ooraason to said Secdoas 25 and 30 to the 1l4 Bastion Cornet oosssrrwn ~ said Sectiotn 2S sad 30; Thence Norris 89°27'2$" Wean 449.91 feat an flea aaa~ w+eatmiri-section line of aid $axion 25 to the Rl?.A1. l~OTAtT QF 13EGiP~1NtNG; Thence 5ostth 0023'20" West, 601.92 feat a portion ofaid line being ors the west~y bosstK4y Ifne ofl'araneaunt Church Subdivision to the soutlewat corner of acid Subdivision; Tieenae South $9°36'40"' East, 419.90 Seat on flee touthaly baeodary line of said Subdivision to a poiset on the toc+tiatt line optt la said Suctions 25 and 30; and 30; Tbesice South 00°23'20" Went. 704.62 feet on the sediae lice ootnrseon ~ said Seotioas 25 Thence North $9°36'40" West, 529.90 feet to a point of curve: Thence 106,19 feet an flee ac of a cvrv+e to the le$, said curve having a radiw of 230.00 feet, a cexetral ars$le of 24°20" 1 S" and s chard distance of IOS.40 feet which bests Souris 7$°13' 13" West to a paim Moaatep~eeed curve; "lhence 208.40 teat on the arc ofa curve to the leR, said esuva havir-$ a ssedius of i 306.62 &d, a castrel ante of 09°08' 1$" and a chord diatatsce ot20$.17 feet which bees South 61°2.8'59" Wei; Thetece Norh 33°21'08" West, 29.9$ foot to a point afavrve; Theca 35.20 feet on the arc of a cssrve to the left, aacd csssve having a radius of 20.00 fee, a aentrat angle of 100°49'53" and a clramd distance of30.$3 Poet which bean Nerds 06'13'S6"East; '! NM Ptm~ni~ • Isnbscape AreMft~eC1u-~ • tt~ Er1~ ~ Golr tourae Irr~~fon: l ErrynMrku • Q~~hk Dts~n • 3uwt~na #d2 E. Share arlvS. SuRe lGl1. E~ Idstw a8a16+-10a.lit~,A011. +P Exhibit C PAGE 1 '[~anco North 45°48'S9" iast, 52.00 boat; Thrace South 44° 11'41" 13+et, tb.13 fact; ThepQe North S4°37'47" Ea~t,13 t.53 feet; Thence Nordy 83°33"5 i" 1~est. 62.Op Powt; `Thence l~tazth 00"23'20"Feat, 1264.76 foot to a point oa ~a sat-w~eet mid-.actiurt liar of read Sian 25; Tiaanoo South 89°17'28" Faat~ 162.00 feet as the eeet-weer mid•aectioa~ liae of ra3t1 Section 25 ~ iha raal point of bagiaaing. Said Parixl ooatalar 12,47 ncnar roars or leer. r A~ a~ ,, 2 3 >aE s tRBI'AltEli BY: THE LAN~Rt1 Sets PhntUr~ • landscape nnhicacasre • C~Wt Enrinas~ • 6dttouna t+•Aigtboo+ i EnrlnaerAy ' twaM+k Own' fWw4~! KI t. 5hae Orhre, Sake 100 • [arse. IdNMD tl3b16 ° P 20tl39A041 • F 2F1R,413,4445 • wuuvw,tldrraapincaom Exhibit C PAGE 2 1alaer ~. Walbaun, PL S PARAMOUNT EAST ZONING EXHIBIT ~oc~nn a~ ~ s~ ~/4 of sECno~a z~, ~r•~r., R.ir~, e.~., ~o~ cou+tr, ~a~o CtntVE DATk t7RM[ tN166tM M01117 xi.H t1YH iMlt. DId10 MG CN 1 l~' h'70' If' IOL q tlfY ti tY Y: •! OOt 10' 170E i!' MO~t0' ~.IT Kt•t1I0Y lr t-! fl.tW OC.b tN•A'p' 70. t1T nliP /t W'C ~ ~It ~Y 23 MEa~aiEw Pub C. 1~ i ~0 Exhibit C PAGE 3 so aaa soo ~ ~~ D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. Staff finds that the proposed change to the Future Land Use Map is consistent with elements of the Comprehensive Plan that promote compatibility and transition of uses and zoning. See sections VII and IX above for more details. b. The proposed amendment provides an improved guide to future growth and development of the city. Staff finds that the proposal to modify the Future Land Use Map to allow for residential uses on this property would be consistent with the abutting residential development. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. Staff finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. Staff finds that the proposed amendment to MDR for proposed residential subdivision is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. Since the planned subdivision is an extension of the Paramount development and the lot sizes and density is consistent with the adjacent residential subdivisions, staff finds the proposed amendment is consistent with the adjacent properties. f. The proposed amendment will not burden existing and planned service capabilities. Staff finds that the proposed amendment would not burden existing and planned service capabilities in this area of the city. City services will be extended at the developer's expense. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. Staff finds the proposed residential development of this property resulting from the proposed map amendment will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII and IX and the subject findings above, Staff finds that the proposed amendment is in the best interest of the City. 2. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, Exhibit D PAGE 1 the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; Staff finds the proposed rezone to R-8 is consistent with the proposed MDR future land use designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to R-8 zoning district is consistent with the purpose statement of the residential districts. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. However, Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). This finding is not applicable as the applicant is requesting approval of a rezone, not annexation. However, as noted previously, staff finds the proposed rezone is in the best interest of the City. 3. PRELIMINARY PLAT FINDINGS: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, Staff 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; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) Exhibit D PAGE 2 e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the platting of this property 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 consider any public testimony that may be presented to when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. Exhibit D PAGE 3