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Staff ReportChanges to Agenda: Item #4A & B: Isola Creek Subdivision (AZ-12-008 and PP-12-004) -The applicant has requested continuation of these items to the October 18, 2012 P/Z hearing.. Item #4C & D: Villas @Lochsa Falls (AZ-12-009 and PP-12.008) RF ~' F_, T V F,D Application(s): G~~ o t ZU11 - Annexation & Zoning - Preliminary Plat - Alternative Compliance CITY OF C..~l' minty CITY CLERKS OFFICE Size of property, existing zoning, and location: This site consists of two (2) parcels) totaling 5.67 acres, zoned RUT in Ada County, and is located on the west side of N. Linder Road, midway between Chinden & McMillan. Adjacent Land Use & Zoning: 1. North: Lochsa Falls Subdivision; zoned R-4 2. West: Lochsa Falls Subdivision; zoned R-4 3. South: Lochsa Falls Subdivision; zoned R-4 4. East: Rocky Mountain High School; zoned R-8 History: In 2008, City Council approved an annexation, preliminary plat and conditional use permit fora 21-unit multi-family development on the northern parcel. The DA was not signed thus the approvals have expired. Summary of Request: The applicant requests approval to annex & zone a total 5.67 acres of land with R-8 zoning district and preliminary plat 31 residential lots and 5 common lots on 4.95 acres of land. Two existing homes will remain part of the project. Average lot size is 5,321 square feet. The gross density for the proposed plat is 6.26 units to the acre. The proposed zoning and density is consistent with the MDR FLUM designation for this site. The subdivision is planned to have three phases. The first phase includes the three lots that fronton Linder Road. The existing homes on Lot 16 and Lot 25, Block 1 are part of this phase and are required to connect to City Services within 60 days of the date of the annexation ordinance approval by City Council. The second phase will include the development of 17 buildable lots and the third will develop with the remaining 11 buildable lots. W. Cedar Grove Street is stubbed at the western boundary and will be extended with the plat as well as the construction of a new public street (N. Cougar Flat Place). Majority of the proposed lots will take access from the new street. The applicant is requesting Council to allow one driveway from Linder Road to serve as access for the two existing homes and one additional lot being platted. The three (3) residential lots will have the use of a common driveway to ensure vehicles are not backing out on Linder Road. ACHD has informed staff they are recommending to waiver to their commission on the proposed access. The UDC requires the City Council grant a waiver for the access to Linder Road. A 25-foot wide landscape buffer I is required to be installed along Linder Road. Since two homes (are to remain as part of the project, strict conformance to the required buffer width is not feasible. A 10-foot wide landscape is proposed abutting Lots 16, 18 and 25, Block 1. The reduced buffer will contain a total of eleven (11) trees; four (4) more than required by the UDC. Additional landscaping is being provided to off-set the reduced buffer width. Open space being proposed within the plat is 7.37%. Given the proximity of the homes adjacent to Linder Road, it is impossible for the structures to comply with the 25- footstreet setback thus homes will be classified as non-conforming. The structures will comply with the side yard and rear setbacks. The UDC allows the existence ofnon-conforming structures provided any additions or modifications comply with the dimensional standards of the R-8 zone. The applicant has submitted sample elevations to depict the style of homes planned for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding, cedar shake siding, and board and batten siding) decorative shutters, decorative corbels and stone wainscot.. A recommended DA provision requires compliance with the submitted building elevations. Written Testimony: Ross Erickson (response to the staff report) Staff Recommendation: Approval with development agreement provisions and conditions included in Exhibit B of the staff report. Outstanding Issues: The applicant has revised the plat to comply with several recommended conditions by staff and ACHD. Changes to the plat include an increase to Lot 36, Block 1 to meet the minimum dimensional standards and the inclusion of 5-wide attached sidewalks along W. Cedar Grove Street in lieu of the 4-foot wide detached sidewalks and 5-foot wide parkways. Staff recommends the Commission strike condition 1.2.4 and 1.3.9 based on the revisions to the plat. The applicant is also requesting Commission modify the length of time the existing homes are to connect to City services. City code requires connection within 60 days of annexation approval by City Council. The applicant's preference is to connect the existing homes within 18 months of annexation approval. If Commission supports the applicant's request, DA provision B. needs to modified to reflect the new timeline. Notes: STAFF REPORT Hearing Date: October 4, 2012 TO: Planning & Zoning Commission E IDIAN~- FROM: Bill Parsons, Associate City Planner I D A H O 208-884-5533 SUBJECT: AZ-12-009, PP-12-008 and ALT-12-006 -Villas @Lochsa Falls I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Arete Investment Group, LLC has applied for annexation and zoning (AZ) of 5.67 acres of land with an R-8 zoning district and a preliminary plat (PP) for (31)single-family residential lots and 5 common area lots on 4.95 acres of land in an R-8 zoning district for Villas @Lochsa Falls Subdivision. Alternative compliance is also requested to reduce the portion of the required landscape buffer along Linder Road from 25 feet to 10 feet to incorporate the existing homes into the design of the proposed development. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PP and ALT applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Numbers AZ-12-009 and PP-12-008, as presented in the staff report for the hearing date of October 4, 2012, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Numbers AZ-12-009 and PP-12-008, as presented during the hearing on October 4, 2012, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ-12-009 and PP-12-008 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: The site is located on the west side of N. Linder Road midway between W. Chinden Boulevard & W. McMillan Road, in Section 26, Township 4 North, Range 1 West. (Parcel #'s: 50426417201 & 50426417225) B. Owner(s): Arete Investment Group, LLC 2151 W. Teano Drive Meridian, Idaho 83646 C. Applicant: Same as owner Villas @Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 1 D. Representative: Ross Erickson, Erickson Civil, 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 annexation 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: September 17, and October 1, 2012 C. Notices mailed to subject property owners on: September 27, 2012 D. Applicant posted notice on site(s) on: September 23, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: Each parcel is developed with a single family detached home which will be part of the proposed subdivision. Both parcels are zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Lochsa Falls Subdivision; zoned R-4 2. West: Lochsa Falls Subdivision; zoned R-4 3. South: Lochsa Falls Subdivision; zoned R-4 4. East: Rocky Mountain High School; zoned R-8 C. History of Previous Actions: • In 2008, the Council approved the following applications for one of the parcels requesting annexation and platting: 1. Annexation of 3 acres from RUT to the R-15 zone; 2. Preliminary Plat consisting of I residential lot and 1 common lot and; 3. Conditional use permit for 21 multi-family dwelling units. As a condition of approval, the previous developer was to enter into a development agreement to finalize the zoning of the property. Because the DA was never signed and the property never officially annexed into the City, the previous approvals have expired. D. Utilities: 1. Public Works: a. Location of sewer: W Cedar Grove St. b. Location of water: W Cedar Grove St and two connections to N Linder Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA Villas @Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 2 VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Medium Density Residential" (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). 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 proposed project includes 31 residential lots units on 4.95 acres for a gross density of 6.26 dwelling units/acre and thus consistent with the anticipated density of the Comprehensive Plan for this area. 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): • Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54) The proposed residential development will provide housing opportunities in close proximity to the new Fred Meyer shopping center at Chinden & Linder. • Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc. Street buffer landscaping is required adjacent to the arterial street (Linder) proposed within this development in accord with the standards listed in UDC 11-3B-7C. However, the applicant is requesting alternative compliance to reduce a portion of the landscape buffer adjacent to Linder Road to incorporate the existing residences as part of the design. The UDC allows a reduction in the landscape buffer up to 10% of the lot depth if existing structures prohibit conformance with the required landscape buffer. The director is the decision maker on the alternative compliance application. The subject site has existing 6 foot cedar fencing along the southern, western and northern boundaries. The applicant is proposing to construct 6 foot solid fencing along the eastern boundary. Fencing shall comply with the standards listed in UDC 11-3A-7. Prior to any building permits the proposed fencing and temporary fencing must be installed to contain debris. • Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow (Chapter3, pg. 48) The residential subdivision to the west has provided a stub street that provides vehicular connectivity. The applicant will be constructing an internal street network to provide access to the majority of the proposed lots. The applicant is requesting an access point to Linder Road (an arterial) to provide access to the two existing homes and one future home via a common driveway. The proposed access to Linder Road is predicated on the applicant obtaining approval from ACHD and City Council. • Require common areas for all subdivisions (Chapter 3, pg. 54) The applicant is required to provide a landscape buffer adjacent to Linder Road in accord with UDC 11-3B-7C. No other open space is required by the UDC because the plat is less than S acres in size. To complement the existing subdivision to the west, the applicant is proposing to construct 4 foot detached sidewalks and provide S foot wide parkways. Additionally, the applicant is proposing a 3, OSS square foot common lot to complement the entryway into the subdivision from W. Cedar Grove Street. • Protect existing residential properties from incompatible land use development on adjacent parcels (Chapter 3, pg. 52). The subject property is surrounded by single family homes developed with the Lochsa Falls Subdivision, zoned R-4.Although the lot sizes and density is slightly higher than the Villas @Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 3 surrounding Lochsa Falls development, the proposed subdivision complies with the density requirements established with the MDR designation and the proposed R-8 zoning designation. Further, all homes constructed within the subdivision will be single family detached homes. • 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) City services will be extended with the development of the site. The existing homes will be required to connect to City services. • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management, and frontage/backage roads. (Chapter 3, pg. 47) Currently the property has three access points to Linder Road. The applicant is requesting to retain one access point to Linder Road. The access is needed to accommodate the existing homes within the plat design. To facilitate access, the applicant is proposing a common driveway that parallels the roadway to aid in the safe movement of vehicles entering Linder Road. ACHD supports the applicant's request. The applicant is seeking Council waiver for the proposed access point. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) 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 R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the 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. LX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation & Zoning The applicant has applied to annex and zone 5.67 acres (two parcels) of land with an R-8 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the FLUM designation of MDR. Preliminary Plat Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 4 The applicant is requesting preliminary plat approval of 31 residential lots and Scommon lots on 4.95 acres of land. Average lot size is 5,321 square feet. The gross density for the proposed plat is 6.26 units to the acre. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A.6 for the R-8 district. A majority of the lots with take access from a common driveway or a shared driveway. The use of shared driveways and common driveways allows a minimum frontage of 40 feet and a minimum lot size of 4,000 square feet. All of the lot sizes comply with the dimensional standards except for Lot 36, Block 1. The UDC requires all corner properties to have a minimum lot size of 5,000 square feet. The applicant must increase the lot size to comply with the R-8 dimensional standards. Access: W. Cedar Grove Street is stubbed at the western boundary and will be extended with the plat as well as the construction of new public street (N. Cougar Flat Place). Majority of the proposed lots will take access from the new street. Keeping the existing homes as part of the project has necessitated the need to maintain an access to Linder Road. The applicant is requesting Council to allow one driveway from Linder Road to serve as access for the two existing homes and one additional lot being platted. The existing homes already take access from Linder Road thus, the proposal reduces two out of the three accesses. The three residential lots will have the use of a common driveway to ensure vehicles are not backing out on Linder Road. ACRD has informed staff they are recommending to waiver to their commission on the proposed access. The UDC requires the City Council grant a waiver for the access to Linder Road. Phasing Plan: The applicant is proposing to develop the subdivision in three phases. The first phase includes the three lots that front on Linder Road. The existing homes on Lot 16 and Lot 25, Block 1 are part of this phase and are required to connect to City Services within 60 days of the date of the annexation ordinance approval by City Council in accord with MCC 9-1-4A. The second phase will include the development of 17 buildable lots and the third will develop with the remaining 11 buildable lots. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. Street buffer landscaping is required to be installed in accord with UDC 11-3B-7C. Since two homes (Lot 16 and 25, Block 1) are to remain as part of the project, strict conformance to the required buffer width is not feasible. The applicant is requesting alternative compliance to reduce the buffer width from 25 feet to 10 feet abutting Lots 16, 18 and 25, Block 1. The reduced buffer will contain a total of eleven (11) trees; four (4) more than required by the UDC. In addition, the applicant is providing 5-foot wide parkways (UDC requires a minimum of 6-foot wide parkways) along E. Cedar Grove Street and a 3,055 square foot common lot on the north side of the road to 1) provide a highlighted entryway into the subdivision and 2) off-set the loss of landscaping along Linder Road. The applicant is also proposing to retain several mature trees within the 10-foot wide landscape buffer. Staff supports the alternative compliance as requested by the applicant. Because the plat is less than 5 acres in size, the UDC does not require a specific amount of open space to be provided. Open space being proposed within the plat is 7.37%. Non-Conforming Structures: As mentioned earlier, two existing homes (Lot 25 and Lot 16, Block 1) are to remain as part of the subdivision. Given the proximity of the homes adjacent to Linder Road, it is impossible for the structures to comply with the 25-foot street setback thus homes will be classified as non-conforming. The structures will comply with the side yard and rear setbacks. The UDC allows the existence ofnon-conforming structures provided any additions or modifications comply with the dimensional standards of the R-8 zone. Elevations: The applicant has submitted sample elevations to depict the style of homes planned for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding, Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 5 cedar shake siding, and board and batten siding) decorative shutters, decorative corbels and stone wainscot. The design features staff supports is the substantial pillars, covered porches and mix of gable and hip roofs and a mix of building materials. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. A recommended DA provision requires compliance with the submitted building elevations. In summary, Staff recommends approval of the proposed annexation, preliminary plat and alternative compliance request for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 8/24/12) 3. Proposed Landscape Plan (dated: 8/24/12) 4. Proposed Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation D. Required Findings from Unified Development Code Villas @ Lochsa Falls AZ-12-009; PP-012-008; ALT-12-006 PAGE 6 A. Drawings 1. Vicinity Map l~;~hibit A Page 2. Proposed Preliminary Plat (dated: 8/24/12) PRELIMINARY PI.Ai' FOR THE VILLAS Al' LOGHSA FAl.l.3 BI i'UATEO IN A PORTION OF THF_ 6ECTION 26. TOWNSHIP 4 NORTH. RANGE ~ WEBT', ®OISC MCRIOIAN. AOA COV NTY, 16AH0 2012 c~iv-.~MI'wiM~ax.Ice Mimx~n nx~Mte~luwe w~cr~r.~e x2*~x~ hPivLLmuR6t ERiw+ ~.. t ° I 2 IGMN ~~~ ~ ~A111~ O aM...y ~..,..Ye.w .. Z ~,l,.~~.w. w....wr, M ~ .p.w.. ® r ~~ ~ ~ .~rd ..,. e..~.., .. ~~ Ise rw•w..x Oaldob Exhibit A Page 2 I 1 l C"~ .uvcwoP:..n A .~ -~, F.~..~ -saw.. ~ at' ,..._. ,~•• ater* -c~sct~ .~. ~. ~~ - ,. oar. wwr~. _xt,2s..a i'~...,. ....,. ^x~. ~~ e ,. ~ fe ~^ r ~~x .: ~.,° ~ s_~.w ` H~~s. ~~ Knld t10Y/ O lAOwd aranrr. : ...... ~ ~w m r,~mrY y -~~ a~l~a° u+ ~.~M ~uwa -~ r~ ^ ~....... a '~~.. W~....+....w..s. .„ ® ~- ..~ ,....,w~. ~~ o .....,. .'"k "'.~}...~' ^'4ti.w~~"' ~ ~.::~:•w.:z.^ r 5~ ti y~M F Exhibit A Page 3 3. Proposed Landscape Plan (dated: 8/24/12) 4. Proposed Building Elevations for Residential Homes naw ~ • sin ~ Exhibit A Page 4 EXHIBIT B -AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting annexation. 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, at minimum, incorporate the following provisions: A. The applicant shall comply with the submitted elevations attached in Exhibit A.4. B. Within 60 days of the date of the annexation ordinance approval by City Council, the applicant is required to hook up the existing homes on Lot 16 and Lot 25, Block 1 to City water and sewer service, per MCC 9-1-4A. C. The existing residential homes on proposed Lot 16 and Lot 25, Block 1 located within the first development phase are classified as non-conforming structures because they do not comply with the street setback of the R-8 zoning district. As such, these structures may continue subject to the provisions listed in UDC 11-1B-5 Nonconforming Structure. D. The applicant shall obtain approval from ACHD and City Council on the proposed access point to Linder Road. If the access point is approved, the three (3) proposed lots shall take access from the common driveway as proposed. 1.2 Site Specific Conditions of Approval 1.2.1 Per UDC 11-SB-SB2, the Director (at the applicant's request) approved the alternative compliance regarding the 10-foot wide landscape buffer adjacent to lots 16, 18 and Lot 25, Block 1. 1.2.2 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7. 1.2.3 All common driveways shall be constructed in accordance with UDC 11-6C-3D, and be paved a minimum of 20-feet wide with a surface capable of supporting 75,000 lbs. All properties that abut a common driveway shall take access from the driveway. File a perpetual ingress/egress easement for all lots that share a driveway. The applicant may record an easement and include the instrument number on the face of the plat prior to signature of the City Engineer, OR dedicate said easements via the plat. Graphically depict the common driveway easements for each applicable lot on the face of the plat. 1.24 Lot 36, Block 1 on the plat must be revised to meet the 5,000 square foot minimum lot size requirement set forth in Table 11-2A-6. 1.2.5 Shared driveways shall be provided as depicted on the submitted preliminary plat dated 08/24/12. 1.2.6 The applicant shall provide a minimum of 7.37% (15,892) open space as proposed. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC 11-2-A-6. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets unless waived by Council. Exhibit B Page 1 1.3.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C and in accord with the approved alternative compliance. 1.3.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.3.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, shared driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4 Ongoing Conditions of Approval 1.4.1 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. 1.4.2 All common open space shall be maintained by an owner's association as set forth in UDC 11- 3G-3F1. 1.4.3 The project is subject to all current City of Meridian ordinances. 1.4.4 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. 1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.6 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. 1.5 Process Conditions of Approval 1.5.1 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. 1.5.2 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. Exhibit B Page 2 1.5.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.5.4 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. 1.5.5 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. 1.5.6 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 available via extension of mains in W Cedar Grove Road. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2 Water service to this site is available via extension of mains in W Cedar Grove St and two connections to N Linder Road. The applicant. shall be responsible to install two 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. 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 final plat by the City Engineer. 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. Exhibit B Page 3 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, amenities, 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. 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 I 1-12-3H. 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 ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.20 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. 2.21 100 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. 2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by Exhibit B Page 4 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 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to the site design submitted with the application. 4. FIRE DEPARTMENT 4.1 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.2 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.3 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.4 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.5 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on-street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 Construct the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11-3A-7A7 and 11-3B-12C respectively. 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. Exhibit B Page 5 C. Legal Description & Exhibit Map for Annexation ~~-~ YNas at t Ochsa Faf~s -Annexation A parcel located in NE Y. of iha SE 11, of Set#ion 26, Township 4 North, Rar-ge 1 West, 9aisa hferrdian, Ada County„ Idaho, and man pariicula~rty described as follows: Commeing at a 518 inch diameter iron pin marking the northe~at comer of the SE Y. of said Section 26, from wttict~ a brass ~p manurnent markiing the southeast corner of said SE Y. bears $ 0°24'42" V1f a distance ~ 2837,67 fast; Thence S 0°24'42" W abnp the easterly boundary of sapid SE Y a dietanae of 250.00 feet Ea the POINT OF B~GIfJNING; Thersce ctx-tinuinp S 0°'24'43° W along said easterly boundary a distance of 7x0.60 Feet to a paint; Thence iesvir~g said easberiy boundary N 88.35'1$" W along the northerly boundary of Lochaa halls SubdN'visian No. 3 as shown in book 88 of Fiats an Page 8747, nscards of Ada Carnty, Idaho a d~tance pf 352..71 feet to a 518 inch diameter iron pin; Thence leavklg said northerly boundary N 0`24'42` E along the aeaterly boundary of said Lochsa Fa119 5ubdivi$ian Na 3 and the easterly boundary of t.ochsa Fags 5ubdnrisian No. 1 as shovrn in Soak 8fi of Plats on Fapa 9726, records of Ada County, #daho, a distance df 700.50 feet to a 518 inczts diameter iron pin, Them leaving said easter~r boundary S iNi°35'18 1= akmp the southerly boundary of said Lochsa Fella Subdivision No. 9 a distance of 332,71 feet to the POINT QF BEGINNING; This parcasi 4trntains 5.67 acres Clinton W. Hansen, PLS Land Sclutians, PC August 22, 2012 R~,~i AL BY --~.--»---- f2T~ 61iERIQ1AN PUSt-~ yfpAliS DEPT. Itar>r~tti,rtf~ans TNrond suhd4+i~on Jmh rb. 12-13 Exhibit C Page 1 VILLAS AT` LC~~HSA FALLS AN1r+lEXATiC,~ N ~ 1/4 uoo+s+~ Maus 9ueonE~oaw Ha r ~ h 367.T1` Pt~1T QF~ OEC~MpNC 0 SD 140 t ~~ MR CEDIHt fil~'!4E ST. w ~ b p~ A ROVAL ~Y ~~7 MERIDIAN PUBLIC tNr~Fi14" DEPT. ~a ~ ~~~ ~1I~Q~.~i („r„_„~..'-- Land Sun~e}nng and ~o~rs~,ldriy rk n ~ 231 E,iM SY, yrr A .4EW6T71AN, It} fliMl kF ! 6 21181 I1ie.24"fll J7~~ h+u-1SSTiii ww.w WMxlaRao t:u , - . ~ zdw.. Exhibit C Page 2 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex a portion of the subject property from RUT in Ada County to the R-8 zoning district. Staff finds that the proposed map amendment is generally consistent with the medium density residential land use designation for this site Therefore, Staff finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the R-8 zoning district and proposed single- family residential development of the property is generally consistent with the purpose statement of the residential and district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. Staff recommends that the Commission and Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). Staff finds annexing this property with an R-8 zoning district is in the best interest of the City. 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 and is consistent with this unified development code; Staff finds that the proposed plat generally complies with the comprehensive plan and is consistent with the UDC. Staff finds the proposed plat comports to the dimensional standards of the R-8 zoning district and the subdivision regulations set forth in the UDC (please see Section 7 and Section 9 of the Staff Report for detailed analysis that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; Exhibit D Page 1 Staff finds that services can be made available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety or environmental problems associated with the development of the subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. Staff is unaware of any natural, scenic or historic features on this site. Therefore, staff finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council 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. 3. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR Due to the inclusion of the two (2) existing homes into the plat design, strict adherence is not feasible to construct a 25-foot wide landscape buffer. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The applicant's proposal to provide a 3,055 square foot common lot, parkways along W. Cedar Grove Street and the inclusion of four (4) additional trees in the ten-foot buffer provides an equal means for meeting the requirements. Additionally, the applicant is preserving several (4) mature trees in the buffer. Thus, the director finds the proposed alternative meets the intent of the landscape ordinance. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. Exhibit D Page 2 Staff finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. The applicant's proposal provides a buffer width greater than 10% of the lot depth and preserves several mature trees on the site. Exhibit D Page 3