WRITTEN DECISION OF THE HAYDEN CITY COUNCIL REGARDING MAPLE GROVE PRELIMINARY SUBDIVISION APPLICATION (SUB-0013) HAYDEN SIGNATURE, LLC

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1 WRITTEN DECISION OF THE HAYDEN CITY COUNCIL REGARDING MAPLE GROVE PRELIMINARY SUBDIVISION APPLICATION (SUB-0013) HAYDEN SIGNATURE, LLC Application of Hayden Signature, LLC, an Idaho limited liability company, by and through Walt Haneke of ACI Northwest, Inc., (hereinafter Applicant s representative ), for a preliminary subdivision, on 13.2 acres of land located north of East Wyoming Avenue, west of North Maple Street, and south of East Buckles Road: PARCEL 1: TRACT 3, AVONDALE IRRIGATED TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK B OF PLATS AT PAGE 132, RECORDS OF KOOTENAI COUNTY, IDAHO. EXCEPT THE NORTH FEET OF THE WEST FEET THEREOF; EXCEPT THE NORTH 402 FEET OF THE EAST 150 FEET THEREOF; AND EXCEPT THE SOUTH 130 FEET OF THE EAST 150 FEET THEREOF; LESS ANY PORTION WITHIN ROAD RIGHTS OF WAY. PARCEL 2: THE EAST 7/10 OF TRACT 10, AVONDALE, ACCORDING TO THE PLAT RECORDED IN BOOK B OF PLATS AT PAGE 132, RECORDS OF KOOTENAI COUNTY, IDAHO. PARCEL 3: THE NORTH FEET OF THE WEST 3/10 OF TRACT 10, AVONDALE IRRIGATED TRACTS, ACCORDING TO THE PLAT RECORDED IN THE OFFICE OF THE COUNTY RECORDER IN BOOK B OF PLATS AT PAGE 132, RECORDS OF KOOTENAI COUNTY, IDAHO. PARCEL 4: THE SOUTH 150 FEET OF THE NORTH FEET OF THE WEST 3/10 OF TRACT 10, AVONDALE IRRIGATED TRACTS, ACCORDING TO THE PLAT RECORDED IN THE OFFICE OF THE COUNTY RECORDER IN BOOK B OF PLATS AT PAGE 132, RECORDS OF KOOTENAI COUNTY, IDAHO. EXCEPT FROM ALL OF THE ABOVE THAT PORTION CONVEYED TO THE CITY OF HAYDEN BY RIGHT OF WAY DEED RECORDED MARCH 31, 2008, INSTRUMENT NO , RECORDS OF KOOTENAI COUNTY. Factual Background. 1. On May 7, 2015, the Applicant s representative, ACI Northwest, Inc., made a request for the preliminary approval of a subdivision on 13.2 acres of land located north of East Wyoming Avenue, west of North Maple Street, and south of East Buckles Road. Maple Grove Written Decision Page 1

2 2. The subject site is zoned R-1 Residential and consists of 4 parcels; the applicant is proposing 41 lots consisting of 38 single family residences and 3 open space tracts (one which is a future lift station site). 3. On June 3, 2015, a request for comment was sent to outside agencies. 4. On July 4, 2015, public notice was published in the Coeur d Alene Press, notice was also sent to property owners within 300 of the subject site, and the site was posted. 5. On July 20, 2015, a properly noticed hearing was had before the Hayden City Planning and Zoning Commission. 6. On July 28, 2015, a properly noticed hearing was had before the Hayden City Council. At that meeting the Council remanded the matter back to the Hayden City Planning and Zoning Commission for further deliberations. 7. On August, 10, 2015, deliberations were conducted by the Hayden City Planning and Zoning Commission at an open public meeting. At that meeting, the Planning and zoning Commission recommended approval. 8. On August 11, 2015, the matter came before the Hayden City Council, at a properly noticed and conducted public meeting. At the August 11, 2015, meeting, the Council deliberated on the matter and adopted the recommendation of the Planning and Zoning Commission. Conclusions: Based upon the record placed before it in advance of the August 11, 2015, deliberations, and after considering all of the evidence in the record, and the testimony and evidence presented at the prior public hearing on July 20, 2015, and other proceedings, the Hayden City Council found the following criteria for approval of a subdivision could be met. The applicant has demonstrated to the satisfaction of the city engineer that all existing and proposed infrastructures meet or can be modified per the required conditions to meet the following standards: 1. Infrastructure as constructed will function in a manner that promotes the public health, safety, and welfare. 2. Infrastructure can be constructed and located in an orderly manner that accommodates ongoing maintenance needs when taking into consideration collocation of other infrastructure. 3. Infrastructure is in compliance with applicable city, state, and federal policies and regulations as follows: a. Provisions have been made for a water supply system that satisfies city, Idaho department of environmental quality (IDEQ) and Northern Lakes Fire District requirements. b. Provisions have been made for a public sewage system in accordance with the city and Hayden Area Regional Sewer Board (HARSB) adopted Sewer Master Maple Grove Written Decision Page 2

3 Plan, as amended, that satisfied City, HARSB, and IDEQ requirements and that the existing systems can accommodate the proposed sewer flows. c. Provisions have been made for storm water systems that satisfy the city and IDEQ requirements. d. Provisions have been made for streets that are consistent with the adopted Transportation Plan, as amended, and the transportation element of the adopted Comprehensive Plan, as amended and that satisfies the City, ITD, adjacent jurisdictions, and local highway district requirements. e. Provisions have been made for parks and open space that are consistent with the adopted Parks Master Plan, as amended, and that satisfies the City's requirement. 4. Provisions have been made for erosion controls and geohazards stabilization both during construction and as needed for permanent controls to the satisfaction of the City. 5. Provisions have been made for gas, power, telecommunications, and similar infrastructure. 6. The area proposed for subdivision is zoned for the proposed use and the use conforms to other requirements found in this code. 7. The developer has made adequate plans to ensure that the community will bear no more than its fair share of costs to provide services by paying fees, furnishing land, or providing other mitigation measures for off-site impacts to streets, parks, and other public facilities within the community. It is the expectation that in most cases, off-site improvements will be dealt with through the agreements. In accordance with Hayden City Code (H) it is the decision of the Hayden City Council that the requested subdivision is approved with conditions, as such conditions are set forth below. Within the below conditions the request meets the standards for approval found in Idaho Code and Hayden City Code. Conditions of Approval 1. As a condition of annexation, annexation fee in the amount of $150 per proposed lot is required to be paid to the City at the time of development of the subject property. The owner acknowledged that this sum is to be paid as an annexation fee, as distinguished from an impact or capital facilities fee or other development fees. 2. General Standards (Sewer): a. Hayden City Code (C) requires sewer systems to be constructed in conformance with the City of Hayden Master Sewer Plan in effect, state law, and all City sewer policies and standards. It is also the practice of the City to allow for alternatives to the Sewer Master Plan through technical memo, wherein the alternative approach is analyzed and approved by the City. A technical memo was prepared by the City s sewer consultant, JUB Engineers (December 4, 2014) for this project which allowed for alternative design. As such, the developer shall Maple Grove Written Decision Page 3

4 be required to construct all sewer infrastructure in conformance with the City of Hayden Master Sewer Plan Update (as adopted in 2012), State law, and all City sewer policies, standards and technical memos. b. Revisions to the conceptual plans may be required by the City engineer as part of construction plan approval for the subdivision. 3. External Conveyance (Sewer): a. The applicant shall collect and convey sewage from the subject project site via a lift station located at the southeast corner of the project. The sanitary sewer will then be pumped to the southwest corner of Rocking R Subdivision into an existing manhole on East Roundup Circle. Alternately, if unable to obtain easements through the residential properties in Rocky R, it shall be constructed to flow east on Wyoming to a point on Rocking R Road where it will connect to an existing gravity main. b. Unless otherwise determined to be unnecessary by the City engineer at the time of construction plan review, the applicant shall be required to construct and connect all the sewer mains identified in the Sewer Master Plan Update along whose frontage roads bordering the site. 4. Other Items (Sewer): a. The applicant shall be required to reflect all sewer easements on the face of the subdivision plat. b. The applicant shall be responsible for the development of the lift station proposed on Tract A which shall be developed in compliance with City policies related to lift station design and construction that includes but shall not be limited to the design, construction, landscaping, fencing, and access approach. 5. Storm water: City Code Title 8 prohibits the acceleration, concentration, and/or conveyance of runoff, storm water or other surface waters beyond the project boundaries. The storm water management plan for the proposed development shall be designed in conformance with the above referenced City Code. Storm water easements for any joint or consolidated swales will need to be reflected on the face of the final plat for the subdivision. The applicant proposes 6 drainage basins for storm water collection and treatment in lieu of traditional swales adjacent to the street. Easements for said basins shall be included on the final plat. Relocation of the basins shall require City review and approval. 6. Water: a. The subject property is located within Avondale Irrigation District (AID). The applicant has submitted a letter of approval from the Avondale Irrigation District, for the provision of municipal water service sufficient to provide water pressure, quantity, and quality to meet domestic needs and fire flow requirements for proposed development. (Exhibit A-6, letter from Avondale Irrigation District) b. The applicant shall be required to provide all dedications and construct all appurtenances as may be required by the water district at the time of development as a condition of subdivision approval. Maple Grove Written Decision Page 4

5 c. Fire hydrants shall be designed and located as required by the Northern Lakes Fire District and the applicable water purveyor. d. The applicant will be required to provide detail on the location, size and design of all water system improvements, including water lines, stubs, meters, and fire department connections and hydrants as part of the construction drawings for required subdivision improvements. 7. Streets, Pedestrian Paths & Right-of-Ways: a. The applicant will need to confirm street names comply with emergency addressing requirements, as detailed in City Code 9-5 and are deemed acceptable by the City, with said street names to be reflected on the preliminary and final subdivision plats. b. The applicant has indicated provision of deeded right-of-way along Buckles Road, Wyoming Avenue and Maple Street. While the right-of-way dedications have been granted through the annexation process, additional right-of-way may be necessary. All required infrastructure improvements to be constructed as a condition of subdivision shall be as follows: Buckles Road has a current right-of-way of approximately 48 feet total (18 feet as measured from section line), and is constructed with approximately 20 feet of pavement, with no curbs, swales, or sidewalks. Buckles Road is outside the City limits within the unincorporated portion of Kootenai County, and within the maintenance jurisdiction of the Lakes Highway District. Buckles Road is identified as a typical section AC2 within the 2013 Transportation Plan. The Proposed Bicycle and Pedestrian network identifies a Class II bike lane (signed striped bike lane) to be located on Buckles Road. The typical section for an AC2 is provided below. East Wyoming Avenue is also outside the city limits and within Kootenai County s unincorporated area, as well as within the maintenance jurisdiction of the Lakes Highway District. E. Wyoming Avenue has a current right-ofway of approximately 40 feet total (15 feet as measure from section line), and is constructed with approximately 25 feet of pavement, with no curbs, swales, or sidewalks. The City of Hayden Strategic Transportation Plan also identifies el. Wyoming Avenue as an AC2, and proposes that it includes both a Class I multi-modal pathway (which is included in the typical section for the roadway), as part of the City s bike-ped network. Maple Street is within the City limits and within the maintenance jurisdiction of the City of Hayden. The City of Hayden Strategic Transportation Plan, adopted in 2013, identifies Maple Street as an AC2 typ0ical section. It includes a Class III (singed bike route) on the west side of the right-of-way as part of the bike-ped network. North of Wyoming Avenue, adjacent to the subject property, the right-of-way width is 45 feet (measuring approximately 15 feet from section line). The pavement section in this area is approximately 30 feet, with curb, swale, and sidewalk constructed along the eastern side. The signed annexation agreement requires the applicant to dedicat6e an additional 10 feet of right-of-way to the City of Hayden, as measure from section lien (at the time of annexation, as a requirement of the annexation Maple Grove Written Decision Page 5

6 agreement) to provide sufficient right-of-way for the installation of curbs and swales at the time of development. The applicant shall be required to make improvements to the site frontage along Buckles Road, Wyoming Avenue and Maple Street, to include curbs, swales, and widening of pavement to the ultimate street section as detailed in the typical sections identified in the 2013 Transportation Plan for an AC2, with said improvements constructed as part of required subdivision improvements. c. The applicant shall be required to install a stop sign and provide a stop bar at the intersection of Buckles Road and the proposed Emerald Drive extension and at the Wyoming Avenue intersection as required subdivision improvements, as well as no parking signs on the appropriate lanes of the extension of Emerald Drive and Beryl Drive. All traffic control devices shall be designed and constructed in accordance with MUTCD standards, where applicable. d. The interior roads shall comply with the 2013 Transportation Strategic Plan Typical Section for a Local Street, with the exception of that portion of Dolomite west of Beryl for which an exception is sought for 38 in width. It should be noted that this extension is approximately 60 in length and provides access to proposed Lot 8 Block 1 of Maple Grove and also provides an opportunity for future extension into adjacent property. The Local Street typical section for this design is attached as an exhibit. e. All parcels shall be accessed from the roads within the interior of the development. No lot, with the exception of the Tract A lift station, shall have access onto Wyoming Avenue, Maple Street or Buckles Road. f. The driveway for proposed Lot 8 of Block 1 (northwest corner of the development; on Dolomite Drive) shall be located within 40 or less of the eastern property line so as to access via the pavement of Dolomite Drive. The applicant shall identify the surfacing proposed for the approximate 43 of Dolomite Drive at the west end of Lot 8, Block 1. If it is to be surfaced with other than pavement, the applicant shall be responsible for weed control of that area. g. The applicant has not identified provisions for mailbox locations. Prior to final plat application, the applicant shall work with the US Post Office to address collection points and these along with appropriate turn-outs, if determined necessary by the City engineer shall be included in the construction plans. If easements are needed, these shall be required to be shown on the final plat. 8. Utilities: Dry utilities, including electric, gas, cable, and communication utilities shall be installed underground within the development in accordance with City Code Title 12 and the City s Planned Unit Development Ordinance. 9. Street Lighting, Signage, Paving & Landscaping: a. The applicant shall be required to provide street lighting construction plans along Buckles Road and Wyoming Avenue, and all internal streets, as part of the construction drawings, to be installed as required subdivision improvements. b. Break-away type street signs, including stop signs, speed limit signs, and other signs as may be required shall conform with MUTCD standards and shall be Maple Grove Written Decision Page 6

7 installed by the developer, with signs identified and locations shown on construction plans to be approved by the city engineer. c. Detailed landscaping plans, conforming to the requirements of City Code (H&I), with proposed landscaping along street frontages, proposed swales, property boundary, and on the open space parcels shall be submitted for the entire development with construction plans for required subdivision improvements, for review and approval by the City. Specifically, the developer will be required to provide a minimum of a type II landscape buffer along all street frontages, as well as detailed landscaping plans within the required open space. With regard to swales and required landscaping along street frontages adjacent to building lots, hydroseeding, installation of irrigation systems, and required landscaping shall be required as condition for subdivision approval, with said improvements to be included as conditions of any bui8ldign permits issued within the proposed development. There are existing trees on the site; staff recommends that the applicant preserve as many healthy trees as possible and protection measures be in place during construction. The applicant is encouraged to contact an Urban Forester for assistance in identifying trees for preservation. 10. Open Space: Management and maintenance of all properties held in common ownership shall be the responsibility of the property owners association. 11. Property Owners Association: As per City Code (C), the following is required as a required subdivision dedication and improvement: a. The developer shall provide for the establishment of a property owners association for all property owners within the development. The owners association shall own and be responsible for the maintenance of private streets, associated drainage facilities, required parks, greenbelts, and other commonly owned properties and improvements. b. The developer shall provide written assurance to the City that the association has perpetual existence and will be responsible for maintenance during its existence. c. The owners association shall be created at the time of final approval, with association documents to be recorded with the final plat. d. A legal instrument providing a mechanism for funding the perpetual maintenance of the commonly-owned properties shall be recorded with the County prior to the recordation of the final plat. Approval of the subdivision application shall not constitute a variance or approval for deviation from said Code, standards, and policies. Any affected person aggrieved by this decision may submit a written request for appeal to the Hayden City Clerk within twenty-one (21) days of the date this written decision was approved by the City Council. Maple Grove Written Decision Page 7

8 The applicant has the right to request a regulatory taking analysis pursuant to Idaho Code Section Any affected person aggrieved by a final decision concerning matters identified in Idaho Code Section (1) (a) may, within twenty-eight (28) days after all remedies have been exhausted under local ordinance, seek judicial review under the procedures provided by Chapter 52, Title 67, Idaho Code. Findings and Conclusions approved on the day of, City of Hayden ATTEST: By: Ronald McIntire, Mayor Vicki Rutherford, City Clerk Maple Grove Written Decision Page 8