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Centre Pointe Squre PP-13-042 MDA-13-025CITY OF MERIDIAN E IDIAN~-- FINDINGS OF FACT, CONCLUSIONS OF LAW ~ AND IDAHO DECISION & ORDER In the Matter of the Request for a Preliminary Plat Consisting of Forty (40) Residential Lots and Four (4) Common/Other Lots on 5.28 Acres AND Development Agreement Modification to Change the Development Plan from Multi-family to Single Family, Located on the Northeast Corner of E. Fairview Avenue and N. Hickory Way, by Center Point Square, LLC. Case No(s). PP-13-042 and MDA-13-025 For the City Council Hearing Date of: March 18, 25 and April 1, 2014 (Findings on April 15, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 1, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 1, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 1, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 1, 2014, 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). PP-13-042 and MDA-13-025 -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 all in the attached staff report for the hearing date of April 1, 2014, 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 preliminary plat and development agreement modification for Centre Point Square Subdivision is hereby approved per the conditions of approval in the attached staff report for the hearing date of April 1, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 1 I-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the properly 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 may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-SB-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-13-042 and MDA-13-025 -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 may be 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 may be 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 April 1, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP-13-042 and MDA-13-025 -3- t By action of the City Council at its regular meeting held on the day of , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL, MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED li~C.~- ~~ COUNCIL MEMBER LUKE CAVENER VOTED_ (~ COUNCII, MEMBER GENESIS MII,AM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) f~~`°"~--~_ ~.~F,: M~4 ~Weerd ,. ~~ ~ ~ .~ ;, Attest: ,~ ~m~~:~~~~ ~:, y~~ s`a $b ~ ~ ~, cee Hol n, City Clerk ~~~~ ~~~~.~ ,:~~: ;~ ~~ ~~ ~F ~, Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. _.1,~ `_ Dated: ~- ~ ~ - ac~l L~ Ci erk O ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAVV AND DECISION & ORDER CASE NO(S). PP-13-042 and MDA-13-025 -4- EXHIBIT A STAFF REPORT E ~~~~~ Hearing Date: April 1, 2014 ~ ~ ~ N ~~' (Continued from March 18, 2014 and March 25, 2014) TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: PP-13-042 and MDA-13-025 -Centre Point Square 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Center Point Square, LLC, is requesting approval of the following applications: 1) preliminary plat (PP) consisting of forty (40) single family buildable lots and four (4) common/other lots on 5.28 acres of land in an R-15 zoning district and; 2) development agreement modification (MDA) to change the development plan from multi-family to single family. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed preliminary plat and development agreement modification based on the Findings of Fact and Conclusions of Law in Exhibit C subject to the condition of approvals in Exhibit B of the staff report. The Meridian Planning and ZOning Commission heard this item on February 6, 2014. At the public hearing, the Commission voted to recommend approval of the subject PP request. a. Summary of Commission Public Hearing: i. In favor: Bob Unger ii. In opposition: None iii. Commenting: Pat McBraver, Julie and Larry Hysmith, Janet Bailey. Joesph LeMa Elizabeth Gammon, Mark Sessions and Wanda Holsinger iv. Written testimony: John Blakeslee v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Bill Nary b. Kev Issue(s) of Discussion by Commission: i. Design of the single family homes; ii. Traffic calming for the private streets; iii. Aesthetics of the existing townhome development west of this development; iv. The amount of open space being provided. c. Kev Commission Change(s) to Staff Recommendation: i. Commission modified DA provision and required a mix of materials on all facades. ii. Commission modified condition 1.2.2b requiring the applicant obtain written approval from the Apeman Lateral Users Association for the relocation of the existing irrigation facili d. Outstanding Issue(s) for City Council: i. None Centre Point Square PP-13-042; MDA-13-025 - 1 - EXHIBIT A ~, ummarv of Citv Council Public Hearing: 1~ In favor: Bob Unger 1L In onnosition: None jjjs Commenting: ,Tube and L.arrv Hvsmith. Pat McBrayer}Elizabeth Gammon and Brian McClure jy. Written testimony: Draft MOU from Bob Un~er~ Anonymous Letter y~ Staff presenting annlication: Bill Parsons and Justin Lucas Yi. Other staff commenting on annlication: Bill Narv ]2, Kev Issues of Discussion by Council: L Aesthetics of the nronosed develonment: 11. raffic calming for the nrivate streets: 111. Aesthetics of the existing townhome develonment west of this_develonment: jy. Additional DA provisions to ensure the site develops as pronosed: y. Maintenance of the nrivate streets: yy T.andsca i~nP nn the buildable lots. ~, Kev Council Changes to Staff/Commission Recommendation y Council added a several new DA rovision related to the nrivate streets and other issue jj: Council added specific design criteria for the single family dwellings. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers PP-13-042 and MDA-13-025 as presented in staff report for the hearing date of March 25, 2014 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers PP-13-042 and MDA-13-025 as presented during the hearing on March 25, 2014 for the following reasons: (You should state specific reasons for denial of the of the plat.) Continuance I move to continue File Numbers PP-13-042 and MDA-13-025 (optional) 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 (Parcel #80945590010) The subject property is located on the west side of N. Eagle Road, south of E. Ustick Road in the northeast '/a of Section 5, Township 3 North, Range 1 East. B. Applicant/Owner: Center Point Square, LLC 220 Bobwhite Court, suite #220 Boise, ID 83706 D. Representative: Bob Unger, ULC Management LLC, (861-5220) Centre Point Square PP-13-042; MDA-13-025 - 2 - EXHIBIT A E. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject applications are for a preliminary plat and a development agreement modification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 20, and February 3, 2014 (Commission); February 24, and March 10.2014 (Council) C. Radius notices mailed to properties within 300 feet on: January 9, 2014 (Commission); February 20, 2014 (Council) D. Applicant posted notice on site by: January 27, 2014 (Commission); March 6, 2014 (Council) 6. LAND USE A. Existing Land Use(s): The subject property is currently vacant land, zoned R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This area is predominantly developed with a mix of single family residences and several commercial buildings, zoned R1, R- 2, R-8, R-15 and C-G. C. History of Previous Actions: In 2012, the property received approval of a new preliminary plat (PP-12-013) and development agreement modification (MDA-12-008) (DA instrument #113019368) to develop twenty-eight (28) single family lots and one (1)multi-family lot. A subsequent final plat (FP-13-002) was recorded consistent with the approved preliminary plat. The single family lots are developed with single family attached homes. The platted multi-family lot is being further subdivided with the subject application. D. Utilities: 1. Public Works: a. Location of water: All utilities are available in the adjacent private streets. b. Location of sewer: All utilities are available in the adjacent private streets. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Alleman Lateral is tiled and bisects the property. The applicant is proposing to re-route this lateral to accommodate the design of the proposed development. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not impacted by the flood plain. 7. COMPREHENSIVE PLAN POLICIES AND GOALS The site is designated "Mixed-use Regional" on the future land use map. The mixed-use area anticipates densities between six (6) and forty (40) dwellings per acre. The proposed preliminary plat includes 40 residential lots and 4 common lots on 5.28 acres for a total gross density of 7.58 dwelling units/acre which falls within the density parameters stated in the Comprehensive Plan. 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): 1. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F, pg. 45) Centre Point Square PP-13-042; MDA-13-025 - 3 - EXHIBIT A City services are available to service the proposed development. 2. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow." (3.03.03C, pg. 48) All of the public and private roadways are constructed within the development providing access to Ustick Road and Eagle Road. The road network is not changing with the subject application. N. Cajun Lane is stubbed to the property to the north for future connectivity. 3. "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B, pg. 48) The Bienville Square Subdivision was approved with pedestrian connectivity consistent with the MU-R designation. A 10 foot wide multi-use pathway was constructed along the southern and western boundaries and several internal micropaths were constructed with previous phases. The proposed development also includes interconnected pathways that provides connectivity to the existing system and links the residential portion of the development with the commercial development adjacent to Eagle Road. 4. "Require common areas for all subdivisions." (3.07.02F, pg. 55) The applicant is required to provide and maintain 10 percent of common open space per the recorded development agreement. The submitted plan depicts approximately 1.06 acres of common open space which exceeds the requirement of the DA. The primary open space for the development is a central mew lot which is approximately 39, 000 square feet. 5. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.O1F, pg. 53). Originally, the project envisioned a multi family component for the property. During the previous hearing the neighbors voiced concerns with a multi family development within Bienville Square Subdivision. Based on these concerns, the applicant has elected to proceed with a DA modification to plat additional single family lots. The applicant is proposing to develop forty (40) additional single family lots with a mix of single family detached and single family attached homes consistent with the adjacent single family developments. Further, the applicant is proposing a mew development to increase the usable open space within the development. Although the applicant is proposing a different development plan for the site, staff is of the opinion the proposed development maintains the residential component of the mixed use area, provides additional open space and adequate buffering between the commercial area and the existing single family to the west. 6. "Encourage infill development in vacant/undeveloped areas within the City over fringe area development to halt the outward progression of urban development." (5.01.02B, pg. 69) This is the last remnant residential parcel to develop consistent with this objective. 7. "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020, pg. 56) The single family homes within the proposed development will be subject to the design standards in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Based on the above analysis, staff is of the opinion that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-15): The purpose of the residential districts is Centre Point Square PP-13-042; MDA-13-025 - 4 - EXHIBIT A 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 Control: Unified Development Code (UDC) 11-ZA-2 lists single family detached and single family attached housing as a principally permitted use in the R-15 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 zoning district. D. Landscaping: 1. The proposed micropath is required to comply with the design standards in accord with UDC 11-3A-8 and UDC 11-3B-12. 2. Percentage of site as open space: Per UDC I1-3G-3, the previous plat was required to provide 10 percent open space and one site amenity. A provision in the recorded DA requires compliance with this requirement with the development of this property. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: MDA Application: The applicant is proposing to re-plat Lot 31, Block 2 of Bienville Square Subdivision No. 2. The previous plat approved a single 4.23 acre multi-family lot. Currently, this lot is developed with the open space approved with Bienville Square Subdivision No. 2 as allowed under the recorded DA. Now that multi-family is no longer proposed for the development, the applicant must amend the DA to allow the single family development and maintain the 10 percent open space. Staff has identified the appropriate DA sections that need to be modified: • Section 4.1: The second phase includes the development of up to 28 single family lots ~ ~"'''~ f '„~';~'~' and 5 common/other lots pertinent to PP-12-013 application. Section 6, provision 6.1.14: , ~:~ith the-€rrst-~~se~Reve~~ei3t. Said-l~~-~~t-rep ~a '~~ ~+°:~~a '". •'~~ r''ib'rircv~dviieFS-irrrovicrtk6ir-ciircxfae'1201(~miei~t-t~~£A13ASe~-~6~-I~9+ '1 r~i,••wi'c-i-: ~i'~i~-'r rme de~elop~e~rt~~~t~ D,,.,.,. , .., ~+ ,.~ o _ ... i.~ ;,,,.a r ~i,., ;;et~e~i~~t~e~rf ~",.,,;,,;..;~~. Development of the Centre Point Subdivision shall substantially comply with the preliminary plat. the landscape plans and sample elevations in Exhibit A. Add new language to Section 4 and Section 6: • Section 4: The third phase includes the development of up to 40 single family lots and 4 common/other lots pertinent to PP-13-042 application. Section 6: All single family homes (detached and attached) within the proposed development shall obtain certificate of the zoning compliance and administrative design review approval. The rear of the structures on Lots 24-35 and Lots 42-44, Block 3 that face N. Cajun. Lane shall incorporate articulation and modulation throu hgh changes in materials, color, fenestration and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Centre Point Square PP-13-042; MDA-13-025 - 5 - EXHIBIT A Preliminary Plat (PP): The applicant is requesting preliminary plat approval of forty (40) residential lots and four (4) common/other lots on 5.28 acres of land. The proposed single family lots range in size from 2,557 square feet up to 4,849 square feet respectively. The gross density for the proposed plat is 7.58 dwelling units to the acre; excluding the private street lot (Lot 1, Block 3) the gross density is 9.46 dwelling units to the acre. The property is zoned R-15 and all of the proposed lots must comply with the dimensional standards established in the UDC. The R-15 zoning district does not have a minimum street frontage requirement and the minimum lot size per dwelling unit is 2,400 square feet. After reviewing the plat all of the proposed lots comply with the R-15 dimensional standards. Street Network: The Bienville Square Subdivision was approved with both public and private streets. The single family homes will take access from an existing private alley and an existing private street, N. Cajun Lane. Under the UDC, single family dwellings are allowed to take access from private streets when the plat is designed with a common mew. Since the proposed development incorporates the common mew and the internal street connections have already been approved and constructed, staff supports the connectivity as proposed. Several of the lots (Lots 37-44, Block 3) will take access from common driveways reducing the number of driveways to the abutting roadway to ensure vehicles are not backing out into the N. Cajun Lane intersection and round-about. With a final plat application, the applicant must depict the common drive easements on the face of the plat or plat the common driveways as 20-foot wide common lots in accord with the standards set forth in UDC 11-6C-3D. Open Space/Amenities: Currently this property is developed with a 37,250 square foot common lot and a tot lot as allowed under the recorded DA. This provision also allows the open space to be relocated on the site once development is proposed if an equal amount of open space is being provided. Staff has reviewed the submitted landscape plan for conformance with these requirements. The primary open space for the development consists of a 38,996 square foot mew lot. The primary amenities will be several sitting benches, walking paths, a tot lot, and a gazebo. Since the proposed open space and site amenities exceed the requirements of the recorded DA and the UDC, staff is supportive of the open space and site amenities. The applicant has also submitted a detail of the landscaping proposed for the buildable lots. The UDC does not regulate landscaping on single family lots however; staff is of the opinion that similar planter beds should be incorporated along the front porches of the residential units to delineate the private porches from the common open space. Further, the entire residential units front on the mew lot without pedestrian connections to the main entries of the residential units. With the future CZC and DES application submittal the applicant should submit a revised landscape plan that incorporates the planter beds in front of the porches. With the final plat submittal, the revised landscape plan should include the pedestrian connections from the main entries of the units to the sidewalks within the mew lot. Other Landscape Requirements: a. The micropath between Lots 8 and 9, Block 3 must be installed in accord with UDC 11- 3A-8 and UDC 11-3B-12. b. All proposed fencing must be installed in accord with UDC I 1-3A-7. Existing Irrigation Easement: As mentioned above, this property is bifurcated by an existing 20-foot wide Apeman Lateral User's Association easement. Currently, Lot 2, Lots 9-11 and Lots 32-35, Block 3 are encumbered by the easement. As part of the development, the applicant is Centre Point Square PP-13-042; MDA-13-025 - 6 - EXHIBIT A proposing to re-route the underground irrigation pipe and establish a new 20-foot wide irrigation easement. Prior to signature on the final plat, the applicant must obtain approval of a vacation application to remove the existing irrigation easement from the affected lots. Building Elevations: Sample building elevations have been submitted with the subject applications and are meant to represent the design theme of the proposed development (see Exhibit A.4). Since a development agreement modification is accompanying the preliminary plat, staff believes the proposed elevations should be included in the amended development agreement to ensure the project develops as proposed by the applicant. Staff supports the mix of materials (e.g. stucco, wood siding, stone and brick accents, exposed timbers, mix of colors, decorative trim, decorative corbels and a mix of metal and composite roofing and the mix of contemporary and traditional designs of the homes. The design features include- the variations in the wall and roof planes, front court yards, covered porches, and balanced fenestration. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrates high quality materials. However, staff has concerns the rear elevations of the homes that will front on N. Cajun Lane (Lots 24-35 and Lots 42-44, Block 3) as these elevations will be visible from Eagle Road. Although single family homes are not required to obtain design review approval, the Meridian Design Manual encourages similar building materials and mix of materials be incorporated into all sides of the future homes, specifically, for those facades that face a public street and common open space. The applicant should keep this in mind when designing homes adjacent to the aforementioned roadway. Prior to the issuance of a building permit, staff will review all home elevations as described above to ensure conformance with these design features. A recommended provision of the DA requires all future single family homes obtain certificate of zoning compliance and administrative design review approval. Based on the analysis above, staff finds the proposed plat complies with the Comprehensive Plan and the requirements of the UDC through the conditions and recommends approval of the proposed plat. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 03/21/14) (REVISED) 3. Proposed Landscape Plans (dated: 12/17/13) 4. Sample 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. Required Findings from Unified Development Code Centre Point Square PP-13-042; MDA-13-025 - 7 - EXHIBIT A A. Drawings l . Vicinity Map Exhibit A - 1 - EXHIBIT A 2. 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Proposed Landscape Plans (dated: 12/17/13) -~. - e {'Wlt .~ ; .m ~:.,~ ,. r l t,,~ I 1 .n.:.c .. _......ri.__~., _~ . ^~. w , +~ t ...., Y:.~ ~ ~. ~ . ~..,~.rc M ! ~ w p ~ e. • ~~ f ~~. Ca , ~~. - 1 _ ! ~., ~ ~. G.7 _ lsrdscopa Plan i..,~...,~: i IEf~I a ~. X1' ~ _,_._..._.._.__._._~_.._ ° ~ 7 4 _ i ~ U t Shoal (nmNoloe 2 ~ FT .S ?" ~ wi' ,sad' M,A [(I C lflMrt'l~14 ~9lh Ngf9c s {~tCX WI (W ~.1tltA~IN ~l~t6 ~ ~~ ~. ~ .~; -~ Exhibit A - 3 - EXHIBIT A ~ 1 c y a, t'{•~ I s 1rt ~~ ~ ~~+ . ~ ~„_. +. ~~ z ' LL ~ r. ~ . t a s w+. ~..a d y -t ww.~ae +.~e.w ww+r.. ,. ~ ~ •~ . .. -.w~ d/ ~ `~ v .~ w ate. s»~~ ~ $.,.^'~ ~wx ~ ay `a *a''ar 4 ~ ~" ' / ~~ ~~ li t - ... ~.,. ~. c ,..._ r __ P18n EMar nt ~~,.....~. ~ r.....«.,~» co,.rp Exhibit A - 4 - EXHIBIT A 4. Proposed Elevations .,, .. Exhibit A - 5 - EXHIBIT A B. Conditions of Approval 1. Planning Division 1.1 DEVELOPMENT AGREEMENT MODIFICATION 1.1.1 The DA shall be signed by the property owner and returned to the City within two years of the City Council granting the approval. The amended DA must be approved and recorded prior to submitting the final plat application. The applicant shall contact the City Attorney's office (898-5506) to initiate this process. The amended DA shall include the following modification: • Section 4.1: The second phase includes the development of up to 28 single family lots ~ ~~ ~^~~'; ~ 1^* and 5 common/other lots pertinent to PP-12-013 application. • Section 6, provision 6.1.14: T''° ~ ~°-' ~ 1^*° ^~ T ^* , >?,^^'- , °1,.,11 w° :.,..*°71 a w~tl3~€i~st~hase-e€ develep~ten . ~a '~° ~•°:^°a ''.. •'~° l~:me~ers asseFiatien until developmenr-is~rePe^°a ~ ~ T ,, l~lesk 1. Wit# the + F ~ 1.,. ' a a r +t, 16~H~et3~6~ I~A~}~1sE}r }-Qire~us~-urnvuiic-vr~porr~puve=rrraic-oc-prm~zcrcc~vr-criG 13eoe€T--ef t}~e et~tir ..,.w,l:..:..:^~. Development of the Centre Point Subdivision shall substantially comply with the prelim_ nary plat, the landscape plans and the sample elevations in Exhibit A. Add new language to Section 4 and Section 6: Section 4: The third phase includes the development of up to 40 single family lots and 4 common/other lots pertinent to the PP-13-042 application. Section 6: • Tl,° ..1 :.. ,.~ ..1....~t f`~ln^triirt 1.' / \ '~1.' lr D' .] T L.' • • •1. s l ---- ----- __cz:icuacc:n~rrcrrcrx-arrzvrsza~c~unrccxzv-mo-r „ L:,.° Ad.,....1..., 11 'TL.^ ..L.:., .,/..\ ..L...11 L.,. ,1 ,...: ,_...,.,7 ..«,] ,.,...a:l:,_,7 L_... 1:.. ,._..,. ,.1 a~_ rr _ trGtL~Ctt-<Yilii~6 ~n~inPer. Thirfd~s>~mel~ *• ~ it >, ti, •.+ a •«>, x 1 , ~ 1• .• m~rccoc~rcm.rnricn-i~rc-ca~ozrovr'mr. • The Developer shall prepare and record such legal documents (including the existin Sg hared Maintenance and Use Agreement) to remove the Jackson Square Homeowners Association from any maintenance obligations and liability for the private roads (E Picard Lane E Bourbon Lane, N. Cajun Lane) located within Bienville Square Subdivision Said document shall be approved by the Association and recorded prior to Final Plat approval by The Cit~of Meridian. • The Developer shall install two (2) Meridian Fire Department approved traffic calming devices (Speed Cushions) on E. Picard Lane and one (1) Meridian Fire Department approved traffic calming device (Speed Cushions) on E Bourbon Lane as a part of the Centre Point Sauare construction. These Seed Cushions are to be installed as a deterrent to "cut througJl traffic" and to facilitate the reduction of vehicular speed on E. Picard Lane and E. Bourbon Lane. • The Developer shall make repairs to the existingpathway located on Lot 22 Block 1 Bienville Square Subdivision where adjacent to the proposed Centre Point Square development. • The Developer shall ost no ap rking. signs on one side of the private streets (E Picard Lane E. Bourbon Lane. N. Cajun Lane). • All single family homes (detached and attached) within the proposed development shall obtain certificate of the zoning compliance and administrative design review approval. ~e r° ..f'+1,° ..~.-...~, ° T ..~~ 7A 2c „,d T ..~.. n7 nn D1...,L Z •1,.,• F ~ AT !`.. T All dwellings within the develo ment shall incorporate articulation and modulation through Exhibit B _ 1 _ EXHIBIT A changes in materials, color, fenestration and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in a manner that incorporates design features uch as. but not limited to. the followine: • Composite roofing (no metall• • rovide at a minimum. two (21 siding materials (e.g. stucco. board and batten. cedar shake and horizontal lapl: • Stone and/or brick wainscot/accents• • vered front porches and/or enclosed patios in accord with the approved elevations: • Decorative trim. shutters. corbels. non-outs. front porch columns and dormers: • Four (41 distinct color schemes in earth tone colors: • Each dwelling shall have its own distinct exterior elevations to avoid a monotonous design within the development: and • Each buildable lot shall be landscaped in accord with sheet L1.01. Minor deviations to the landscape elan may be at2proved durine CZC and DES review nrovided the ~onosed chap es to the plantings do not decrease in number or size. 1.2 SITE SPECIFIC REQUIREMENTS -PRELIMINARY PLAT 1.2.1 The project is subject to all current City of Meridian ordinances and any applicable conditions of approval associated with this site (AZ-OS-057, PP-OS-059, RZ-OS-019, PS-OS-002, CUP-OS-052, PP-12-013, MDA-12-008, FP-13-002 and Development Agreement Instrument No(s). 107044347 and 113019368). 1.2.2 The preliminary plat labeled Sheet 1, prepared by ULC Management, LLC, dated 12/02/13, shall be revised as follows: a. Lots 37-44, Block 3 shall take access from common driveways as proposed. All common drives shall be designed in accordance with UDC 11-6C-3D. An exhibit depicting the setbacks, building envelope an orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveways. b. Prior to signature on the final plat, the applicant must obtain approval of a vacation application to remove the existing 20-foot wide irrigation easement from Lot 2, Lots 9-11 and Lots 32-35, Block 3. The applicant must obtain written approval from the Alleman Lateral Users Association prior to the relocation of the irrigation facility c. No parking signs shall be posted on one side of the private streets (E. Picard Lane, E. Bourbon Lane, N. Cajun Lane). 1.2.3 The landscape plan, dated 12/17/13, shall be revised as follows: a. The micropath between lots 8 and 9, Block 3 must be installed in accord with UDC 11-3A-8 and UDC 11-3B-12. b. The applicant shall comply with proposed open space and site amenities represented on the submitted landscape plan in Exhibit A. Details of the tot lot and gazebo area shall be provided with a final plat application. c. The applicant shall install similar planter beds along each of the front porches of the residential units to delineate the private porches from the common open space in accord with the plant materials shown on sheet L-1.01. Consistency with these plant materials will be Exhibit B - 2 - EXHIBIT A reviewed with each certificate of zoning compliance and administrative design review application. d. Provide pedestrian connections from the main entries of the residential units to the sidewalks within the mew lot. e. All fencing shall be designed in accord with UDC 11-3A-7. f. All common open space and site amenities shall be maintained by a home owner's association as set forth in UDC 11-3G-3F1. g. All existing landscaping not being removed within the boundaries of the project must remain protected during construction on the site in accord with UDC 11-3B-10. h. 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. 1.2.4 Prior to the issuance of a building permit, the applicant must obtain approval of a certificate of zoning compliance and administrative design review applications for all of the single family homes and record a final plat. GENERAL REQUIREMENTS -PRELIMINARY PLAT 1.3.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in Chapter District Regulations. 1.3.2 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.3 The project is subject to all current City of Meridian ordinances. Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 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 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. 1.3.6 The applicant shall coordinate all subdivision improvements with the Nampa Meridian Irrigation District. 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 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. 1.3.9 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.10 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-SJ. 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. Exhibit B - 3 - EXHIBIT A 1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.3 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. 1.4.4 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. 1.4.5 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. 2. Public Works Department 2.1 GENERAL CONDITIONS OF APPROVAL 2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of--way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit ari executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.1.4 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 receiving development plan approval. 2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.1.6 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 I 1-3A-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. Exhibit B - 4 - EXHIBIT A 2.1.7 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. 2.1.8 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. 2.1.9 Street signs are to be in place, sanitary sewer and 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. 2.1.10 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. 2.1.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.12 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. 2.1.13 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. 2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.17 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. 2.1.18 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. 2.1.19 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. 2.1.20 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. 2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not Exhibit B - g - EXHIBIT A exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.1.22 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 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. 2.1.23 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. 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 drive aisle. b. Fire hydrants 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 placed 18" above finished grade to the center of the 4 '/z" outlets. g. Fire hydrants shall be provided to meet the requirements of 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 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. 3.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.5 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. 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 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). Exhibit B - 6 EXHIBIT A a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 3.8 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4. Parks Department 4.1 The Parks Department has no concerns related to the submitted application. 5. Police Department 5.1 The Police Department has no concerns related to the site design submitted with the application. 6. Republic Services 6.1 Cart service shall be provided from the alley and N. Cajun Lane. 7. Ada County Highway District 7.1.1 Comply with all the site specific conditions and standard conditions of approvals approved with MPP-OS-059 application. Exhibit B - '7 - EXHIBIT A C. Required Findings from Unified Development Code 1. 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; The Council finds that the proposed plat generally complies with the comprehensive plan and is consistent with the UDC. The Council finds the proposed plat comports to the dimensional standards of the R-15 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; The Council finds that services are readily available to accommodate the proposed development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the 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; The Council rely upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of the subdivision. ACRD considers road safety issues in their analysis. The Council referenced all public testimony that was presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 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 Council referenced all public testimony that was presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Exhibit C - 1 -