HomeMy WebLinkAboutAlexandria Subdivision AZ-04-011 PP-04-017 CUP-04-015
EXHIBIT F
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for Annexation and Zoning of 9.8 acres from RUT to R-8 zone
AND Preliminary Plat approval of thirty-three (33) single-family residential and four (4)
common lots on 9.8 acres in a proposed R-8 zone AND Conditional Use Permit approval
for a Planned Development for reductions to the minimum requirements for lot area, rear
building setbacks, street side setbacks and minimum street frontage, for Alexandria
Subdivision, by Lonnie Johnson.
Case No(s): AZ-04-011, PP-04-017, CUP-04-015
For the City Council Hearing Date of: March 8, 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.
b.
The matter was duly considered by the City Council at the March 8, 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.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-015, PP-O4-0I7, CUP-O4-0I5 -PAGE I of4
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
verified that the property owner(s) of record at the time of issuance ofthese
findings are Lonnie and Karen Johnson.
4. Required Findings per Zoning and Subdivision Ordinance
a.
See Exhibit F.l (Annexation and Zoning), Exhibit F.2 (Preliminary Plat) and
Exhibit F.3 (Conditional Use Permit) for the findings required for this application.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
a.
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
in Exhibit 8, and the Conditions of Approval in Exhibit C, D and E. 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-0I5, PP-O4-0I7, CUP-O4-0I5 - PAGE 2 of4
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:
I. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated November 29,2004 is hereby conditionally approved; and
2. The conditions of approval are as shown in Exhibits C, D and E.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.8 & C.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
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 ajudicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit F.l: Annexation & Zoning Findings
Exhibit F.2: Preliminary Plat Findings
Exhibit F.3: Conditional Use Permit Findings
8y action of the City Council at its regular meeting held on the
m()r(1~ ,2005.
1~
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-04-015, PP-O4-0I7, CUP-O4-015 - PAGE 3 of4
COUNCIL MEMBER SHAUN WARDLE
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
VOTED~
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED~
COUNCIL MEMBER KEITH BIRD
VOTED L}R.
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
and City Attorney.
By:JlìhO lid o~
1 y Clerk's Offièe
Dated: 4-1-06
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O4-015, PP-O4-0I7, CUP-O4-0I5 - PAGE 4 of4
EXHIBIT A
Alexandria Subdivision
AZ-O4-011
Legal Description
$. á> 4. 8~.!I1th. 5505 W. Franklin Road' Boiso, Idaho 83705-1055
AleuDdria SUbttivWøD
Auuexatioo DeoeriptiOD
A parco! oflnod situate.in the south balE of the Dortheost quarter of Section 31 of
Towoship4 North, Raoge 1 East oflbe Boise Metidiao, being Lot 11 ofCre_cod
Subdivision No.1 as recorded in Book 28 of PI"", at Pag<:5 1757 nod 1758 io the office of
the Ads County, IcIabo, Recorder AND adjoioiog RIght-of-Way of North Locust Grove
Road lying in said SectiOD 31, beiog more particularly describad as fonows;
Commencing at a brass cap markÌD8 the northeast earner of said Section 31;
tbeoceSOO"O7'15"W, 1,661.98 feet lÌiong the eas' boundary of said Sectioo 31 \0 the
extension of the northerly boundary of said Lot 11, which is \be POINT OF
BEGINNING;
Thence S89'<!ó'32"W, 33.00 feet along said exteosion \0 Ibe oortheast comer of
said Lot 11; "
Tbern:e eoÍllitloiog S89'<!ó'32"W, 1,284.00 feet aloog the northerly bouodary of
said Lot 11 \0 the DOrthweat eomer of said Lot 11;
Thence SOO'09'26"W, 332.24 feet aloog the westerly boundsry of said Lot 11 to
the soutl1west corner of said Lot I I;
Thence N89'47'03"E, 1 ,284.21 feet along \be southerly bouodary of said Lot 11
to \be southeast eorner of said Lot 11;
Thence eootiooiog N89'47'03"E, 33.00 feet along \be exteDsioo of said southerly
bouodary \0 the east boundary of sBid Section 31;
Tbeooe Noo"O7" 1 5"E, 332.44 feet aloog said east boundary \0 Ibe POINT OF
BEGINNING.
The above-described parcel conœios 10.05 acres, more or less.
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Wor1ra DøpI;.
EXHIBIT B
Alexandria Subdivision
(AZ-O4-011, CUP-O4-015)
Approved Preliminary Plat/Site Plan
(see attached)
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EXHIBIT C
Annexation and Zoning Application
Alexandria Subdivision (AZ-04-011-revised)
ANNEXATION AND ZONING COMMENTS
1. The legal description submitted with the application (stamped by Joseph Canning, dated 5-4-
04) appears to meet the requirements of the City of Meridian and State Tax Commission and
places the parcel contiguous to existing city limits.
2. The requested zoning designation of R-8 is compatible with the City Cornprehensive Plan
and Meridian's Zoning Ordinance,
3. The subject property is within the Urban Service Planning Area. Essential City services are
available to the subject property.
4. Any existing domestic wells and/or septic systems within this project will have to be
removed from their domestic service per City Ordinance Section 5-7-517. Wells may be
used for non-domestic purposes such as landscape irrigation.
EXHIBIT D
Preliminary Plat
Conditions of Approval
Alexandria Subdivision
(File PP-O4-017 - Revised)
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1.
All conditions of the Conditional Use Permit (File CUP-04-015) for Alexandria
Subdivision shall be complied with as part of the subject Preliminary Plat (File PP-04-
017).
2.
The subdivider/developer shall ensure that the recorded CC&R's for Alexandria
Subdivision clearly describe the purpose, fencing, access rights, and maintenance
responsibilities of the "Common Open Green Easement" shown within Block 3.
3.
No parking shall be allowed on the tee portion ofN. Heritage View Place and it shall be
signed as "No Parking."
4.
Sanitary sewer and water service to this development shall be via mainline extensions
from mains in the adjacent Razzberry . Crossing Subdivision. Applicant will be
responsible for constructing the sewer and water mains to and through this proposed
development. Subdivision designer to coordinate main sizing and routing with the Public
Works Department.
a.
Extend the water main on Madison A venue, north, to the subdivision boundary
and install a blowoff for future connection to Razzberry Crossing water main.
b.
Extend the water mains on Madison and Reiterman Avenues, south, to the
subdivision boundary or southern edge of an easement provided as described in Item
4.c. below.
c.
Provide a standard 20' City of Meridian water/sewer easement (from the property
owner to the south) to allow the sewer main and water main extensions shown along
Green Haven Lane to be constructed.
5.
The applicant has indicated that the pressurized irrigation system within this development
is to be owned and operated by Settlers Irrigation District.
Underground year-round pressurized irrigation must be provided to all lots within this
development (MCC l2-5-2.N). The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water (MCC 12-13-8.3). The Applicant
shall be required to utilize any existing surface or well water for the primary source. If a
Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit D
Page I of9
11.
12.
surface or well source is not available, a single-point connection to the culinary water
system shall be required. If a single-point connection is utilized, the developer shall be
responsible for the payment of assessments for the common areas prior to signature on
the final plat by the Meridian City Engineer. If the system is to remain private, a draft
copy of the pressurized irrigation system O&M manual must be submitted prior to plan
approval.
6.
The applicant shall be responsible for payment of and the actual physical sanitary sewer
and domestic water connection for the existing house on Lot 4, Block 4.
7.
The applicant shall comply with MCC 12-4-14 (Common Drive Design) for Lot 2, Block
4. A note shall be added to the final plat which prohibits Lot 3, Block 4 from having
direct access to the common driveway on Lot 2, Block 4.
8.
Since the driveway for Lot 2, Block 4 is greater than 150 feet in length, the applicant
shall submit details for an approved fire truck turnaround on Lot 2, Block 4 with the final
plat application.
9.
Applicant shall revise the preliminary plat as follows:
a. Show set-aside areas for street drainage retention/detention;
b. Create a common lot in the northeast corner of Lot 2, Block 3 to accommodate the
entry sign and landscaping, not an easement as shown;
c. Graphically depict the common driveway easements being proposed for Lots 2
and 3, Block 3 and for Lots 1 - 3, Block 4 and provide a plat note explaining the
easement;
d. Revise the "Setback Table" to re-label "Rear Setback (Garage)" as "Allev Rear
Setback.
e. Correct the proposed minimum street frontage and lot area figures to accurately
coincide with the CUPIPD application.
f. Revise the "Setback Table" footnote to reflect the correct lot and block numbers.
g. Revise the title box to show this plat is a "Resubdivision" of Lot II, Crestwood
Subdivision No. I.
10.
Fencing details shall be submitted with the Final Plat application. Fencing adjacent to
pathways or the common area lots shall not be over four feet in height if constructed of a
solid material. In addition, a solid, 6-foot high perimeter fence shall be installed prior to
any building permits being issued, unless agreed to otherwise in writing by the Planning
Director.
All adjacent agricultural uses shall be protected and a note added to the face of the plat
regarding the Right to Farm Act.
The preliminary landscape plan submitted with the preliminary plat (Sheet I, dated
12/10/04 by B&A Engineers) is approved with the following changes:
a. Revise the plan to reflect the applicable changes listed in condition #9 above.
Alexandria Subdivision - PP-04-017 (Rev.) - Exhibit D
Page 2 of9
13.
14.
15.
b. Show a minimum 3-foot high berm or other features to screen westbound
automobile headlights from the residence on Lot 2, Block 3,
c. Show all proposed fencing types, heights and locations.
The required landscaping and irrigation system shall be installed prior to the issuance of a
Certificate of Occupancy for any building on any lot created by the subdivision.
Landscaping and fencing must be bonded for prior to applying for building permits.
No phasing lines were shown on the preliminary plat. If phasing is planned, applicant
shall submit a revised plat prior at least 10 days prior to the next public hearing showing
the proposed phase lines.
Underground pressurized irrigation must be provided to all landscape areas on site. The
applicant has indicated that the pressurized irrigation system within this development is
to be owned and maintained by the Nampa & Meridian Irrigation District.
16.
The City of Meridian requires that pressurized irrigation systems be supplied by a year-
round source of water. If a creek or well source is not available, a single-point connection
to the culinary water system shall be required, If a single-point connection is utilized, the
developer shall be responsible for the payment of assessments for the common areas prior
to signature on the final plat by the Meridian City Engineer.
17.
Per action taken at the March 8, 2005 City Council hearing, the City Council grants the
developer the option to construct or not construct the off-alley parking stalls graphically
depicted in Block 2 ofthe approved Preliminary Plat.
STANDARD CONDITIONS (Preliminarv Plat)
1.
Please submit a copy of the Ada County Street Name Committee's approval letter for the
subdivision name, and the lot and block numbering. Make any corrections necessary to
conform.
2.
A letter of credit or cash surety in the amount of 110% will be required for all fencing,
landscaping, play equipment, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
3.
Sidewalks within the proposed subdivision shall be built in accordance with MCCI2-13-
10-8.
4.
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.
5.
Developer shall coordinate mailbox locations with the Meridian Post Office.
Alexandria Subdivision- PP-Q4-0J7 (Rev.) - Exhibit D
Page 3 of9
6.
7.
8.
9.
10.
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.
Coordinate rITe hydrant placement with the City of Meridian Public Works Department.
100-watt, high-pressure sodium streetlights will be required at locations designated by the
Public Works Department. All streetlights shall be installed at subdivider's expense.
Typical locations are at street intersections and/or rITe 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.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting,
crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per
City Ordinance 12-4-13. Plans will need to be approved by the appropriate
irrigation/drainage district, or lateral users association (ditch owner's), with written
approval or non-approval submitted to the Public Works Department. If lateral users
association approval can't be obtained, plans will be reviewed and approved by the
Meridian City Engineer prior to final plat signature.
Please submit all updated groundwater/soils monitoring data to the Public Works
Department for review. All drainage areas (detention/retention basins) must be designed
to ensure that water is retained only during 100-year storm events, and for a period of
time not to exceed 24 hours. Side slopes within drainage areas shall not exceed 3: I.
11.
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. This is to ensure that the bottom
elevation of the structural footings of homes are at least I-foot above groundwater.
12.
Cornpaction test results must be submitted to the Meridian Building Department for all
building pads receiving engineered backfill, where footing would sit atop fill material.
13.
Graphically depict any FEMA flood plain boundaries. Note restrictions associated with
the flood zone on the face of the preliminary plat.
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.
Performance specifications for the common area pressurized irrigation system shall be
submitted with each Final Plat application.
Alexandria Subdivision -PP-04-0l7 (Rev.) - Exhibit 0
Page 4 of9
AGENCY CONDITIONS & COMMENTS
FIRE DEPARTMENT
1. The Meridian Fire Department requires a minimwn of 29 feet of free-and-clear driving
surface for all street sections (center-of-gutter to center-of-gutter). As proposed, only 27 feet
is provided. No parking is allowed unless a 29-foot street section(measured center-of-gutter
to center-of-gutter) is provided.
2. One and two family dwellings will require a fire-flow of 1,000 gallons per minute available
for duration of 2 hours to service the entire project. Fire hydrants shall be placed an average
of 400' apart. (International Fire Code Appendix D)
3. Acceptance of the water supply for fire protection will be by the Meridian Fire Department
and water quality by the Meridian Water Department for bacteria testing.
4. 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.
5. Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 \12' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
e. Fire Hydrants shall be placed on corners-
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
6. All entrance and internal roads shall have a turning radius of 28' inside and 48' outside
radius.
7. Provide a 20' wide Fire Lane for all internal & external roadways.
8. Operational fire hydrants and temporary or permanent street signs are required before
combustible construction begins.
9. The roadways shall be built to Ada County Highway Standards and shall have a clear
driving surface, available at all times, which is 20' wide. Streets with less than a 29'
street width shall have no parking. Streets with less than 33' shall have parking only on
one side.
10, The proposed 33-lot subdivision with an estimated 2.9 residents per household would have a
total estimated population of96 residents at build out.
II. Where applicable, paint the curb red and provide signage "No Parking Fire Lane".
Alexandria Subdivision - PP-O4-017 (Rev.) - Exhibit D
Page 5 of9
12. Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from 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).
SANITARY SERVICES COMPANY
I. Please contact Bill Gregory at SSC (888-3999) for detailed review of your proposal and
submit stamped (approved) plans with your final plat application.
[The following agency/department conditions are for reference only, The City of Meridian
does not enforce these conditions. It is the applicant's full responsibility to understand and
comply with these conditions. In addition, please be aware that there may be other agency or
department conditions or policies that will pertain to this development that are not listed
below.)
CENTRAL DISTRICT HEALTH DEPARTMENT
I. This proposal can be approved for central sewage & central water after written approval
from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the subsurface
to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall obtain
current best management practices for stormwater disposal and design a stormwater
management system that prevents groundwater and surface water degradation.
SETTLERS IRRIGATION DISTRICT
1. All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the Parkins Nourse Lateral located at the
east property boundary flowing south to north. A 20' easement is required.
2. A land use change application must be on file prior to any approvals.
Alexandria Subdivision - PP-O4-017 (Rev,) - Exhibit D
Page 6 of9
3. A license agreement must be signed and recorded prior to construction of any S.LD.
facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and landscaping
must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site,
6. The development must supply irrigation access to all lots within the subdivision. If the
developer wishes to have Settlers Irrigation District own, operate, and maintain the
pressure irrigation system and agreement needs to be in place prior to the preconstruction
meeting.
IDAHO POWER COMPANY
I. The Idaho Power Company's Locust Substation, a major hub, is located north of Alexandria
Subdivision.
2. The company would like to inform all interested parties that IPC has identified the west side
of Locust Grove Road from McMillan Road to Chinden Blvd. as a proposed futnre power
line corridor. The company's plans call for the installation of additional overhead
transmission lines to be constructed adjacent to the road right of way within this segment of
Locust Grove Road.
3. It may be appropriate to request the inclusion of this proposed corridor on the final plat
maps to ensure disclosure of the company's intention.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1. The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and
construct a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located a
2-feet within the new right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Locust Grove Road, located a minimum of 28-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 Locust Grove Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and
utilities.
Alexandria Subdivision- PP-O4-017 (Rev.) - Exhibit 0
Page 7 of9
2.
Construct W. Star Lane in coordination with the development adjacent to the north
(Razzberry Crossing) as a 40-foot commercial street section within 54-feet of right- of-
way.
3.
Excluding West Star Lane and East Green Haven Street, construct all internal local
roadways as 29-foot street sections with rolled curb, gutter, 4-foot detached concrete
sidewalks, and 5-foot landscape strips within 50-feet of right-of-way, as proposed. These
roadways shall be signed for parking on one side only-
4.
Dedicate 20- feet of right -of-way for the proposed alley in Block I (from N. Bright Angel
A venue to E. Green Haven Street). Pave the alley its entire width, as proposed.
5.
If Reitierman Avenue within Razzberry Crossing Subdivision to the north of the site is
not constructed at the time of construction within this site, the applicant shall provide a
temporary turnaround at the northern terminus of Reitierman Avenue,
6.
Construct East Green Haven Lane with one-half of the street improvements on the north
side including curb, gutter, and sidewalk. Construct a minimum of 24- feet of pavement,
and a 3-foot wide gravel shoulder and a drainage swale on the south side within a
minimum of 40-feet of dedicated right-of-way.
7.
Coordinate the design of the alternative turnaround on N. Heritage View Place with
District Development Services staff.
8.
Direct lot access to Locust Grove Road is prohibited, and a note stating this shall be
placed on the final plat.
9.
Comply with all Standard Conditions of Approval.
ACHD Standard Conditions of APDrovai
1.
Any existing irrigation facilities shall be relocated outside of the right-of-way.
2.
All utility relocation costs associated with improving street frontages abutting the site
shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged
during the construction of the proposed development. Contact Construction Services at
387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless approved in
writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file
numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway District
Policy Manual, ISPWC Standards and approved supplements, Construction Services
Alexandria Subdivision ~ PP-04-017 (Rev.) - Exhibit D
Page 8 of9
procedures and all applicable ACHD Ordinances unless specifically waived herein. An
engineer registered in the State of Idaho shall prepare and certify all improvement plans.
6.
The applicant shall submit revised plans for staff approval, prior to issuance of building
permit (or other required permits), which incorporates any required design changes.
7.
Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for
occupancy.
8.
Payment of applicable road impact fees are required prior to building construction in
accordance with Ordinance #198, also known as Ada County Highway District Road
Impact Fee Ordinance.
9.
It is the responsibility of the applicant to verify all existing utilities within the right-of-
way. The applicant at no cost to ACHD shall repair existing utilities damaged by the
applicant. The applicant shall be required to call DIGLINE (1-800-342-1585) at least
two full business days prior to breaking ground within ACHD right-of-way. The
applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD
conduits (spare or filled) are compromised during any phase of construction.
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.
Alexandria Subdivision - PP-O4-017 (Rev.) - Exhibit D
Page 9 of9
EXHIBIT E
Conditional Use Permit
Alexandria Subdivision
(File CUP-O4-015)
[P&Z Commission changes shown in ~ and underline format.]
SITE SPECIFIC CONDITIONS (Conditional Use Permit)
1.
Applicant shall meet all of the requirements of the Preliminary Plat (File PP-04-017) as a
condition of the Conditional Use PermitJPlanned Development (CUP-04-015).
2.
Applicant shall construct the central open space/common lots per the landscape plan,
including the walkway system and amenities as outlined in Condition #5 below.
3.
The alley-loaded rear setbacks for garages shall be a minimum of 18 feet.
4.
A condition of the CUP/PD shall be that the applicant participates in any road
infrastructure agreements in the North Meridian Planning Area negotiated with ACHD
and shall faithfully perform the terms of such agreement or agreements.
5.
The applicant shall provide/construct the following amenities within the subdivision:
a. Over 10% of the gross area as useable open space,
b. A tot lot; and
c. Two gazebos (at least 16' diameter)
6.
The following deviations from the Zoning and Subdivision Ordinance (MCC Title II and
12) are approved as part of this application:
Setbacks-
Citv Requirements (R-8)
Rear: 15'
Approved Setbacks
Rear: 15'
Lot Size-
Street side: 20'
Citv Requirements (R-8)
18'(for the ten alley-loaded lots)
Street side: 12'
Proposed Lot Sizes
6,500 sq.ft.
5,300 sq. ft.
Lot Frontage-Citv Reauirements
65'minimum
Proposed Frontage
42'min.
7.
All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act, including all pathways in the common lots.
Alexandria Subdivision - CUP-O4-015 (Rev,) - Exhibit E
Page10f2
8.
No building permits shall be issued within the development until a Final Plat has been
recorded for the subdivision.
Alexandria Subdivision - CUP-O4-0 15 (Rev,) - Exhibit E
Page 2 of2
EXHIBIT F.I.
Annexation and Zoning Findings
Alexandria Subdivision
(File AZ-O4-0II)
The City Council hereby approves the following analysis of required findings by staff:
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 tenns of the
following standards and shall find adequate evidence answering the following questions
about the proposed zoning amendment. »
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 requested zoning designation of R-8 is harmonious
with and in accordance with the adopted Comprehensive Plan and
Generalized Land Use Map, which designates the land to be "Mixed Use
Neighborhood." The Special Considerations section of the staff report
discusses the issues surrounding the Neighborhood Center. Pages 4-6 of
the applicant's supplement narrative (dated 12/21/04 by B&A Engineers)
cite several policies from the 2002 Comprehensive Plan that pertain to and
support the annexation. Staff agrees with the policies and statements.
B.
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 area has been designated as a Mixed-Use Neighborhood area in
Meridian's Comprehensive Plan. The Comprehensive Plan designations
in combination with the subject property's location on an arterial roadway
with existing commercial and residential development helps to make the
proposed development compatible with surrounding land uses and the City
of Meridian's plan for the development of the area. Recently approved
developments in the vicinity of the subject property include Heritage
Commons, Havasu Creek, Razzberry Crossing, and Brockton
Subdivisions.
C.
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
Alexandria Subdivision - AZ-O4-0l1 -Findings of Fact, Conclusions of Law & Decision and Order
Page 1 on
will not change the essential character of the same area;
Staff finds that the proposed uses are compatible with the existing and
intended character of the area. The Comprehensive plan designates the
area as Mixed Use - Neighborhood; the proposed residential uses (both
standard and alley-loaded product) are compatible with the
Comprehensive Plan designation, which encourages. short blocks and
radiating densities. Staff finds that the proposed 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.
D.
Will the proposed uses not be hazardous or disturbing to existing or
future neighboring uses;
The Commission and Council should rely on public testimony to
determine whether or not the proposed use will be disturbing or hazardous
to the neighboring uses.
Staff does not anticipate that the proposed uses will be hazardous or
disturbing to future or existing neighbors.
E.
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 tbat the person responsible
for the establishment of proposed zoning amendment shall be able to
provide adequately any of such services;
Staff finds that the subject property can be served adequately by most
essential public facilities and services. The Meridian Fire Department
(Deputy Chief Silva) does not allow anyon-street parking where the
driveable surface of a street is below 29 feet (back-of-curb to back-of-
curb). As amended, the driveable surface is 30.5 feet (center-of-gutter to
center-of-gutter - as measured by the MFD (see MFD condition #1).
Sanitary sewer service will be via mainline extensions from Razzberry
Crossing subdivision. Please review ACHD, Police and the Fire
Department's comments concerning this subdivision for further
information regarding public services and facilities.
F.
Will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the
economic welfare of the community;
Staff finds that there will not be additional requirements at public cost and
that the annexation and zoning will not be detrimental to the community's
Alexandria Subdivision - AZ-O4-0 I I - Findings of Fact, Conclusions of Law & Decision and Order
Page 2 of 3
economic welfare.
G.
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 uses will create additional traffic, especially
on Locust Grove Road. However, staff does not believe that the increase
in traffic will be excessive. ACHD staff approved the revised plat (with
conditions) on January 25, 2005. Staff does not anticipate that the
proposed development will generate traffic, noise, smoke, odors or other
nuisances that would be detrimental to the general welfare of the
surrounding area.
H.
WiD the area have vehicular approaches to the property which shall
be so designed as not to create an interference with traffic on
surrounding public streets;
Staff finds that the proposed vehicular approach to Locust Grove Road
and the extension of the two stub streets from Razzberry Crossing
Subdivision to the north should not appreciably interfere with traffic on
the surrounding streets. The proposed closure of E. Green Haven Street
where it connects to Locust Grove Road should have a positive impact on
traffic flow on that arterial.
Ada County Highway District's comments should be considered when
making this finding.
I.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
Staff frods that no natural or scenic features of major importance will be
lost or damaged by approval of this annexation request.
J.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592,11-17-1992)"
Staff finds that the annexation of this property would be in the best interest
of the City by providing a diversity of housing types and lot sizes in one of
Meridian's designated Neighborhood Centers.
Alexandria Subdivision- AZ-O4-011 - Findings of Fact, Conclusions of Law & Decision and Order
Page 3 on
EXHIBIT F.2.
Preliminary Plat Findings
Alexandria Subdivision
(File PP-O4-017)
The City Council hereby approves the following analysis of required findings by staff:
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
a. The conformance
Development Plan;
of the
subdivision
with
the
Comprehensive
As noted in the Annexation and Zoning Findings, staff finds that the subdivision
conforms with the intent of the Comprehensive Plan.
b, The availability of public services to accommodate the proposed
development;
Staff finds that public services are, or will be available to accommodate the
proposed subdivision. The developer will pay for the construction of all services
to the proposed development.
c. The continuity of the proposed development with the capital
improvement program;
Staff finds that the subdivision will not require the expenditure of capital
improvement funds. The developer will extend all services to the subject
property.
d. The public fmancial capability of supporting services for the proposed
development;
Staff finds that the development will not require major expenditures for providing
supporting services. The developer will extend all services to the subject.
property.
e, The other health, safety or environmental problems that may be brought
to the Commission's attention.
Staff finds there are no foreseeable health, safety or environmental problems that
may result from construction of Alexandria Subdivision.
Alexandria Subdivision- PP-04-0I7 -Findings of Fac!, Conclusions of Law & Decision and Order
Page1of1
EXHIBIT F.3.
Conditional Use Permit Findings
Alexandria Subdivision
(File CUP-O4-015)
The City Council hereby approves the following analysis of required findings by staff:
The Commission and Council shall review the particular facts and circumstances of each
proposed conditional use in terms of the following and may approve a conditional use
permit if they shall find evidence presented at the hearing(s) is adequate to establish (J 1-
17-3):
A.
B,
C.
D.
E.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking landscaping and other features as may be required by
this ordinance;
Staff finds that the subject property's size of9.8 acres is large enough to
accommodate the proposed residential development and all other required
amenities and features.
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as Mixed
Use - Neighborhood. The proposed residential uses are harmonious with and in
accordance with the Comprehensive Plan. The project meets the requirements
and objectives of the Planned Development Ordinance.
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Staff finds that the proposed uses will be compatible with other uses in the general
neighborhood and the existing and intended character of the general vicinity.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
Staff does not anticipate that the proposed project will have an adverse impact on
the surrounding property; however, the Commission and Council should consider
any testimony given at the public hearings before making this finding.
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
Alexandria Subdivision - CUP-O4-015 - Findings of Fact, Conclusions of Law & Decision and Order
Page 1 of2
H,
I,
structures, refuse disposal, water, sewer or that the person responsible for
the establishment of proposed conditional use shall be able to provide
adequately any such services;
Staff finds that the proposed development can be adequately served by essential
public facilities including: streets, police and fire protection, drainage structures,
refuse disposal, water and sewer.
F.
That the proposed use will not create excessive additional requirements at
public cost for public facilities and services and will not be detrimental to the
economic welfare of the community;
Staff finds that the proposed use would not be detrimental to the economic
welfare of the community, nor would it create the need for any new facilities or
services to be paid for by the public.
G,
That the proposed use will not involve activities or processes, materials,
equipment, and conditions of operation that will be detrimental to any
persons, property, or general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff finds that no excessive traffic, noise, smoke, fumes, glare or odors will result
from the proposed commercial and residential uses.
That the proposed use will have vehicular approaches to the property which
shall be so designed as not to create an interference with traffic on
surrounding public streets;
Stafffmds that the proposed use will not create significant interference with any
traffic on the surrounding public streets. To prevent traffic hazards and
interference on Green Haven, parking should only be permitted on one side of the
street. The Council and Commission should refer to the ACHD report for
additional information concerning this finding.
That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance,
Staff does not find that any natural or scenic feature will be lost, damaged or
destroyed by issuance of this conditional use.
Alexandria Subdivision- CUP-O4-015 - Findings of Fact, Conclusions of Law & Decision and Order
Page 2 of2
EXHIBIT G
Alexandria Subdivision
(PP-O4-017, CUP-O4-0I5)
Approved Street Sections
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