Strada Bellissima AZ
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Strada BeUissima Subdivision
Case No(s). AZ-04-028, PP-04-038, CUP-04-047
For the City Council Hearing Date of: December 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.
The matter was duly considered by the City Council at the December 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.
b.
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).
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
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 Clerk's office.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-028, PP-O4-038, CUP-O4-047- 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 are Timothy & Kristina Hepper and Cloyd Nelson.
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibit DIE/F for the findings required for each type of application. Council
approves the findings analyses as proposed by staff.
B. Conclusions of Law
I. 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 ([C. §67-
6503).
a.
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
§ 11-17-9.
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, the revised Site
Plan/Preliminary Plat stamped by the City Clerk's office on December 20, 2004, as
shown in Exhibit B and the Conditions of Approval in Exhibit C. 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:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.O4-028, PP.04.038, CUP-O4-047- PAGE 2 of5
I. The applicant's Preliminary Plat/CUP Site Plan as evidenced by having submitted the
Preliminary Plat stamped December 20, 2004 are hereby conditionally approved; and
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. The applicant shall modify the plat to include at least 10% open space,
exclusive of all required street buffers and buffers between land uses.
3. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits (as applicable)
I. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-028, PP-O4-038, CUP-04-047- PAGE 3 of5
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, 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: Legal Description
Exhibit B: Approved Site Plan!Preliminary Plat
Exhibit C: Final Conditions of Approval
Exhibit D: Annexation and Zoning Findings
Exhibit E: Preliminary Plat Findings
Exhibit F: Conditional Use Permit Findings
Exhibit G: Variance Findings
Exhibit H: Other Application Findings
By action of the City Council at its regular meeting held on the
..;1Jn~r:p.t>1 ' 200¿r: S-
COUNCIL MEMBER SHAUN WARDLE VOTED ~
~ day of
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
VOTED æ6~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-028, PP-04-038, CUP-O4-047- PAGE 4 of5
Attest:
and City Attorney.
By:. iÀ(1J¡Yl~~\)J(\
City Clerk's Office
Dated:
\-10-05
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-028, PP-O4-038, CUP-O4-047- PAGE 5 of5
EXHŒIT A
See Attached Legal Descriptions
DEC 28 '04 14:28 FR CITY OF MEPIDIAN
2Ø8 888 4218 TO P-AND-Z
P.Ø5/06
Exhibit "A"
~e Buildings
A parcel of land lacated in the SEI/4 of Section 24, Township 3 Norlh, Range I West,
Boise Meridian, City o¡'Meridian, Ada County, Idaho and more described as follows:
Conunencing at an 5/8 inch rebar marking the NE cornel' of the SE1I4 of the SE1I4 of
said Section 24. thence along the East line SOO"39'09"W a distance of 1330.32 feet to an
aluminum cap monun1ent marking the SE corner of the SEI/4 of said Section 24, also
being on the centerline of W. Victory Road, thence leaving said East line and alortg the
Sauth line of said section 24, also being the centerline of W. Victory Road,
N89"20'S2"Wa distance of 213.76 feet to a point, thence leaving said South line,
continuing along said centerline and along an arc of a curve to the right having a radius of
200.00 feet, an arc length of 138,93 feet" a central angle of39"48'02", and a chord
bearing ofN69°26'51"W a distance of 136.15 feel (0 a point, thence continuing on said
centerline, N49°32'50"W a distance of39.86 feet to a 5/8 inch rebar marking the POTNT
OF BEGINNING:
Thence continuing on said centerline N49D32'SO"W a distance of 16.41 feet to a 5/8 inch
rebar;
Thence leaving said centerline NS6"12'13"E a distance of92.17 feel 10 a 5/8 inch rebar;
Thence N28°1 O'13"E a distance of 30.42 feel (0 a 5/8 inch rebar;
Thence NOSD36'O9"E a distance of 56.62 feet to a 5/8 inch rcbar;
Thence N89D47'19"W a distancc of 189.78 feet to a 5/8 inch rebar;
Thence SO0"43' I 8"W a distance e>f46.16 feet to a 5/8 inch rcbar;
Thence along an arc of a curve to the left having a radius of385.00 feet, an arc length of
67.77 tee!, II. central angle of 10°05'06". and a chord bearing ofN73D06'IO"W a distance
of 67.68 feet to a 5/8 inch rebar;
Thence along an arc of a curve to the right having a radius of20.00 feet, an arc length of
30.62 teet, a central angle of 87°43'53", and a chord bearing ofN34DI6'47"W a distance
of 27.72 feet 10 a 5/8 inch rebar;
Thence NOqo,,;'lII"E a distance of 119.82 feet to a 5/8 inch rebar;
Thence along an arc of a curve to the right having a radius of20.00 tèct, an arc length of
28.30 feet, a central angle of8I"O4'00", and a chord bearing ofN50'07' QuE a distance
01'26.00 feet te> a 5/8 inch rebar;
Thence S89"20'50"E a distance 01'253.94 feet to 5/8 inch rcbar;
Thence NOO'39'O9"E a distance 01'932.13 feet to a 5/8 il1Ch rebar;
ThEmee N82°02'44"E a distance of 101.14 feet 10 a 5/8 inch I'ebar;
Thence S89OZS'31"E adis!al1ce of 105.00 feet to ¡¡ point;
Thence SOo039'O9"W a distance of 1210.31 feel to a 5/8 inch rebar;
Thence N89OZ0'52"W a distance of I 0.00 feet to a 5/8 inch rebar;
Thence SOO'39'09"W a distance of 16.97 feet to a 5/8 inch rcbar;
Thence S55°46' 12"W a distance of 48.72 feet to a brass cap monument;
Thence N8q020'S2"W a distance of 57.05 feet to a S/8 inch lobar;
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DEC 28 '04 14:28 FR CITY OF MEPIDIRN
2ØB 8ffi 4218 TO P-AND-Z
P.06/06
Thence along aJ1 arc ora curve to the right having a radius of318.31 feet, an arc length of
194.44 feet, a centra] angle 0[35°00'00"> and a chord bearing ofN73°S4'48"W a distance
of 191.44 feelt() a 5/8 inch lebar;
Thence S39°57'56"W a distance of25.09 feet to the POINT OF BEGINNING.
Said parcel contains 6.91 acres more or less and is subject to all existing easements and
rights-or-ways of record or implied.
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M¡;,RIDIAN PUllrLIC
WORKS DEP .
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** TOTAL PAGE.06 **
DEC 28 '04 14:27 FR CITY OF MEPIDIAN
208 888 4218 TO P-AND-Z
P.Ø3/06
Exhibit "A"
( KtsicJi'TL-tic.I)
A parcel of laod located in the SEI/4 of Section 24, Township 3 North, Range 1 West,
Boise Meridian, City of Mcridian, Ada County, Idaho and more described as follows:
Commencing at an aluminum cap monument marking the SE comcr of said Section 24,
thel)ce along the South line of saìd SE1I4, N89"20'S2"W ¡, distance of 1320.10 feet to an
aluminum ca.p monument marking the SW comer ofthe 8EI/4 ofsaid SE1/4, thence
continuing along said South line N89'20' S2"W a distance of 86.08 feet to a 5/8 inch
rebar being the POINT Or: BEGINNING:
Thence continuing along said South line N89'20'52"W a distance of 88.94 feet to a 5/8
inch rebar;
Thence leaving said Saulh line N03°S9'OT'E ¡¡ distance of 292.17 feet to a 5/8 inch rehar;
Thencc N08°35'2S"W ¡¡ distance of202.79 feet to a 5/8 inch rebar;
Thence NOO'08'33"E a distance of 191.01 feet to a 5/8 inch rebar;
Thence N29'33'06"W a distance of 132.04 feet to a 5/8 inch rebar;
Thence N20'17'09"W a distance of 113.33 feet to a 5/8 inch rebar;
Thence NOO"SO' 12"£ a distance of232.28 feet tl} a 5/8 inch rebar;
Thence N05°32'42"E "distance of 438.11 feet to a 5/8 inch rebar;
Thence N8s012'48"E a distance of265.S7 feet to a 5/8 inch rebar on the East line "flhe
NW]/4 ofth~ SEl/4 of said Section 24;
Thence along said East line S()O045'25"W a digtance 0£267.98 feet t" a 5/8 inch rebar
marking theNW £f}mer ",f\he SEhl4 of the SE1I4 of said Secli9R 24;
Thence leaving said East line al)d along the North line "fthe SEl/4 oflhe SEI/4 of said
Section 24 S89"24'54,,E a distance of 1252.33 feet to a 5/8 inch rcbar;
Thenc.e leaving .aid North tine 800039'09"W a distance of 34.77 feet to a point;
Thence N89Q25'31"W a distance of 105.00 feet to a 5/8 inch rebar;
Thence S82'02'44"W a distance af 101.14 feet to a 5/8 inch rebar;
Thence SOO"39'09"W a distance of 932, 13 feel to a 5/8 inch rebar;
Thence N89"20' 52"W a distance of 253.94 feet to a 5/8 inch rebar;
Thence along an arc of a CUTVe I" the left having a radius of20.QO feel, an arc le¡¡glh of
28,30 fcct, a c~ntral aDgle of 81°04'00", and a Óord b~aring l,ES50.07' IO"W a distance
of 26.00 feet ta a 5/8 inch rebar;
Thence 809'35' lO"W a distance of 119.82 feet to a 5/8 inch rebar;
Thence along an arc of a curve to the left having a radius ono.oo feet, an arc length of
30.62 feet, a central angle of 87°43'53", and a chord bearing ofS14'16'4TE a distance
of 27.72 feet to a 5/8 inch rebar;
Thence along an arc of a curve to the right having a radius of 385.00 feel, an arc length of
67.77 feet, a central angle of 10'05'06", and a chord bearing of S73°06'10"E a dislancc
of 67.68 feet to a 5/8 inch rebar;
Thence SOO"43'¡g"W a distance of27.08 feel to a 5/8 inch rebar on the c~nterlinc of
West Victory Road;
Thence along the centerline of West Victory Road and a.lcmg an arc of a curve to the left
having a 350.00 feet, an arc length of 89.16 fect, a central angle of 14'35'45", and a
chord bearing nrN73"06'58"W a distance of88.92 feet to a 5/8 ÎI1ch rebar;
CO46123 - """"rl,,~_,uhd¡v¡,ionJ'I,I_O91'D'wdg.do,
DEC 28 '04 14:28 FR CITY OF MEPIDIRN
208 888 4218 TO P-AND-Z
P.04/06
Thence N80OZ4'54"W a distance of 514.81 feel te> a 5/8 io.ch rebar~
Thence along an arc of a curve to the left having a radius of250.00 feet, an arc length of
137.15, a central angle of3I"26'00", and a chord bearing ofS83°S2'08"W a distance (If
135.44 feetto a 5/8 inch rebar;
Thence S68"O9'OS"W a distance of 44.82 feet to a 5/8 inch rebar;
Thence along an arc of a curve to the left having a radius of 100.00 feet, an arc length of
27.0S feet, a central angle of 15°30'48", and a chord bearing of S60"23 '44"W a distance
<>f26.99 feet te> a 5/8 inch rebar;
Thence S52°46'39"W a distance of 59.0S feet to a 5/8 inch Tebar marking the intersection
of said centerline and the West line of the SEI/4 of the 5£1/4 of said Section 24;
Thence leaving said centerline and the West line of the said SE1I4 of the SE1/4
S2S"I7'SI"W a distance of 186.24 feet to the POINT OF BEGINN1Nú.
Said parcel contains 35.55 aCres more or less and is subject to a1l existing easements and
rights-of-ways of record Or implied.
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MERIDIAN PUBLIC
WORKS DEPT.
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DEC 28 '04 14:27 FR CITY OF MERIDIAN
208 888 4218 TO P-RND-Z
P.01/06
Exhibit "A" ((Jho\~ Ül-e ')
A p,=el ofland for the purpose of annexation located in the 8E1I4 of Section 24,
Township 3 North, Range I West, Boise Meridian, City of Meridian, Ada County, Idaho
and more described as follows:
BeginJIing at a 5/8 inch rebars marking the NE comer of the SE1/4 of the SEl/4 of said
Section 24, thence along the East line of said Section 24, SOoo39'O9"W a distance of
1330.32 feet to a brass cap monument ¡narkìng the SE comer of the SEl/4 of said Section
24,
Thence leaving said East line and along the South line of Said Section 24, also being the
centerline ofW. Victory Road, thence N89"20'52'W a distance of213.76 feet to a puint;
Thence Leaving said SQuib line, continuing along said centerline and along an are of a
curve to the right having a radius of 200.00 feet, an arc length of 138,93 feet, a centra!
angle of 39°48'02", and a chord bearing of N69"26' 51"W a distance 01'136.15 teet to a
5/8 inch rebar;
Thence N49°32' 50"W a distance of 56.30 feet to a 5/8 inch rebar;
Thence leaving said centerline N56°12'13"E a distance of92.17 feet 10 a 5/8 inch rebar;
Thence N28°10' l3"E a distance of 30.42 feet to a 5/8 inch rebar;
Thence NO5'36'09"E a distance of 56.62 feet to a 5/8 inch rebar;
Thence N89°47' 19"W a disumce of 189.78 feet to a 5/8 inch rebar;
Thence SOO'43'18"W a distance of73.24 feet to a 5/8 inch rebar on thecenlerline of said
W. Victory Road;
Thence along Ibc centerline ofW, Victory Road and along an arc of a curve to the leli
having a radius of350.00 feet, an arc lengtb.of89.16 feet, a central angle of 14'35'45",
and a chord bearin~ ofN73°06'58"W a distance of 88.92 feetto a 5/8 inch rebar;
Thence N80'24'52"W a distance of 514.81 feet to a 5/8 inch rebar;
Thence along an arc of a curve to the left having a radius of 250,00 feet, an arc length of
137.15 feet, a cenlIal angle on J0:26'00", and a chord bearing ofS83°52'08"W a distance
¡)f 135.44 feel to a 5/8 inch rebar;
Thence S68'O9'O8"W a distance of 44.82 feet to a 5/8 inch rcbar;
Thence along an arc of a curve to the left having a radius of ¡ 00.00 feet, an are length of
27.08 feet, a central alJ.g!e of 15'30'48", and a chord bearing of S60"23 '44"W a distance
of26.99 feel 10 a 5/8 inch rebar;
Thence S52'46'39"W a distance of 59.08 feet to a 5/8 incb rehar markingthe interSection
of the centerline of West Victory Road and the Weõt.line of the SEI/4 oflb" SEi/4 of
said Section 24;
Thence leaving the centerline of said Wcst Victory R¡)ad and the Weslline of said SE 1/4
of the SEI/4 of said Section 24, S28°17'51"W a distance ofl86.24feet to a 5/8 inch rebar
on the South line of said Section 24;
Thence along the South line of said Section 24 N89'20' 52"W a distance of 88.94 feet to a
5/8 inch rcbar;
Thence leaving said South line N03°59'07"E a distance ()f 292.17 feet to a 5/8 inch reb..r;
Thencc N08'35'25"W a distance uf202.79 feet to ¡¡ 5/8 inch reba¡:;
Thencc NOO"O8')3"E a distance uf191.0l feet to a 5/8 inch rcbar;
Thence N29'33 'O6"W a distance of 132.04 feet to a 5/8 inch rebar;
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DEC 28 '04 14:27 FR CITY OF MEPIDIFf'I
208 888 4218 TO P-I'INJ)-Z
P.02/06
Thence N20"I7'O9"W a distance of 113.33 f~llo a S/8 inch rebar;
Thence NOooSO'12"E a distance of 232.28 feet to a 5/8 inch rebar;
Thence NO5"32'42"E a distance of 438.11 feet to a 5/8 inch rebar;
Thence N85°12'48"E a distance of 265-57 feet to a 5/8 inch rebar on the East line of the
NWII4 of the SE1I4 of said Section 24;
Thence along said East line SOO'45'25"W a distance of267.98 feet to a 5/8 inch rebar
marking the NW comer of the SEl/4 of!h<: SEI/4 of said Section 24;
Thence leaving said East line and along the North line ofth<: SE1/4 of the 5E1/4 of said
Section 24 589"24' 54"E a distance of 1317.34 Feet to the POINT OF FlEGTNNlNG;
Said parcel contains 43.83 acres more Or kgs and is subject to all existing easements and
rights-of-way" of record or replied.
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EXHŒIT B
Approved Preliminary Plat
Strada Bellissima Subdivision
(File PP-04-038)
See Attached Plat
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Approved Site Plan & Landscape Plan
Strada Bellissima Subdivision
(File CUP-04-047)
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EXUŒIT D
Annexation & Zoning
Strada BeUissima Subdivision
(File AZ-04-028)
ANNEXA nON & ZONING COMMENTS
1. The Council approves of the 20% Use Exception requested by the applicant for the
office uses located along Meridian Road.
EXHŒIT E
Preliminary Plat
Strada BeUissima Subdivision
(File PP-O4-038)
SITE SPECIFIC CONDITIONS PRELIMINARY PLAT
1.
All conditions of the accompanying Conditional Use Permit application shall also
be considered conditions of the Preliminary Plat.
2.
The applicant shall dedicate to the Ada County Highway District's (ACHD) the
prescriptive right-of-way along Victory Road and show the new property line
location on the plat.
3.
The subdivision shall have at least 10% open space per the motion of City
Council.
4.
The applicant shall construct Appia Street with a cul-de-sac or knuckle at the
south end.
5.
Add an easement along Victory Road for the landscape buffer along the south end
of Lot 4, Block 2. The width of the easement shall be 30 feet from edge of right-
of-way, which provides for 20 feet of landscaping and the IO-foot asphalt path-
similar to what is already shown for Lot 11, Block 8. Also plat a 20-foot
easement for a buffer between land uses around the outparcel and behind the lots
along Alfani Street.
6.
The buffers between land uses shall include one tree per 35 lineal feet and a six-
foot fence. '
7.
Staff will correct the street names in the conditions of approval to match the plans
received by ACHD and the Fire Department.
8.
Applicant has indicated that the storm drainage will be conveyed to subsurface
disposal systems. Any modification from this concept shall be subject to review
by the Planning & Zoning and Public Works Departments.
9.
The landscape plan submitted with the final plat shall be modified per the
following:
. Detach the 10- foot wide pathway along Victory Road in the landscape
buffers.
Show the micropath on Lot 17, Block 2.
.
10.
Sanitary sewer service to this site shall be via main line extensions from an
existing main approximately \4 mile north near the Elk Run Subdivision. The
applicant will be responsible for constructing the mains to and through this
15.
16.
proposed development, thereby making them available to adjacent properties.
The subdivision designer is responsible for coordinating main sizing and routing
with the Public Works Department.
11.
Water service to this site shall be via main line extension from an existing water
main north of the site along the east side of SH-69 and bored under the highway
and looped into the existing Bear Creek water service. The applicant will be
responsible for constructing the mains to and through this proposed development,
thereby making them available to adjacent properties. The subdivision designer is
responsible for coordinating main sizing and routing with the Public Works
Department.
12.
The applicant has indicated that the pressurized irrigation system within this
development will 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.
13.
A detailed fencing plan shall be submitted with the application for final plat. A 6-
foot solid fence shall be required around the perimeter of the subdivision unless
the City agrees in writing that such a fence is not required. Applicant shall address
intended fencing design at the public hearings.
14.
In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot detached
sidewalks adjacent to Meridian Road (SH-69), Applicant shall construct a
detached ten-foot wide asphalt or concrete path, in lieu of a sidewalk, adjacent to
Victory road. Applicant shall also provide 4-foot detached sidewalks internally,
as proposed.
The applicant shall be responsible for payment of and the actual physical sanitary
sewer and domestic water connection for the existing house.
Please submit all updated groundwaterlsoils monitoring data to the Public Works
Department for review. All drainage facilities (detention/retention basins) must be
designed to ensure that water is retained only during 1O0-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.
17.
The applicant shall be required to submit a rnaster grading and drainage plan as
part of the development plans for the subdivision. This plan will be reviewed and
approved as part of the plan review process.
GENERAL COMMENTS-PRELIMINARY PLAT
1.
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.
2.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
3.
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.
4.
Any pathways or micropaths within the proposed subdivision shall be designed in
accordance with MCC 12-13-15 "Micropath Landscaping".
5.
A detailed landscape plan, in compliance with the Landscape Ordinance and
conditions of the preliminary plat, 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.
250 and 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
11.
12.
obtained, plans will be reviewed and approved by the meridian City Engineer
prior to final plat signature.
9.
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.
10.
Developer shall coordinate mailbox locations with the Meridian Post Office.
Any existing domestic wells andlor 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.
7.
8.
9.
10.
EXHIBIT F
Conditional Use Permit
Strada Bellissima Subdivision
(File CUP-04-047)
SITE SPECIFIC CONDITIONS (Conditional Use Permit}
1.
The planned development shall have a minimum of 10% open space, exclusive of
required landscape buffers, per Council action.
2.
Applicant shall meet all of the requirements of the annexation and preliminary
plat as a condition of the Conditional Use Permit.
3.
The applicant shall construct a detached lO-foot wide multi-use pathway along
the north side of Victory Road. Construction materials may be either concrete or
asphalt. The pathway shall stub in alignment with the detached along Bear Creek
Subdivision.
4.
The amenities that will be required for this planned development are: a micropath
and bus stop location; an open space plaza; a tot lot; and detached sidewalks with
street trees as depicted on the approved plan.
5.
The project shall conform to the modified dimensional standards, as follows:
. Minimum lot frontage: 76 feet
6.
The proposed street buffers along Meridian Road and Victory Road shall be
planted with the initial subdivision improvements and shall not wait for
development of the office lots. The buffer between land uses shall be planted
with the parking lot improvements. All required buffers. shall be maintained
jointly by the business-owners and/or home-owners associations.
The applicant shall meet with staff to refine the parking area design regarding
planters and trash enclosure layout prior to meeting with City Council.
A cross access agreement shall be provided to the outparcel (S1224449600) from
the parking area on Lots 2 and 3, Block 2.
The uses in the L-O use exception areas shall be governed by the Schedule of Use
Control for the L-O zone.
Six foot tall vinyl fencing shall be required, as proposed, to match Bear Creek's
fencing.
11.
All hornes, whether new or existing, shall take aGcess internally from the
subdivision and not from adjacent section line roads. The applicant has indicated
that only the home on Lot 10, Block 10 will remain. All other existing
structures-houses and outbuildings-shall be removed.
12.
The applicant shall submit 10 copies of a revised plat, site plan, and landscape
plan to the Clerk's office at least 10 days prior to the next public hearing on this
project.
FIRE DEPARTMENT CONDITIONS
1. Provide adequate room for fire trucks to make a three-point turn on Lot 10, Block
7 and depict this area with an easement on the plat.
2. Any house larger than 3,600 s.f. including garage shall have a water flow of 1,500
g.p.m. available to the site.
3. The cul-de-sacs at the end of Appia and Jiovanni shall be widened to at least 33
feet around the island on the east and west sides and at least 33 feet on the north
side. The applicant shall comply with Section D. 103.4 of International Fire Code
regarding dead-end streets.
4. A master address identification plan must be worked out with the Fire Department
prior to submittal of the final plat.
5. No street grade shall be steeper than 10% per Code D.I 03.2.
6. Modify the site layout on Lot 2, Block 2 to reduce the length of the dead-end
parking area. Coordinate with Fire Marshall, Joe Silva, 888-1234.
7. If Maestra access point onto SH-69 is denied by ITD, the commercial drive will
need to be a private street with addressing, or Maestra will need to be constructed
as emergency access only.
8. 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
9. Acceptance of the water supply for fife protection will be by the Meridian Water
Department.
10. 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 shan be placed on corners.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
II. The phasing plan may require that any roadway greater than 150' in length that is not
provided with an outlet shall be required to have an approved turn around.
12. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
13. Provide a 20' wide Fire Lane for all internal & external roadways.
14. Operational fire hydrants and temporary or pennanent street signs are required before
combustible construction begins.
IS. Commercial and office occupancies will require a flCe-flow consistent with the
International Fire Code to service the proposed project. Fire hydrants shall be placed an
average of300' apart.
16. The proposed 90-10t subdivision with an estimated 2.9 residents per household would have a
total estimated population of 261 residents at build out.
17. The 14 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.
18. The proposed project lies outside the five-minute response zone goal. Achievement of
this goal is subject to budgetary constraints and is intended to enhance the probability of
a favorable outcome on a request for Basic Life Support. The budget constraints are
typically defined as capital outlay for facilities that are located within 1.5 miles from a
given location and sufficient operational funds to staff the facilities.
19. Maintain a separation of 5' from the building to the dwnpster enclosure.
20. Provide a Knoxbox entry system for the complex.
21. Paint the curb red and provide signage "No Parking Fire Lane". VerifY locations with Fire
Marshall, Joe Silva, 888-1234.
22. Provide exterior egress lighting as required by the International Building & Fire Codes.
SANITARY SERVICES CONDITIONS
1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your
proposal prior to the next public hearing. There is a concern that there are
insufficient proposed enclosure locations and may require modifications that
could impact your site design and may require a revised site plan.
2. Please contact Bill Gregory at SSC (888-3999) when applying for a certificate of
zoning compliance for detailed review of your proposal and submit stamped
(approved) plans with your application.
PARKS DEPARTMENT CONDITIONS
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & c.
2. Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
3. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
4. Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed.
IDAHO TRANSPORTATION DEPARTMENT (IT») CONDITIONS
I. Required right-of-way for SH-69 shall be either A: 120 feet from centerline to
include a frontage road, or B: 70 feet from centerline if the developer provides an
internal frontage road type system to feeder roads.
2. The applicant shall construct a deceleration lane at the developer's expense.
EXHIBIT G
Ada County Highway District Conditions
Strada BeUissima Subdivision
(File AZ-04-028/PP-O4-038/CUP-04-047)
Site Specific Conditions of Approval
1.
Construct all of the internal, local streets (except for Alfani Street, Galvani Street
and Maestra Street) as 36-foot street sections with rolled curb, gutter, and 4-foot
detached concrete sidewalks with5-foot planter strips within 50-feet of right- of-
way, as proposed.
2.
Construct Alfani Street from the subdivision entrance on Victory Road to Galvani
Street (first intersecting street) with vertical curb, gutter, and 5-foot concrete
sidewalks, as proposed. Provide a 2 I-foot street section on each side of the
proposed landscape island.
3.
Construct Galvani Street (from Alfani Street to commercial driveway) to a
commercial street standard (base & pavement depth) with vertical curb, gutter,
and 5-foot concrete sidewalks. The street may be constructed to the width of a
residential street (36-feet back of curb to back of curb). Galvani Street shall be
signed for "No Parking."
4.
If the Idaho Transportation Department approves the location ofMaestra Street,
construct Maestra Street from Meridian Road to Alfani Street as a commercial
half-street with no landscape island at the intersection ofMaestra Street and
Meridian Road. Maestra Street shall be constructed to commercial street
standards (1/2 of a 40-foot street section with vertical curb, gutter, and 5-foot
sidewalks) from Meridian Road to the driveway serving the office lots. The
applicant shall provide a minimum of 24- feet of pavement for the half street.
Maestra Street may taper to a residential street section beyond the driveway
serving the office lots, but shall have vertical curb its entire length.
5.
Widen the pavement on Victory Road to one-half of a 46-foot street section and
construct vertical curb and gutter abutting the site. Coordinate with District
Development Review staff on the reconstruction of Victory Road, at the
southwest corner of the site, to increase the radius at the reverse curve and to
increase the tangent between the curves to meet current standards.
6.
Construct a 10-foot wide asphalt path along Victory Road abutting the site in lieu
of a concrete sidewalk. The path shall not be placed within the public right-of-
way, and the applicant shall provide an easement to the District for that path.
7.
If the District can obtain right-of-way from the "0.38-acre out-parcel," the
applicant shall enter into a cooperative agreement with District whereby the
8.
9.
10.
developer designs and constructs the roadway improvements and receives
reimbursement from the District for that design and construction of roadway
improvements abutting the frontage of the "0.38-acre out-parcel."
Comply with requirements of ITD for State Highway 69 frontage. Submit to the
District a letter from ITD regarding said requirements prior to District approval of
the final plat or issuance of a building permit (or other required permits),
whichever occurs first. Contact District III Traffic Engineer Dan Coonce at 334-
8340.
Extend the stub street (W. Fireweed Drive) into the site from the west property
line from Bear Creek Subdivision.
Construct Garibaldi Street as a stub street to the north property line. The stub
street shall be located approximately 480-feet east of the westernmost property
line (measured property line to centerline). Lot 2, Block 7 shall be designated as
a temporary turnaround lot until the roadway is extended; a note of this shall be
placed on the final plat. The applicant shall install a sign at the terminus of the
stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE
FUTURE."
II.
Construct Alfani Street as a stub street to the north property line. The stub street
shall be located approxirnately 386-feet west of the east property line (measured
property line to centerline). Alfani Street intersects with Maestra Street (proposed
half street) at the north property line. If ITD does not approve Maestra Street, the
applicant shall provide a temporary turnaround at the terminus of Alfani Street.
The applicant shall install a sign at the terminus of the stub street stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE."
12.
Provide a minimum 29-foot street section on each side of the landscape islands
within the cul-de-sac turnarounds. The applicant shall submit a letter from the
appropriate fire district approving the design of the islands within the turnarounds.
13.
Construct a standard cul-de-sac turnaround (45-foot minimum radius) or a
standard knuckle at the terminus of Appia Street.
14.
Provide a turnaround easement over the office lot driveway at the terminus of
Galvani Street (west property line of Lot 6, Block 2). The turnaround
design/easement should be reviewed and approved by the appropriate Fire
District. The applicant should submit a letter from the appropriate fIre district
approving the turnaround design.
15.
The driveway for the office lots (Lots 2 & 3, Block 2) on the south side of
Galvani Street shall align with Alfani Street on the north side OR take access to
the internal commercial driveway.
10.
16.
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 and any 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 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
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
11.
District. The burden shall be upon the applicant to obtain written confirmation of
any change from 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.
EXHŒIT H
Strada BeUissima Subdivision
(File PP-04-038)
Central District Health Conditions of Approval
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. 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.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality,
5. 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.
EXHŒIT I
Nampa & Meridian Irrigation District Conditions
Strada Bellissima Subdivision
(File CUP-04-047)
1.
If any surface drainage leaves the site, the Nampa & Meridian Irrigation District
requires a Land Use Change Application be filed for review prior to final platting.
Please contact Donna Moore at 466-7861 for further information.
2.
All laterals and waste ways must be protected.
3.
The District's Five Mile Drain courses through the northeast corner of 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.
The developer must comply with Idaho Code 31-3805.
5.
It is recommended that irrigation water be made available to all developments
within the Nampa & Meridian Irrigation District.
EXHIBIT J
Idaho Transportation Department
Strada BeUissima Subdivision
(File PP-04-0381 CUP-04-048)
Please see attached letter dated November 26, 2004.
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Novçrnbcr 26, 2004
David McKinnon
Pinnac!e E'nb'ÌneerN
12552 W. Executive Dr.
Boise, lD 83713
Re:
Permit Application No. :l-05-01I,8H-69, EVAns
!)çar Mr. McKinnon;
Your pennit application was approved on November 19, 2004 with lhe follow;ngconditions
1. A deceleration lane at both the: noN access and at Victory Rd.. a minimum of220' lang
(120' IIIpcr and 100' storage); will be constructed for southbound traffic; enlering Ihe
development. ~~._C._""""'~I \2..~'6,\. ~ 1I¡"""""",'Z...p......p,..;>;,,..,¡.........~
Ü-+-I.. ~~ -r"':""""¿"'r....,'S....IoII:; ~ CJð<-' l,.oO-....,.J r"'tr'"-.
2. 12' width ofproportytiOl'ltage adjacent to thc decelerution lono will bc donated.
3. The approach will be rigbt-ln I rigbt-out only. To C!ISUlC full and f¡lir disclosure 1.0 lhe future
owners of(his dcvclopmcnt the dcvclopcr is required to place a statemenl on the subdivision
platltßd çach subdivision lot deed that reads, "The Jdaho Transportation Department may in
the future c;onstnlet II median ín the center of Meridian Rd. (SUIte Highway 69) which will
result in only right turns into or Ollt ofthe suildivision.
4. The appTOach will be joint use IHItweon the subdivision IIIId tbe church parcels.
6. The parcels will not be pcnnitted any olher access 10 SH-Cí9.
If you havc any questions, please contact Larry Bronson at 334-8328, Mal! Ward of 334-8341. or
myself al 334-8924.
Sincerely.
~~Jt
CI-IRIS CANrr8LD, P.E.
District Assistant Traffic Enginecr
- An l=quW apl""""./y /iimploYCI' -
EXHIBIT K
Annexation and Zoning Findings
Strada Bellissima Subdivision
(File AZ-04-028)
The City Council hereby approves the following analysis of required findings by staff:
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are required
"to review the particular facts and circumstances of each proposed zoning amendment in
terms of the following standards and shall find adequate evidence answering the
following questions about the proposed zoning amendment. "
The following is the list of standards found in 11-15-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance witb the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
Staff fmds that the requested zoning designation, R-4, is harmonious with
and in accordance with the City's Cornprehensive Plan and Future Land
Use Map only if the lot sizes are large enough to reduce the gross density
below 3 d.u./acre, which they do. The subject property is shown as Low
Density Residential (less than 3 d.u./acre). The proposed density-2.7
d.u./acre gross-is within the range designated by the Comprehensive
Plan. The east portion of the property is proposed to be office. Office
uses are generally prohibited in the Low Density Residential land use area,
but may be approved as a use exception through the planned development
process.
B.
Is the area included in the zoning amendment intended to be rezoned
in the future;
Staff does not anticipate that the applicant intends 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 development would be allowed within the
requested R-4 and L-O zones, (if the accompanying Conditional Use
Permit for a Planned Development is also approved).
F.
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 planned or
adjacent area being developed in a fashion similar to the proposed
rezone area;
Staff finds that the land to the west has been annexed and approved for
single-family residential lots in Bear Creek Subdivision. Bear Creek has a
gross density of 2.8 d.u.lacre. The proposed density-2.7 d.u.lacre
gross-is very similar to to Bear Creek. Thus staff finds that the adjacent
development is similar to the proposed project. ACHD has also reviewed
the adjacent street capacity and has approved the proposed subdivision
(with conditions).
E.
Will the proposed uses be designed, constructed, operated aud
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;
Stafffmds that the proposed uses (single family residential and office) will
change the existing character of the area, which is largely rural. However,
the change to low density residential is harmonious with the intended
character envisioned by the Comprehensive Plan, as described above.
The appropriateness of the office use exception is open for a
determination by the Commission and Council. There are both pros and
cons associated with this proposal. On the positive side, the office buffers
the residences from traffic noise on SH-69. Also, the office project does
have limited access points. And, it is directly across from a significant
commercial project, recently approved for Mussell Corner (at Victory
Greens). On the negative side, it is a quarter mile of linear office
development. During the Comprehensive Plan public hearings in 2002,
the request to make the frontage along Meridian Road commercial was
discussed at length, and it was decided that this area was to remain low
density residential. Staff raises the issue for discussion and resolution.
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 use will be disturbing or
hazardous to the existing or future neighboring uses. Staff does not
anticipate that the proposed uses will be hazardous or disturbing to future
or existing neighbors, as long as landscaping, fencing and other
recommended conditions are exercised.
I.
J.
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 may 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.
Sewer mains must be extended approximately \4 mile from Elk Run to the
north. Water must be extended along the east side of SH-69 and bored
under the highway and looped into the existing Bear Creek water service.
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;
If approved, the developer will finance the extension of sewer, water,
utilities and pressurized irrigation to serve the project. The primary public
costs to serve the future residents will be fire and police services. Staff
finds that there will not be excessive additional requirements at public cost
and that the annexation and zoning will not be detrimental to the
community's economic welfare.
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 finds that the proposed subdivision will not create excessive traffic,
noise or other nuisances that would be detrimental to the general welfare
of the surrounding area. According to ACHD's report, the project is
anticipated to generate up to 870 additional vehicle trips per day for the
residential area and up to 2,032 additional vehicle trips per day for the
office area. Staff recognizes the fact that traffic and noise will increase
with the approval of this subdivision; however staff does not feel that the
amount generated will be detrimental to the public welfare of the city.
The proposed uses do not involve activities that would create smoke,
fumes, glare, or odors.
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;
L.
The proposed access to the subdivision from Victory Road has been
approved by ACHD. The proposed access from SH-69 has been reviewed
by ITD staff, Chris Canfield, who submitted a letter on the prior
application, dated 8/25/04. It states that the ITD is willing to allow the
proposed shared access from SH-69. It also states that right-of-way
widths must be preserved at 120 feet from centerline or 70 feet if an
internal frontage road is provided. The proposed application shows 70
feet from centerline. It is unclear whether ITD will recognize the
proposed drive aisle as an internal frontage road. The applicant should
address this at the hearing.
It is staff's understanding that the applicant's request for access to SH-69
is still ongoing and the variance request to ITD is in process. The
applicant should update the Commission and Council on the status of this
process during the public hearings.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff finds that the existing trees around the existing residences are now
shown on on the landscape plan. The applicant has shown the trees that
will be removed to accommodate the proposed development, the trees that
will be relocated, and the trees that will remain. Any existing trees larger
than 4" caliper that are removed shall be mitigated for, per the Landscape
Ordinance. Staff notes that the applicant is saving and/or relocating many
of the existing trees. Four large trees will be removed, for a total of 57
caliper-inches. This would require 28 two-inch caliper trees as mitigation;
the applicant is proposing 115 mitigation trees as street trees within the
project. The proposed new street trees will be more than enough to
mitigate for the trees that are being removed.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
Staff finds that the annexation of this property would be in the best interest
of the City.
EXIDBIT L
Preliminary Plat Findings
Strada Bellissima Subdivision
(File PP-04-038)
The City Council hereby approves the following analysis of required findings by staff:
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 thefollowing:
a. The conformance of the subdivision with the Comprehensive Development
Plan;
As noted above, staff finds that the subdivision appears to be in conformance with the
Comprehensive Plan, provided the Commission and Council grant the requested
planned development/use exception. See Annexation and Zoning Analysis item A.
b. The availability of public services to
development;
accommodate the proposed
Staff finds that public services can be made available to accommodate the proposed
development. See Annexation and Zoning Analysis item H.
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.
Because the developer is installing sewer, water, local street infrastructure, utilities
and irrigation, the subdivision will not require the expenditure of capital improvement
funds. See Annexation and Zoning Analysis item H.
d. The public fmanciaI 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 considers road safety issues in their analysis. No
hazardous natural features have been identified on the site.
EXHŒIT M
Conditional Use Permit Findings
Strada Bellissima Subdivision
(File CUP-04-047)
The City Council hereby approves the following analysis of required findings by staff:
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.
B.
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. All residential lots are of adequate size and
shape to accommodate homes that would comply with the required bulk and
dimensional standards.
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 property as Low
Density Residential. Staff finds that if the modifications required in this report
are done, the application will meet the requirements of the Planned Development
and other Zoning Ordinances. Also 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 fmds 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 aU 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
E.
F.
G.
H.
I.
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 th;J.t the person responsible for
the establishment of proposed conditional use s/.).aII be able to provide
adequately any such services;
See comments under Annexation & Zoning Analysis ite¡p G.
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.
That the proposed use will not involve activities or processes, matetials,
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;
See comments under Annexation & Zoning Analysis item 1.
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.
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.