HomeMy WebLinkAboutTiburon Meadows RZRZ 04-007
MERIDIAN PLANNING & ZONING MEETING June 3, 2004
APPLICANT Tiburon Meadows, LLC ITEM NO. 10
REQUEST Public Hearing -- Request for a Rezone of 10.69 acres from R-4 to R-4, R-8 and
L -O zones for Tiburon Meadows Subdivision - 1450 and 1460 North Ten Mile Road
AGENCY COMMENTS
CITY CLERK:
CITY ENGINEER:
CITY PLANNING DIRECTOR:
CITY ATTORNEY
CITY POLICE DEPT:
CITY FIRE DEPT:
CITY BUILDING DEPT:
CITY WATER DEPT:
CITY SEWER DEPT:
CITY PARKS DEPT:
MERIDIAN SCHOOL DISTRICT:
SANITARY SERVICES:
ADA COUNTY HIGHWAY DISTRICT:
CENTRAL DISTRICT HEALTH:
NAMPA MERIDIAN IRRIGATION:
SETTLERS' IRRIGATION:
IDAHO POWER:
INTERMOUNTAIN GAS:
OTHER: See affidavit of Pc
Contacted:
Emailed:
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No Comment
No Comment
No Comment
tnA W (u Date: —IDAPhone:
StaSta f
Materials presented at public meetings shall become property of the City of Meridian.
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
f
Y1
CITY OF Rif
eriin
IDAHO
V�
LEGAL DEPARTMENT
(208) 466-9272 - FAX 466-4405
PARKS & RECREATION
(208) 888-3579 - Fax 898-5501
PUBLIC WORKS
(208) 898-5500 - Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 - Fax 887-1297
Keith Bird i I R65 PLANNING & ZONING
(208) 8845533 - Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City Clerk's Office
Attn: Will Berg, City Clerk, by: May 27, 2004
Transmittal Date: May 10, 2004 Hearing Date:
File No.: RZ 04-007
Request: Rezone of 10.69 acres from R4 to R-4, R-8 and L -O zones for Tiburon
Meadows Subdivision
By: Tiburon Meadows, LLC
Location of Property or Project: 1450 and 1460 North Ten Mile Road
David Zaremba, P/Z (No VAR, VAC, FP)
David Moe, PIZ poo VAR, VAC, FP)
Wendy Newton-Huckabay, PIZ (No VAR, VAC)
Michael Rohm, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Tammy de Weerd, Mayor
Bill Nary, C/C
Charlie Rountree, C/C
Keith Bird, C/C
Shaun Wardle, C/C
-.,water Department
Sewer Department
Sanitary Service (No VAR, VAC, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Meridian School District (No FP)
Meridian Post Office (FP/PPoniy)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (FP/PPonly)
Qwest (FP/PP only)
Intermountain Gas (FP)PPordy)
Bureau of Reclamation (FP/PP only)
Idaho Transportation Department (No FP)
Ada County (Annexation only)
Ada County Land Records (FP/PP only)
Meridian Development Corporation
Historical Preservation Commission
Ynur Cnncise Remarks: .. - � _...- ..;4-
CITY .f ;11-�T;
33 EAST IDAHO AVENUE - MERIDIAN, IDAHO 83642 - (208) 888-4433
City Clerk Office Fax (208) 888-4218 - Human Resources Fax (208) 884-8723 - Finance & Utility Billing Fax (208) 887-4813
AFFIDAVIT OF POSTING
STATE OF IDAHO )
COUNTY OF ADA )
E CEIVE
iviERID;AN
I, Mike Arnold Premier Signs, Inc 2100 E. Fairview Avenue Suite 7 855-0380
(name) (address) (phone)
Meridian Idaho being first duly sworn upon
(city) (state) oath, depose and say:
I personally posted the subject property with the hearing notice sign 10 days prior to the public
hearing for the rezoning and preliminary plat of Tiburon Meadows Subdivision.
Dated this 21st. day of
SUBSCRIBED AND SWORN to Oore me)he #y ar� year first above written.
Of
Master\affid-posting
Ing al -T /(N {' r (XrcNV ��� tV
)mmission Expires:��l
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Shaun Wardle
William L. M. Nary
Charles M. Rountree
Keith Bird
f
CITY OF '��
eYlG�ia
t` - IDAHO
VAS
LEGAL DEPARTMENT
(208) 466-9272 • FAX 466-4405
PARKS & RECREATION
(208) 888-3579 • Fax 898-5501
PUBLIC WORKS
(208) 898-5500 • Fax 887-1297
BUILDING DEPARTMENT
(208) 887-2211 • Fax 887-1297
PLANNING & ZONING
(208)884-5533 • Fax 888-6854
TRANSMITTALS TO AGENCIES FOR COMMENTS ON DEVELOPMENT PROJECTS
WITH THE CITY OF MERIDIAN
To insure that your comments and recommendations will be considered by the Meridian Planning
and Zoning Commission, please submit your comments and recommendations to Meridian City CIerWs Office
Attn: Will Berg, City Clerk, by: May 27, 2004
Transmittal Date: May 10, 2004 Hearing Date: June 3, 2004
File No.: RZ 04-007
Request: Rezone of 10.69 acres from R4 to R-4, R-8 and L -O zones for Tiburon
By: Tiburon
Location of Property or Project:
David Zaremba, P/Z (No VAR, VAC, FP)
David Moe, P/Z (No VAR, VAC, FP)
Wendy Newton-Huckabay, P/Z (No vAR vac)
Michael Rohm, P/Z (No VAR, VAC, FP)
Keith Borup, P/Z (No VAR, VAC, FP)
Tammy de Weerd, Mayor
Bill Nary, C/C
Charlie Rountree, C/C
Keith Bird, C/C
Shaun Wardle, C/C
Water Department
Sewer Department
Sanitary Service (No VAR, vAc, FP)
Building Department
Fire Department
Police Department
City Attorney
City Engineer
City Planner
Parks Department
Road
Meridian School District (No Fp)
Meridian Post Office (Fp/pp only)
Ada County Highway District
Ada County Development Services
Central District Health
Nampa Meridian Irrig. District
Settlers Irrigation District
Idaho Power Co. (Fp)Pp only)
QWSSt (FP)PP only)
Intermountain Gas (FP)PPonly)
Bureau of Reclamation (FP)PPonly)
Idaho Transportation Department (No Fp)
Ada County (Annexation only)
Ada County Land Records (Fp/pp oMy)
Meridian Development Corporation
Historical Preservation Commission
CITY OF MERIDIAN
33 EAST IDAHO AVENUE • MERIDIAN, IDAHO 83642 •C( Tj'484�ERK OFFICE
City Clerk Office Fax (208) 888-4218 • Human Resources Fax (208) 884-8723 • Finance & Utility Billing Fax (208) 887-4813
18 May, 2004
William G. Berg Jr.
City Clerk
City of Meridian
_ _33Iit�ve.
Meridian, ID 83642
RECTIVED
MAY 2 3 2004
City Of Meridiar-
Cita, Clerk Office
1503 FIRST STREET SOUTH NAMPA, IDAHO 83651-4395
FAX # 208-463-0092
Phones: Area Code 208
OFFICE: Nampa 466-7861
SHOP: Nampa 466-0663
RE: RZ 04-007 Tiburon Meadows Subdivision
Dear Will:
Nampa & Meridian Irrigation District has no comment on the above referenced
application for Final Plat approval for 66 single family residential/office/commercial
building lots and 7 common lots on 27.17 acres in a R-4 zone for Bridgewater Crossing
Sub No. 7 as it is out of our district.
Thank you,
BiII Benson
Asst. Water Superintendent
Nampa & Meridian Irrigation District
BH/dbg
C: Water Superintendent
File - Office/Shop
APPROXIMATE IRRIGABLE ACRES
RIVER FLOW RIGHTS - 23,000
BOISE PROJECT RIGHTS - 40,000
CITY OF MERIDIAN
PUBLIC HEARING
SIGN-UP SHEET
DATE June 3, 2004 ITEM # 10
PROJECT NUMBER
PROJECT NAME
RZ 04-007
Tiburon Meadows Subdivision
NAME (PLEASE PRINT) FOR AGAINST NEUTRAL
MAYOR
Tammy de Weerd
CITY COUNCIL MEMBERS
Keith Bird
William L.M. Nary
Shaun Wardle
Charles M. Rountree
t
frrY OF
eY1G�1G�yI _
It IDAHO
4¢2
MEMORANDUM: Hearing Date: May 20, 2004
To: Mayor, City Council and Planning & Zoning Commission
.RECEIVED
From: Wendy Kirkpatrick, AICP, Associate City Planner W JUN 0 2 2004
Bruce Freckleton, Senior Engineering Tech.
City Of Meridian
Re: Tiburon Meadows Subdivision City Clerk Office
Request for a Rezone of 6.86 acres from R-4 to R-8 and 0.88 acres from R-4
to L -O by Tiburon Meadows, LLC (File No. RZ-04-007).
Request for Preliminary Plat approval of 46 building lots and 1 other lot on
10.69 Acres in a Proposed R-8 and L-0 Zone, by Tiburon Meadows, LLC.
(File No. PP -04-016).
Request for a Conditional Use Permit for a Residential Planned Development
in a Proposed R-8 Zone, by Tiburon Meadows, LLC. (File No. CUP -04-013).
We have reviewed this submittal and offer the following comments, as conditions of the applicant.
These conditions shall be considered infill, unless expressly modified or deleted by motion of the
Meridian City Council:
APPLICATION SUMMARY
The applicant, Tiburon Meadows LLC, has requested approval of the rezone of approximately 6.86
acres from R-4 to R-8 for single family residential development, 2.41 acres are requested to remain
as R-4 for an existing church, and a rezone has been requested for 0.88 acres from R-4 to L-0 for an
existing home and two detached garages. This is an infill development. The Comprehensive Plan
designates the two southern parcels of the subject property as Public/ Quasi Public; the northern
parcel with the existing home and garages has a Comprehensive Plan designation of Mixed -Use
Community. The proposed rezone to R-8 for a 42 lot residential subdivision is supported by staff
based on the surrounding residential land uses and residential zoning. The proposed rezone to L-0
for the existing single family home is not supported by Staff due to the nonconforming use which
would be created through the rezone. Staff is recommending that the two church parcels be rezoned
to L-0 due to the current status of the church as a nonconforming use in the R-4 zone.
R7 04-007, PP -04-016, CUP -04-013 .Tiburon Meadows Subdivision. RZ.PP.CUP
Planning & Zoning Commission/Mayor & City Council
June 3, 2004 (Hearing Date)
Page 2
The proposed conditional use permit (CUP) is for a residential planned development (PD) and allows
the applicant to request reduced lot sizes and street frontage. The planned development does not
include the proposed Lots 40 and 41 owned by the church or the proposed Lots 1 and 2 with the
existing house and garages. Following is a comparison of standard city requirements (R-8 zone),
and the proposed reductions.
City Requirements
Minimum
Lot Size- 6,500 s.f. (detached)
Min. Lot
Frontage- 65' (detached)
15' (lots with common drives)
Proposed
4,089 s.f. (detached)
42' (detached)
10' (lots with common drives)
While there are several issues that remain to be resolved, staff recommends approval of the project
with the conditions noted in this report.
LOCATION
The property is located at 1450 and 1460 Ten Mile Road. The subject property is located
approximately ''/z mile south of the southeast intersection of Ten Mile Road and Cherry Lane. The
following uses surround the subject property:
North: A church with R-4 zoning and a bank and medical offices with L -O zoning are located north
of the subject property.
South: Haven Cove and Thundercreek, residential subdivisions with R-4 zoning are located directly
south of the subject property.
East: Haven Cove Subdivision, a residential subdivision with R-4 zoning is located directly east of
the subject property.
West: Ten Mile Road borders the subject property to the west. Grocery Bag subdivision, a
commercial subdivision with C -N zoning (Albertson's Food Store) and Rod's Parkside
Creek, a residential subdivision with R-4 zoning are located west of the subject property.
The owners of record are Stonehouse Evangelical Church and Greta Huit, Trustee for the Huit 1992
Revocable Trust. The property owners have given notarized consent for the applicant to submit the
requested applications.
RZ-04-007, PP -04-016, CUP -04-013 Tiburon Meadows Subdivision.RZ.PP.CUP
Planning & Zoning Commission/Mayor & City Council
June 3, 2004 (Hearing Date)
Page 3
STANDARDS FOR ZONING AMENDMENT
The Commission and Council shall review the particular facts and circumstances ofeach proposed
zoning amendment in terms of the following standards and shall f nd adequate evidence answering
the following questions about the proposed zoning amendment (11-15-11):
A. Will the new zoning be harmonious with and in accordance with the Comprehensive
Plan and, if not, has there been an application for a Comprehensive plan amendment;
Proposed R-8 Zoning
Staff finds that the 2002 Comprehensive Plan Future Land Use Map designates the proposed
residential lots of the subject property as "Public / Quasi -Public." While the Comprehensive
Plan Future Land Use map does not explicitly support the proposed zone change staff finds
that there is a strong argument that the Comprehensive Plan policies do support the proposed
zone change. A key component of this argument is the relative flexibility of Meridian's
Comprehensive Plan (quoted below) as described in Chapter I, Section B of the
Comprehensive Plan.
"The Meridian Comprehensive Plan is an official policy guide for decisions
concerning the physical development of the community. It indicates, in a general way, how
the community may develop in the next five to ten years."
Furthermore, in Chapter VII, Section C Future Conditions states the following:
"Figure VII -2 [The Comprehensive Land Use Map] depicts desired future land use
categories and their location within the Impact Area. The areas depicted on the map are
conceptual and, therefore, will require further analysis prior to the creation of a zoning map."
While the proposed zone change does not explicitly comply with the "Public/ Quasi -
Public" designation, Staff upon further analysis, finds that the proposed zone change does fit
with the residential development patterns of the surrounding area and it would be appropriate
to extend the Medium Density Residential designation to this property. The subject property
is surrounded by residential subdivision to the west and to the south. Staff finds that the
proposed rezone of a parcel located adjacent to property zoned as residential, meets the intent
of the Comprehensive Plan for the future development of the area.
Proposed L -O zoning for existing residence
The proposed rezone to L -O is not supported by Staff. While the proposed rezone complies
with the Comprehensive Plan designation of Mixed -Use Community, the existing residential
uses do not comply with the L -O zoning designation, and there is no indication when the
residential uses will end. Single family residential development is prohibited in the L -O zone
and approval of the rezone to L -O would create a non -conforming use. Additionally,
RZ-04-007, PP -04-016, CUP -04013 Tiburon Meadows Subdivision.RZ.PP.CUP
Planning & Zoning Commission/Mayor & City Council
June 3, 2004 (Hearing Date)
Page 4
Meridian's Strategic Plan lists reducing non -conforming uses as a Strategic Plan goal.
Although Staff is generally supportive of the L -O zoning in this location, the timing is not
appropriate.
Recommended L -O zoning for existin cg hurch
The existing church parcels (lots 40 and 41 of the proposed subdivision) are currently zoned
R-4. The existing church is currently a nonconforming use in the R-4 zone and staff
recommends that the applicant rezone the property to L -O to bring the property into
conformance with City Code. If the property is not rezoned with the current applications, the
applicant will be required to obtain conditional use approval before any improvements or
new buildings can be added to the church property. Conditional use approval is required for
the expansion of a non -conforming use.
B. Is the area included in the zoning amendment intended to be re -zoned in the future;
Staff anticipates that the parcel with the existing single family home maybe rezoned in the
future to allow commercial development if L -O zoning is not approved through this
application.
C. Is the area included in the zoning amendment intended to be developed in the fashion
that would be allowed under the new zoning;
The proposed R-8 development would be allowed under the new zoning; the existing single
family home would not be allowed under the proposed L -O zoning. Staff finds that the
applicant has submitted development plans for a new plat and Conditional Use Permit for the
property. If the proposed CUP is granted, the plat will be allowed as proposed.
D. Has there been a change in the area or adjacent areas which may dictate that the area
should be rezoned;
Staff finds that the City's Comprehensive Plan policies have provided the applicant with the
ability to request the R-8 zone for the subject property. Additionally, residential
development to the west and to the south of the subject property dictate that the church's
undeveloped property could be rezoned for residential uses.
E. Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of
the general vicinity and that such use will not change the essential character of the same
area;
Staff finds that the proposed development is designed in a manner that will be harmonious
with and appropriate in appearance with the existing residential neighborhoods and
commercial areas along Ten Mile Road and the intended character of the area.
RZ-04-007, PP -04016, CUP -04-013 Tiburon Meadows Subdivision.RZ.PP.CUP
Planning & Zoning Commission/Mayor & City Council
June 3, 2004 (Hearing Date)
Page 5
F. Will not be hazardous or disturbing to existing or future neighboring uses;
Staff finds that the requested rezone should not be disturbing to existing or future
neighboring uses. Existing residential subdivisions are located to the south and west of the
subject property. The Commission and Council should consider all public testimony, oral
and written, before making this finding.
G. Will be served adequately by essential public facilities and services such as highways,
street, police, and fire protection, drainage structures, refuse disposal, water, sewer or
that the person responsible for the establishment of proposed conditional use shall be
able to provide adequately any such service;
Staff finds that the proposed uses can be adequately served by all essential public services
and facilities. Drainage will be retained on site.
H. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
Staff finds that the requested uses will not create excessive additional requirements at public
costs for public facilities and services. The proposed development is accessed off of existing
public streets and the developer will pay for the extension of public services to the subject
property. Additionally, staff finds that the proposed rezone would not be detrimental to the
economic welfare of the community.
I. Will not involve uses, activities, processes, materials, equipment, and conditions that
will be detrimental to any persons, property, or general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors;
Staff finds that the proposed R-8 zoning designation of the property does not inherently allow
uses that will generate activities, processes, materials, equipment, and conditions that are
detrimental to the general welfare of the community.
J. Will have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
Staff finds that the proposed R-8 zoning will not interfere with general traffic patterns on any
public streets. The applicant has proposed to turn the existing access point at the south of the
subject property into an emergency access point. Please refer to the ACHD staff report for a
full report on traffic issues.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance.
Staff fords that there are no natural or scenic features of major importance which will be lost
through the development of the subject property.
RZ 04-007, PP -04-016, CUP -04-013 Tiburon Meadows Subdivision.RZPP.CUP
Planning & Zoning Commission/Mayor & City Council
June 3, 2004 (Hearing Date)
Page 6
L. Is the proposed zoning amendment in the best interest of the City;
Staff finds that the proposed rezone would be in the best interest of the City. The proposed
R-8 zone and proposed development will be an asset to the City of Meridian. The proposed
patio home development will help to increase the diversity of Meridian's housing types by
providing a housing choice for residents (especially seniors) who want the option of owning
a patio home which will require less upkeep than a traditional single-family home with a
large lot size and a floor plan designed for families.
The proposed L -O zoning for the existing residences is not in the best interest of the City due
to the nonconforming use which would be created through the rezone. Likewise, the existing
church should be rezoned to remove the non -conforming status.
SITE SPECIFIC COMMENTS (Rezone)
The legal description submitted with the application is accurate and meets the requirements
of the City of Meridian and State Tax Commission.
2. The subject property is within the Urban Services Planning Area.
3. The Development Agreement should include all conditions of approval for the proposed plat
and conditional use permit.
PRELIMINARY PLAT FINDINGS AND REQUIREMENTS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed
subdivision, the Commission/Council shall consider the objectives of this title and at least the
following:
a. The conformance of the subdivision with the Comprehensive. Development Plan;
As noted above, staff finds that the proposed residential component of the subdivision appears to
be in conformance with the Comprehensive Plan, provided the Commission and Council grant
the requested planned development. See Annexation and Zoning Analysis item A.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services are available to accommodate the proposed development.
c. The continuity of the proposed development with the capital improvement program;
Staff finds that the subdivision will not conflict with the capital improvement plan. This is an
infill development. Because the developer is installing sewer, water, local street infrastructure,
RZ-04-007, PP -04016, CUP -04-013 Tiburon Meadows Subdivision.RZPP.CUP
Planning & Zoning Commission/Mayor & City Council
June 3, 2004 (Hearing Date)
Page 7
utilities and irrigation, the subdivision will not require the expenditure of capital improvement
funds. See Annexation and Zoning Analysis item H.
d. The public financial capability of supporting services for the proposed development;
Staff finds that the development will not require major expenditures for providing supporting
services. See Annexation and Zoning Analysis item H.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff finds that there should not be any other health, safety or environmental problems associated
with this subdivision that should be brought to the Council or Commission's attention. ACHD
has not stated that there are road safety issues in their analysis; no hazardous natural features
have been identified on the site.
SPECIAL CONSIDERATIONS — PRELIMINARY PLAT
Existing home: Proposed Lot 1 has an existing detached garage and proposed Lot 2 has an
existing house and detached garage. The garage on proposed Lot 1 is considered to be an
accessory use to the house on proposed lot 2 and cannot be located on its own lot. The
detached garage would not be allowed on its own lot in either the L -O or R-4 zoning
districts. Staff recommends that either the garage on Lot 1 be demolished or that Lots 1 and 2
be combined into one lot.
2. Secondary Emergency Access: The existing access point at the south end of the subject
property will be converted into an emergency access. The developer should coordinate with
Meridian's Fire Chief on the configuration of the emergency access.
3. Staff has added a condition that requires a cross -access easement be established between the
proposed Lots 40 and 41 (the two church lots.)
SITE SPECIFIC COMMENTS — PRELIMINARY PLAT
All landscaping will be required per the landscape plans submitted with the application,
with modifications as noted in the CUP section of this report.
2. Increase the frontage of Lots 10-11, 23-24, and 29-30 to be a minimum of 15 -feet each, for a
total of 30 -feet for a shared driveway.
All conditions of the accompanying Conditional Use Permit application shall also be
considered conditions of the Preliminary Plat.
RZ-04-007, PP -04-016, CUP -04-013 Tiburon Meadows SubdivisionALPFCUP
Planning & Zoning Commission/Mayor & City Council
June 3, 2004 (Hearing Date)
Page 8
4. Sanitary sewer and water service to this development shall be via mainline extensions from
the existing City of Meridian mains adjacent to the project.
5. The applicant has indicated that the pressurized irrigation system within this development is
to be owned and operated by the Nampa & Meridian Irrigation District.
Underground year-round pressurized irrigation must be provided to all lots within this
development (MCC 12-5-2.N). 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 shall
be required to utilize 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 shall be responsible for the
payment of assessments for the common areas prior to signature on the final plat by the City
Engineer. If the system is to remain private, a draft copy of the pressurized irrigation system
O&M manual must be submitted prior to plan approval.
6. The applicant shall be responsible for payment of and the actual physical sanitary sewer and
domestic water connection for the existing house.
GENERAL COMMENTS—PRELIMINARY/FINAL PLAT
Please submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name. Make any corrections necessary to conform.
2. A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
3. Sidewalks within the proposed subdivision shall be built in accordance with MCC 12-13-10-
8.
4. Any tree over 4" in caliper that is removed from the property shall be replaced by installing
additional trees, being the equivalent number of caliper inches of trees that were removed.
Required landscaping trees will not be considered as replacement trees for those trees that are
removed.
5. Developer shall coordinate mailbox locations with the Meridian Post Office.
6. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may
be used for non-domestic purposes such as landscape irrigation.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
8. 250 and 100 -watt,
high-pressure
sodium streetlights
will be required at locations
RZ-04-007, PP -04-016, CUP -04-013
Tiburon Meadows Subdivision.RZPP.CUP
Planning & Zoning Commission/Mayor & City Council
June 3, 2004 (Hearing Date)
Page 9
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire hydrants.
Final design locations and quantity are determined after power designs are completed by
Idaho Power Company. The street light contractor shall obtain design and permit from the
Public Works Department prior commencing installations.
9. 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
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owner's), with written
approval or non -approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans will be reviewed and approved by the
meridian City Engineer prior to final plat signature.
10. Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. All drainage areas (detention/retention basins) must be designed
to ensure that water is retained only during 100 -year storm events, and for a period of time
not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3:1. The
project engineer should pay close attention to the results of field studies determining the
groundwater, soil type & and characteristics during the design and construction phases.
The engineer shall be required to certify that the street centerline elevations are set a
minimum of 3 -feet above the highest established normal groundwater elevation.
11. The engineer shall be required to certify that the street centerline elevations are set a
minimum of 3 -feet above the highest established normal groundwater elevation. This is to
ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above
groundwater.
12. Compaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
STANDARDS FOR CONDITIONAL USES
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following, and may approve a conditional use permit
if they shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. That the site is large enough to accommodate the proposed use and all yards, open
spaces, parking, landscaping and other features as may be required by this ordinance;
Staff finds that the subject property is large enough to accommodate the requested use and all
other required features if the planned development is approved. All residential lots are of
adequate size and shape to accommodate homes that would comply with the proposed bulk
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and dimensional standards.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The current Comprehensive Plan Land Use Map designates the northern parcel of the
subject property as Mixed Use — Community and the southern two parcels are designated
as Public / Quasi -Public. Staff finds that the proposed residential development does
comply with Meridian's Comprehensive Plan policies. Staff does not find the proposed
rezone to L -O and the existing R-4 zoning for the church property to be in conformance
with the City Code. See items A and C under Annexation and Zoning Analysis.
C. That the design, construction, operation, and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character
of the general vicinity and that such use will not adversely change the essential
character of the same area;
Staff finds the design concept to be compatible with the intended character of the area.
See item E under Annexation and Zoning Analysis.
D. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
Staff does not anticipate that the proposed development will have an adverse impact on
the surrounding property. However, the Commission and Council should consider any
testimony given at the public hearings before making this finding.
E. That the proposed use will be served adequately by essential public facilities and
services such as highways, street, police, and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the establishment of
proposed conditional use shall be able to provide adequately any such services;
See comments under Annexation & Zoning Analysis item G.
F. That the proposed use will not create excessive additional requirements at public
cost for public facilities and services and will not be detrimental to the economic
welfare of the community;
See comments under Annexation & Zoning Analysis item H.
G. That the proposed use will not involve activities or processes, materials, equipment,
and conditions of operation that will be detrimental to any persons, property, or
general welfare by reason of excessive production of traffic, noise, smoke, fumes,
glare or odors;
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June 3, 2004 (Hearing Date)
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See comments under Annexation & Zoning Analysis item I.
H. That the proposed use will have vehicular approaches to the property which shall be
so designed as not to create an interference with traffic on surrounding public
streets;
See comments under Annexation & Zoning Analysis item J.
I. That the proposed use will not result in the destruction, loss or damage of a natural,
scenic or historic feature considered to be of major importance.
See comments under Annexation & Zoning Analysis item K.
SPECIAL CONSIDERATIONS – CONDITIONAL USE PERMIT
1. Amenities: The proposed amenities for the planned development are depicted on the
landscape plan. The first amenity is proposed to be nearly 11% open space. The second
amenity is a homeowner's building to be located on a common lot. Additionally, the
applicant is constructing a picnic area on the common lot. The applicant should submit a
detail depicting the plan for the open space areas. The Commission and Council should
review these proposed amenities and determine if they are "appropriate to the size and
uses of the proposed development" per Ordinance 12-6-2.3. Staff recommends approval
of the amenities as proposed.
CONDITIONS OF APPROVAL—CONDITIONAL USE PERMIT
All conditions of the accompanying Preliminary Plat application shall also be considered
conditions of the CUP.
2. This conditional use permit shall be subject to the expiration provisions set forth in MCC 11-
17-4.13.
3. All construction and site improvements shall conform to the requirements of the Americans
with Disabilities Act and the adopted building and fire codes.
4. Revised Plans: Staff recommends that the plans be modified in compliance with this report
and any additional conditions from the Commission and that the applicant submit 10 copies
of all revised plans (plat and landscape) at least 10 days prior to the next hearing on this
application.
AGENCY COMMENTS
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June 3, 2004 (Hearing Date)
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1. One and two family dwellings will require a fire -flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of
400' apart. International Fire Code Appendix D
2. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 '/2" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners.
f Fire hydrants shall not have any vertical obstructions to outlets within 10'
3. All entrance and internal roads shall have a turning radius of 28' inside and
48' outside radius.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5. To increase emergency access to the site a minimum of two points of access will be required for
any portion of the project, which serves more than 50 homes. The two entrances shall be
separated by no less than 1/2 the diagonal measurement of the project.
6. The roadways shall be built to Ada County Highway Standards and shall have a clear driving
surface, available at all times, which is 20' wide. Streets with less than a 29' street width
shall have no parking. Streets with less than 33' shall have parking only on one side.
7. Commercial and office occupancies will require a fire -flow consistent with the International
Fire Code to service the proposed project. Fire hydrants shall be placed an average of 300'
apart.
8. The proposed 42 -lot subdivision with an estimated 2.9 residents per household would have a
total estimated population of 122 residents at build out.
9. The proposed office/commercial lots lot will have an unknown transient population and will
have an unknown impact on Meridian Fire Department call volumes. The Meridian Fire
Department has experienced 2397 responses in the year 2003. According to a report completed
by Fire & Emergency Services Consulting Group our requests for service are projected to reach
2800 in the year 2005 and 3800 by the year 2010.
10. Maintain a separation of 5' from the building to the dumpster enclosure.
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11. All portions of the buildings located on this project must be within 150' of a paved surface.
12. Provide exterior egress lighting as required by the International Building & Fire Codes.
SANITARY SERVICES
No Comment.
PARKS DEPARTMENT
NO COMMENT.
RECOMMENDATION
Staff recommends approval of the CUP, Preliminary Plat and the proposed rezone to R-8 for the
residential subdivision with the aforementioned conditions of approval. Staff also recommends
that the existing church property be rezoned to L -O to bring the church into compliance with the
City code. Staff recommends denial of the proposed L -O rezone due to the nonconforming use
which would be created through the rezone.
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