HomeMy WebLinkAboutChesterfield Sub CUP 03-070
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Chesterfield Subdivision
Case No(s). AZ-03-037 ICUP-03-070 IPP-03-046
For the City Council Hearing Date of: September 21, 2004
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property.' The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the September 21,2004,
public hearing(s). The applicant, affected property owners, and government
subdivisions providing services within the planning jurisdiction of the City of
Meridian were given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-03-037 / CUP --03-070 / PP-03-046- PAGE 1 of 5
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Centennial Development, LLC
4. Required Findings per Zoning and Subdivision Ordinance
a.
a.
See Exhibit F IOIH for the findings required for each type of application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ ll-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, Preliminary Plat
dated 6/21/04 as shown in Exhibit B and the Conditions of Approval in Exhibit CIDIE.
The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated 6/21/04 is hereby conditionally approved; and
CITY OF MERIDIAN FINDfNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-03-037/ CUP --03-070 / PP-03-046- PAGE 2 of5
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. Condition added to Preliminary Plat that City enter a maintenance agreement
with the homeowners association for the purpose of maintaining the pathway.
b. Condition added to CUP to make front setbacks standard and allow a reduction
of setbacks within the side yard setback to allow the option of attached or
detached homes.
3. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
1. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
CITY OF MERIDIAN FfNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-03-037 / CUP --03-070 / PP-03-046- PAGE 3 of 5
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a [mal action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Exhibit H:
Legal Description
Approved Preliminary Plat
Modified Conditions of Approval for Annexation and Zoning
Modified Conditions of Approval for Preliminary Plat
Modified Conditions of Approval for Conditional use Permit
Annexation and Zoning Findings
Preliminary Plat Findings
Conditional Use Permit Findings
/"1""-
Þ day of
By action of the City Council at its regular meeting held on the
¿Jc;/1:J6c- ,2004.
COUNCILMAN SHAUN WARDLE
VOTED~
tOUI~ULjV1f'\l';¡ BILL NARY
'/ô'fnu
VOTED-þ
VOTED~
COUNCILMAN CHARLIE ROUNTREE
COUNCILMAN KEITH BIRD
MAYOR TAMMYdeWEERD
(TIE BREAKER)
VOTED-===-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-03-037 / CUP --03-070 I PP-03-046- PAGE 4 of5
Attest:
~ =
~ !'>::
William G. Berg, Jr., Ci ler %. 'to. ,,~ .0 f
~"C ~T 15"1. ~ ~
~ '1 ...p't' ,~
"" CotINt"'l. ""
Copy served upon Applicant, The Planni"~/anß~#~'bepartment, Public Works Department
and City Attorney.
By: ~)::¡J\. l ~
City Clerk's Office
Dated: \ð-25-04
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-03-037 / CUP --03-070 / PP-03-046- PAGE 5 of 5
EXHffiIT A
Legal Description
Project:
September 10,2003
LEE PROPERTY TOTAL BOUNDARY (CMs/,d,.,IL s,,¡)
PARCEL DESCRJPTlON
A porco} o!l,nd being a poction of the northeast V. ofth, southwest vo aDd a portion ofth, northwest V. of the
,outheast vo of Section 10, Township 3 North, Rang, } West, Boise Meridian, CityofM"idian, Ada County, Idaho,
mo" particula'¡y described as follows:
COMMENCING at a 3" brass cap marking th, northwest com" ofth' southw'st vo of said Section 10;
Thence South 89°10'36" East coincident with the nnrth line ufthe northwest V. of the southwest vo a distance
ofl318.88 feelto a 5/8" "borand no cap m,dcing th, northwest com" ofsaid northeast y, ofth, southwest'~ end th,
POINT OF BEGINNING;
Th,nce South 89°11 '10" East coincident with the north line of said northeast Y. of the southwestVo a distance
of 1317.15 feetlo a 3" brass cap marking the northwest comer of said northwest vo ofth' south,ast Vo;
Thence South WI I '07" East coincid,nt with the north line of said northwest'~ of the southeast V. a distance
of853.69 feel to a JIB" "b"/capPLS 5461 on th, westright-of-way line ofthe Ten Mil,Drain;
Th,nce South 17°00'2B" East coincident with said west dghl-of-w,y line ofth, Ten Mile D"in, 198.28 feet to
aJI8""b"lcapPLSJ461;
Thence South 22°19'37" East co.incid'nt with said west right-of-way line ofth, T,n Mile D"in, 83.44 feet to
aSI8""borlcapPLSS461;
Thence South I BoJ6'22" East coincident with said west right-of-way line ofth, T'n Mil, D"in, 94.89 feet te
a 5/B" rebar/cap PLS J461;
Thenco South 24°5B'19" East coincident with said west dght-of-w,y line ofth, T,n Mile D"in, 12S.16 feet to
eS/B"rebar/capPLSS461;
Thenco South 38°SS'23" East coincid,nt with said westdght-of-w,y lin, of the T,n Mile Drain, 100.02 feet to
a518""bor/capPLSJ461;
Thence South 39°18'43" Eastcoincident with said west right-of-way line ofth, Ten Mile D"in, 89.0S feet to
a Sl8"reborlcapPLS S461¡
Thence SouthWOI '45" East coincident with said west right-of-way line ofth, Ten Mile D"in. 1.76 feet to ,
J/8" rebar/cap PLS 5461;
Thence leaving said west right-of-way lineafthe T,n Mil, Drain, North 88°27'07" West, 16.û7 feelto a SIB"
rebor/capPLSJ461;
Thence South oooJO'J3" West, 267.00 feet to a 5/8" rebar/cap PLS 5461 on th, north right-of-way line of the
O"gon Shortline Railroad;
Thence North W26'2S" West coincident with said north right-of-way lin, of th, Oregon Shortlin, Railroad,
2454.42 feet to a 5/8" rebor/cap PiS 5461 on the west line of said north,ast ,~ of the southwest Vo;
Thence North 00036'48" East colncld,nt with the west line ofsaidnorth,ast vo of the southwest V. a distance
of B48.58 feet to th, POINT OF BEGINNING.
Th, parcel above describ,d contains 46.40 acres, more or less.
Basis ofbeorlngs is N 00052'OS" E between the S/8"reb" with no cap marking th, southeast comer of Section 10 and
the 3" brass cap m"king th, east y, comer of Section 10, Township 3 North, R,ng' I West, Boi" Meridian.
Togeth" with and ,ubject to cov,nants, easem'n~, and restrictions ofrecord.
DavidS ShortIr PLS
End ofDescription
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EXHIBIT B
Approved Preliminary Plat
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EXHIBIT C
Modified Conditions of Approval for Annexation and Zoning
A.
Adopt the Recommendations of the Meridian Planning & Zoning Department as follows:
1.
Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service, per City Ordinance Section 5-7-517, when services
are available from the City of Meridian. Wells may be used for non-domestic purposes
such as landscape irrigation.
B.
Adopt the Recommendations of the Meridian Fire Department as follows:
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 y," 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 of28' inside and
48' outside radius.
4. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
5, Building setbacks shall be per the International Building Code for one and two story
construction.
6. The proposed 214-1ot subdivision with an estimated 2,9 residents per household would have a
total estimated population of 621 residents at build out.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer
8. Paint the curb red and provide ßignage "No Parking Fire Lane".
9. All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
10. No Parking signs and painted curbs will be required for all Fire Lanes,
11. All Common driveways shall be straight or have a turning radius of 28' inside and
outside and shall have a clear driving surface which is 20' wide.
48'
C.
Adopt the Recommendations of Central District Health Department as follows:
1.
This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem,
Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surfac.e water degradation.
2,
3.
4.
5.
D.
Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1, Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with
vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right-of-
way, Transition the location of the right-of-way to taper from a complete 36-foot street
section at the west of the property to one half of a 36-foot street section with a minimum
of 24-feet of pavement, vertical curb, gutter and 5-footconcrete sidewalk within a
minimum of 40-feet of right-of-way at the east of the property. Stripe El Gato Street
(pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes.
2.
Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-
foot concrete sidewalk within 50-feet ofnght-of-way, as proposed.
3.
Construct the two alleys within the subdivision with 20-feet of pavement and construct
the alley intersections with a minimum of back- of-curb radius of IS-feet. If the applicant
is proposing to have the residential lots take access to the alley, parking shall be designed
so the minimum clear distance from the back of the parking stall to the opposite side of
the alley is 22-feet for perpendicular parking. Parking in alley is prohibited.
4.
Construct a main entrance roadway to intersect Pine Street (El Gato Street)
approximately 370- feet east of the west property line.
5.
6.
7.
8,
9.
10.
Construct Notel Creek Avenue to intersect Pine Street (El Gato Street) approximately
560-feet west of the east property line, as proposed.
Construct a stub street (Kaspell Street) to the east property line approximately 110-feet
north of the south property line, as proposed. Install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Construct a stub street to the west property line to serve the 5,3-acre site that is located
directly to the west, as proposed. Construct a temporary turnaround and install a sign at
the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE",
Construct one alternative turnaround at the terminus of Kaspell Street to accommodate
adequate turning area, drainage, maintenance considerations and the written approval of
the emergency fire service for the area where the development is located. Minimum
design standards shall be met for all non-standard turnarounds. Submit a design of the
turnaround for review and approval by District Development Division staff.
Construct center islandslmedians within the public right-of-way of the two main
entrances to the subdivision, as proposed. Provide a minimum of a 21-foot street section
on either side of any proposed center island/median and construct the island to be a
minimum of 4-feet wide to total a minimum of a 100-square foot area,
Any proposed landscape islandslmedians within the public right-of-way dedicated by this
plat are required to be owned and maintained by a homeowners association, Notes of this
will be required on the final plat.
11.
Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as
proposed,
12.
Other than the access points that were specifically approved with this application, direct
lot access to Pine Street is prohibited. This restriction will be required to be noted on the
final plat.
13.
Chesterfield Subdivision's preliminary plat will be approved contingent upon the right-
of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being
dedicated to the public and the roadways being constructed or a financial surety is in
place for the construction of the roadways prior to the signature of the final plat for
Chesterfield Subdivision.
14.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
2.
3.
4.
5.
6,
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details,
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details,
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplernents, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein, An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way, The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
10.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
E.
the plánned use of the subject property unless a waiver/variance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
1.
Applicant shall apply for a land use change application prior to final platting.
2.
All laterals and waste ways must be protected.
3;
The District's Purdam Drain and Kermedy Lateral courses through this proposed
project. This easement must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable.
4,
All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
5.
The Developer must comply with Idaho Code 31-3805,
6.
NMID recommends that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District,
EXHIBIT D
Modified Conditions of Approval for Preliminary Plat
SITE SPECIFIC CONDITIONS I PRELIMINARY PLAT
1.
Water service to this site shall be via main line extensions from the existing mains
adjacent to the property. The applicant shall be required to extend water mains to and
through the proposed development, thereby making them available to the adjacent
properties (including stub streets and El Gato Road,). Subdivision designer to coordinate
main sizing and routing with the Public Works Department. Applicant shall execute City
of Meridian standard forms of easements, for any mains that are required to provide
service.
2.
Sanitary sewer service to this site will be via main line extensions to an existing
temporary lift station within the Blackstone Subdivision. This lift station pumps to an
existing gravity sewer main located in Black Cat Road, that then flows to the Ashford
Greens lift station, The Blackstone lift station shall be upgraded or modified, at this
developers expense, to the City of Meridian's standards and specifications. The applicant
will be responsible to construct lateral sewer mains to and through this proposed
development including and in coordination with the City's Black Cat Trunk Project.
Subdivision designer to coordinate main sizing and routing with the Public Works
Department. This development shall be subject to the Ashford Greens sewer latecomers
fees. Black Cat trunk development fee of $1,500.00 per dwelling unit shall also be
assessed against this development. Payment of the trunk development fees and latecomer
fees are required prior to signature on the ünal plat map by the City Engineer. Applicant
shall execute City of Meridian standard forms of easements, for any mains that are
required to provide service.
3,
The final plat for Chesterfield Subdivision will not be signed until the extension of Pine
Street to Black Cat Road has been completed.
4.
The applicant has not definitively indicated who will own and maintain the pressurized
irrigation system within this development. If the pressurized irrigation system within this
development is to remain a private Homeowners Association system, complete plans and
specifications shall be reviewed by the Public Works Department as part of the
development plan review process. A draft copy of the pressurized irrigation system
O&M manual. must be submitted prior to plan approval. The City of Meridian requires
that pressurized irrigation systems be supplied by a year-round source of water. 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 Meridian City Engineer,
5.
A detailed fencing plan shall be submitted upon application for the final plat. A solid
fence shall be required around the perimeter of the subdivision unless the City agrees in
6.
7.
8.
9.
10.
11.
writing that such a fence is not required. Fencing for the side yards of patio lots bordering
Kaspell Street and all patio lots bordering common areas shall be 4' in height and made
of a semi-solid material. Fencing adjacent to the proposed park shall be 4' in height (to
increase the visibility of the park) and depicted in the fencing plan. This shall be an on-
going condition of approval,
Submit a detailed landscaping depicting the playground equipment to be added to the
proposed parks and a detailed plan for the proposed storm drain ponds.
The applicant has not indicated whether the project is to be phased. If this project is to be
phased, revise the plat to indicate phase lines,
Place a note on the plat that references the FEMA flood plain boundary adjacent to the
Ten Mile Creek. Note restrictions associated with the flood zone on the face of the
preliminary plat
A detailed fencing plan shall be submitted upon application for the final plat. A solid
fence shall be required around the perimeter of the subdivision unless the City agrees in
writing that such a fence is not required. Fencing adjacent to the proposed park shall be
4' in height and depicted in the fencing plan. This shall be an on-going condition of
approval,
Please submit all updated groundwaterlsoils monitoring data to the Public Works
Department for review. The preliminary geotechnical evaluation, as prepared .by Goo
Engineers, indicates that shallow groundwater may be a factor, particularly in the areas of
Test pits #1 and #5, where groundwater is assumed to be at a depth on the order of 3-3
1/2 feet. Any drainage areas (detention/retention basins) must be designed to ensure that
water will percolate or discharge within a period of time not to exceed 24 hours for all
storms up to and including a 100-year storm event. (All areas being counted toward the
10% open space amenity shall be free of "wet ponds" or other such nuisances.) 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. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above groundwater.
The City will enter into a maintenance agreement with the homeowners association for
the purpose of maintaining the pathway,
GENERAL CONDITIONS
1.
2.
3.
4.
Please submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections necessary to
conform.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
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.
All micro-paths within the proposed subdivision shall be designed in accordance with
MCC 12-13-15 "Micropath Landscaping".
5,
A detailed landscape plan, depicting changes made to the plat since the initial submittal
of the project and in compliance with the landscape ordinance shall be submitted for the
subdivision with the final plat application.
6.
Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-
10-8,
7.
100-watt, high-pressure sodium streetlights will be required at locations designated by the
Public Works Department. All streetlights shall be installed at subdivider's expense.
Typical locations are at street intersections andlor 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.
8,
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.
9.
Contact Meridian's Parks Department regarding the existing matures trees on the subject
property prior to the City Council hearing. 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 have to be removed.
10.
Developer shall coordinate mailbox locations with the Meridian Post Office,
11.
12.
B.
2.
3.
4.
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,
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,
Adopt the Recommendations of Central District Health Department as follows:
1.
This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality,
Run-off is not to create a mosquito breeding problem,
Storrnwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and sUrface water quality.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a storrnwater
management system that prevents groundwater and surface water degradation.
5.
C.
Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1.
Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with
vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right- of-
way. Transition the location of the right-of-way to taper from a complete 36-foot street
section at the west of the property to one half of a 36-foot street section with a minimum
of 24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a
minimum of 40-feet of right-of-way at the east of the property. Stripe El Gato Street
(Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes.
2.
Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-
foot concrete sidewalk within 50-feet of right-of-way, as proposed.
3.
Construct the two alleys within the subdivision with 20-feet of pavement and construct
the alley intersections with a minimum of back- of-curb radius of IS-feet. If the applicant
is proposing to have the residential lots take access to the alley, parking shall be designed
so the minimum clear distance from the back of the parking stall to the opposite side of
the alley is 22-feet for perpendicular parking. Parking in alley is prohibited.
4.
Construct a main entrance roadway to intersect Pine Street (El Gato Street)
approximately 370-feet east of the west property line.
5.
6.
7.
8,
9,
10.
II.
12.
13.
14.
Construct Notel Creek Avenue to intersect Pine Street (El Gato Street) approximately
560-feet west of the east property line, as proposed.
Construct a stub street (Kaspel1 Street) to the east property line approximately 110-feet
north of the south property line, as proposed. Install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
Construct a stub street to thewest property line to serve the 5.3-acre site that is located
directly to the west, as proposed. Construct a temporary turnaround and install a sign at
the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
Construct one alternative turnaround at the terminus ofKaspel1 Street to accommodate
adequate turning area, drainage, maintenance considerations and the written approval of
the emergency fire service for the area where the development is located. Minimum
design standards shall be met for all non-standard turnarounds, Submit a design of the
turnaround for review and approval by District Development Division staff.
Construct center islands/medians within the public right-of-way of the two main
entrances to the subdivision, as proposed. Provide a minimum of a 21-foot street section
on either side of any proposed center island/median and construct the island to be a
minimum of 4-feet wide to total a minimum of a 100-square foot area.
Any proposed landscape islands/medians within the public right-of-way dedicated by this
plat are required to be owned and maintained by a homeowners association. Notes of this
will be required on the final plat.
Construct a knuckle at the intersection of Meadowpine Street and Dutton Avenue, as
proposed.
Other than the access points that were specifically approved with this application, direct
lot access to Pine Street is prohibited. This restriction will be required to be noted on the
final plat.
Chesterfield Subdivision's preliminary plat will be approved contingent upon the right-
of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being
dedicated to the public and the roadways being constructed or a financial surety is in
place for the construction of the roadways prior to the signature of the final plat for
Chesterfield Subdivision.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
2.
3.
4.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. C°!1tact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy,
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance,
9.
It is the responsibility of the applicant to verify all existing utilities within the righhof-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction,
10,
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the plarmed use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiverlvariance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
B.
Adopt the Recommendations of the Meridian Fire Department as follows:
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 Y:z" outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street whim 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 of28' inside and
48' outside radius.
4. Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
5. Building setbacks shall be per the International Building Code for one and two story
construction.
6. The proposed 214-10t subdivision with an estimated 2.9 residents per household would have a
total estimated population of621 residents at build out.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer
8. Paint the curb red and provide signage "No Parking Fire Lane",
9. All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
10. No Parking signs and painted curbs will be required for all Fire Lanes.
11. All Common driveways shall be straight or have a turning radius of 28' inside and
outside and shall have a clear driving surface which is 20' wide.
48'
D.
Adopt the Recommendations ofNampa Meridian Irrigation District as follows:
1.
Applicant shall apply for a land use change application prior to final platting.
2.
All laterals and waste ways must be protected.
3.
The District's Purdam Drain and Kermedy Lateral courses through this proposed
project. This easement must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable,
4.
All municipal surface drainage must be rètained on site, If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
5.
The Developer must comply with Idaho Code 31-3805,
6.
NMID recommends that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
A.
A.
EXHIBIT E
Modified Conditions of Approval for Conditional Use Permit
Adopt the Recornmendations of the Planning and Zoning and Engineering staff as
follows:
Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1.
Applicant shall meet all of the requirements of the preliminary plat as a condition of the
Conditional Use Permit.
2.
All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
3,
The following reductions in dimensional standards have been requested by the applicant:
Setbacks- Citv ReQuirements (R-8)
Front: 15' living area and side-entry garage
Proposed Setbacks (single familv)
Modified through Condition #4
Street side:
City ReQuirements (R-8)
20'
Proposed Setbacks
Modified through Condition #4
Lot Size-
City ReQuirements (R-8)
6,500 sq.ft. (detached)
Proposed Lot Sizes
3,100 sq. ft. (detached)
Lot Frontage- City ReQuirements (R-8)
65'minimum
Proposed Frontage
35' minimum
4.
Front setbacks will be standard and CUP will allow for reduction of side yard setbacks to
allow the option for either attached or detached homes.
B,
Adopt the Recommendations of the Meridian Fire Department as follows:
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 \12" 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. Building setbacks shall be per the International Building Code for one and two story
construction.
6. The proposed 214-10t subdivision with an estimated 2,9 residents per household would have a
total estimated population of 621 residents at build out.
7. The fire department requests that any future signalization installed as the result of the
development of this project be equipped with Opticom Sensors to ensure a safe and efficient
response by fire and emergency medical service vehicles. This cost of this installation is to
be borne by the developer
8. Paint the curb red and provide signage "No Parking Fire Lane",
9. All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
10. No Parking signs and painted curbs will be required for all Fire Lanes.
11. All Common driveways shall be straight or have a turning radius of 28' inside and
outside and shall have a clear driving surface which is 20' wide.
48'
C.
Adopt the Recommendations of Central District Health Department as follows:
1.
This proposal can be approved for éentral sewage & central water after written approval
from appropriate entities is submitted.
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem,
Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation,
2.
3,
4.
5.
D,
Adopt the recommendations of the Ada County Highway District as follows:
Site Specific Conditions of Approval
1. Provide sufficient right-of-way on Pine Street to complete a 36-foot street section with
vertical curb, gutter and 5-foot concrete sidewalk within a total of 50-feet of right-of-
way. Transition the location of the right-of-way to taper from a complete 36-foot street
section at the west of the property to one half of a 36-foot street section with a minimum
of 24-feet of pavement, vertical curb, gutter and 5-foot concrete sidewalk within a
minimum of 40-feet of right-of-way at the east of the property, Stripe El Gato Street
(Pine Avenue) to have two 12-foot travel lanes and two 6-foot bike lanes.
2.
Construct the internal roadways as 36-foot street sections with rolled curb, gutter and 5-
foot concrete sidewalk within 50-feet of right-of-way, as proposed.
3,
Construct the two alleys within the subdivision with 20-feet of pavement and construct
the alley intersections with a minimum of back- of-curb radius of IS-feet. If the applicant
is proposing to have the residential lots take access to the alley, parking shall be designed
so the minimum clear distance from the back of the parking stall to the opposite side of
the alley is 22-feet for perpendicular parking, Parking in alley is prohibited.
4.
Construct a main entrance roadway to intersect Pine Street (El Gato Street)
approximately 370-feet east of the west property line,
5.
Construct Notel Creek Avenue to intersect Pine Street (El Gato Street) approximately
560-feet west of the east property line, as proposed,
6.
Construct a stub street (Kaspell Street) to the east property line approximately 11 O-feet
north of the south property line, as proposed. Install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
7.
Construct a stub street to the west property line to serve the 53-acre site that is located
directly to the west, as proposed, Construct a temporary turnaround and install a sign at
the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE".
8.
Construct one alternative turnaround at the terminus ofKaspell Street to accommodate
adequate turning area, drainage, maintenance considerations and the written approval of
the emergency fire service for the area where the development is located. Minimum
design standards shall be met for all non-standard turnarounds. Submit a design of the
turnaround for review and approval by District Development Division staff.
9.
Construct center islandslmedians within the public right-of-way of the two main
entrances to the subdivision, as proposed. Provide a minimum of a 21- foot street section
on either side of any proposed center island/median and construct the island to be a
minimum of 4-feet wide to total a minimum ofa 100-square foot area.
10.
11.
12.
Any proposed landscape islands/medians within the public right-of-way dedicated by this
plat are required to be owned and maintained by a homeowners association. Notes of this
will be required on the final plat.
Construct a knuckle at the intersection ofMeadowpine Street and Dutton Avenue, as
proposed,
Other than the access points that were specifically approved with this application, direct
lot access to Pine Street is prohibited. This restriction will be required to be noted on the
final plat.
13.
Chesterfield Subdivision's preliminary plat will be approved contingent upon the right-
of-way within Castlebrook Subdivision #1 and Castlebrook Subdivision #2 being
dedicated to the public and the roadways being constructed or a financial surety is in
place for the construction of the roadways prior to the signature of the final plat for
Chesterfield Subdivision.
14.
Comply with all Standard Conditions of Approval,
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer,
3,
Replace any existing damaged curb, gutter and sidewalk andany that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5,
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State ofIdaho shall prepare and certify all improvement plans,
6,
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7,
8.
9.
10.
11.
E.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way, The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they are in
writing and signed by the applicant or the applicant's authorized representative and an
authorized representative of the Ada County Highway District. The burden shall be upon
the applicant to obtain written confirmation of any change fÌ'om the Ada County Highway
District.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the planned use of the subject property unless a waiverlvariance of said requirements or
other legal relief is granted pursuant to the law in effect at the time the change in use is
sought.
Adopt the Recornmendations ofNampa Meridian Irrigation District as follows:
1.
Applicant shall apply for a land use change application prior to final platting.
2.
All laterals and waste ways must be protected.
3.
The District's Purdam lliain and Kennedy Lateral courses through this proposed
project. This easement must be protected and any encroachment without a signed License
Agreement and approved plan, before any construction is started, is unacceptable.
4,
All municipal surface drainage must be retained on site. If any surface drainage leaves
the site, the Nampa & Meridian Irrigation District must review drainage plans.
5.
The Developer must comply with Idaho Code 31-3805.
6.
NMID recommends that irrigation water be made available to all developments within
the Nampa & Meridian Irrigation District.
A.
EXHffiIT F
Annexation and Zoning Findings
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;
Staff finds that the requested zoning designàtion, R-8, is harmonious with and in
accordance with the effective Comprehensive Plan ('02) and the Future Land Use
Map, which designates the land to be "Medium Density Residential. "
The Comprehensive Plan also indicates that the subject property should have a
Multi Use pathway running along Ten Mile Creek in the northeast corner of the
subject property. Subdivisions developed to the north of the subject property
have been approved with the regional pathway located on the east side of Ten
Mile Creek. Meridian's Parks Department is supportive of the regional pathway
in this location being located on the east side of Ten Mile Creek. The applicant
has indicated that they will construct a 5' asphalt multi-use pathway along the
west side ofTen Mile Creek. This pathway is an off-site improvement which was
offered by the developer,
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
The applicant has not indicated that they intend to rezone the subject property in
the future.
C.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
Staff finds that the proposed single family residential subdivision would be
allowed within the requested R-8 zone, if accompanied with a Conditional Use
Permit for a Plarmed Development.
D.
Has there been a change in the area or adjacent areas which may dictate that
the area should be rezoned. For example, have the streets been widened, new
railroad access been developed or plaÌmed or adjacent area being developed
in a fashion similar to the proposed rezone area;
Staff finds that the land to the north of the subject property has been developed as
residential subdivisions (Castlebrook Subdivision No.2, a residential subdivision
with R-8 zoning, is located directly north of the subject property) similar to the
proposed subdivision. Staff finds that the requested zoning designation of R -8 is
harmonious with the recently approved subdivisions adjacent to the subject
property and it would be appropriate to rezone the property as requested. The
Comprehensive Plan designates property to the north as Medium Density
Residential, property to the east as Mixed Use Community and properties to the
south as High Density Residential and Industrial.
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 use (single family residential) will be harmonious
with the existing character of the area. See note D above.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written)
to determine whether or not the proposed uses will be disturbing or hazardous to
the existing or future neighboring uses.
Staff does not anticipate that the proposed residential uses will be hazardous or
disturbing to future or existing neighbors.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fIre protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services; -
Staff finds that the' property to be annexed can be serVed adequately by all
essential public facilities and services, Applicant' shall be required to extend
water and sanitary sewer mains to and through the proposed development, thereby
making them available to the adjacent properties, Pine Street will be extended to
the subject property as a part of the development of Castlebrook Subdivision.
Please review agency comments regarding the subject property.
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 proposed subdivision will not result in excessive additional
requirements at public cost for public services and facilities. Infrastructure to
service the proposed planned development is in close proximity to the sùbject
property and the subject property will be accessible off of an existing road
I.
J.
K.
network. The extension of Pine Street to Black Cat Road will be required as a
Condition of Approval for the proposed Chesterfield Subdivision.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff recognizes the fact that traffic and noise will increase upon build-out of the
proposed subdivision; however staff does not feel that the amount generated will
be detrimental to the public welfare of the city. See page 12, Item H.
Will the area 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 subdivision's vehicular approaches will cause some degree of
interference on the surrounding public streets.
Please review ACHD comments concerning vehicular approaches and traffic
generation.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance;
The proposed subdivision will not result in the loss or damage of a natural or
scenic feature of major importance, The site does not contain any natural or
scenic features of great importance. The site does contain a number of mature
trees, The applicant should contact Meridian's Parks Department regarding these
existing trees. Any existing trees larger than 4" caliper that are removed shall be
mitigated for per the Landscape Ordinance,
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
Staff finds services are available to the site and that the proposed subdivision
complies with Meridian's Comprehensive Plan and that the annexation of this
property in the best interest of the City.
EXHffiIT G
Preliminary Plat Findings
a. The conformance of the subdivision with the Comprehensive Development Plan;
Staff finds the subdivision to be in conformance with the Comprehensive Plan. The
Comprehensive Plan designates the property as Medium Density Residential and the
applicant's request for R-8 zoning is consistent with the Medium Density Residential
Comprehensive Plan designation.
b. The availability of public services to accommodate the proposed development;
Staff finds that public services can be made available to accommodate the proposed
development. See Annexation and Zoning Comments G and H.
c. The continuity of the proposed development with the capital improvement
program;
Staff finds that the subdivision will not require the expenditure of capital improvement
funds, the applicant will extend urban services to the subject property from existing main
lines, and the extension of Pine Street will be constructed as a part of the Castlebrook No.
2 Subdivision.
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; the applicant will pay for the construction of extending services to
the subject property.
e. The other health, safety or environmental problems that may be brought to the
Commission's attention.
Staff finds that the proposed development will not present any health, safety or
environmental problems that would need to be brought to the' Council or Commission's
attention.
EXHIBIT H
Conditional Use Permit Findings
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 proposed
subdivision and all required subdivision features including amenities required by the
Planned Development application if requested reductions are approved. Following are
the proposed reductions:
Setbacks- CitY Reauirements (R-8)
Front: 15' living area and side-entry garage
Proposed Setbacks (single familv)
See CUP Conditions for modification
Street side:
CitY Requirements (R-8)
20'
Proposed Setbacks
See CUP Conditions for modification
Lot Size-
CitY Requirements (R-8)
6,500 sq.ft, (detached)
Proposed Lot Sizes
3,100 sq. ft. (detached)
Lot Frontage- CitY Reauirements (R-8)
65'minimum
Proposed Frontage
35' minimum
B.
That the proposed use and development plan will be harmonions with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as "Medium
Density Residential," Staff finds that the proposed residential uses are harmonious with
and in accordance with the Comprehensive Plan.
The project is being proposed as a conditional use for a planned development in order to
allow reduced lot sizes, reduced street frontages, reduced setbacks, and to exceed the
maximum allowed block length oflOOO'. If the project is approved as a Planned
Development, it will meet the minimum requirements of the MCC.
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 that the proposed residential subdivision use will be harmonious with the
intended and existing character of the area. The proposed development is located
immediately south of Castlebrook Subdivision No.2, another residential subdivision with
D.
E.
R-8 zoning and the Comprehensive Plan designates property to the north and west as
Medium Density Residential, to the east as Mixed Use Community, and property
immediately to the south as High Density Residential and Industrial,
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 project will have an adverse impact on other
properties within the vicinity; however, the Commission and Council should consider any
testimony (written and oral) presented at the public hearings before making this finding.
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;
Staff finds that the proposed development will be adequately served by the essential
public facilities and services listed above. See Annexation arid Zoning Comments G and
H.
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;
Staff finds that the proposed use will not be detrimental to the economic welfare of the
community; the applicant will be responsible for the costs of extending existing sewer
and water mains to the subject property and Pine Street will be extended as a part of the
Castlebrook development.
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;
Staff finds that there will be an increase in traffic and noise in the general vicinity if the
subdivision is approved, but that approval of the subdivision will not lead to a major
increase in smoke, fumes, glare, odòrs or other disturbances that will be considered
. detrimental to the welfare of the City and the subdivision's neighbors.
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;
Based on the ACHD staff report, staff finds that the proposed vehicular approaches are
sufficient such that the development will not create significant interference with any
traffic on the surrounding public streets.
ACHD has not indicated that there are any significant traffic issues facing the proposed
project. Please review the ACHD report for this project for additional information
regarding this finding.
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.
Staff finds 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. The applicant
will be required to work with the Parks Department on a mitigation plan for existing
trees,