HomeMy WebLinkAboutKlamath Basin Subdivision AZ-04-035 PP-04-045
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request to Annex and Zone 5.01 acres from RUT to R-4 (Low Density
Residential) AND Preliminary Plat approval for twelve (12) building lots and four (4) other
lots, for Klamath Basin Subdivision, by Randy Worden
Case No(s): AZ-04-035, PP-04-045
For the City Council Hearing Date of: March 1, 2005
A.
Findings of Fact
I. 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 March I, 2005, 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 staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-035! PP-O4-045 - PAGE 1 of4
a.
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 Randy and Linnea Worden.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits D and E for the findings required for these applications.
B.
Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 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 sigued 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 Preliminary Plat
dated November 18, 2004 as shown in Exhibit B, and the Site Specific and Standard
Conditions 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-O4-035 I PP-O4-045 - PAGE 2 of 4
I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated November 18,2004 is hereby conditionally approved; and,
2. The Site Specific and Standard Conditions are as shown in Exhibit C.
Notice of Applicable Time Limits
D.
I. 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.
I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
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 B:
Exhibit C:
Legal Description
Approved Preliminary Plat (with conditions)
Exhibit A:
Site Specific and Standard Conditions
Exhibit D: Zoning Amendment Findings
Exhibit E:
Preliminary Plat Findings
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-035 I PP-Q4-045 - PAGE 3 of 4
By action of the City Council at its regular meeting held on the
IJ1 éI/iclt ' 2005.
I .........
15ð day of
COUNCIL MEMBER KEITH BIRD
VOTED*
VOTED~
VOTED~
VOTED~
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
and City Attorney.
By:J(l)\() ~DßV\
City Clerk's Office
Dated:
7>-1 ¥' -(')t)
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-035! PP-O4-045 - PAGE 4 of4
EXHIBIT A
Klamath Basin Subdivision
AZ-04-035
Legal Description
B & A Engineers, lnc
C"",uJling Enginee" & ";un"Y""'
5&05 W Fr"nklin It" B,Hse. 1<' ":<",.,
Ph 2n""" """' 1"""0","""'>2
Klamath "..in Subdivisi..
Aun.utio. n...:ription
A parcel of land situale in tile northweslquaner of Ihe northwest quaner of Section 3.
lownship J NOIÙI, Range I West. Boise Meridi<U1, Ada CHanty, Idaho, being more
particularly described as follows
Commencing althe nmthwesl Ulmer 01 said >;ectinn 3, the POINT 01' 8F.GINNING;
Tnence SR9" I O'19"E, 77R.71 feet alollgthenorO,ooundory IIlsai'! Section] to
the northwe>t curner of Staten Park SubdiV1Sion as recorded in Bollk K6 of Plais al
Pages 9713 and 9714, ",cord, of Ada Counly;
[hence SOO'J2'31"W, 515.78 kct along Ole wc.s1erly botUldary t>I~,id Sillien
PDIk Subdivision lo lhe southwest corner of ",id Subdivision in U1e Eight Milo
Cana!;
Thence N60"O5'3TW, 22.lJ4 I;.,ct along said Eight Mile Canal;
Thene" N52°3S'29"W, 119.61 feel along said Eight Mile Canal;
Thence N59"21 '36"W, 2J J .OR fcel ,dong said Eight Mile Canal.
Thence N62°55'36"W, 277.87 feet along said Eight Mile Caw,\;
Thence N48°26']5"W, 153.951;"<1 ,long said Eight Mile Canal:
IhenceN62'26'16"W,58,8J leelalongsaidEightMileCanal.
Thence N78"30'tJ')..W, 47.69 kd along said Eight Mile (","1 to the wes'cd)
boundary of said Sedian 3;
rhence N(){n8'44"E, 60.24 tèct along the said westerly betundmy of Section.' let
Ihe POINT OF BEGINNING,
Ihe ,Ü~>ve-de""ribed parcel contains 5.01 ae",s, mo'" or los"~
"',"'1"' '~'X."". 'AL"
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EXHIBIT B
Klamath Basin Subdivision
PP-04-045
Approved Preliminary Plat
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EXHIBIT C
Klamath Basin Subdivision
PP-04-045
Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. All comments and 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 of
PP-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 I, may be reduced to IS-feet, as proposed,
Unless otherwise approved by the Meridian Fire Department, the drive surface of
said common drive shall be constructed a minimum of20-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 Ibs, 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 of 28'
inside and 48' outside,
4,
Prior to signature of the [mal 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 year-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 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 10-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,
10,
Maintenance of all common area lots shall be the responsibility of the Klamath
Basin Homeowners' Association,
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 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 of the 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,
13,
Provide a 50-foot easement to the propertv to the south. with the parcel number
S1203223400. for the future development of a stub street to that south propertv,
STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. All grading ofthe site shall be performed in conformance with MCC 11-12-3H,
2,
3,
4,
5,
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8,
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc" prior to
signature on the final plat.
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,
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6,
7,
8,
9,
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,
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,
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 100-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 of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases, The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation, This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
The 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,
13,
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,
14,
Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers,
15,
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency,
16,
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,
17,
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4,
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 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 Meridian Water Department for bacteria
testing,
3,
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a, Fire Hydrants shall have the 4 y," outlet face the main street or parking lot
aisle,
b, The Fire hydrant shall not face a street which does not have addresses on
it,
c, Fire hydrant markers shall be provided per Public Works spec,
d, Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location,
e, Fire Hydrants shall be placed on corners 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) ftom a hydrant on a fire
apparatus access road, as measured by an approved route around the exterior 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 (183 m),
b, For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903.3JJ 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 ofthe building,
7,
All common driveways shall be straight or have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is 20' wide, Said common
driveway shall have a minimum GVW of 70,000 Ibs, No parking signs shall be
installed on any common driveway that doubles as a fire lane, Coordinate the
location of the required signage with the Meridian Fire Department.
MERIDIAN PARKS DEPARTMENT
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,
ADA COUNTY HIGHWAY DISTRICT
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-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 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-of-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 ofthe existing
right-of-way, Accomplish all necessary adjustments to properly accommodate
existing drainage and utilities,
2,
Dedicate by donation a total of 60-feet of right-of-way from the centerline along
Black Cat Road,
3,
Extend the stub street, Niemann Street, from the east property line into the site, as
proposed,
4,
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.
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,
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein, An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans,
5,
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 #200, also known as Ada County Highway District
Road Impact Fee Ordinance,
9,
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way, The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction,
10,
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
11.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal restrictions in force at
the time the applicant or its successors in interest advises the Highway District of
its intent to change the planned use of the subject property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to
the law in effect at the time the change in use is sought.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1, N ampa & Meridian Irrigation District requires that 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 8-Mile Lateral courses along the south boundary 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,
All municipal surface drainage must be retained on site, If any municipal
surface drainage leaves the site, the Nampa & Meridian Irrigation District
must review drainage plans,
5,
The developer must comply with Idaho Code 31-3805, It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
EXHIBIT D
Klamath Basin Subdivision
AZ-04-035
Zoning Amendment Findings
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 City Council:
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;
City Council 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 applicant's cover letter several. Comprehensive Plan
policies are listed, which support the annexation and proposed residential use of
the property,
B.
Is the area included in the zoning amendment intended .to be rezoned in the
future;
City Council 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;
City Council finds that single-family residential uses are allowed within the
requested zoning district of R-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,
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;
City Council finds 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 I 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, City Council 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, City
Council also finds that the proposed zoning/uses 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, City
Council 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;
City Council 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,
H.
I.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fU"e 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 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, City Council finds that the public services listed above can
be made available to accommodate the proposed development.
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 costs to serve the future residents will be fire, police and school
facilities and services, City Council 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,
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;
City Council 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, City Council recognizes the fact that traffic and noise will increase with the
approval of this subdivision; however, City Council does not believe that the
K.
L.
amount generated will be detrimental to the general welfare of the public, City
Council does not anticipate the proposed annexation and subsequent uses will
create excessive traffic (see finding "J" below), noise, smoke, fumes, glare, or
odors,
J.
Win 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, City Council does not believe that
the subdivision will create interference with traffic on the surrounding public
streets,
Win 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, City Council finds that the proposed development will not result in
the destruction, loss or damage of any natural feature(s) of major importance,
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
City Council 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, Q!y
Council finds that the annexation/zoning of this property would be in the best
interest of the City,
EXHIBIT E
Klamath Basin Subdivision
PP-04-045
Preliminary Plat Findings
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;
City Council finds that the proposed application is in substantial compliance with
the adopted Future Land Use Map ofthe 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;
City Council 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, City Council finds that the subdivision will not require the
expenditure of capital improvement funds,
D.
The public fmancial capability of supporting services for the proposed
development;
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 that may be brought to
the Commission's attention.
City Council 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 has approved this subdivision, with conditions,