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Staff Report PZChanges to Agenda: Item #4A, B: Victory Middle School (AZ -14.006; CUP -14.003) — ACHD requests continuance to July 171h The additional time is needed for the applicant to coordinate with ACHD and the City regarding pedestrian connectivity for the proposed middle school. Staff has met with ACHD and plans to meet with the applicant prior the hearing on the 17tH. Item #4C: Sugarman Subdivision (AZ -14.007) Application(s): ➢ Annexation & Zoning Size of property, existing zoning, and location: This annexation area consists of 5.04 acres of land, is currently zoned RUT, and is located at 1450 W. Ustick Road at the NEC of N. Linder and W. Ustick Roads. Adjacent Land Use & Zoning: North: Rural residential/agricultural property, zoned R1 in Ada County East: Agricultural property, zoned RUT in Ada County South: Rural residential/agricultural property, zoned RUT in Ada County West: N. Linder Road; vacant/undeveloped land, zoned C -C History: None Summary of Request: The applicant requests annexation & zoning of 5.04 acres of land with a C -C zoning district consistent with the MU -C land use designation shown on the FLUM for this site. A conceptual development plan is proposed that depicts a 3,600 s.f. gas station, a 12,500 s.f. retail/commercial multi -tenant building and a 5,000 s.f. bank with a drive-thru. Because the drive-thru is depicted at the east boundary of the site adjacent to property that is designated for residential use, staff recommends the concept plan is revised to relocate the drive-thru intemally within the site. Access is depicted on the concept plan via Linder & Ustick Roads with cross -access to the north. A short plat is also proposed consisting of 4 building lots which will go before the Council for approval; this does not require Commission action. Comprehensive Plan FLUM Designation: MU -C (Mixed Use — Community) Written Testimony: Laren Bailey Staff Recommendation: Approval w/conditions Notes: STAFF REPORT Hearing Date: June 5, 2014 TO: Planning & Zoning Commission E IDIAN-- FROM: Sonya Watters, Associate City Planner I D A H O 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -14-007; SHP-14-001 — Sugarman Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, George Sugarman, has submitted an application for annexation and zoning (AZ) of 5.04 acres of land with a C -C zoning district. A short plat (SHP) is also proposed consisting of 4 building lots on 3.99 acres of land for Sugarman Subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and SHP 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 -14-007 & SHP-14-001, as presented in the staff report for the hearing date of June 5, 2014, 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 -14-007 & SHP-14-001, as presented during the hearing on June 5, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-007 & SHP-14-001 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 at 1450 W. Ustick Road, in the SW'/4 of Section 36, Township 4 North, Range 1 West. (Parcel #: S04363361 11) B. Owner(s): George Sugarman 1049 Columbia Circle El Dorado Hills, CA 95762 C. Applicant: Same as owner Sugarman Subdivision AZ -14-007; SHP-14-001 PAGE 1 D. Representative: Laren Bailey, LEI Engineers 3023 E. Copperpoint Drive, Ste. 201 Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and short plat. A public hearing is required before the Planning & Zoning Commission and City Council on the annexation and zoning application; a public hearing is only required before the City Council on the short plat, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 19, and June 2, 2014 C. Radius notices mailed to properties within 300 feet on: May 8, 2014 D. Applicant posted notice on site(s) on: May 22, 2014 VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of agricultural property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential/agricultural property, zoned R1 in Ada County 2. East: Agricultural property, zoned RUT in Ada County 3. South: Rural residential/agricultural property, zoned RUT in Ada County 4. West: N. Linder Road; vacant/undeveloped land, zoned C -C C. History of Previous Actions: None D. Utilities: 1. Location of sewer: Sanitary sewer service to the proposed development currently exists in W. Ustick Road. 2. Location of water: Domestic water service to the proposed development currently exists in W. Ustick Road and N. Linder Road. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is a ditch that bisects this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Mixed Use - Commercial (MU -C) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The purpose of the MU -C designation is to allocate areas where community -serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, Sugarman Subdivision AZ -14-007; SHP-14-001 PAGE 2 including residential, and to avoid mainly single -use and strip commercial type buildings. All developments should have a mix of at least three land use types. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. The applicant proposes to annex the subject property with a C -C zoning district and develop the site with a 3,600 square foot (s.f.) gas station, a 12,500 s.f. retail/commercial multi -tenant building, and a 5,000 s.f. bank. Staff finds the proposal will provide a mix of 3 different types of land uses as desired; the adjacent properties to the north and east are designed medium density residential (MDR) on the FLUM, which will provide the residential component desired in 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): • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The UDC (Table 11-2B-3) requires a 25 foot wide landscape buffer to residential uses along the north and east boundaries of the site to protect existing and future residential properties. Currently, there are no residences directly adjacent to the site. • "Encourage infill development." (3.01.02B) The subject property is part of a larger area in the county that is surrounded by City annexed property; annexation of this infill property will allow city services to be extended to the property as intended and provided for. • "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) No pedestrian connections are depicted on the concept plan to adjacent properties. Staff recommends a pedestrian pathway is provided to the north and east for future interconnectivity. • "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.04B) Landscaping is required within the planter islands in the parking areas with development of this site. • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) A 25 foot wide landscape buffer is required along W. Ustick and N. Linder Roads as shown on the landscape plan in accord with the standards listed in UDC Table 11-2A-7 & 11-3B-7. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.0 IF) City services are available and will be extended with the development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian Comprehensive Plan. Small-scale convenience uses with limited hours of operation and access to arterial or collector streets are desired in the C -N district. Sugarman Subdivision AZ -14-007; SHP-14-001 PAGE 3 B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for a fuel sales facility, retail shops, and a financial institution are all principal permitted uses in the C- C zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2B-3 for the C -C zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2B-3 for the C -C zoning district. E. Off -Street Vehicle Parking/Bicycle Parking: Off-street vehicle parking and bicycle parking is required in accord with UDC 11-3C-6 for nonresidential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 5.04 acres of land with a C -C zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MU -C. A conceptual development plan is shown on the landscape plan included in Exhibit A.2 that depicts a 3,600 square foot (s.f.) gas station, a 12,500 s.f. retail/commercial multi -tenant building and a 5,000 s.f. bank with a drive-thru. The drive-thru is shown on the east side of the structure adjacent to the east boundary of the site next to land that is designated for residential uses on the FLUM. Staff recommends the drive-thru is relocated internally to lessen noise impacts on future adjacent residences; the plan should be revised accordingly prior to the City Council meeting. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-651 IA. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is MU -C, which allows for a mix of community serving uses, Staff believes the proposed C -C zoning is appropriate for this property. 2. Short Plat The proposed short plat consists of 4 building lots on 3.99 acres of land in a proposed C -C zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-213-3. A 25 -foot wide landscape street buffer is required along Ustick and Linder Roads and a 25 -foot wide landscape buffer is required along the north and east boundaries adjacent to existing and future residential uses. There are no required building setbacks other than those where landscape buffers are required; buildings may not encroach within the buffers. The landscape plan should be revised to reflect the required street Sugarman Subdivision AZ -14-007; SHP-14-001 PAGE 4 buffer widths and landscaping in accord with UDC Table 11-213-3 and 11-313-7C respectively prior to the City Council meeting. Existing Structure(s): There are no existing structures on the site. Access: Access to this site is proposed on the plat via W. Ustick Road and N. Linder Road. Staff recommends access to N. Linder Road is restricted to right-in/right-out and access to W. Ustick Road should be determined by ACHD. Staff has not yet received the ACHD report. An access easement is depicted on the plat, centered on the common lot line between Lots 3 and 4, from W. Ustick Road to the north property boundary for future interconnectivity and to the west boundary across Lots 1-3. Access is not available to this site via a local street. Where access to a local access is not available, cross -access /ingress -egress easements are required to be granted to adjoining properties in accord with UDC 11 -3A -3A.2. Therefore, staff recommends that cross -access is provided to the property to the north as shown on the plat. However, staff does not recommend cross -access is provided to the east; staff believes one access to the adjacent future residential neighborhood is sufficient. Utilities: Street lighting is required to be installed within and adjacent to the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along N. Linder Road and W. Ustick Road; and a minimum 25 -foot wide buffer is required along the north and east boundaries of the site adjacent to existing and future residential uses. Landscaping within these buffers is required to comply with the standards listed in UDC 11-313-7C and 11-313-9C respectively. The street buffers are required to be depicted on the face of the plat within a common lot or on a permanent dedicated buffer and a note should be included stating the buffer will be maintained by the property owner or business owner's association. The buffer to residential uses is required with development of each lot and is required to be a minimum of 25 feet wide. Tree Mitigation: There are no existing trees on the site. Sidewalks: Detached sidewalks are required along arterial streets as set forth in UDC 11-3A-17. Attached sidewalks were recently constructed by ACHD with the intersection improvements along the frontage of the site on Linder Road and most of Ustick Road, except for 150+/- feet near the east boundary. In the area where no sidewalk exists, a detached sidewalk is required to be constructed in accord with UDC requirements. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. However, the pathway system crosses the right-of-way at the southwest corner of the site from the south and continues to the west. Sugarman Subdivision AZ -14-007; SHP-14-001 PAGE 5 The concept plan does not depict any pathways to adjacent properties. To promote neighborhood interconnectivity, staff recommends pedestrian pathways are provided to the north and east. The concept plan should be revised accordingly. Waterways: A ditch bisects this site from east to west. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. The final plat should depict the easement for the ditch on the face of the plat. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant did not submit conceptual building elevations for the future structures within this development. Future development is required to comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Fencing: No fencing is depicts on the landscape plan. The site plan depicts an existing fence around the perimeter of the property. All fencing should comply with the standards listed in UDC 11-3A-613 and 11-3A-7. In summary, Staff recommends approval of the proposed annexation and short plat request for this site with a development agreement and 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 Final Plat (dated: 4/21/14) 3. Proposed Landscape Plan (dated: 9/9/13) 4. Site Plan (dated: 3/14/14) B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Sugarman Subdivision AZ -14-007; SHP-14-001 PAGE 6 A. Drawings 1. Vicinity Map Exhibit A Page 1 2. Proposed Final Plat (dated: 4/21/14) FILIAL PLAT SHOWING FOR �— SUGARMAN SUBDIVISION s� x A POROON OF THE SOUTHWEST 1/4 Of SECTION A WMS tAc TOWNSHIP i NORTH. 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PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 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 Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to W. Ustick Road and N. Linder Road is prohibited except for the access points approved with the plat in accord with UDC 11-3A-3. Access to N. Linder Road shall be restricted to right-in/right-out and access to W. Ustick Road shall be determined by ACRD. b. Future development of this site shall be generally consistent with the conceptual development plan shown on the landscape plan in Exhibit A.2, except for the drive-thru shall be relocated (if proposed) internally and not be located along the east or north boundaries of the site adjacent to existing and future residential properties. c. A drive-thru establishment shall not be located along the north or east boundaries of the site adjacent to existing and future residential uses. 1.1.2 The final plat included in Exhibit A.2 dated 4/21/14 shall be revised as follows: a. Depict an irrigation easement on the face of the plat for the waterway that bisects this site. 1.1.3 The landscape plan included in Exhibit A.3 dated 9/9/13 shall be revised prior to the City Council meeting as follows: a. The drive-thru depicted at the east boundary of the site should be relocated internally as noted above in condition #1.1.1b. b. Depict a minimum 25 -foot wide street buffer along N. Linder Road and W. Ustick Road and landscaping in accord with UDC Table 11-2B-3 and 11-313-7C respectively. The street buffer width is measured from the back of the existing sidewalk where the sidewalk is attached to the curb and from the back of curb where the sidewalk is detached. c. Depict a minimum 25 -foot wide buffer to residential uses along the north and east boundaries of the site in accord with UDC Table 11-213-3. d. The drive-thru shall be relocated (if proposed) internally and not be located along the east or north boundaries of the site adjacent to existing and future residential properties. e. Depict pedestrian connections the north and east for future interconnectivity. 1.1.4 In the area where no sidewalk exists along W. Ustick Road, a minimum 5 -foot wide detached sidewalk is required to be constructed in accord with UDC 11-3A-17. 1.1.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. -3- 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to N. Linder Road and W. Ustick Road is prohibited except for the access points approved with the plat. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B - 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5 and 11-313-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 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 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3 G -3F 1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. -4- 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 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. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat asset forth in UDC 11-6B-3 C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-613- 713 (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. 2.1.2 The pre -directional indicators need to be added to the final plat map (N. Linder Road, and W. Ustick Road). 2.2 General Conditions of Approval 2.2.1 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. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 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 an 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 -5- 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. 2.2.4 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, a single -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 prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 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. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 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. 2.2.9 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. 2.2.10 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. 2.2.11 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. 2.2.12 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. 2.2.13 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. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. -6- 2.2.17 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. 2.2.18 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. 2.2.19 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. 2.2.20 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. 2.2.21 100 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 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. 2.2.22 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 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. 2.2.23 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 with this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comment on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment on this application. 6. PARKS DEPARTMENT 6.1 The Park's Department has no comment on this application. -7- 7. ADA COUNTY HIGHWAY DISTRICT Comments have not yet been received from ACHD on this application. -8- C. Legal Description & Exhibit Map for Annexation Boundary LEGAL DESCRIPTION FOR SUGARMAN SUBDIVISION ANNEXATION A parcel of land located in the Southwestl/4 of Section 36, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West line of the Southwest 1/4 of Section 36, Township 4 North, Range 1 West, Bo/se Meridian, derived from found monuments and taken as North 00"f 511 " East with the distance between monuments found to be 2637.W feet. BEGINNING at the Section corner common to Sections 36 and 36, Township 4 North, Range West, and Sections 1 and 2, Township 3 North, Range 1 West Boise Meridian from which the West 1/4 corner of said Section 36 bears North 00'15'11" East a distance of 2637.66 feet thence along the West line of the Southwest 1/4 of said Section 36 North 00°16'11" East a distance of 329.69 feet; thence leaving said West One South 88.46'14" East a distance of 666.84 feet; thence South 00.18'16" West a distance of 330.33 feet to a point on the South One of the Southwest 1/4 of sold Section 36; thence along said South One North 88'42'64" West a distance of 666.56 feet to the POINT OF BEGINNING. Said Parcel containing 219,666 square feet or 6.04 acres, more or less and Is subject to ON existing easements and rights -of -ways of record or Implied. END OF DESCRIPTION Russell E. Badgiey, P.L.S. 12468 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83661 (206) 465-6687 -9- _ 35 38 W 114 Bass CAP CP&F#1f)4D923y3 eo cv 46'14*E 665.W- 124 so 1 I e9 '7/ < a svuv suB�r�r�s��H �nx ;� %'Y o f W1 219,$56 Sq.ft. �! E I 5.04 W. ,a c� hz Jim e. I fl, I -. 3536 USTICK ROAD 11 t .2 _ I SEC. COR .,. N88° '127-5-4-W - .SfJ' BRASS CAP -10- 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 the subject property with a C -C zoning district. Staff finds the proposed use of the site is consistent with the applicable provisions of the Comprehensive Plan and should be compatible with future adjacent residential uses if the site is developed in accord with the conditions of approval in Exhibit B (see section VII above for more information). 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 C -C zoning district is consistent with the purpose statement for the commercial districts as detailed in Section VIII above. 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 11-511-3.E). Staff finds annexing this property with a C -C zoning district is in the best interest of the City. 2. Short Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; Staff finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; Staff finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) -11- c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Staff finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and Staff is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Commission or Council's attention. ACRD considers road safety issues in their analysis. Staff recommends that the Commission and Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. -12-