HomeMy WebLinkAboutTustin Subdivision PP
RECEIVED
APR 0 8 2005
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City Of Meridian
City Clerk Office
STAFF SUMMARY OF
PLANNING AND ZONING COMMISSION HEARING
Date of Recommendation: April 7, 2005
Project Name:
Tustin Subdivision
Case No(s):
AZ-05-002, PP-05-003, VAC-05-001
Applicant:
SCS Investments, LLC
P&Z Commission Hearing Date: March 3, 2005
A. Recommendation:
Approve (all Ayes)
B. Summary of Public Hearing:
1. The applicant's representative, Kenney Christiansen, testified in favor of the
application.
2. The Planning & Zoning Commission heard and took oral and written testimony, as
reflected in the Clerk's record and the minutes and duly considered the evidence and
the record in this matter.
3. Staff presenting application: Anna Canning presented the application.
C. Key Issues of Discussion by Commission:
I. hnpact of the proposal on the existing Larkspur Subdivision to the west.
2. Sufficiency of subdivision common open space provided.
3. Vehicular connectivity to the property to the north.
D. Key Commission Changes to Staff Recommendation:
1. None.
E. Draft Findings for Approval
Exhibit A- Legal Description
Exhibit B- Preliminary Plat
Exhibit C- Conditions of Approval
Exhibit D- Annexation and Zoning Findings
Exhibit E- Preliminary Plat Findings
EXHffiIT A
Tustin Subdivision
AZ-O5-002 PP-O5-001 V AC-O5-001
. LegalDescription
Eo"'. Idaho 83704
(20B) 376-5000. F" (208) 376.5556
Project No. 04-004-01
Date: December I. 2004
TUSTIN SUBDIVISION
ANNEXATION DESCRIPTION
A parcel of land located in the SE li4 of Section 30. T. 4 N., R. 1 E.. B:M.. Ada Collnty,
Idaho. more particularly described as follows:
Commencing at the section comer common to SecboIlS 29, 30, 31 and 32 of said
TAN.. R.IE.;
Thence North 00"00'00" East, 450.93 feet on the section line common to said Sections 29
and 30 10 the REAL POINT OF BEGINNING:
Thence leaving said section line, Nnrth 90"00'00" West, 30.00 feet to the southeils! comer
of Parcel D of Property Line Adjustment Record-of-Survey Numher 5410 of Ada County Records,
said pain! also being on the westerly right-of-way tine of North Locust Grove Road;
Thence on the exterior boundary line of said Parcel D for the fnllowing courses alld
distan«,:
North 88"26'38" West, 115.94 feet;
Thence North 62°18'07" West, 292.55 feet;
Thence North 90°00'00" West. 20.36 feet,
Thence South 00°00'00" West, 59L53 feet to a point on the sectinn line common to said
Sections 30 and 31;
Thence South 89"48'09" West, 820.72 feel on the sectio!> lin. common to said Sections 31)
and 31;
Thence North 00"00'00" East, 1386.55 feet, a portion of sajd line h"mg on tnc wcSterl)
boumIary line of lot 13, Block 2 ofLarkwnod Subdivision, as same is shown on the PliI! thereof
recorded in Book 58 of PIats at Page 5494 of Ada County Records;
Thence South 9IFoo'00" East, 60.00 feet on said westerly boundary li!>c:
Thence North 00°00'00" East, 418.71 feet on said weSterly boundary line (ü ¡he llD~hwest
comer of said Lot 13, Block 2:
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Thene< South 89"13'04" East, 1186.11 tèet, a portion of said line being on the nonhcrl~
houndary line of said Lot 13. Block 2 to a point on the section line common to said Section, 29
and 30:
Thence South 00°00'00" West, 1J33.84lèet on the section line common to said SectIOns 29
and 30 to thereal point of beginning. Said parcel contains 45.88 acres more or less
PREPARED BY,
Engineering NorthWes~ LLC
James R. Wasbbnrn. PLS
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lTSTL'i SUBDIVISION
PRELE\nl'iARl PL-\.T DESCRlPTW",
A pared c>f land being Parcel D "' '¡"",',n on [hat ProperTy Lme AoJnSIfnent Roc.,.rd'<'Í.
Sm",'--'iumbc,5dIOof."da('olinlYR('ccrâs,lo"aLCàinlheSE 1.4 .3èC¡¡'", T 4 R.l
8.\1.. .~Jo ee,umy. Idaho. more partieul,,], Jesmbed as follows.
")U1l1k'<Ctng ai Ihe "'<[lOn COfiler ""'"',mon [0 Sections 2".30. J I ,[nd .'.: ü, saw
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I he"ce 'J,mh 'Jt)'UO'I."j" Easl 4;".-)3 fee, ,m the section line common [0 ,aid SEC\LOJ1S b
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1 hence ka\'lIlg ,acd s,,('cion line, 'Ionh 90'();j'uO" Wesl, 30.00 fe-,t CD 'i¡e sollihea" ""mel
u¡'s;rid ['.-trcd [) ",ï{ecorJ."rSurvey Number 5'¡r(), saidpolOl also being on tlr" wt?rerly ,¡,';,'.",f
way ¡Ule oj N. (o,;ust Grove Road ar.J b"mg tire REAL POINT OF BEGINNING;
1IWI\èc' ,)11 the exkriu, "(Iundar} line of saId Parcel D lor the ¡()Un,", 'ng ':tmr,cs and
distances
IIr"nc" Non¡¡ "Ro20'31J"West !1594feer
Then,;e Nonh 62'18'07" West 292.55 foel;
Then,;e North 90'OO'tJtJ" West 2036 ieèl:
rheace South 'ItJOtJO'OO'. WeSt, 56;)3 feCI,
Thence South '~'48'(j9" West. 820 72 feet:
Thenc,,~'onh ')1)'",)")0" East. l3h5.i 6"".
1 hence S')l!fh (¡ )"!jl)'¡}fi' Easl, "I).no f"eL
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PREPARED BY:
Engineering i'ior!h\\esr, LU
James R. Wasilùu¡-u, no
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North West, LLC
B"ise. Idaho 83704
(lOB) 376-5000. Pax (20B) 376,5556
Project No, 04-004-01
Date: April 16,1004
LARKWOOD
AGRICULTURAL EASEMENT DESCRIPTION
An easement located in Lot 13, Block 2 ofLarkwood Subdivision as same is shown on
the Plat Ihereofrecorded in Book 58 of Plats at Page 5494 of Ada County Records, located in the
SR Jl4 "fSection 3n, T. 4 N., R. J E" 8.M., Ada County, Idaho, more particularly described as
follows:
Commencing at the section comer common to Sections 29, 30, 31 and 31 of said TAN..
R.IE,;
¡'hence North 00°00'00" East, 1784.77 feet on the section lioe common to said Sections
29 and 3(J;
Thence North 89"t3'04" West, ,moo feet 10 the northeast Comer of Lot IJ, Block 2 of
said Larkwood Suhdivision, said point heing the REAL POINT OF BEGINNING;
Thence South 00'00'00" We.t, 30,00 teet on the easterly In! line of said Lot 13, whieh
line is also the westerly right-of-way line of North Locust Grove Road;
Thence leaving said lot line and right-of-way line, North 89° 13 '04" West, 1(J91.I ¡ feel;
Thence South 00"00'00" West, 45,00 feet;
Th<ncc North 89°13'04" West, 45.00 feet;
Thence North 00'00'00" East, 45,00 feet;
Thence North 89'13'04"West,10.00 feettn a point on the lot line common to Lots 1 and
13, Block 2 of said Larkwood Subdivision;
Thence North 00'00'00" East, 30.00 feet on said common lot line to the northerly lot
comer eornmnn tn said Lots 2 and 13;
l1lence South 89" 13 't)4" East, 1156,11 teet on the northerly lot line of said Lot I 3 to the
reaJ point ofbeginn;ng.
PREPARED BY:
Engineering NorthWest, LLC
James R. Washburn. PLS
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EXHffiIT B
Tustin Subdivision
AZ-O5-002 PP-O5-001 V AC-O5-001
Preliminary Plat.
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EXIDBIT C
Tustin Subdivision
Az,O5-002 PP-O5-001 V AC-O5-001
Conditions of Approval
ANEXATION & ZONING COMMENTS
1. The annexation legal description submitted with the application (dated 12-1-04,
stamped by James R. Washburn, PLS) shows the property as contiguous to the
existing corporate boundary of the City of Meridian.
2.
Any future subdivision, uses and construction on this property shall comply with
the City of Meridian ordinances in effect at the time.
SITE SPECIFIC CONDITIONS-PRELIMINARY PLAT
1. All conditions of the accompanying Annexation/Zoning (AZ-05-002) application
shall also be considered conditions of the Preliminary Plat (PP-05-003).
2,
A minimum of two points of access will be required for any portion of the project,
which serves more than 50 homes, The two entrances shall be separated by no less
than Y:. the diagonal measurement of the project. Prior to issuance of the 51 st
building permit on the northern section of the development, a secondary
emergency access approved by the Meridian Fire Department shall be provided.
3.
Provide public stub streets to the north (N, Snow Basin Ave), and east (E. Deer
Valley Street) as proposed.
4.
With the submittal of the final plat application, the applicant shall submit a copy
of the Ada County Street Name Committee's final approval letter for the street
names, subdivision name, . and lot and block numbering. Make any other
corrections necessary to conform.
The submitted 3-page landscape plan prepared by The Land Group, Inc., dated 7-
14-04 is approved as submitted, with the following modifications:
. Modify the landscape plans to reflect the revised preliminary plat dated February
2005 and the modifications required by this report.
. Add micropaths to Lot 13, Block 9 and Lot 24, Block 1. All micropaths within
the proposed subdivision shall be designed in accordance with MCC 12-13-15
"Micropath Landscaping" and MCC 12-4-3 "Pedestrian Walkways." Micropath
fencing shall be constructed per MCC 12-13-15-9.
. No large trees will be allowed within the 20-foot sanitary sewer easement area
across Lot 24, Block I, and Lot 1, Block 6. An access road/pathway will be
required over the sewer in Lot 24, Block 1,
11.
Other than the changes listed above, the approved landscape plan is not to be
altered without prior written approval of the Planning & Zoning Department.
Submit 10 copies of a revised landscape plan, depicting the above-mentioned
changes and any other changes that may be required by the Planning &
Zoning Commission, to the City Clerk at least 10 days prior to the next
public hearing.
6,
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 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.
7.
Underground vear-round pressurized irrigation must be provided to all lots within
this development. The City of Meridian requires that pressurized irrigation
systems be supplied by a year-round source of water. If the pressurized irrigation
system within this development is to remain a private homeowners' association
system, complete plans and specifications shall be reviewed by the Public Works
Department as part of the development plan review process- A draft copy of the
pressurized irrigation system O&M manual shall be submitted prior to plan
approval. 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.
8.
If permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of a building
permit.
9.
Maintenance of all common areas shall be the responsibility of the Tustin
Homeowners' Association.
10.
Permanent sanitary sewer service to this development is to be provided ITom the
future North Slough Trunk - Phase II extension that is currently scheduled to
commence construction in the fall of 2005. Applicant will be responsible to
construct the water mains to and through this proposed development, thereby
making them available to adjacent properties. 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.
Municipal water to this site shall be via ext extensions from existing mains in N.
16,
17.
Locust Grove and E. McMillan Roads. Applicant will be responsible to construct
the water mains to and through this proposed development, thereby making them
available to adjacent properties. 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.
Direct lot access to Locust Grove Road and McMillan Road is prohibited. The
existing access to Locust Grove Road ftom Lot 12, Block 9 shall be eliminated
and a note shall be placed on the final plat restricting access to Locust Grove
Road and McMillan Road.
13,
A permanent pedestrian easement, in favor of the City of Meridian, shall be
recorded for the regional pathway in each phase of the subdivision. The public
easement shall be recorded for the pathway prior to occupancy of any structures
in that particular phase of the subdivision. Submit a copy of the recorded
easement to the Planning and Zoning and Parks Departments. The easement shall
be sufficient width to cover the 10-wide pathway. Buildings are precluded ftom
constructing within this easement. The lO-foot wide hard surfaced pathway shall
be constructed and fully improved prior to the issuance of the first Certificate of
Occupancy for any building within the phase. Additionally, a note shall be added
to the face of each final plat indicating the City of Meridian is responsible for the
maintenance of the pathway surface located within the easement. Applicant shall
conform to the Park's Department standards for construction of the regional
pathway. The Homeowner's Association is responsible for maintenance of all
landscaping adjacent to the pathway.
14.
The applicant shall be required to construct micropaths through Lot 13, Block 9
and Lot 24, Block I for pedestrian connection to the multi-use pathway. All
micropaths within the proposed subdivision shall be designed in accordance with
MCC 12-13-15 "Micropath Landscaping" and MCC 12-4-3 "Pedestrian
Walkways." Micropath fencing shall be constructed per MCC 12-13-15-9.
15.
A six-foot "open vision" or four-foot solid fencing is required adjacent to the
North Slough pathway on Lots 12, 13, 14, 15, 19,20,21,22, and 23, Block I; and
on Lots 12, 14, 15, 16, 17, 18, 19,23,24,25, and 26, Block 9; and adjacent to the
common area/open space lot in Block 6. Submit a detailed fencing plan with the
final plat.
The applicant shall be required to place the additional 10 feet of right-of-way
requested by ACHD for Locust Grove Road in a separate common lot which
would be in addition to the common lot for the required 25 foot street buffer.
The landscape buffer along Locust Grove Road shall be expanded to 30 feet to
allow for the construction of a 5 foot wide concrete sidewalk, and shifted 10 feet
to the west to allow for the 10 foot common lot required for future ACHD right-
7.
8.
of-way.
18.
The existing structure on Lot 12, Block 9 shall be considered grandfathered as an
accessory building pursuant to the requirement of MCC ll-9-4(B)(I)(b) which
states that "no accessory building or structure shall be constructed on any lot prior
to the start of construction of the principal building to which it is accessory."
GENERAL REQUIREMENTS-PRELIMINARY PLAT
1. All grading of the site shall be performed in conformance with MCC ll-12-3H.
2.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4.
A detailed landscape plan, in compliance with the landscape and subdivision
ordinance and as noted in this report, shall be submitted for the subdivision with
the final plat application.
5,
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6.
Two-hundred-fifty and 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 ITom the Public Works
Department prior commencing installations.
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 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: I, 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
14.
15.
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.
9,
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.
Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance.
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
Other A!!encvlDepartment Comments & Conditions
SANITARY SERVICES COMPANY (SSC)
1- SSC has no comments related to this application.
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 SOO' apart. International Fire Code Appendix C
2.
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.
12.
3.
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 comers when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g, Fire hydrants shall be place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC Section
509.5.
4.
The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5.
All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6.
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.
7.
Provide a 20' wide Fire Lane for all internal roadways all roadways shall be
marked in accordance with Appendix D Section D1O3.6 Signs.
8.
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.
9.
To increase emergency access to the site a minimum of two points of access will be
required for any portion of the project, which serves more than 50 homes, The
applicant shall provide a stub street to the property to the (west/east/northlsouth).
The two entrances should be separated by no less than Y2 the diagonal measurement
of the project.
10.
Building setbacks shall be per the International Building Code for one and two
story construction.
11.
The proposed liS-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of334 residents at build out.
The fire department requests that any future signalization installed as the result of
the development of this project be equipped with Opticom Sensors to ensure a
safe and efficient response by fire and emergency medical service vehicles. This
cost of this installation is to be borne by the developer.
b.
13.
All portions of the buildings located on this project must be within 150' of a paved
surface as measured around the perimeter of the building.
14.
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 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).
For buildings equipped throughout with an approved automatic sprinkler system
installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement
shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Pathway and Trail standards: The proposed pathway and/or trail shall meet the
standards as set forth in the August 2003 Comprehensive Parks and Recreation
System Plan, pgs. 3-2 and 3-3, sections B & C,
2.
Standard for City to assume Maintenance of a section of Pathway: The pathway
must connect from one major arterial to another, and either an easement or
ownership deed must be granted before the city will assume the maintenance of
any section of pathway.
MERIDIAN POLICE DEPARTMENT
I. No comments received,
EXHIBIT D
Tustin Subdivision
AZ-O5-002 PP-05-001 V AC-05-001
Annexation and Zoning Findings
According to Meridian City Code (MCC) 11-15-11, General Standards Applicable to
Zoning Amendments, both the Planning & Zoning Commission and Council are
required "to review the particular facts and circumstances of each proposed zoning
amendment in terms of the following standards and shall fmd adequate evidence
answering the following questions about the proposed zoning amendment. "
The following is the list of standards found in 11-15-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
The subject property is currently designated 'Low Density Residential' on the
2002 Comprehensive Plan Future Land Use Map. In Chapter VII of the
Comprehensive Plan, low density is defined as areas including single-family
homes at densities of three dwelling units or less per acre. The gross density of the
zoning request is 2.60 dwelling units per acre.
City Council finds the following text policies fÌom the Comprehensive Plan to be
applicable to the proposed zoning amendment (staffs analysis shown in italics
below each policy):
. Require that development projects have planned for the provision of all public
services (Chapter VII, Goal Ill, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City
services to the subject properties. The City of Meridian plans to provide
municipal services to the lands proposed to be annexed in the following
manner:
.
Sanitary sewer and water service will be extended to the project at
the developer's expense.
The subject lands currently lie within the jurisdiction of the
Meridian Rural Fire District, Once annexed the lands will be
under the jurisdiction of the Meridian City Fire Department, who
currently shares resource and personnel with the Meridian Rural
Fire Department. Fire and Emergency Medical Services will be
provided by Meridian City Fire Station #3. The subject lands lie
within 1.5 miles of the recently opened Meridian City Fire Station
#3 and lie within the Meridian Fire Department's five-minute
response zone.
.
.
The subject lands currently lie within the jurisdiction of the Ada
County Sheriff's Office. Once annexed the lands will be serviced
by the Meridian Police Department (MPD).
The roadways adjacent to the subject lands are currently owned
and maintained by the Ada County Highway District (ACHD). This
service will not change.
The subject lands are currently serviced by the Meridian School
District #2. This service will not change.
The subject lands are currently serviced by the Meridian Library
District. This service will not change and the Meridian Library
District should suffer no revenue loss as a result of the subject
annexation.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water
Department, the Meridian Wastewater Department, the Meridian Planning
and Zoning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
.
Protect existing residential properties from incompatible land use
development on adjacent parcels (Chapter VII, Goal N, Objective C, Action
I)
All of the properties adjacent to the subject site are either designated for
residential or public/quasi public uses on the Comprehensive Plan Future
Land Use Map.
.
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 lV, Objective C, Action
10)
The subject property is designated Low-Density Residential on the Future
Land Use Map which identifies this area as an appropriate area for low-
density residential development, This proposal meets the Comprehensive
Plan definition of low-density, with a gross density of 2.60 dwelling units per
acre.
. Require street connections between subdivisions at regular intervals to
enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A,
Action 6)
One stub street has been provided to large, undeveloped parcel to the north
and one stub street has been provided to the east to the adjacent parcel at the
northwest corner of Locust Grove Road and McMillan Road (see ACHD
report for details).
City Council finds that the proposed R-4 zoning designation is 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;
City Council does not anticipate that the applicant plans to rezone the subject
property in the future if the accompanying PP application is approved.
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 the proposed single-family development is allowed within
the requested R-4 zone,
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 a substantial portion of the land in the area has been
developed (or approved for development) in a manner similar to the proposed
subdivision, with single-family dwelling units. Saguaro Canyon Subdivision to
the west was approved with a gross density of 3.09 dwelling units per acre.
Havasu Creek Subdivision, to the south, has a gross density of 3.05 dwelling units
per acre (minus the future school site).
There have been no recent street improvements in the area. Locust Grove Road is
not currently scheduled within ACHD's Five Year Work Program or Capital
Improvements Plan (CIP) for roadway widening. McMillan Road is not
scheduled within ACHD's Five Year Work Program, but is included in the
current Capital hnprovements Plan. According to the current CIP, McMillan
Road is anticipated to be reconstructed in 2015 to include 3 travel lanes with a 70-
foot right-of-way.
Other urban services, such as water, are near to this site and the applicant should
be able to extend such services to the site. Sanitary sewer service for this
development will be from the future North Slough Trunk - Phase II extension that
is currently scheduled to commence construction in the fall of2005. City Council
finds that the subject site is proposed for development in a fashion similar to other
properties in the area,
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. Staff finds that
the proposed R-4 zoning and subsequent residential use proposed with the
concurrent preliminary plat is harmonious and appropriate to the intended
character of the vicinity. If this development is approved as proposed, City
Council fmds that it will not significantly change existing character of the area as
noted on the Future Land Use Map in the Comprehensive Plan.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Due to other existing and proposed uses near the site, City Council finds that the
proposed zoning/uses will be physically hazardous to future or existing uses or
neighbors in the area.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and f'Ire 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;
Other urban services, such as water, are near this site and the applicant should be
able to extend such services to the site. Sanitary sewer service for this
development will be ITom the future North Slough Trunk - Phase II extension that
is currently scheduled to commence construction in the fall of2005. The
applicant shall be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
On February II, 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property. The detailed
comments and conditions ITom the Fire Department, Police Department, and other
agencies/departments are at the end of this report, This project was heard by the
ACHD Commission on March 2, 2005
Based on the comments received ITom other agencies/departments, City Council
finds that the public services listed above can be made available to accommodate
the proposed development.
H.
Will not create excessive additional requirements at public cost for public
facilities and services and win not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, public
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services. City Council finds there will not be excessive additional
requirements at public cost. Staff does not anticipate that the annexation and
zoning will 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 recognizes that traffic and noise will increase with the approval of a
development on this site; however, staff does not believe that the amount
generated will be detrimental to the general welfare of the public. Traffic
congestion is an ongoing issue for north Meridian, the resolution of which is
beyond the scope of this project. ACHD staff finds that the additional traffic
created by a revised building should not be excessive. City Council finds that
annexation and development in accordance with current city code and the
Comprehensive Plan will not create excessive noise, smoke, fumes, glare, or
odors.
J.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one public street entrance into the site
from McMillan Road and one public street entrance into the site from Locust
Grove Road, The proposed public street entrance to Locust Grove Road (East
Cedar Hills St.) offsets a previously approved public street entrance into Vienna
Woods by approximately 470 feet (measured centerline to centerline). City
Council finds that the subdivision will not create interference with traffic on the
surrounding public streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council is not aware of any natural or scenic features that may be lost,
damaged or destroyed with the approval of the subject applications. The North
Slough does bisect the property and is proposed to be piped underground.
However, this facility is not considered to be a feature of "major importance" for
the community- Staff recommends that the Commission and Council reference
any public testimony that may be presented to determine whether or not the
proposed development may result in the destruction, loss or damage of a natural
or scenic feature(s) of importance of which staffis unaware. Any existing trees
larger than 4" caliper that are removed should be mitigated for, per the Landscape
Ordinance.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
In accordance with the findings listed above, City Council finds that the
annexation/zoning of this property, as proposed by the applicant, is in the best
interest of the City.
D.
E.
EXHIBIT E
Tustin Subdivision
AZ-05-002 PP-05-001 V AC-O5-001
Preliminary Plat Findings
Meridian City Code (MCC) 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;
B.
See Annexation and Zoning Finding "A".
The availability of public services to accommodate the proposed
development;
City Council finds that public services are or will be available to accommodate
the proposed development. See Annexation and Zoning Finding "G".
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 a development on this property will not
require the expenditure of capital improvement funds.
The public financial capability of supporting services for the proposed
development;
C.
City Council finds that the development will not require major expenditures for
providing supporting services. See Annexation and Zoning Finding "G",
The other health, safety or environmental problems that may be brought to
the Commission's attention.
City Council finds that there are not any health, safety or environmental problems
associated with this subdivision and no hazardous natural features have been
identified on the site.
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request for Annexation and Zoning of 45.88 acres from RUT to R-4 Zone
AND Preliminary Plat approval of one-hundred fifteen (115) single-family residential and
twenty-six (26) common lots on 45.88 acres in a proposed R-4 zone AND Vacation of E.
Manderly Lane and 30 foot wide agricultural easement, both being one and the same, for
proposed Tustin Subdivision by SCS Investments, LLC.
Case No. PP-05-003, AZ-05-002, V AC-05-001
For the City Council Hearing Date of: April 12, 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')
ofthe 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 matters were duly considered by the City Council at the April 12, 2005, public
hearing. 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.
c,
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
recommendation for approval to City Council.
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. PP-05-001 -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 of record at the time of issuance of these findings is
SCS Investments, LLc.
4. Required Findings per Zoning and Subdivision Ordinances
a.
See Exhibit D and E for the findings required for each application.
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 (LC. §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 fonnd 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 February 24, 2005 as shown in Exhibit B, and the Conditions of Approval in
Exhibit C, The conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated February 24, 2005 is hereby conditionally approved;
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-O5-001 -PAGE20f4
2. The site specific and standard conditions of approval are as shown in Exhibit C,
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 fmal
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.)
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 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 approval may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Exhibits
Exhibit A: Legal Description
Exhibit B:
Exhibit C:
Approved Preliminary Plat (February 24,2005, with conditions)
Conditions of Approval (all agencies)
Exhibit D: Annexation and Zoning Findings
Exhibit E:
Preliminary Plat Findings
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-05-001 -PAGE30f4
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr" City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney,
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO. PP-DS-DDI -PAGE4of4