HomeMy WebLinkAboutSerendipity Place Subdivision RZ-04-016 PFP-04-009
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request to Rezone 0.27 acres from R-4 to 0- T (Old Town) AND for
Preliminary/Final Plat approval for four single-family residential lots, by Susan Howard
Case No(s): RZ-04-016, PFP-04-009
For the City Council Hearing Date of: March 15, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the March 15, 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 cornments 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
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), RZ-O4-0I6! PFP-Q4-009 - PAGE I of 4
verified that the property owner( s) of record at the time of issuance of these
findings are Mark and Darcy Manwaring.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits E and F for the findings required for these applications.
B. Conclusions of Law
I. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated December IS, 2004 as shown in Exhibit B, the Final Plat dated December 16,
2004 as shown in Exhibit C, and the Site Specific and Standard Conditions in Exhibit
D. The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated December IS, 2004 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-0I6/ PFP-O4-009 - PAGE 2 of4
2. The applicant's Final Plat as evidenced by having submitted the Final Plat dated
December 16, 2004 is hereby conditionally approved; and,
3. The Site Specific and Standard Conditions are as shown in Exhibit D.
D. Notice of Applicable Time Limits
I. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that within one year after written approval by the Council, a final plat
shall be filed with the County Recorder; otherwise, such approval shall become null
and void, unless prior to said expiration date an extension of time is applied for by the
applicant and granted by the Council. The Council may authorize an extension 0 the
final plat for a period not to exceed one year from the end of the original one year
period. (MCC 12-3-8.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
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 ofthe 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 ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Exhibit B:
Legal Description
Approved Preliminary Plat
Exhibit C:
Exhibit D:
Approved Final Plat
Site Specific and Standard Conditions
Exhibit E:
Zoning Amendment Findings
Preliminary/Final Plat Findings
Exhibit F:
By action of the City Council at its regular meeting held on the
1ttA/v/~ ,2005.
,
15~ day of
VOTED~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S), RZ-O4-0I6/ PFP-O4-009 - PAGE 3 of4
COUNCIL MEMBER SHAUN WARDLE
COUNCIL MEMBER CHRISTINE DONNELL
VOTED-þ
VOTED~
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
and City Attorney.
By:j~ ~llAr
. y Clerk's ffice
Dated: 4-t-oc;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). RZ-O4-0I6! PFP-04-009 - PAGE 4 of4
EXHIBIT A
Serendipity Place Subdivision
RZ-04-016
Legal Description
RE-7,O'liE DESCIUPTION
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SERENDIPITY PLACE SUBDIVISION
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A PAJ{ŒLOF LAND LOCATED IN I HE NOKIHE,<ST I¡'Or SECTtON 12, TOWNSH!P' NORTH.
RAN(iE I WEST, BOISE MERilJ1AN, MŒllJ1A". ADA COUNTY, [oAI1O, BEING MORF
PARTICULARLY IJESCRlBED AS FOLLOWS.
COMMFNCTViATTH¡ NORlHEASTCORNhROf SU:['[ON 12, n N, RIll', B.M.,THENlT
S GO"20'jO" E 11)41.% [Ð:'! ALONO THE EAST f.!Nf,OF SAJDSECT1ON 12 IDA POINT AT ['HE
INTERSECTlO" OF N. M'CRJD'AN STRfCFT AND W. MAPLE AVENUE, 1 HENCh
S k9'49'jO" W JI600 rEEl' ALONG1HE CEN'lERLlNEOF W. MAPLEAVENtJETOA POINT AT
THE fNTERSFCTlOK OF SAlf) II' MAPLF, VLNl 'F AND W. FIRST S mEET, TllENCD
S 0l!"2ü'10" E 206,60 FEEl ALONG THE CENTERLlNF OF 11', F1RST STRFE [' TO A POINT, TI.iF
REAL POINT OF BEGINNIN<; OF fillS DES('RIPTtON;
THENCECONTl,¡ I[NG 800'20'30" L 99.00 EÐ-'! ,,\LONIJSAroCENTFR1.!NETO A P()J1',T "'HiE
INTERSECTfON OF II' rtRST STRFFT AND W. CHERRY AVl,NIIE;
THENCE S R""4Q'J5"W 18g.00 IEET ALONOl fiE C"N IERLJNE OF W. t:JlrRRY AVEN!:E TO ,\
POl"'! ,
lHloNΠN OIi"20'J()" IV ALONG EASTERLY BrH.1NnAi{Y OF FRAN MFRmrAN SUBDIVISION
9,.(X) bEl:' 10 A POlNT;
CONTINUINU ALON" SAlD SI!BDIVfSf< >N BOl 'NIJ,\RY THE FOLLOWIN' i
ll[h"" N <Y"9'J5' L ""'!llTH TOA ""'NI:
11[,,('[: N 00"2'),3Ii II' 200 FEET TO A POXI.
LFA VINCI SAID SUßD[VISlON BOUNDARY THE fOLLOWtNU.
THENCE N 89"49'J5" E 178.00 FEET TO THF REAL POINT OF BEWNNING 01' THJ5
DESCRlPTION, CONT AlNJNO 0.43 ACRES, MORE OR lESS
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EXHIBIT B
Serendipity Place Subdivision
PFP-04-009
Approved Preliminary Plat
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EXHIBIT C
Serendipity Place Subdivision
PFP-04-009
Approved Final Plat
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EXHIBIT D
Serendipity Place Subdivision
PFP-04-009
Site Specific and Standard Conditions
PRELIMINARY/FINAL PLAT SITE-SPECIFIC CONDITIONS
l. All comments of the Rezone (RZ-04-016) application shall also be considered
conditions of the Preliminary/Final Plat (PFP-04-009),
2,
Utilize a common driveway for Lots 2 and 3, Block 1, The public street ITontage
for Lots 2 and 3, Block I, may be reduced to IS-feet (31.5-feet proposed), A note
shall be placed on the face of the final plat restricting fencing, parked cars or any
other obstruction within the common driveway easement. Said common driveway
shall be constructed a minimum of 16- feet wide with crushed gravel and asphaltic
concrete paving, as required by MCC 12-4-14,
3,
Prior to signature of the final plat by the City Engineer, all structure(s) (excluding
perimeter fencing) on this site shall be removed.
1.
Uadergr-el'md 'lear ro1Hld pressæ1zed irrigatioa Fl'æst Be previded tø all lots '1iit-l1.ia
this de'lelel"lfIeat. The City of Meridia¡¡ reé lflres that pressarizeà irrigatiøn
sj'steæs Be slll"l"lied BY a year roHfld seeree of ':later, The IIfJl"lieant shall Be
FeEJ:uired to utilize MY e¡Üstiag serfaee Ðr well water for the primary SOlH:ee, If a
slH'faee or well soeree is Bet availaBle, a siagle point eoaaeetien tø ilie ooliaary
Yiater system shall Be reEJ:l!ired, If a siagle point eølilleetioR is utilizeè, the
developer shall Be FøspeasiBle f-er the paymeftt of assessments for the eomffioa
areas prier te sigalffiJi'e on the BRal plat BY iliø City Engineer. In lieu of
providing pressure irrigation service to each lot, the applicant shall be
required to pay a well development fee to the City for each lot.
5,
Any tree over 4" in caliper that is removed ITom 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),
6,
If permanent fencing is not provided or is not existing 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.
7.
Unless otherwise allowed by the Meridian Fire Department, provide a hydrant at the
corner of Cherry A venue and First Street.
8,
9,
10,
II.
12,
13,
14,
IS,
16,
Sanitary sewer service to this site shall be via service line extensions ITom the
existing mains located adjacent to the project. 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,
Domestic water service to this site shall be via service line extensions ITom the
existing mains located adjacent to the project. 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,
The following notes on the plat dated 12/16/04, prepared by Briggs Engineering,
Inc" need to be revised or added:
(3,)
Remove second sentence regarding minimum house size (no longer
required on plat),
Include "fencing" and "any other obstruction" to the list of things
prohibited within the common drive easement.
(11.)
Street signs are to be in place, water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada
County Highway District and the Final Plat for this subdivision shall be recorded,
prior to applying for building permits,
All development improvements, including sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to
obtaining certificates of occupancy,
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc"
prior to signature on the final plat.
Complete the Certificate of Owners and accompanying Acknowledgment.
Coordinate with the Meridian Public Works Department and the Meridian
City/Rural Fire Department to determine fire flow requirements,
No variances, exceptions or reductions to the City adopted dimensional standards
or uses are approved with this preliminary/final plat application, All minimum lot
sizes, structure setbacks, and street frontages shall be maintained,
PRELIMINARY/FINAL PLAT STANDARD CONDITIONS OF APPROVAL
1.
All grading of the site shall be performed in conformance with MCC 11-12-3H,
2,
Sidewalks shall be installed 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 irrigation, sanitary sewer, water, etc" prior to
signature on the final plat.
4,
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
5,
The applicant shall coordinate mailbox locations with the Meridian Post Office,
6,
Any existing domestic wells and/or septic systems within this project will have to
be removed ITom 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,
7,
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.
8,
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,
9,
Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers,
10,
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency,
II.
Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance,
12,
Final plat approval shall be subject to the expiration provisions set forth in MCC
12-2-4,
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
I. 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, Unless
otherwise approved. provide a hvdrant at the corner of Cherry Avenue and West
First Street.
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 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 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, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site,
5,
Building setbacks shall be per the International Building Code for one and two story
construction,
6,
Where a portion of the facility or building hereafter constructed or moved into or
within the jurisdiction is more than 400 feet (122 m) ITom a hydrimt 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,l.l 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 903,3,l.l or 903.3.1.2, the
distance requirement shall be 600 feet (183 m),
7,
All portions of the buildings located on this project must be within ISO' of a paved
surface as measured around the perimeter of the building,
MERIDIAN PARKS DEPARTMENT
I, 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,
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
I, No dedication of right-of-way will be required with this application,
2,
Relocate any existing irrigation facilities and/or utilities outside of the right-of-
way,
3,
Provide a $3,500 deposit to the Public Rights-of-Way Trust Fund for the cost of
the roadway improvements on I st Street prior to District approval of a final plat.
4,
Construct one residential common driveway, 16-feet wide, on West Cherry
Avenue located 63-feet west of the east property line and a second driveway, 9-
feet wide, located 19- feet east of the west property line as proposed,
5,
Construct one driveway, 20-feet wide, on 1st Street located 46-feet north of the
edge of pavement on W, Cherry Avenue,
6,
Pave the driveways their full width and at least 30-feet into the site beyond the
edge of pavement of the roadway and install pavement tapers with IS-foot radii
abutting the existing roadway edge,
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 fÌ'ontages 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 ofthe proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details,
5,
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services procedures and all applicable ACHD Ordinances unless
specifically waived herein, An engineer registered in the State of Idaho shall
prepare and certify all improvement plans,
4,
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 DlGLINE (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 ITom 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.
CENTRAL DISTRICT HEALTH DEPARTMENT
l. This proposal can be approved for central sewage & central water after written
approval ITom appropriate entities is submitted,
2,
The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality,
3,
Run-off is not to create a mosquito breeding problem,
Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality,
5,
The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for storrnwater disposal and design a
storrnwater management system that prevents groundwater and surface water
degradation,
EXHIBIT E
Serendipity Place Subdivision
RZ-04-016
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 II-IS-II 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;
The 2002 Comprehensive Plan Future Land Use Map designates the subject
property as "Old Town", In Chapter VII of the Comprehensive Plan, Old Town
uses will include a variety of residential uses including reuse of existing buildings
for residential uses, new construction of multi-family residential over ground
floor retail or office uses, Further, the purpose of the requested 0- T district is to
accommodate and encourage further expansion of the historical core of the
community; to delineate a centralized activity center and to encourage its renewal,
revitalization and growth as the public, quasi-public, cultural, financial and
recreational center of the City, A variety of theses uses integrated with general
business, medium-high to high density residential, and other related uses is
encouraged in an effort to provide the appropriate mix of activities necessary to
establish a truly urban City center (MCC 11-7-2,L), City Council finds that the
requested 0- T zoning generally conforms to the stated purpose and intent of the
Old Town designation within MCC and the Comprehensive Plan, In addition, in
the applicant's cover letter several Comprehensive Plan policies are listed, which
support the rezone and proposed residential use of the property,
City Council finds the following Goals, Objectives, and Action items contained in
the 2002 Comprehensive Plan to be applicable to this application:
.
"Encourage infill development in vacant/underdeveloped areas within the City
over fringe area development to halt the outward progression of urban
development." (Chapter V, Goal I, Objective A.3)
This is an infill parcel that is currently receiving city services, Redevelopment
of this parcel will allow for additional housing units close to established
schools, commercial services, and the downtown core,
.
"Promote and strengthen high density residential development in and around
downtown" (Chapter V, Goal II, Objective A, Action item 5)
City Council is supportive of the proposed higher density residential
development in downtown,
.
"Develop standards for integrating medium-to-high density residential into
existing subdivision development." (Chapter VII, Goal I, Objective C, Action
item 2)
The applicant is utilizing a common driveway to meet the street frontage
requirements for two ofthe proposed lots, a common method of getting higher
density residential projects approved in existing residential areas or
subdivisions,
.
"Support a variety of residential categories (low-, medium-, and high-density
single-family, multi-family, townhouses, duplexes, apartments,
condominiums, etc,) for the purpose of providing the City with a range of
affordable housing opportunities," (Chapter VII, Goal IV, Objective C, Action
item 10)
City Council is supportive of the higher density development proposed for this
area, The proposed housing type (single-family attached), provides a greater
variety of housing opportunities than currently exists in this area,
.
"Locate high-density development, where possible, near open space corridors
or other permanent major open space and park facilities, Old Town, and near
major access thoroughfares," (Chapter VII, Goal V, Objective A, Action item
14)
The subject development lies within the Future Land Use Map boundaries of
'Old Town', The subject site is approximately 500-feet north of Meridian
Elementary, which has open space and playground facilities, Meridian Road, a
major access thoroughfare, is approximately 325-feet to the east.
.
"Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended
Approach" ftom the National Center for Bicycling and Walking in all land use
decisions," (Chapter VI, Goal II, Objective A, Action item 3)
This publication encourages jurisdictions to establish bikeway and walkway
facilities in new construction and reconstruction projects, in a manner that is
safe, accessible and convenient. First Street is included in the ACHD Five
Year Work Program to be improved in 2007 with curb, gutter and sidewalk.
ACHD is requiring the applicant to road trust for sidewalk on West First
Street abutting the site, Sidewalk currently exists on Cherry Avenue abutting
the site,
E.
City Council finds that zoning this property to O-T will be harmonious with and
in accordance with the Comprehensive Plan,
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
If the subject rezone application is approved, 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 commercial area by means of conditional use
permits;
In the applicant's submittal letter, it is stated that the subject property is intended
to be used for residential purposes, Currently, the only (principally) permitted
uses in the O-T zone are single-family homes, libraries, churches, and museums,
All other uses in the 0- T zone, that are not prohibited, require separate
Conditional Use Permit approval. City Council finds that the area included in the
subject zoning amendment is planned for development in a fashion that will be
allowed under the new zoning (single-family),
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;
The general vicinity of this project is changing rapidly, In this area there are
several other parcels that have/are/will be converting from single-family
residential to multi-family, office and retail commercial .uses. On Cherry Lane,
between Meridian Road and Linder Road, and along Meridian Road in this area,
there are many sites that have converted to office and commercial uses, Although
the major arterials in this vicinity (Cherry Lane, Meridian Road, Main Street)
have not been widened recently, improvements are expected once the Downtown
Transportation Management Plan is adopted, implemented and funds are available
through ACHD, City Council finds that rezoning this site to O-T is consistent
with other land uses and anticipated facility changes in the area.
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;
City Council finds that the proposed O-T zoning and subsequent single-family
residential uses proposed in the preliminary/final plat application 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 of single-family, multi-family and
commercial uses.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
If all the conditions outlined in this report are complied with and construction
traffic and house construction is conducted in a manner consistent with City
Code, City Council finds that the use of this site for four residential dwellings
should not be hazardous or disturbing to existing or future neighboring uses, The
Cornmission and Council should rely on public testimony (oral or written) to
determine whether the proposed 0- T zoning will be disturbing or hazardous to the
neighboring residential uses,
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
All essential public facilities and City services listed above currently serve this
site, The applicant will be responsible for the extension of utilities for this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department. City Council finds that the current configuration of the
adjacent streets and the anticipated widening of Meridian Road in this area should
be adequate to serve this site into the future,
The applicant and/or future property owners will be required to pay park and
highway impact fees,
On February 8,2005, ACHD approved this development with site-specific and
standard conditions, Please review the ACHD report and comments at the end of
this report for additional information regarding this finding,
On January 28,2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property, The Meridian Fire
Department has concerns with serviceability of this site, as fire hydrants near this
site may not be located in accordance with the International Fire Code (all of the
detailed conditions from the Fire Department and other agencies/departments are
at the end of this report), Based on the joint agency/department meeting and other
J.
comments received from agencies/departments, City Council 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.
H.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer service, water
service, local street infrastructure, and an utilities to serve the project. Other
required site improvements will be funded and constructed by the developer
through the platting process, The primary public costs to serve the future residents
will be fire, police and school facilities and services, City Council finds that
changing the zoning of this site and allowing four homes to be constructed will
not cause excessive additional requirements at public cost. City Council also finds
that the rezoning of this site to O-T 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;
City Council finds that the proposed rezone 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 18 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
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, noise, smoke, fumes, glare, or odors,
Will the area haye vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
Three vehicular access points are proposed for this development. One driveway is
proposed to West First Street and two driveways are proposed to Cherry Avenue,
Both Cherry Avenue and West First Street are local roads, Ifvehicular approaches
are approved to the site that are designed and constructed in accordance with
ACHD policies, City Council finds that the approaches will not create an
L.
interference with traffic on the surrounding public streets, Please review any
comments from ACHD for additional information regarding this finding.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Any existing trees larger than 4" caliper that are removed ITom this site 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, City Council recommends that the
Commission and Council reference any public testimony that may be presented to
determine whether or not the proposed development may destroy or damage a
natural or scenic feature(s) of major importance of which City Council is
unaware,
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592,11-17-1992)"
For the reasons listed in the fmdings above, City Council finds that the rezoning
ofthis DroDertv would be in the best interest of the City,
EXHIBIT F
Serendipity Place Subdivision
PFP-04-009
Preliminary/Final 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 Comprehensive Plan, (See Rezone Analysis "A" above for more
information,)
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 Rezone Analysis for more detail.)
C.
The continuity of the proposed development with the capital improyement
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 t"mancial capability of supporting services for the proposed
development;
City Council has relied upon cornments ITom the public service providers (i,e, -
police, fire, ACHD, etc,) to determine this fmding, (See finding "G" under
Rezone 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 staff has approved this subdivision, with conditions,