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HomeMy WebLinkAboutKlamath Basin Subdivision AZ AZ 04-035 February 3, 2005 MERIDIAN PLANNING & ZONING MEETING APPLICANT Randy Worden ITEM NO. 9 REQUEST Public Heañng: Annexation and Zoning of 5.01 acres from RUT to a R-4 zone for Klamath Basin Subdivision - 4625 West Ustick Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: fi VJ m tr1efL1[ ItppróiJæI -fo See attached staff report cj c 5~O CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: No comment CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: See attached comments SANITARY SERVICES: ADA COUNTY HIGHWAY DISTRICT: See attached comments CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: No comment SETTLERS' IRRIGATION: IDAHO POWER: INTERMOUNTAIN GAS: OTHER: Contacted: wu¡d (TY(ìf¡)-!òrJ Date: d--1--rJs- Phone: ~Lf3- 33f?/ Emailed: ßÚ-..-C-r4û.,.{òr;¡@ýwflg.lf d'1è~Staff Initials: . m'l4- Mateñals presented at pubnc meetings shall b 0roperty oIlhe city of Meñdian. MAYOR Tammy de Weerd CITY COUNCIL MEMBERS Keith Bird Christine Donnell Shaun Wardle Charles M. Rountree ,..... g /' = ~ . tÍtt'i \JY/. en dt::"ß \ IDAHO J' ~ ~~~ -< o,TRIWI_V"'¿ ,"'" ,1903 LEGAL DEPARTMENT (208) 466-9272 .Fax 466-4405 PUBLIC WORKS BUILDING DEPARTMENT (208) 898-5500 . Fax 898-9551 PLANNING AND ZONING DEPARTMENT (208) 884-5533 . FAX 888-6854 MEMORANDUM: Transmittal Date: January31,2005 Hearing Date: February 3, 2005 To: Mayor, City Council and Planning & Zoning Commission From: Craig Hood, Associate City Planner (IN ~ Bruce Freckleton, Development Services Manager .' Re: Klamath Basin Subdivision . Annexation and Zoning of 5.01 Acres from RUT to R-4 (Low Density Residential), by Randy Worden (File No. AZ-04-035). . Preliminary Plat for Twelve (12) Building Lots and Three (3) Common/Other Lots on 4.56 Acres in a Proposed R-4 Zone, by Randy Worden (File No. PP- 04-045). We have reviewed the above referenced submittals and offer the following comments and conditions of approval. These conditions shall be considered in full, unless expressly modified or deleted by motion of the Meridian City Council: APPLICATIONS SUMMARY The applicant, Randy Worden, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP) approval of twelve (12) building lots and three (3) common/other lots on 4.56 acres ofland (exclusive of new right-of-way for Ustick Road) located on the southeast comer of Black Cat Road and Ustick Road. The applicant has requested all of the property be zoned R-4 (Low Density Residential). The land is designated as Low Density Residential on the Comprehensive Plan Future Land Use Map. Currently there is a single-family home and some outbuildings on the site, which will be removed. The subject site has not been previously platted. As noted above, the applicant is proposing to subdivide the subject triangular shaped parcel into twelve buildable lots, each lot containing a minimum 8,000 square-feet. The gross density of the proposed subdivision is 2.63 dwelling units per acre. This density is consistent with the Comprehensive Plan future land use designation of Low Density Residential (3 dwelling units per acre or less). The twelve proposed building lots range in size from 8,000 square-feet up to 13,829 square-feet. All housing types are proposed as single-family residential, with a minimum house size of 1,400 square feet. The applicant is proposing to develop this site in one phase. AZ-04-035/PP-04-045 KJ=",hB"io.AZPP.OOC Planning & Zoning ComrnissionlMayor & City Council February 3,2005 (P&Z Hearing Date) Page 2 A public stub street, West Niemann Street, was provided to the subject site with the recent development of Staten Park Subdivision to the east. The applicant is proposing to extend said stub street into the site. Once extended, Niemann Street will exceed the maximum 450-foot cul- de-sac length established by MCC 12-4-2.F. Although staff is generally supportive of the design of the proposed subdivision, the applicant will need to apply for and receive a variance to MCC 12-4-2.F from the Meridian City Council to develop the property as proposed. See Preliminary Plat Conditions of Approval #2 below. The applicant is also requesting a waiver of the standard requirement to tile the Eight Mile Lateral adjacent to the site. See Special Consideration #4 in the Preliminary Plat Analysis below. No other variances, exceptions or reductions to the City adopted dimensional standards or uses are requested with the preliminary plat application. Staff has provided a detailed analysis and recommended conditions of approval for the requested annexation and zoning and preliminary plat applications below. Staff is recommending approval of the applications, with the conditions outlined in this report. LOCATION The property is located on the southeast comer of Black Cat Road and Ustick Road, in Section 3, Township 3 North, Range 1 West. SURROUNDING PROPERTIES North: Agricultural, zoned RUT (Ada County) Southwest: Single-family homes on large parcels, zoned RUT (Ada County) Northwest: Single-family homes, Birchstone Creek Subdivision, zoned R-8 East: Single-family homes, Staten Park Subdivision, zoned R-4 OWNERS OF RECORD The property owners ofrecord are Randy & Linnea Worden, and Randy Worden has signed the submitted applications requesting annexation and preliminary plat approval. ANNEXATION & ZONING ANALYSIS According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the P&Z 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 with the Comprehensive Plan and, if not, has there been an application for a Comprehensive Plan amendment; Staff finds that the proposed zoning designation, R-4, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the land to be Low Density Residential. Residential densities of three dwelling units or less per acre are allowed per the Comprehensive Plan; the proposed gross density of Klamath Basin Subdivision is 2.63 dwelling units per acre. In addition, in the AZ-04-03S1PP-04-04S Kl="hBæm.AZPP.DOC Planning & Zoning CommissionlMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 3 B. c. D. applicant's cover letter several Comprehensive Plan policies are listed, which support the annexation and proposed residential use of the property. 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. 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 single-family residential uses are allowed within the requested zoning district ofR-4. The accompanying plat demonstrates the land will be developed with lot sizes, housing types and other dimensional requirements that conform to the proposed zoning designation. NOTE: The applicant will need to obtain variance approval from the City Council because the proposed plat includes a dead-end street that exceeds the maximum cul-de-sac length established by code (see Preliminary Plat Analysis below). Has there been a change in the area or adjacent areas wWch 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 fmds that properties to the east and northwest have recently been approved for development similar to the proposed subdivision. Staten Park Subdivision to the east and Birchstone Creek Subdivision to the northwest are both single-family developments with residential densities similar to the proposed plat. Except for the large RUT parcel across Ustick Road and four small parcels directly south of the subject parcel, the entire section has already been annexed into the Meridian City limits. This is one of the last parcels designated 'Low Density Residential' on the Future Land Use Map that has not been annexed and approved for development in Section 3, Township 3 North, Range 1 West. The arterial streets abutting this site, Ustick Road and Black Cat Road are currently not included within ACHD's Five Year Work Program for roadway improvements. 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; The existing character of the area will, and is, currently changing, especially upon build- out of the proposed project and other similar subdivisions in the general vicinity. Staff finds that the proposed R-4 zoning and subsequent single-family residential uses proposed in the preliminary plat are consistent with the intended character of the vicinity, as depicted on the Future Land Use Map. Staff also finds that the proposed zoning/uses A"-O4-035,PP-<>4-O45 KJ=,thB~in.AZ.PP.DOC Planning & Zoning CommissionlMayor & City Council February 3,2005 (P&Z Hearing Date) Page 4 F. G. H. can be designed and constructed in a manner that will be harmonious with and appropriate in appearance with the existing and intended character of the surrounding area. Although there will be an impact of the subject development on the existing character of the area, staff finds that the impact is consistent with the intended character of the area; a mix oflow and medium density residential. Will the proposed uses not be hazardous or disturbing to existing or future neighboring uses; Staff does not anticipate that the proposed residential uses will be hazardous as long as the conditions outlined in this report are complied with and construction traffic and house construction is conducted in a manner consistent with City Code. The Commission and Council should rely on any public testimony (oral and written) when determining whether or not the proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future neighboring uses. 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; The applicant will be responsible for the extension of utilities to and through this proposed development. Sizing and routing shall be coordinated with the Public Works Department. The applicant and/or future property owners will be required to pay park and highway impact fees. On January 25, 2005, ACHD staff approved this development with site-specific and standard conditions. Please review the ACHD report for additional information regarding this finding. On January 14, 2005, a joint agency/department comments meeting was held with representatives of key service providers to this property. Based on the joint agency/department meeting and other comments received from agencies/departments, staff finds that the public services listed above can be made available to accommodate the proposed development. The Commission and Council should reference any written and/or verbal testimony submitted by any public service provider, regarding their ability to adequately service this project. 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 be financing the extension of sewer, water, local street infrastructure, utilities and irrigation services to serve the project. The primary public AZ-04-O35/PP-04-Q4S KI~iliB~m.AZ.PP,DOC Planning & Zoning CommissionlMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 5 costs to serve the future residents will be fire, police and school facilities and services. Staff finds there will not be excessive additional requirements at public cost and that the proposed zoning and subsequent development will not be detrimental to the community's economic welfare. I. 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 annexation and the development of single-family homes on this site will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. ACHD projects this development will generate 110 additional vehicle trips per day. Staff recognizes the fact that traffic and noise will increase with the approval of this subdivision; however, staff does not believe that the amount generated will be detrimental to the general welfare of the public. Staff does not anticipate the proposed annexation and subsequent uses will create excessive traffic (see finding "J" below), noise, smoke, fumes, glare, or odors. J. 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; The applicant is proposing to extend the existing public stub street (Niemann Street) to the east, as the only vehicular access into the site. ACHD is requiring Niemann Street to be extended as proposed. No other access to Ustick Road or Black Cat Road has been approved by ACHD with the subject application. The extension of Niemann Street will cause traffic volumes on the existing streets in Staten Park Subdivision to increase. However, if the extension of Niemann Street is constructed as approved by ACHD, staff does not believe that the subdivision will create interference with traffic on the surrounding public streets. K. Will not result in the destruction, loss or damage of a natural or scenic feature of major importance; and There are several mature trees on this property. Any existing trees larger than 4" caliper that are removed should be mitigated for, per the Landscape Ordinance. If the on-site trees are protected and mitigated for, as required by the Meridian Parks Department, staff fmds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. Staff recommends that the Commission and Council reference any public testimony that may be presented to detennine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. Az.04-035'>P-04-045 KI"""" Imm.AZ.PPDOC Planning & Zoning CommissionlMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 6 L. Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,1l-17-1992)? Staff finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. The applicant is proposing to develop the land in substantial compliance with the City's Comprehensive Plan (low density residential). Lands to the east, west and northwest of the subject property have already been approved for annexation and development and this is a logical expansion of the City limits. In accordance with the findings listed above, staff finds that the annexation/zoning of this DroDertv would be in the best interest of the Citv. ADDITIONAL ANEXATION AND ZONING COMMENTS 1. The legal description submitted with the application, prepared by B & A Engineers, Inc., shows that the property is contiguous to the existing corporate boundary of the City of Meridian. 2. Any future subdivision, uses and construction on this property shall comply with the City of Meridian ordinances in effect at the time. PRELIMINARY PLAT ANALYSIS Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a proposed subdivision, the Commission/Council shall consider the objectives of this title and at least the following: A. The conformance of the subdivision with the Comprehensive Development Plan; Staff finds that the proposed application is in substantial compliance with the adopted Future Land Use Map of the Comprehensive Plan (Chapter VII). The proposed density, 2.63 dwelling units per acre (gross), 3.39 dwelling units per acre (net) is in compliance with the land use classification, low density residential, noted on the map. B. The availability of public services to accommodate the proposed development; Staff finds that public services are available to accommodate the proposed development. (See finding "G" under Annexation and Zoning Analysis for more detail.) C. The continuity of the proposed development with the capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, staff finds that the subdivision will not require the expenditure of capital improvement funds. D. The public rmandaI capability of supporting services for the proposed development; AZ-O4-03;/PP-04-045 KJ.m"h ""m.AZ.FP.oOC Planning & Zoning CommissionlMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 7 Staff recommends the Commission and Council rely upon comments from the public service providers (i.e.- police, fire, ACHD, etc.) to determine this finding. (See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and Conditions at the end of this report for more detail.) E. The other health, safety or environmental problems tbatmay be brought to the Commission's attention. Staff is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Councilor Commission's attention. ACHD considers road safety issues in their analysis; ACHD staff has approved this subdivision, with conditions. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. PRELIMINARY PLAT SPECIAL CONSIDERATIONS 1. Cul-de-sac Len!rth: As mentioned in the summary above, the applicant is proposing a cul- de-sac length that is approximately 500-feet long. MCC 12-4-2.F requires cul-de-sacs to be no longer than 450-feet. The applicant has submitted a variance request to exceed the maximum cul-de-sac limit established by MCC. NOTE: MCC 11-18 (Variances) does not require Commission action and will be heard by the City Council on the same agenda as the subject AZ & PP applications. Staff is recommending approval of a variance to the typical cul-de-sac length maximum for the following reasons (City Council and Mayor please see the variance staff report for more detailed analysis): . There is an existing stub street to the property from the east that must be extended into the site (see ACHD report), . The applicant is only proposing to utilize Niemann Street as access for the development; no other accesses to Ustick Road or Black Cat Road, both arterial roadways, are proposed. Staff is supportive oflirniting access points to classified roadways, especially near arterial/arterial intersections, . The parcel has an odd, triangular shape and is bordered on the south by the Eight Mile Lateral, a fairly wide and deep facility that the applicant is not proposing to tile. Extending Niemann Street to the parcel to the south (stub) would require a bridge or a culvert to be constructed across the lateral. A bridge/culvert across the Eight Mile Lateral, for a public street would not be beneficial to either the subject parcel or the parcel to the south. A bridge/culvert would inhibit the parcel to the south from developing efficiently, and would not be the best use of the land, . Approving a variance for a 500-foot cul-de-sac will not have a detrimental impact to adjacent properties, and; . Approving a variance will not have the effect of altering the interest and purpose of the cul-de-sac length maximum established by MCC or the Comprehensive Plan. AZ-04-0J51PP-04-045 K]=."BM"'-AZ.PP.DOC Planning & Zoning Commission/Mayor & City Council February 3,2005 (P&Z Hearing Date) Page 8 2. 3. Approval of the submitted preliminary plat is subject to the applicant receiving variance approval from the City Council for the proposed Niemann Street cul-de-sac. See Site Specific Condition #2 below. Common Drives: MCC allows up to four (4) dwelling units to access a common driveway. Common drives serving two dwelling units shall be a minimum of sixteen feet (16') in width. Common drives serving three or four dwelling units shall be a minimum of twenty-four feet (24') in width. Common drives less than one hundred and fifty feet (150') in length shall be constructed of at least six inches (6") of well-compacted, two- inch (2") minus crushed gravel and two and one half inches (2.5") of asphaltic concrete paving (MCC12-4-14). MCC 11-9-1 allows street frontage for up to two lots sharing a common driveway to be reduced to 15 feet each, and street frontage for three or four lots sharing a common driveway to be reduced to 10-feet each. On the submitted preliminary plat, Lots 13 and 14, Block 1, each have 15-feet of frontage on Niemann Street. The applicant is proposing to utilize a common driveway for Lots 13 and 14, Block l. The applicant has also requested flexibility for Lots 12 and/or 15 to also take access from the common drive in the future. If approved as requested, future owners of Lots 12 and 15 will have some flexibility when determining building orientation on the lots (see Applicant's letter). Staff likes the idea of allowing some flexibility in orientation, but for maintenance purposes staff believes that before the final plat is signed, maintenance of the common driveway needs to be established. Staff is generally supportive of common driveways, but has recently run into problems with narrow common driveways. It is often difficult for vehicles, including both private automobiles and emergency vehicles, to maneuver (back-up, turnaround, etc.) in a 16- foot wide driveway that may have fences, cars or other obstructions adjacent to the pavement. Therefore, even if the common driveway only serves 2 lots, the Meridian Fire Department will require that the common driveway be constructed 20-feet wide (see Agency Comments and Conditions below). If the common driveway serves 3 or more lots, the common driveway shall be a minimum of 24-feet wide (see MCC 12-4-14). A note should be placed on the face of the final plat stating the purpose of the common drivewav easement and who is to be responsible for maintenance thereof. Unless otherwise approved bv the Meridian Fire Deoartment. said common drive should be constructed a minimum of 20-feet wide (for two units) OR 24-feet wide if three or more dwelling units are utilizing the common drive. Said common drive should be constructed with crushed gravel and asphaltic concrete paving. as reauired bv MCC 12-4-14. See Site Specific Condition #3 below. Existing Structures: There are several buildings within the boundaries of the proposed plat. Some of the buildings span across proposed lot lines and/or do not meet the setback requirements of the requested zone. Further, most of the structures are accessory to the AZ-04-035/PP.04-045 KJomo'" Hæ~AZPP.DOC Planning & Zoning CommissionlMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 9 existing house and cannot be located on their own lot without a primary residence. The applicant is proposing to remove all existing structures currently on this site. Prior to signature of the final plat by the City Engineer, all buildings on this site should be removed, as proposed. See Site Specific Condition #4 below. 4. Ditches. Laterals. and Canals: Per MCC 12-4-13, 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. The applicant has requested a waiver of the requirement to tile or cover the Eight Mile Lateral, on the south side of the development. A large pipe will be needed to pipe this section of the Eight Mile Lateral, and that the City has historically not required the tiling oflaterals that require a pipe diameter of 48 inches. Further, Staten Park Subdivision was not required to tile the Eight Mile Lateral adjacent to their development. A 6-foot fence has been constructed along the southern boundary of Staten Park Subdivision to the east. Staff believes that if fencing is installed abutting the Eight Mile Lateral on the subject site, then the public's health and safety will not be compromised by not requiring the applicant to tile the lateral. Meridian City Code 12-4-13.A.2 allows the City to waive the requirement for covering a ditch, lateral or canal, if it finds that the public purpose requiring such will not be served in the individual case. Staff finds that because tiling the lateral will not imurove uublic health. safetv. or welfare. the auulicant should not be required to tile the Eight Mile Lateral abutting the site. In accordance with Meridian City Code. the auulicant should be required to tile or cover anv other irrigation ditches. lateral or canals that cross. intersect or lie adjacent to the subject site. Plans will need to be approved. by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval cannot be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. See Site Specific Condition #5 below. 5. Pressure Irrigation: The applicant is proposing to tie into the existing pressure Nampa & Meridian Irrigation District system in Staten Park. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13- 8.3). The applicant should be required to 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 will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with MCC 12-13-8 and MCC 9-1-28. See Site Specific Condition #6 below. 6. Tree Mitigation: There are several large trees on this site that the applicant is proposing to remove or relocate. 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 AZ-O4-03S.PP-O4-04S Klmmth BW.AZ.PPDOC Planning & Zoning CommissionlMayor & City Council February 3,2005 (P&Z Hearing Date) Page 10 replacement trees for those trees that are removed (MCC 12-13-13-3). The applicant should coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. See Site Specific Condition #7 below. SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All conditions of the Annexation and Zoning (AZ-04-035) application shall also be considered conditions of the Preliminary Plat (PP-04-045). 2. The submitted preliminary plat prepared by B & A Engineers, Inc., labeled Sheet 1, dated 11-18-04, is approved, with the conditions outlined herein. Approval ofPP-04-045 shall be contingent upon the applicant obtaining a variance from the City Council for the proposed Niemann Street cul-de-sac length. 3. Utilize a common driveway for Lots 13 and 14, Block 1. The public street frontage for Lots 13 and 14, Block 1, may be reduced to 15-feet, as proposed. Unless otherwise approved by the Meridian Fire Department, the drive surface of said common drive shall be constructed a minimum of 20-feet wide, with crushed gravel and asphaltic concrete paving in accordance with Meridian City Code. In accordance with Meridian City Code, if Lot 12 and/or 15, Block 1, utilize said common driveway, the driveway must be constructed to a minimum 24-feet wide, with crushed gravel and asphaltic concrete paving. Said common driveway shall have a minimum GVW of 70,000 lbs. No parking signs shall be installed on any portion of the common driveway that doubles as a fire lane. Any portion of the flag for Lots 13 and 14 that are beyond the driveway surface shall be landscaped. A note shall be placed on the face of the final plat stating the purpose of the common driveway easement and who is to be responsible for maintenance thereof. All Common driveways shall be straight or have a turning radius of28' inside and 48' outside. 4. Prior to signature of the fmal plat by the City Engineer, all structures on this site shall be removed. 5. The applicant shall not be required to tile the Eight Mile Lateral abutting the site. In lieu of tiling the Eight Mile Lateral, the applicant shall be required to install a 6-foot tall fence along the back side of the lots on the southern portion of the development. Said fence shall tie into the existing fence to the east (Staten Park Subdivision). All other 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 MCC 12-4-13. Plans will need to be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non-approval submitted to the Public Works Department. If lateral users association approval can not be obtained, plans will be reviewed and approved by the City Engineer prior to final plat signature. 6. Underground vear-round pressurized irrigation must be provided to all lots within this development. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. 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 AZ-O4-O","P-04-045 KI~"h S~;..AZ.PP.DOC Planning & Zoning ComrnissionlMayor & City Council February 3,2005 (P&Z Hearing Date) Page 11 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. 7. The landscape plan prepared by B & A Engineers, Inc. is approved with the following changes/notes: . 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 (MCC 12-13-13-3). Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian Park Department. . The 25-foot wide landscape street buffer along Ustick Road shall be planted with trees and shrubs, lawn, or other vegetative groundcover, with a minimum density of one tree per thirty-five linear feet. Trees may be grouped together. However, trees shall be spaced no closer than 80% of the average mature width of the trees (MCC 12-13-10-6 - 7). . MCC 12-13-10-9 requires a 10-foot wide gravel shoulder abutting right-of-way where the unimproved portion of the right-of-way is greater than 13-feet (measured from the edge of pavement to the edge of sidewalk or property line), and road widening is not in the ACHD Five Year Work Program. Ustick Road abutting this site meets the warrants for the 10-foot wide gravel shoulder requirement listed above. Therefore, the applicant should be required to construct a lO-foot wide gravel shoulder on Ustick Road, with the remaining portion of the right-of-way being landscaped with lawn or other vegetative groundcover as approved by ACHD. . Remove Note 9 regarding pathway construction. The applicant shall make the proceeding changes/additions and submit revised copies of the landscape plan with the submittal of the final plat application(s). Other than the changes listed above, the approved landscape plan is not to be altered without prior written approval of the Planning and Zoning Department. 8. A detailed fencing plan shall be submitted upon application of the final plat. If permanent fencing is not provided around the perimeter, temporary construction fencing to contain debris must be installed prior to issuance of building permits. All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way. All fencing shall be installed in accordance with MCC 12-4-10. 9. Maintenance of all common area lots shall be the responsibility of the Klamath Basin Homeowners' Association. 10. Sanitary sewer service to this site shall be via extensions from Staten Park Subdivision. The applicant will be responsible to construct sewer mains to and through this proposed development. Subdivision designer to coordinate main sizing and routing with the Public AZ-04-035I"-O4-045 KI=",hB~inAZ,'P.DOC Planning & Zoning CommissionlMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 12 Works Department. Applicant shall execute City of Meridian standard forms of easements, for any mains that are required to provide service. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade to the top ofthe pipe. If cover is less than 3-feet from the sub-grade to the top of pipe, alternate pipe materials shall be used per the Meridian Public Works Department's Standard Specifications. 11. Domestic water service to this site shall be via extensions from Staten Park Subdivision. The applicant will be responsible to construct water mains to and through this proposed development. 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. 12. No variances, exceptions or reductions to the City adopted dimensional standards or uses are approved with this preliminary plat application. All minimum lot sizes, structure setbacks, street frontage, and house size requirements (minimum 1,400 square-feet) shall be maintained. STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT) 1. All grading of the site shall be performed in conformance with MCC 11-12-3H. 2. Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision pursuant to MCC 12-13-10-8. 3. A letter of credit or cash surety in the amount of 110% will be required for all fencing, landscaping, pressurized irñgation, sanitary sewer, water, etc., prior to signature on the final plat. 4. A detailed landscape and fencing plan, in compliance with the landscape and subdivision ordinance and as noted in this report, shall be submitted for the subdivision with the final plat application. 5. Coordinate fire hydrant placement with the City of Meridian Public Works Department. 6. One-hundred-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 and/or fire hydrants. Final design locations and quantity are determined after power designs are completed by Idaho Power Company. The street light contractor shall obtain design and permit from the Public Works Department prior commencing installations. 7. 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 mitigated. AZ-O4-035I"-O4-045 K]~"b Bæm.AZPP.DOC 9. 13. 14. 15. 16. 17. Planning & Zoning CommissionIMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 13 8. Submit any up-dated groundwater/soils monitoring data, as collected and analyzed by a soils scientist, to the Public Works Department for review. Any drainage areas (detention/retention basins) must be designed to ensure that water will percolate or discharge with a period of time not to exceed 24-hours for all storms up to and including a 1 DO-year storm events. Side slopes within drainage areas shall not exceed 3: 1. Any portion of a drainage area not improved with sod/grass seed (or other approved landscaping) shall not count towards the required open space area. The project engineer should pay close attention to the results offield 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 applicant shall coordinate mailbox locations with the Meridian Post Office. 10. 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. 11. 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. 12. Applicant's engineer will be required to submit a signed, stamped statement certifying that all street finish centerline elevations are set a minimum of three feet above the highest established normal groundwater elevation. The applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat per Resolution 02-374. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. Applicant shall be responsible for application and compliance with and NPDES Permitting that may be required by the Environmental Protection Agency. Staff's failure to cite specific ordinance provisions or terms of the approved annexation/conditional use does not relieve the applicant of responsibility for compliance. Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4. AGENCY COMMENTS AND CONDITIONS MERIDIAN FIRE DEPARTMENT AZ-O4-0"1PP-04-04S KJ.m"h s"m,AZ.PPDOC Planning & Zoning CommissionlMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 14 1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for duration of2 hours to service the entire project. Fire hydrants shall be placed an average of 500' apart. International Fire Code Appendix C. 2. Acceptance of the water supply for fire protection will be by the Meridian Water Department and water quality by the Meñdian Water Department for bacteña testing. 3. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 W' 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 comers when spacing permits. f. Fire hydrants shall not have any vertical obstructions to outlets within 10'. g. Fire hydrants shall be placed 18" above finish grade. 4. Operational fire hydrants and temporary or permanent street signs are required before combustible construction begins. 5. Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) ¡¡-om a hydrant on a fire apparatus access road, as measured by an approved route around the exteñor of the facility or building, on-site fire hydrants and mains shall be provided where required by the code official. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 6. 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. 7. All common dñveways shall be straight or have a turning radius of 28' inside and 48' outside and shall have a clear dñving surface which is 20' wide. Said common driveway shall have a minimum GVW of 70,000 lbs. No parking signs shall be installed on any common dñveway that doubles as a fire lane. Coordinate the location of the required signage with the Meridian Fire Department. MERIDIAN PARKS DEPARTMENT AZ-O4-035iPP-04-045 KI="hB~"'AZPPOOC Planning & Zoning CommissionlMayor & City Council February 3, 2005 (P&Z Hearing Date) Page 15 1. Standard for Mitigation of trees: The standard established in the City of Meridian Landscape Ordinance will be followed. 2. Standard Plan for Protection of Existing Trees during Construction: The standard established in the City of Meridian Landscape Ordinance will be followed. SANITARY SERVICES COMPANY 1. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal. 2. SSC will not provide trash pick-up services utilizing the common driveway. The developer shall install a concrete pad at the end of the common drive no more than five (5) feet behind the sidewalk. The pad shall be of sufficient area to accommodate the receptacles of the residences that take access from the common driveway. RECOMMENDATION Staff recommends approval of the proposed Annexation and Zoning (AZ-O4-035) and Preliminary Plat (PP-O4-045) applications with the conditions listed herein. AZ-04-O35/PP-04-045 KI"""'" SMin.AZ.PPDOC J oint School District No.2 911 Meridian Road. Meridian, Idaho 83642 . (208) 855-4500 . Fax (208) 888-6700 SUPERINTENDENT Dr. Linda Clark RECEIVED JAN 1 4 2005 January 11, 2005 City of Meridian City Clerk Office City of Meridian 33 East Idaho Meridian, Idaho 83642 Dear Planners: The Meridian School District has experienced phenomenal student growth the last ten years. The high schools, middle schools, and elementary schools throughout the district are operating over capacity. Approval of Klamath Basin Subdivision will have a significant impact on school enrollments at Ponderosa Elementary. Sawtooth Middle. and Eagle High School. We can predict that these homes, when completed, will house four (4) elementary aged children, three (3) middle school aged children, and two (2) senior high aged students. Additional students will further compound the current overcrowded situation. Residents cannot be assured of attending the neighborhood school, as it may be necessary to bus students to other schools across the district. School capacity is addressed in Idaho Code 67-6508. The Meridian School District is currently operating beyond capacity. Future development will continue to have an impact on the district's capacity. If you have any questions, please contact me at 855-4500. ~~ Wendel Bigham Supervisor of Facilities and Construction .,#f~_1t~,,- ~ {k.......wt:rul--:to ~""' John S. Franden, President Sherry R. Huber, 1st Vice President David Bivens, 2nd Vice President Carol A. McKee, Commissioner Rebecca W. Arnold, Commissioner RECEIVED JAN 25 2005 January 25. 2005 C}ty of Meridian CIty Clerk Office To: Randy Worden 4975 S. Locust Grove Road Meridian, Idaho 83642 Subject: MPP04-045/MAZ04-035 Klamath Basin Subdivision 4625 West Ustick Road On January 25, 2005, the Ada County Highway Distñct acted on your application for the above referenced project. The attached report lists site-specific requirements, conditions of approval and street improvements. which are required. If you have any questions, please feel free to contact me at 208-387-6174. "ilk ~ Ceo Hoff! Planner II Right-of-way & Development SelVices, Planning Division CC: Project file, Construction SelVices. Drainage. Utilities City of Meñdian B&A Engineeñng, Joe Canning 5505 W. Franklin Road Boise, Idaho 83705 Ada County Highway District. 3Tl5 Adams Street. Garden City, ID. 83714 . PH 208-387-6100' FX 345-7650. www.achd.ada.ld.us ....~-. ...tttf' ,¿ -. ""'1 . ~ ~ ~ Right-of-Way & Development Department Planning Review Division fJo....,.",p(:(u;t1;, s;..,.,..;0& This application does not require Commission action and is approved at the stä¡nevel as of January 25, 2005. Tech Review for this item was held with the applicant on January 21, 2005. Please refer to the attachment for appeal guidelines. Staff contact: Lori Den Hartog, phone: 387-6174, E-mail: Iden hartoq tâ!achd .ada. id. us File Numbers: Klamath Basin Subdivision-MPPO4-045fMAZO4-035 Site address: 4625 West Ustick Road Applicant: Randy Worden 4975 S. Locust Grove Road Meridian, Idaho 83642 Representative: B&A Engineering, Joe Canning 505 W. Franklin Road Boise, Idaho 83705 Application Information: The applicant has submitted the above referenced application to the City of Meridian requesting preliminary plat, rezone, and annexation approval for the development of 12 single-family residential lots and 3 common lots on 4.56-acres. The site is located at the southeast comer of Black Cat Road and Ustick Road Acreage: 4.56-acres Current Zoning: RUT Proposed Zoning: R-4 Residential lots: 12 Common lots: 3 Vicinity Map A. 1. 2. 3. 4. 5. Findings of Fact Trip Generation: This development is estimated to generate 110 additional vehicle trips per day (10 existing) based on the Institute of Transportation Engineers Tñp Generation Manual. Impact Fees: There will be an impact fee that is assessed and due prior to issuance of any buiiding permits. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. Traffic Impact Study: A traffic impact study was not required with this application. Site Information: There is currently one residence on the site. Description of Adjacent Surrounding Area: Direction Land Use Zoning North Agricultural RUT-Ada County South Single-family residential RUT-Ada County East Single-family residential R-4-City of Meridian West Single-family residential R4-City of Meridian 6. Impacted Roadways 7. 8. 9. 2 Roadway Frontage Functional Traffic Count Level of Speed Classification Service Limit Niemann 50' Local No counts available nla 20 MPH Ustick 750' Minor Arterial 4,111 east of Black Better 45 MPH Cat on 7/14/04 than "CO Black Cat 46' Minor Arterial 1,889 north of Ustick Better 45 MPH on 7/28/04 than "CO 'Acceptable level of service for a two lane artenal roadway (Ustlck & Black Cat) IS "0" (14,000 VTD). Roadway Improvements Adjacent To and Near the Site . Niemann Street is currently improved with 2 traffic lanes and curb, gutter and sidewalk. . Ustick Road currently has 2 travel lanes, and no curb, gutter, or sidewalk abutting the site. There is sidewalk along Ustick Road to the east of the site. . Black Cat Road currently has 2 travel lanes, and no curb, gutter, or sidewalk abutting the site. Existing Right-of-Way . Niemann Street has 50-feet of existing right-of-way abutting the site. . Ustick Road has 50-feet of existing right-of-way abutting the site (25-feet from centerline). . Black Cat Road has 50-feet of existing ñght-of-way abutting the site (25-feet from centerline). Existing Access to the Site The site currently has one driveway on Ustick Road. 2. 3 10. Site History ACHD has not previously reviewed this site for a development application. 11. Capital Improvements PlanlFive Year Work Program There are currently no roadways, bridges or intersections in the general vicinity of the project that are currently in the Five Year Work Program of the Capital Improvements Plan. B. Findings for Consideration Right-ot-Way & Sidewalk Ustick Road and Black Cat Road Distñct policy requires 96-feet of right-of-way on arterial roadways (Figure 72-F1B). This right-of-way allows for the construction of a 5-lane roadway with curb, gutter, 5-foot concrete detached sidewalks and bike lanes. 1. Ustick Road and Black Cat Road are not listed as proposed projects in the District's currently adopted Five- Year Work Program or in the currently adopted 20-year Capital Improvements Plan. As such, the applicant cannot receive reimbursement for dedicated right-of-way from available collected impact fees. Ustick Road The applicant shall do one of the following: a. Dedicate by donation an additional 23-feet of right-of-way along Ustick Road, and construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way. b. Do not dedicate addiüonal right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-of-way, in an easement provided to the District. c. Do not dedicate additional right-ot-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge otthe existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Black Cat Road When the intersection of Black Cat Road and Ustick Road is widened in the future, the existing crossing for the Eight Mile Lateral will need to be extended. Therefore, District staff is recommending that in exchange for not constructing a sidewalk abutting the site on Black Cat Road (Jess than 50- teet of frontage) the applicant dedicate 60-teet of right-of-way from the centerline of Black Cat Road to accommodate the crossing otthe Eight Mile Lateral. Street Sections Niemann Street District policy 7204.4.2 states, "developments with any buildable lot that is less that 1-acre in size will typically provide streets having a minimum pavement width of 32-feet with curb, gutter and sidewalks. The total street width shall be 36-feet from back-of-curb to back-of-curb. Variations of this width may be allowed, depending on traffic volumes forecast to be generated by the development. Concrete sidewalks shall be a minimum of 5-feet in width unless they are separated from the curb 5-feet or more in which case the sidewalk shall be a minimum of 4-feet in width. 2. 3. 4 The applicant is proposing to construct Niemann Street within the site as a 36-foot street section with rolled curb, gutter, and a 5-foot concrete sidewalk within 50-feet of right-of-way. This proposal meets District policy and should be approved with this application. 3. Stu b Streets Distñct policy 7205.5 states that stub streets will be required to provide intra-neighborhood circulation or to provide access to adjoining properties. Stub streets will conform with the requirements described in Section 7204.5, 7204.6 and 7204.7, except a temporary cul-de-sac will not be required if the stub street has a length no greater than 150-feet. A sign shall be installed at the terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE". In addition, a stub street must meet the following conditions: 1. A stub street shall be designed to slope towards the street intersection and drain surface water toward that intersection, unless a satisfactory storm drain system is installed. 2. The District may require appropriate covenants guaranteeing that the stub street will remain free of obstructions. The applicant is proposing to extend Niemann Street from the east properly line into the site. Niemann Street was constructed as a stub street with Staten Park Subdivision. This proposal meets District policy 4. Turnaround Distñct policy 7205.2.1 requires turnarounds to be constructed to provide a minimum tuming radius of 45-feet. 5. Other Access Ustick Road and Black Cat Road are both classified as minor arterial roadways. No access points to either roadway have been approved with this application. Direct access to Ustick Road and Black Cat Road is prohibited and should be noted on the final plat. C. Site Specific Conditions of Approval 1. The applicant shall do one of the following abutting the site on Ustick Road: a. Dedicate by donation an additional 23-feet of right-of-way along Ustick Road, and construct a minimum 5-toot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline ot the right-of-way. b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located a minimum of 41-feet from the centerline of the right-ot-way, in an easement provided to the District. c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete sidewalk along Ustick Road, located at the back edge of the existing right-of-way. Accomplish all necessary adjustments to properly accommodate existing drainage and utilities. Dedicate by donation a total of eO-teet of right-of-way from the centerline along Black Cat Road. Extend the stub street, Niemann Street, from the east property line into the site, as proposed. 4. 2. 4. 6. 7. 8. 9. 10. 11. 5 Construct Niemann Street within the site as a 36-foot street section with rolled curb, gutter. and 5-foot concrete sidewalks within 50-feet of right-of-way. 5. Direct access to Ustick Road and Black Cat Road is prohibited and shall be noted on the final plat. 6. Comply with all Standard Conditions of Approval. D. Standard Conditions of Approval 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. 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. 5. 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 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. 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. 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 #200, 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 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 restñctions in force at the time the applicant or its successors in interest advises the Highway Distñct 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. E. Conclusions of Law 1. The proposed site plan is approved, if all of the Site Specific and Standard Conditions of Approval are satisfied. 2. ACHD requirements are intended to assure that the proposed use/development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. Attachments 1. Vicinity Map 2. Site Plan 3. Appeal Guidelines 6 -< 7 Request for Appeal of Staff Decision 1. Appeal of Staff Decision: The Commission shall hear and decide appeals by an applicant of the final decision made by the ROWDS Manager when it is alleged that the ROWDS Manager did not properly apply this section 7101.6, did not consider all of the relevant facts presented, made an error of fact or law, abused discretion or acted arbitrarily and capriciously in the interpretation or enforcement of the ACHD Policy Manual. a. Filing Fee: The Commission may, from time to time, set reasonable fees to be charged the applicant for the processing of appeals, to cover administrative costs. b. Initiation: An appeal is initiated by the filing of a wñtten notice of appeal with the Secretary of Highway Systems, which must be filed within ten (10) working days from the date of the decision that is the subject of the appeal. The notice of appeal shall refer to the decision being appealed, identify the appellant by name, address and telephone number and state the grounds for the appeal. The grounds shall include a written summary of the provisions of the policy relevant to the appeal and/or the facts and law relied upon and shall include a written argument in support of the appeal. The Commission shall not consider a notice of appeal that does not comply with the provisions of this subsection. c. Time to Reply: The ROWDS Manager shall have ten (10) working days from the date of the filing of the notice of appeal to reply to the notice of the appeal, and may duñng such time meet with the appellant to discuss the matter, and may also consider and/or modify the decision that is being appealed. A copy of the reply, and any modifications to the decision being appealed will be provided to the appellant prior to the Commission hearing on the appeal. d. Notice of Hearing: Unless otherwise agreed to by the appellant, the hearing of the appeal will be noticed and scheduled on the Commission agenda at a regular meeting to be held within thirty (30) days following the delivery to the appellant of the ROWDS Manager's reply to the notice of appeal. A copy of the decision being appealed, the notice of appeal and the reply shall be delivered to the Commission at least one (1) week prior to the hearing. e. Action by Commission: Following the hearing, the Commission shall either affirm or reverse, in whole or part, or otherwise modify, amend or supplement the decision being appealed, as such action is adequately supported by the law and evidence presented at the hearing. 8 01104/2005 13'37 F . AX 2088886854 IlERIDIAN P&z DEn. ~ City Clerk ~OOI ~l~ -- .~ ø 4ft 11-e- Þ/~ ¡!.nO - r. ¿,Çi?:. rlCJ.-1r:~) , /',)'-Ø ~ . 6/M / . (jy1 fj1 ~ ¡/J fYl ' h; f\J ~ Ú!t +vt # d) 1bJø -- \ kr~ JAN 04 '05 13:56 20BBBB6B54 PAGE. 01 '-'-.0 B & A Engineers, Inc. consulting Engineers & Surveyors 5505W.Franklin Rd. Boise. Id. 83705 Ph. 208-343-3381 Fax 208-342'5792 Klamath Basin Subdivision Annexation Description A parcel ofland situate in the northwest quarter of the northwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northwestcoriler ofsaídSectiOIr3; tlIe-POIN-1'-oF BE-GINNING; ThenceS89°10'29"E, 778.71 feet along the north boundary of said Section 3 to the northwest corner of Staten Park Subdivision as recorded in Book 86 of Plats at Pages 9713 and 9714, records of Ada County; Thence SOoo32'31"W, 515.78 feet along the westerly boundary of said Staten Park Subdivision to the southwest comer of said Subdivision in the Eight Mile Canal; Thence N60o05'37"W, 22.04 feet along said Eight Mile Canal; Thence N52°35'29"W, 119.61 feet along said Eight Mile Canal; Thence N59°21 , 36"W, 231.08 feet along said Eight Mile Canal; Thence N62°55'36"W, 277.87 feet along said Eight Mile Canal; Thence N480:26'35;'W, 153.95 feet along said Eight Mile Canal; Thence N62°26'16"W, 58.81 feet along said Eight Mile Canal; Thence N78°30'09"W, 47.69 feet along said EightMile Canal to the westerly boundary öfsaid Section 3; Thence NOoo38'44"E, 60.24 feet along the said westerly boundary of Section 3 to the POINT OF BEGINNING. The above-described parcel contains 5.01 acres, more or less. RE~I W APPR VAL . BY t \t: 04 2005 MERIDIAN PUBLIC WORKS DEPT. ."",- -.--- N 89-46-00 W ----'20;;::'43'-- -,- .. c c ci ~ 21'" ci'ê _0 "':;-' 5120322.1450 S¡"' ~~ :;-i:¡ . OSTICKROAD S 1203223250 SITE RB1 5 B 11-4 7 :'¡E----------' 207.4"\ \ 5120:1223460 ~~ § g c; Ö; 51203223480 ANNEXATION BOUNDARY SKETCH A portion of the northwest quarter of the northwest quarter of Section 3, Township 3 North, Ran<.ie 1 West, Boise Meridian, Ada County, Idaho. .. ~~,tEn~~~~~~~~~I~.7' 5505 W. F~nklin Rd. 801". ¡d. 83705 (2OB) 343-3381 CITY OF MERIDIAN PUBLIC HEARING SIGN-UP SHEET DATE February 3, 2005 ITEM # PROJECT NUMBER PROJECT NAME 9 AZ 04-035 Klamath Basin Subdivision NAME (PLEASE PRINT) FOR AGAINST NEUTRAL