HomeMy WebLinkAboutKingsbridge Subdivision CUP
RECEIVED
APR 0 6 2005
City Of Meridian
STAFF SUMMARY City Clerk Office
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Transmittal Date:
April 7, 2005
Project Name:
Kingsbridge Subdivision
Case No(s): AZ-05-003/PP-OS-004/CUP-OS-004
Applicant:
Vision First, LLC
P&Z Commission Hearing Date(s):
March 3, 2005
Recommendation:
Approve with conditions
A. Summary of Public Hearing:
1. In favor: Ken Elliott (Applicant's representative), Bob Kell
2. In opposition: Brady Turner (Dartmoor Homeowners' Association), Lesa Becker, Bob
Becker, Frank Shoemaker, David Lavigne, Bradford Dedman, Kava Rich, Laurie
Allen, Lee Moncarr, David Seegmiller, Chantelle Krasinski
3. Commenting: Julian Hill
4. Staff presenting application: Anna Canning for Craig Hood
5. Other staff commenting on application: None
B. Key Issues of Discussion by Commission:
1. Proposed density;
2. Compatibility of development with surrounding properties;
3. Transitional lot size and "estate" lot size;
4. Limiting homes on the perimeter of the development to single story; and,
5. Traffic.
C. Key Commission Changes to Staff Recommendation:
The Commission amended the staff recommendation by adding the commitments made by
the applicant in the letter dated March 1, 2005 to the Planning & Zoning Commission.
Here is a summary of the Commission's recommended changes:
1) The applicant shall reduce the number of buildable lots from 130 to 125, by
removing an additional five lots from the southerly boundary of the development;
The applicant shalllirnit 22 of the 44 perimeter lots to single story dwellings (see
Exhibit "E" for lots to be restricted);
2)
9)
10)
3)
The applicant shall construct a concrete sidewalk, curb and gutter along the north
side of the existing Dartmoor Drive, from the bus stop on Eagle Road to connect
with the Dartmoor Drive extension in the subject development;
The applicant shall install a painted crosswalk across Dartmoor Drive, from Gideon
Place;
The applicant shall install a painted stripe delineating a pedestrian walkway along
the south side of the existing Dartmoor Drive;
The applicant shall install vinyl privacy fencing extending along the north property
line(s), and install either 5-foot wrought iron or 6-foot vinyl privacy fence on all
other project perimeters;
The applicant shall impose a 25-foot rear yard setback on all perimeter lots;
Along Zaldia Lane, the applicant shall construct a 5-foot wide landscape strip,
south of the 6-foot vinyl privacy fence. An evergreen tree shall be installed every
20-feet on center within the landscape strip;
The applicant shall construct a berm (maximum 4:1 slope) within the 20-foot wide
buffer strip along Zaldia Lane. Said berm shall produce a total vertical screen of
II-feet (6-foot privacy fence on top of a S-foot berm). Vertical screen height to be
measured from the Zaldia Lane/south property line established grade;
The applicant shall pipe the tail ditch from the Dartmoor irrigation pond (along
Eagle Road, north of Dartmoor Drive) through the site.
4)
5)
6)
7)
8)
The above-listed changes are detailed in bold and underlined in the proposed Exhibits
"D", "E" and "F".
D. Outstanding Issue(s) for City Council:
. As noted above, the applicant has committed to making certain improvements,
imposing additional restrictions and incorporating design features as part of
developing Kingsbridge Subdivision (see March 1,2005 letter from Vision First,
LLC). Although the P & Z Commission has recommended adopting these
commitments as conditions of approval in Exhibits "D", "E" and "F", staff realizes
that additional changes to the exhibits may be necessary depending on Council
action (see April 6, 2005 letter from Vision First, LLC). Staff has discussed some
of the potential changes with the applicant and neighbors in the area (e.g - new
preliminary plat reference, revised site plan, clarifYing previous commitments,
adding new conditions, etc.), and if significant changes are reQuired bv the Council.
staff recommends that the Findings and/or Exhibits be remanded back to staff to
reflect the Council's action prior to adoption/signature.
. Site Specific Condition #7 of Exhibit "F" requires the applicant to create a new 5-
foot wide landscape strip abutting Zaldia Lane. Staff is unclear as to how the
applicant is to construct this landscape strip. The sixth bullet of Condition #7
requires the applicant to construct the S-foot wide landscape strip on the south side
of the 6-foot vinyl fence (perimeter). However, the second bullet of Condition #7
requires the applicant to fence the perimeter of the property. This would seem to
make the landscape strip requirement off-site. Further, the seventh bullet of
Condition #7 requires the applicant to construct a S-foot tall berm adjacent to
Zaldia Lane. The berm is to be a maximum 4: 1 slope but is only proposed within a
20-foot wide lot. To maintain a 4: 1 slope on both sides of a fence constructed on
top of the berm, a 40-foot wide lot is required. To clarifv how the S-foot wide
landscape striP. fencing and berming along Zaldia Lane/southern perimeter is to be
constructed. staff recommends that the Council obtain clarification from the
applicant regarding the improvements to be made abutting Zaldien Zerua
Subdivision. Staff further recommends that the applicable bullets in Site Specific
Condition #7 of Exhibit "F" be modified accordinglv.
NOTE: The applicant is also proposing to narrow the waste pipe easement north of
Zaldia Lane (south side of plat) from 20-feet to IS-feet wide, with pipe installed 5-
feet from the southerly easement boundary, to maintain IO-feet of separation from
5-foot wide landscape strip to the pipe. The Nampa-Meridian Irrigation District
(NMID) does not typically allow trees within their easements and will have to
approve this change and any landscaping within their easements. If the applicant is
unable to obtain NMID's approval, the City Council should consider how the
applicant is to improve the bennllandscape area along Zaldia Lane.
. The Ada County Highway District (ACHD), Nampa & Meridian Irrigation District,
and the Central District Health Department have submitted additional comments
for this project. These comments have been included in Exhibits "E" and "F".
E. Preliminary Plat, Site Plan and Landscape Plan
1. Date of Preliminary Plat: March 2, 2005 (revised)
2. Date of Site Plan: January 14,2005
3. Date of Landscape Plan: January 14,2005
F. Recommended Conditions of Approval (by Commission, if applicable)
See attached Exhibits "D", "E" and "F"
EXHIBIT A
Kingsbridge Subdivision
AZ-05-003
Legal Description (3 pages)
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FOX Land Surveys, Inc.
4&116 _ami Rd, GT1I1U 1 Boise '_b. 1 83708 1 208-347H71 ZOØ-342-7437 FAX
PROPOSED KlNGSBRIDGE SUBDIVISION
loT ii, BLOCK 2 OF DARTMOOR SUBDIVISION WlfHlN A PoRTION OF THE SouTH Y. OF THE
NoRTHwEST%, AND. THE NOflTH Y,OFTHE NoRTHWE&T % OFTHESOUTHWESTY., SECTION
28, TOWNSHIP 3 NoRTH, RANGE 1 EAST. BoiSE MEIU1!iAN, AnA COUNTY, IOAHO
Lot 11. Wock 2 of Dar1moor SubdiviSion wi!hln a Portion of Tha South ~ Of !he
No.r\hwe$t %, and, the North % oflha Norlhwest% oftha Southwesl 11., Saction26;
Township 3 North, Range 1 Easl, Bolsa Meridian. Ada ColinI¡', Idaho, more particularly
dØ lcribad as follows;
B!Jginning at a found Brass Cap Monument marking !he Northwesl Corner Of Section 26.
TOWnship 3 North. Ranga 1 East, BoJsa Meridian, from w~c:h a found. Brass Cap
Monument marking the 11. Comer common to SectÒOl1S 21 and 28 bears South89'36'03"
Eøsl a distanca of 2,657.34 feel;
!hanca along lhe boundary common to Sections 26 and 29 of sakJ Township and Range,
SouIh 00027'43' Wesl. adistanœ of 2,641:93 feet to a found 518" tet>arwith no cap, SM
plastic caP s1amped 'FLSI PLS 7El12', marking the 11. comarcommon to Sactions;28 and
29 of said Township and Ranga, !he TRUE POINT OF BEGINNING;
thence along the East-Wøsl cantar linaof Section 28, South S¡¡'23'3/r East, a diBlan.ce of
45.00 faélto a sel 518' rebár with pla$tíc cap stamped 'FLSI PLS 1612" on the Easterly
right-of-way of Ea¡¡le Road, marking the Southwest comer of Lot 11. Block 2 of aartmaor
Subdivision;
thehce along said Easterly right-of-way of Eagie Rcia,j and the W"riy bo~ndal)l of said
Lot j 1, Block 2 of Oer1moor Sub,jivision, North 00'27'43" East II Clistanca of 50,00 feet 10
a $6t5lB' rebar wi!h plastic cap stamped "FLSI PLS 751T åt the cØf'nar common 10 Lot 11
and Lal16 Of said Dar1moor Subdivision;
thanes along Iha boundarias of said Lot 11. Block 2 of Dar1moor Subdivisioo the following
courses and diStances:
South 89'23'38" East a ,jistance of 528.24 feet a pøinl, from which. found Yo' rabar
with plastic cap stamPed "DHR PLS 3624" bears North 00025'38" East a distance of .0.63
fast;
North 00"25'38' East a distance of 228.03 feat 10 a sat 5/8" rebar wilh plastic cap
stampad 'FLSI PLS 7612';
North 12"21'38' East a dislanca of201.79 feet to the southwest righl..of-wayofeasl
Dar1moor [)five;
SouIh 89'25'57" East a distanoa of 81.12 feet 10 the norIhaast right-of-way of East
Dar1moOr Drive;
North 46'52'10' East a distance of 164.01 feet to a sat 518" rabar with plastic cap
stamped 'FLSI PLS 7612";
North 00"30'11" East a distance of 723,68 faet to the Northwast corner of said Lot
11, 810ck2of Dartmoor Subdivision, from which a found %' rabarwith plasticcapsiarnped
"OHR PLS 3624" baa... South 00'30'11' West a distance Of C!.44 feat;
Ihenca along Iha Norlharty boundary of said Lot 11. Block 2 of Oarllnoor Subdivision and
the North 1/16" line of Section2S, South 89"30'16' East a distance of 1,741.56 feelto Ihe
Northeast COrner of said Lot 11 and the Cantar-North 1/16'" comer of Section 28, marked
by a sat 518' rabar with plastic cap stamped 'RSI PLS 7612';
thence along the Easterly boundary of said Lot 11, Block 2 of Oartmoor Subdivision and
the North-South center line of Seclion 28, South 00'29'23" West a distance of 1,325.46
feat to a found 1 inch Iron Pin wiIh no cap, sat aluminum cap stamped 'FLSr PLS 7612'
marking the Southeast comer of said Lot 11 and the Centar of Section 26;
thence along the Southerly boundary of said Lot 11 , the East-Wast center line Of Section
28, and the Northerly bOundary of Kunz Hollow Subdivision, North 89"25'12" West, a
distancaof 1.328.13 feat 10 sfound 518" rebarwith plastic cap stamped 'LS 2723' marking
the Cantet-Wast 1/16" cornar Of Section 28 and the Northwest corner of Kun> Hollow
Subdivision;
thence along the West 111 pi" tine of Section 28 and Iha Westerly boundary of Kunz Hollow
Subdivision. South DD'33'59" Wast. a diStance of 661.38 feet 10 a found 5/8' rebar with
plastíe cap stamped 'EHM 3260' marking the SoulhweSt cornar Iharaof andlhe .Northeast
comer of Zaldien Zerua Subdivision;
thenœ along the Nortllarty boundary of Zaldien Zatua Subdivision and tha Westerly
axlension thereof, North 89"21'45' West a distanca of 1,3;!8,54 feet a point on the
Westerly boundary of Section 28and the canter line of South Eagte Road, markadby a set
5JB'r¡¡barwith plastic cap slamped 'FLSI PLS 7612';
thence along said Westerly boundary of Section 28 and the center line of South Eagle
Road North 00"37'13' East. a distanoe of 660.65 feet to the TRUE F'OINT DF
BEGINNING;
~--'--._---~--
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Containing 3,341,ï34squarafalli. 76.716 acres, mora or less-
Subjact toe>dstlng "",eements and ñgh1s-<>f-way as any may exist, of "",oed or not of
record.
The Basis of Baañng.s for Ihis dascñplioo is betWeen Ihe found Brass Cap Monument
marking the Northwest Comer of SedJon 26, Township 3 North, Rang<> 1 East, Boise
Meñdlan. and the found Brass Cap Monument marking Ihe % Comar QOmmon to Sections
21 and 21.! which bears South 89"36'03" East a distance of 2,657.34' feet
===-==~m>m .
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EXHIBIT B
Kingsbridge Subdivision
PP-05-004
Approved Preliminary Plat
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EXHIBIT B
Kingsbridge Subdivision
PP-05-004
Approved Preliminary Plat
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EXHIBIT C
Kingsbridge Subdivision
CUP-05-004
Approved Site Plan (2 pages)
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KINGSURJDGE SUBDIVISION;
M"RIDJAN, IDAHO '
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MERIDIAN, IDA!JO
EXHIBIT D
Kingsbridge Subdivision
AZ-05-003
Annexation and Zoning Comments
The aDplicant has made the followine commitments to be included as conditions of
a DeveloDment Aereement (DA). A develoDment aereement will be required as
Dart of annexation of this DroDertv. Prior to the annexation ordinance aDDroval. a
DA shall be entered into between the Citv of Meridian. the DroDertv owner(s) (at
the time of annexation ordinance adoDtion). and the develoDer. The aDDlicant shall
contact the Citv Attomev. Bill Narv. at 888-4433 to initiate this Drocess. The DA
shall incorporate the followine:
0
That the applicant shall construct a concrete sidewalk. curb and I!utter along
the north side of the existinl! Dartmoor Drive. from the bus stop on Eal!le
Road to connect with the Dartmoor Drive extension in the subject
development:
That the aDDlicant shall install a painted crosswalk across Dartmoor Drive.
from Gideon Place:
That the applicant shall install a painted stripe delineatinl! a pedestrian
walkwav alonl! the south side of the existinl! Dartmoor Drive:
That the aPDlicant shall install vinvl privacv fencinl! extendinl! alonl! the
north property line(s). and install either 5-foot wroul!ht iron or 6-foot vinvl
privacv fence on all other project perimeters:
That the aDDlicant shall impose. in the CCR's for Kinl!sbridl!e Subdivision. a
minimum 25-foot rear vard setback on all perimeter lots:
That the aDPlicant shall impose a sinl!le storv restriction on specific
perimeter lots (see Exhibit E):
That alonl! Zaldia Lane. the applicant shall construct a 5-foot wide landscape
striP. south of the 6-foot vinvl privacv fence. An everl!reen tree shall be
installed everv 2a-feet on center within the landscape strip:
That the applicant shall construct a berm (maximum 4:1 slope) within the
proposed 20-foot wide buffer strip alonl! Zaldia Lane. Said berm shall
produce a total vertical screen of ll-feet (6-foot privacv fence on top of a 5-
foot berm), Vertical screen heil!ht to be measured from the Zaldia
Lane/south Dropertv line established I!rade:
That the applicant shall DiDe the tail ditch from the Dartmoor irril!ation
pond (alonl! Eal!le Road. north of Dartmoor Drive) throul!h the site.
0
0
0
0
0
0
0
0
EXHIBIT D
Kingsbridge Subdivision
AZ-05-003
Annexation and Zoning Comments
The applicant has made the followinl! commitments to be included as conditions of
a Development Al!l"eement (DA). A development al!reement will be required as
part of annexation of this property. Prior to the annexation ordinance approval. a
DA shall be entered into between the City of Meridian. the property owner(s) (at
the time of annexation ordinance adoption). and the developer. The applicant shall
contact the City Attornev. Bill Nary. at 888-4433 to initiate this process. The DA
shall incorporate the followinl!:
0
That the applicant shall construct a concrete sidewalk. curb and I!Utter alone
the north side of the existine Dartmoor Drive. from the bus stop on Eaele
Road to connect with the Dartmoor Drive extension in the subiect
development:
That the applicant shall install a painted crosswalk across Dartmoor Drive.
from Gideon Place:
That the applicant shall install a painted stripe delineatine a pedestrian
walkway alone the south side of the existine Dartmoor Drive:
That the applicant shall install vinvl privacy fencine extendine alone the
north property line(s). and install either 5-foot wroueht iron or 6-foot vinyl
privacv fence on all other project perimeters:
That the applicant shall impose. in the CCR's for Kinesbridee Subdivision. a
minimum 25-foot rear yard setback on all perimeter lots:
That the aDPlicant shall imDose a sinele stOry restriction on specific
perimeter lots (see Exhibit E):
That alone Zaldia Lane. the applicant shall construct a 5-foot wide landscape
strip. south of the 6-foot vinyl privacy fence. An everereen tree shall be
installed every 20-feet on center within the landscape strip:
That the aPDlicant shall construct a berm (maximum 4:1 slope) within the
Droposed 20-foot wide buffer strip alone Zaldia Lane. Said berm shall
Droduce a total vertical screen of ll-feet (6-foot privacy fence on top of a 5-
foot berm). Vertical screen heieht to be measured from the Zaldia
Lane/south property line established erade:
That the applicant shall pipe the tail ditch from the Dartmoor irrieation
pond (alone Eaele Road. north of Dartmoor Drive) throueh the site,
0
0
0
0
0
0
0
0
EXHIBIT D
Kingsbridge Subdivision
AZ-05-003
Annexation and Zoning Comments
The applicant has made the followinl! commitments to be included as conditions of
a Development Al!l"eement CDA)' A development aereement will be reQuired as
part of annexation of this propertv. Prior to the annexation ordinance approval. a
DA shall be entered into between the Citv of Meridian. the propertv owner(s) (at
the time of annexation ordinance adoption). and the developer. The applicant shall
contact the Citv Attornev. Bül Narv. at 888-4433 to initiate this process. The DA
shall incorporate the followinl!:
0
That the applicant shall construct a concrete sidewalk. curb and I!utter alonl!
the north side of the existinl! Dartmoor Drive. from the bus stop on Eal!le
Road to connect with the Dartmoor Drive extension in the subject
development:
That the applicant shall install a painted crosswalk across Dartmoor Drive.
from Gideon Place:
That the applicant shall install a painted stripe delineatinl! a pedestrian
walkwav alone the south side of the existinl! Dartmoor Drive:
That the applicant shall install vinvl privacv fencinl! extendinl! alonl! the
north propertv line(s). and install either 5-foot wroul!ht iron or 6-foot vinvl
privacv fence on all other project perimeters:
That the applicant shall impose. in the CCR's for Kinl!sbridl!e Subdivision. a
minimum 25-foot rear vard setback on all perimeter lots:
That the applicant shall impose a sinl!le storv restriction on specific
perimeter lots (see Exhibit E):
That alonl! Zaldia Lane. the applicant shall construct a 5-foot wide landscape
strip. south of the 6-foot vinvl privacv fence. An everl!reen tree shall be
installed everv 20-feet on center within the landscape strip:
That the applicant shall construct a berm (maximum 4:1 slope) within the
oroposed 20-foot wide buffer strip alonl! Zaldia Lane. Said berm shall
produce a total vertical screen of ll-feet (6-foot privacv fence on top of a 5-
foot berm). Vertical screen heil!ht to be measured from the Zaldia
Lane/south propertv line established I!rade:
That the applicant shall pipe the tail ditch from the Dartmoor irrieation
pond (alonl! Eal!le Road. north of Dartmoor Drive) throul!h the site.
0
0
0
0
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EXHIBIT E
Kingsbridge Subdivision
PP-05-004
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
I, The 3-page prelirninary plat prepared by The Land Group, Inc" dated ~
March 2. 2005, is approved with the conditions listed herein, All conditions of
the Conditional Use Permit (CUP-05-004) application shall also be considered
conditions of the Preliminary Plat (PP-05-004),
2.
Provide a public stub street to the Blackmer Property (parcel No, R3I93250030),
approximately 4S0-feet east of the west property line (in alignment with
Darlington Way).
3,
Provide approximately lOa-feet of frontage on Kingsbridge Drive for Lot 14,
Block 2, by incorporating Lot 13, Block 2, into Lot 14, Block 2, Refuse service
for Lot 14, Block 2, shall be from Kingsbridge Drive and not Zaldia Lane, Trash
cans for Lot 14 shall be brought to the curb of Kingsbridge Drive, 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, when services
are available from the City of Meridian. Wells may he used for non-domestic
purposes such as landscape irrigation. The applicant shall be responsible for
payment of and the actual physical sanitary sewer and domestic water connection
for the existing house,
4.
Revise the following notes on the preliminary plat as follows:
. Note 7 shall be revised by adding a second sentence that reads: "Setbacks
shall be measured from the property line or the adjacent sidewalk,
whichever is more restrictive,"
Note 12 shall be amended by removing Lot 13, Block 2, from being a
HOA lot, and Lot 29, Block 2, shall be added to the list ofHOA lots,
Note 14 shall be removed (see Condition #3 above),
Add a note stating that the HOA is responsible for keeping Lot 9, Block I,
and Lot 20, Block 2, free of weeds and debris and is subject to a 60-foot
wide irrigation easement.
.
.
.
5.
All irrigation ditches, laterals, and canals (including the Ten Mile Feeder)
intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per MCC 12-4-13, The applicant shall also pipe the
tail ditch be2innin2 at the Dartmoor irri2ation pond (alon2 Ea21e Road.
north of Dartmoor Drive) throu2l1 the subiect site. Plans will need to be
approved by the appropriate irrigation/drainage district, or lateral users
association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. Iflateral users association approval can not be
obtained, plans will be reviewed and approved by the City Engineer prior to final
plat signature,
6,
The applicant has indicated that the pressurized irrigation system within this
development will be owned and operated by the homeowners' association.
Underground year-round pressurized irrigation rnust be provided to all lots within
this development (MCC 12-5-2.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 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. Ifthe system is to remain private, a draft copy of the pressurized
irrigation system O&M manual must be submitted prior to plan approval,
7,
The submitted 4-page landscape plan prepared by The Land Group, Inc" dated 1-
14-05 is approved as submitted, with the following notes/modifications:
. Per MCC 12-13-13-3, any tree over 4" in caliper that is removed from the
property shall be replaced by installing additional trees, being the equivalent
number of caliper inches of trees that were removed, To mitigate for the
existing trees on site, provide additional trees as shown on the landscape plan.
. PFØvide a t3 feet tall -¡ill)'! fell6e 1!f<}1:Iftd the t1fltire f!erimeter ef the flFe;Ïeet, aa
f!refJesed, Pre'lide t3 feet tall Bfld 3 feet tall wreagIH irell fell6iag as sfieYÆ,
The aDDlicant shall install vinvl Drivacv fencinl! extendinl! alonl! the north
DroDertv lines. and install either 5-foot wroul!ht. iron or 6-foot vinyl
Drivacv fence on all oilier Droiect Derimeters, All fences shall taper down to
3 feet maximum within 20 feet of all right-of-way.
. 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, as proposed,
. Depict a minimum 40-foot wide landscape buffer along Eagle Road (including
a 5-foot wide detached sidewalk), as proposed, Said landscape buffer shall be
located beyond the 48-feet shown as future street right-of-way.
. All areas being counted toward the open space requirement shall be free of
"wet ponds" or other such nuisances. All stormwater detention facilities
incorporated into the required open space are subject to Ordinance 12-13-14
and shall be fully vegetated with grass and trees, as depicted on the submitted
landscape plan,
. Alonl! Zaldia Lane. the aDDlicant shall construct a 5-foot wide landscaDe
smD. south of the 6-foot vinyl Drivacv fence. An everl!reen tree shall be
installed every 20-feet on center within the landscaDe striD.
. The aDDlicant shall construct a berm (maximum 4:1 slone) within the 20-
foot wide buffer strip alonl! Zaldia Lane. Said berm shall produce a total
8,
9,
10.
11.
vertical screen of ll-feet (6-foot privacy fence on top of a 5-foot berm),
Vertical screen heillht to be measured from the Zaldia Lane/south
property line established I!rade.
The approved landscape plan is not to be altered without prior written approval of
the Planning & Zoning Department.
Prior to signature of the final plat by the City Engineer, all structures on Lots 1, 2,
and 8, Block 1 shall be removed.
All buildable lots within the subdivision, including Lot 18, Block 2, shall be a
minimum of 12,000 square-feet.
For all street bulb-outs with landscape islands, paint the curb red and provide
signage "No parking fire lane." All roadways shall have a turning radius of 28-
feet inside and 48-feet outside.
Sanitary sewer and water service to this development shall be from extensions of
existing mains that were installed as part of the Messina Village Subdivision.
12.
Applicant will be responsible to construct the sewer and 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
form of easements, for any mains or facilities that are required to provide service,
13.
In accordance with MCC 12-13-10-8, Applicant shall provide 5-foot detached
sidewalks adjacent to Eagle Road, as proposed, Applicant shall also provide 4-
foot detached sidewalks adjacent to the internal public streets, as proposed,
14,
Maintenance of all common area lots shall be the responsibility of the
Kingsbridge Homeowners' Association.
IS,
Direct lot access to Eagle Road is prohibited, A note shall be placed on the final
plat restricting access to Eagle Road.
16,
The applicant shall reduce the number of buildable lots from 130 as shown
on the preliminary plat dated January 14. 2005. to 125 lots. by remoyinl! an
additional five lots from the southerly boundary of the development (as
shown on the revised preliminary plat dated March 2. 2005).
17.
The followinl! lots shall be restricted to a sinl!le stOry residence:
Lots 4. 5. 6. 7. 14. 15. 22. 31 and 32. Block 2
Lots 3. 4 and 5. Block 1
Lots 17 and 18. Block 18
Lots 2. 3. 4 and 5. Block 5
18.
Lots 22. 23. 24 and 25. Block 7
NOTE: The Lot and Block numbers listed above are based on the March 2.
2005. nreliminarv plat.
A note shall be nlaced on the [mal nlat(s) statim!: the hei!!:ht restriction for the
above-listed lots.
Place a note on the face of the [mal Blat statim!: that all nerimeter lots have a
minimum 25-foot rear vard setback,
GENERAL CONDITIONS (PRELIMINARY PLAT)
1. All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
3.
A letter of credit or cash surety in the amount of 110% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc" prior to
signature on the final plat.
4.
A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application.
5,
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
6.
One-hundred-watt, high-pressure sodium streetlights will be required at locations
designated by the Public Works Department. All streetlights shall be installed at
subdivider's expense. Typical locations are at street intersections and/or fire
hydrants. Final design locations and quantity are determined after power designs
are completed by Idaho Power Company. The street light contractor shall obtain
design and permit from the Public Works Department prior commencing
installations.
7,
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed, Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated,
8,
Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a IOO-year storm events, Side slopes within drainage
areas shall not exceed 3:1. Any portion of a drainage area not improved with
9.
10.
11.
12.
13,
14,
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases, The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater,
The applicant shall coordinate mailbox locations with the Meridian Post Office.
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.
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,
Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374,
Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers,
15,
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
16,
Staff's failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for
compliance,
17,
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart, International Fire Code Appendix C.
2.
3,
4.
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,
The phasing plan may require that any roadway greater than ISO-feet in length that
is not provided with an outlet shall be required to have an approved turn around,
All entrance and internal roads shall have a turning radius of 28- feet inside and 48-
feet outside radius,
5,
For all Fire Lanes (including bulb-outs with landscape islandsl"buttons"), paint the
curb red and provide signage "No Parking Fire Lane",
6.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins,
7,
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 SO homes. The two
entrances shall be separated by no less than Yz the diagonal measurement of the
project.
8,
The proposed project lies outside the five-minute response zone goal,
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support, The budget constraints are typically defined as capital outlay for
facilities that are located within 1,5 miles from a given location and sufficient
operational funds to staff the facilities,
9,
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,
10,
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),
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 903.3,1.1 or 903,3,1.2, the
distance requirement shall be 600 feet (183 m).
MERIDIAN PARKS DEPARTMENT
1. Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed,
2,
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed,
CENTRAL DISTRICT HEALTH DEPARTMENT
1. 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,
NAMPA & MERIDIAN IRRIGATION DISTRICT
1, If all storm drainage is retained on-site there will be no impact on N ampa &
Meridian Irrigation District and no further review will be required. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires that a
Land Use Change Application is filed for review prior to final platting, Please
contact Donna Moore at 466-7861 for further information.
2.
All laterals and waste ways must be protected,
3,
The developer must comply with Idaho Code 31-3805. It is recommended that
irrigation water be made available to all developments within the Nampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
1.
Site Specific Conditions of Approval
Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed, The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material, The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way,
2.
Construct a S-foot wide detached sidewalk on Eagle Road abutting the site located
a minimum of 41-feet from the centerline of the roadway,
3,
Construct a southbound left turn lane on Eagle Road at the intersection with
Kingsbridge Drive, as recommended by the Traffic Impact Study, Provide a
minimum of 100- feet of storage with shadow tapers for both the approach and
departure directions
4,
Construct a northbound right-turn lane at the sight approach intersection with
Eagle Road, as recommended by the submitted Traffic Impact Study.
5,
Construct Kingsbridge Drive as a residential collector from Eagle Road to the
easternmost property line, This roadway shall be a 36-foot street section with
vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of
right-of-way, Provide an easement to the District for any portion of the sidewalk
that is outside of the public right-of-way, Stripe Kingsbridge Drive at the
intersection with Eagle Road, to accommodate simultaneous left and right turn
movements onto Eagle Road,
Construct the internal local roadways as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter and 5-foot concrete sidewalks. If the
sidewalk meanders outside of the right-of-way, the applicant should provide the
District with an easement for the sidewalk.
6.
7,
Extend Dartmoor Drive into the site as proposed, There shall only be one street
connection to the existing Dartmoor Drive from the new subdivision, as proposed
on the revised layout (See attachment #5).
8,
Any landscape islands or medians shall be owned and maintained by the
homeowner's association, Notes of this are required on the final plat.
9.
10,
11.
12,
2.
3,
4,
Construct Kingsbridge Drive a stub street to the east property line, as proposed,
approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9.0
acre parcel. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE."
Construct Ivybridge Way as a stub street to the north property line approximately
l30-feet east of the west property line. Install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE."
Construct Stockenham Way as a stub street to the north property line
approximately 180- feet west of the east property line, Install a sign at the
terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE."
Provide an easement across the landscape lot OR public right-of-way frontage for
the existing home on Lot 14, Block 2. When the property with the existing home
re-develops (approximately 2.75-acres), it will be required to extend Kingsbridge
Drive through the site as a stub street to the east property line,
13,
Other than the access that is specifically approved with this application, direct lot
access to Eagle Road is prohibited and shall be noted on the final plat.
14,
Comply with all Standard Conditions of Approval.
1.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside of the right-of-way,
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
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.
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,
6.
7.
8,
9.
10,
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes,
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy,
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance,
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way, The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
II.
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 ofthe 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.
EXHIBIT F
Kingsbridge Subdivision
CUP-05-004
CUPIPD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT)
1. The 2-page site plan prepared by The Land Group, Inc" dated -. is
approved with the conditions listed herein. All conditions of the Preliminary Plat
application shall also be considered conditions of the Conditional Use Permit
(CUP-05-004) application.
2.
The project shall conform to the R-3 dimensional standards, modified as follows:
. Minimum lot frontage: 60-feet (non-cul-de sac); 30-feet for cul-de-sac lots
. Minimum lot size: 12,000 square-feet
. Maximum Block Length: Approximately 1,325 feet (per the Preliminary
Plat)
3,
The following amenities are required as part of the Planned Development, per the
application: 10% open space, a community park on Lot 10, Block I, that contains
a swimming pool, a BBQ area with picnic tables and a tot lot, another park (Lot 1,
Block 8) that contains a water feature, benches and a walking path, a landscaped
boulevard corridor with street trees in the 8-foot planter strips between the street
and the detached sidewalk, a walking path along the south side of the Ten Mile
Feeder, a walking path along the north boundary, smaller open space pockets, a
bridge monument, and ornamental street lights, The applicant shall be required to
obtain a Certificate of Zoning Compliance (CZC) from the City prior to
construction of any permanent structures on the proposed park lots,
4,
Construction of homes within Kingsbridge Subdivision shall substantially comply
with the four (4) elevations submitted by the applicant. Construction materials
used on the structures shall be approved by the City of Meridian Building
Department and in accordance with the most recent Uniform Building Code.
5.
The applicant shall install a sign on Lot 13, Block 1, informing construction
personnel that they must use Kingbridge Drive, not Dartmoor Drive as access to
the site, Further, the applicant shall install a sign on both sides of Kings bridge
Drive, on Lot 1, Block 2, and Lot 8, Block 1, identifYing Kingsbridge Drive as the
only entrance for construction traffic.
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart, Intemational Fire Code Appendix C.
2.
Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 y," outlet face the main street or parking lot
aisle.
b, The Fire hydrant shall not face a street which does not have addresses on
it.
c, Fire hydrant markers shall be provided per Public Works spec,
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location,
e, Fire Hydrants shall be placed on corners when spacing permits,
f, Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be placed 18" above finish grade.
3,
The phasing plan may require that any roadway greater than ISO-feet in length that
is not provided with an outlet shall be required to have an approved turn around,
4.
All entrance and internal roads shall have a turning radius of 28- feet inside and 48-
feet outside radius.
5,
For all Fire Lanes (including bulb-outs with landscape islandsl"buttons"), paint the
curb red and provide signage "No Parking Fire Lane",
6.
Operational fire hydrants and temporary or permanent street signs are required
before combustible construction begins.
7,
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 two
entrances shall be separated by no less than Y> the diagonal measurement of the
project.
8,
The proposed project lies outside the five-minute response zone goal.
Achievement of this goal is subject to budgetary constraints and is intended to
enhance the probability of a favorable outcome on a request for Basic Life
Support. The budget constraints are typically defined as capital outlay for
facilities that are located within 1.5 miles from a given location and sufficient
operational funds to staff the facilities,
9,
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,
10,
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 fue
apparatus access road, as measured by an approved route around the exterior of the
facility or building, on-site fire hydrants and mains shall be provided where required
by the code official, For buildings equipped throughout with an approved automatic
sprinkler system installed in accordance with Section 903.3,1.1 or 903.3,1.2 the
distance requirement shall be 600 feet (183),
a, For Group R-3 and Group U occupancies, the distance requirement shall be
600 feet (183 m),
b. For buildings equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903,3,1.1 or 903,3.1,2, the
distance requirement shall be 600 feet (183 m),
MERIDIAN PARKS DEPARTMENT
1, Standard for Mitigation of trees: The standard established in the City of Meridian
Landscape Ordinance will be followed.
2,
Standard Plan for Protection of Existing Trees during Construction: The standard
established in the City of Meridian Landscape Ordinance will be followed,
CENTRAL DISTRICT HEALTH DEPARTMENT
1. 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.
NAMPA & MERIDIAN IRRIGATION DISTRICT
1, If all storm drainage is retained on-site there will be no impact on N ampa &
Meridian Irrigation District and no further review will be required. If any surface
drainage leaves the site, the Nampa & Meridian Irrigation District requires that a
Land Use Change Application is filed for review prior to final platting. Please
contact Donna Moore at 466-7861 for further information,
2.
All laterals and waste ways must be protected.
3,
The developer must comply with Idaho Code 31-3805, It is recommended that
irrigation water be made available to all developments within the N ampa &
Meridian Irrigation District.
ADA COUNTY HIGHWAY DISTRICT
1.
Site Specific Conditions of Approval
Dedicate 48-feet of right-of-way from the centerline of Eagle Road abutting the
parcel by means of a warranty deed, The right-of-way purchase and sale
agreement and deed must be completed and signed by the applicant prior to
scheduling the final plat for signature by the ACHD Commission or prior to
issuance of a building permit (or other required permits), whichever occurs first.
Allow up to 30 business days to process the right-of-way dedication after receipt
of all requested material. The owner will be paid the fair market value of the
right-of-way dedicated which is an addition to existing ACHD right-of-way.
2,
Construct a S-foot wide detached sidewalk on Eagle Road abutting the site located
a minimum of 41- feet from the centerline of the roadway,
3,
Construct a southbound left turn lane on Eagle Road at the intersection with
Kingsbridge Drive, as recommended by the Traffic Impact Study. Provide a
minimum of 100- feet of storage with shadow tapers for both the approach and
departure directions
4,
Construct a northbound right-turn lane at the sight approach intersection with
Eagle Road, as recommended by the submitted Traffic Impact Study.
5.
Construct Kingsbridge Drive as a residential collector from Eagle Road to the
easternmost property line, This roadway shall be a 36-foot street section with
vertical curb, gutter, and 5-foot concrete sidewalks within 50-feet (minimum) of
right-of-way. Provide an easement to the District for any portion of the sidewalk
that is outside of the public right-of-way, Stripe Kingsbridge Drive at the
intersection with Eagle Road, to accommodate simultaneous left and right turn
movements onto Eagle Road,
Construct the internal local roadways as 36-foot street sections within 50-feet of
right-of-way with rolled curb, gutter and S-foot concrete sidewalks, If the
sidewalk meanders outside of the right-of-way, the applicant should provide the
District with an easement for the sidewalk.
6,
7,
Extend Dartmoor Drive into the site as proposed. There shall only be one street
connection to the existing Dartmoor Drive from the new subdivision, as proposed
on the revised layout (See attachment #5).
8.
Any landscape islands or medians shall be owned and maintained by the
homeowner's association, Notes of this are required on the final plat.
9.
10,
11.
12.
Construct Kingsbridge Drive a stub street to the east property line, as proposed,
approximately 440-feet north of the Ten Mile Lateral, to serve the adjacent 9,0
acre parcel. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE,"
Construct Ivybridge Way as a stub street to the north property line approximately
130-feet east of the west property line. Install a sign at the terminus of the stub
street stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE,"
Construct Stockenham Way as a stub street to the north property line
approximately 180-feet west of the east property line, Install a sign at the
terminus of the stub street stating that, "THIS ROAD WILL BE EXTENDED IN
THE FUTURE,"
Provide an easement across the landscape lot OR public right-of-way frontage for
the existing home on Lot 14, Block 2, When the property with the existing home
re-develops (approximately 2.7S-acres), it will be required to extend Kingsbridge
Drive through the site as a stub street to the east property line,
13,
Other than the access that is specifically approved with this application, direct lot
access to Eagle Road is prohibited and shall be noted on the final plat.
14,
Comply with all Standard Conditions of Approval.
1.
Standard Conditions of Approval
Any existing irrigation facilities shall be relocated outside ofthe 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 procedures and all applicable ACHD Ordinances unless
specifically waived herein, An engineer registered in the State ofIdaho shall
prepare and certify all improvement plans.
6.
7.
8,
9.
10,
11.
The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes,
Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy,
Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance,
It is the responsibility of the applicant to verify all existing utilities within the
right-of-way, The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction,
No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confmnation of
any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the
subject of this application, shall require the applicant to comply with all rules,
regulations, ordinances, plans, or other regulatory and legal 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.
EXHIBIT G
Kingsbridge Subdivision
AZ-05-003
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 of the facts and
circumstances:
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;
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per
acre; 'low density' consist of single-family homes at densities of three dwelling
units or less per acre, City Council finds that the requested zoning designation, R-
3, is harmonious with and in accordance with the 2002 Comprehensive Plan and
Future Land Use Map, which designates the land to be "Low Density Residential"
north of the Ten Mile Feeder, and "Medium Density Residential" adjacent to
Eagle Road. The 1,69 dwelling units per acre proposed with the preliminary plat
is consistent with previous Commission and Council actions and generally
conforms to the goals, objectives, and action items contained in the
Comprehensive Plan for this area, In addition, in the applicant's cover letter
(dated January 14, 2005) several Comprehensive Plan policies are listed, all of
which support the annexation and proposed residential use of the property,
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Concurrent with the annexation and zoning application, the applicant has
submitted a preliminary plat and conditional use permit proposing single-family
lots on the subject site (PP-OS-O04 & CUP-OS-004). City Council does not
anticipate that the applicant plans to rezone the subject property in the future if the
accompanying CUPIPD and PP applications are 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 development would be allowed within the
requested R-3 zone, (if the accompanying Conditional Use Permit for a Planned
Development is also approved),
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;
There have been no recent street improvements in the area. However, the
intersection of Eagle Road and Victory Road is within ACHD's Five Year Work
Program for reconstruction in 2007. Eagle Road is currently in the ACHD ClP
(20-year plan) for road widening to 3-lanes,
If the Commission and Council approve the requested annexation application, this
will be the first property in Section 28, Township 3 North, Range 1 East to be
annexed into the corporate limits of the City of Meridian. The subject property is
currently surrounded by one to five-acre parcels-rural-type density. However,
just across Eagle Road from the subject site Tuscany Lakes Subdivision was
approved for development at 2.4 gross dwelling units per acre (sewer and water
service lines were brought down Eagle Road, directly adjacent to the northwest
corner of the subject property), The proposed zoning and subsequent residential
density, 1.69 dwelling units per acre, is lower than Tuscany Lakes but
considerably denser than the surrounding county parcels,
City Council finds that the requested zoning and proposed density is within the
anticipated range for a lower density urban project. Further, based on the
Comprehensive Plan, City Council believes that some of the existing large county
parcels in the area will redevelop with similar densities in the near future.
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 applicant has submitted four (4) front elevations for the proposed dwelling
units, City Council believes that the design of the dwelling units will be
compatible with the adjoining uses, if the buildings are constructed as shown on
the submitted elevations. Even though the proposed and existing uses are the
same, residential, City Council finds that the proposed density of the residential
use will change the existing character of the area, which is largely rural. However,
the proposed development is generally harmonious with the intended character
envisioned by the Comprehensive Plan and previous Commission and Council
action on this site, City Council does not find that the proposed zoning/uses will
adversely change the essential character of area,
F.
City staff has received several calls, e-mails and letters from adjacent property
owners concerned about the subject development, the Commission and Council
have consider the adjacent property owners concerns and appropriate measures to
address their concerns.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The Commission and Council should rely on public testimony (oral and written)
to determine whether or not the proposed use will be disturbing or hazardous to
the existing or future neighboring uses. City Council does not anticipate that the
proposed use will be disturbing to future or existing neighbors, as long as
landscaping, fencing and other recommended conditions are exercised, Further,
City Council does not anticipate that the proposed residential use will be
hazardous as long as the conditions outlined in this report are complied with and
construction traffic and house construction is conducted in a manner consistent
with City Code and the conditions ofthis report,
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 ofsuch services;
The applicant will be responsible for the extension of utilities to and through this
proposed development. Sizing and routing shall be coordinated with the Public
Works Department.
The applicant and/or future property owners will be required to pay park and
highway impact fees.
On October 6, 2004, ACHD approved the previous Kingsbridge development
with site-specific and standard conditions. The applicant should comply with all
amended requirements of the ACHD for the revised application, Please review the
ACHD report for additional information regarding this finding.
On February II, 2005, a joint agency/department comments meeting was held
with representatives of key service providers to this property, Based on the joint
agency/department meeting and other comments received from
agencies/departments, City Council finds that the public services listed above can
be made available to accommodate the proposed development. The Commission
and Council reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
NOTE: Sanitary Services Company will not use Zaldia Lane (private) to pick up
H,
I.
J.
trash for the proposed Lot 14, Block 2. Therefore, trash cans for Lot 14, Block 2,
should be pulled to the curb of Kingsbridge Drive,
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 finance the extension of sewer, water, utilities,
pressurized irrigation, and local street infrastructure to serve the project. The
primary public costs to serve the future residents will be fire and police services.
City Council finds that there will not be excessive additional requirements at
public cost and that the annexation and zoning will not be detrimental to the
community's economic welfare.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
According to the amended Traffic Impact Study (TIS) prepared by Dobie
Engineering, Inc., the proposed project is anticipated to generate 1,235 vehicle
trips per day. Of that traffic, 300 additional vehicle trips per day are anticipated on
the existing Dartmoor Drive in Dartmoor Subdivision, The previous TIS
anticipated 800 additional vehicle trips per day on Dartmoor Drive. Based on the
revised plat and TIS, substantially fewer vehicles will use Dartmoor Drive as
access to/from the proposed development, City Council recognizes 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 noise, smoke, fumes, glare, traffic (see
Finding "J" below), or odors. To lessen the impact of this development on the
existing residences in Dartmoor Subdivision, City Council recommends that
construction traffic be prohibited from utilizing Dartmoor Drive or the ditch
rider's access road to the Ten Mile Feeder. City Council finds that the proposed
residential zoning/uses will not be detrimental to people, property or the general
welfare of the area.
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 new public street entrance into the site
from Eagle Road (Kingsbridge Drive), The applicant is also proposing to extend a
stub street (Dartmoor Drive) into the site that was approved with the Dartmoor
Subdivision, Dartmoor Drive currently has 32-feet of pavement and no curb,
gutter, or sidewalk. Dartmoor Drive is currently not striped for non-vehicular
K.
traffic, As mentioned in the above finding, the extension of Dartmoor Drive will
cause traffic volumes on the existing portion of the street to increase, However, if
the extension of Dartmoor Drive is constructed as approved by ACHD, City
Council does not believe that the subdivision will create interference with traffic
on the existing public street. If all proposed vehicular approaches (streets) are
approved and accepted by ACHD, City Council does not believe that the
subdivision will create interference with traffic on the surrounding public streets.
Please review the ACHD report for this project for additional information
regarding this finding,
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
There are several mature trees on this property. Any existing trees larger than 4"
caliper that are removed should be mitigated for, per the Landscape Ordinance. If
the on-site trees are protected and mitigated for, as required by the Meridian Parks
Department, City Council finds that the proposed development will not result in
the destruction, loss or damage of any natural feature(s) of major importance,
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
The legal description submitted with the application, prepared by FOX Land
Surveys, Inc" shows that the property is contiguous to the existing corporate
boundary of the City of Meridian, City Council fmds that all essential services are
available or will be provided by the developer to the subject property and will not
require unreasonable expenditure of public funds. The applicant is proposing to
develop the land in substantial compliance with the City's Comprehensive Plan,
City Council finds that this is a logical expansion of the City limits. In accordance
with the findings listed above, Citv Council fmds that the annexation/zoning of
this propertv would be in the best interest of the Citv,
EXHIBIT H
Kingsbridge Subdivision
PP-05-004
Preliminary Plat Findings
Sections 12-3-3 J,2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
A.
The conformance of the subdivision with the Comprehensive Development
Plan;
City Council finds that the subdivision appears to be in general conformance with
the Comprehensive Plan, See Zoning Amendment Finding "A".
B.
The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
proposed development. See Zoning Amendment Findings "G" and "H" for more
details.
C.
The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds,
D,
The public [mancial capability of supporting services for the proposed
development;
See Zoning Amendment Finding "H" and the Agency Comments and Conditions
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. ACHD considers road safety
issues in their analysis,
EXHIBIT H
Kingsbridge Subdivision
PP-05-004
Preliminary Plat Findings
Sections 12-3-3 J ,2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
A,
The conformance of the subdivision with the Comprehensive Development
Plan;
City Council finds that the subdivision appears to be in general conformance with
the Comprehensive Plan, See Zoning Amendment Finding "A".
B,
The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
proposed development. See Zoning Amendment Findings "0" and "H" for more
details.
C.
The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
D.
The public fmancial capability of supporting services for the proposed
development;
See Zoning Amendment Finding "H" and the Agency Comments and Conditions
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. ACHD considers road safety
issues in their analysis,
EXHIBIT H
Kingsbridge Subdivision
PP-05-004
Preliminary Plat Findings
Sections 12-3-3 J,2 and 12-3-5 D read as follows: "In determining the acceptance of a
proposed subdivision, the Commission/Council shall consider the objectives of this title
and at least the following:
A.
The conformance of the subdivision with the Comprehensive Development
Plan;
City Council finds that the subdivision appears to be in general conformance with
the Comprehensive Plan, See Zoning Amendment Finding "A".
B,
The availability of public services to accommodate the proposed
development;
City Council finds that public services can be made available to accommodate the
proposed development. See Zoning Amendment Findings "G" and "H" for more
details,
C.
The continuity of the proposed development with the capital improvement
program;
Because the developer is installing sewer, water, and utilities for the development
at their cost, City Council finds that the subdivision will not require the
expenditure of capital improvement funds.
D.
The public t"mancial capability of supporting services for the proposed
development;
See Zoning Amendment Finding "H" and the Agency Comments and Conditions
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. ACHD considers road safety
issues in their analysis,
EXHIBIT I
Kingsbridge Subdivision
CUP-05-004
CUP/PD Findings
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 ifthey shall fmd evidence presented at the hearing(s) is
adequate to establish (11-17-3):
A.
B.
That the site is large enough to accommodate the proposed use and all yards,
open spaces, parking, landscaping and oilier features as may be required by
this ordinance;
As part of the Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement of the R-3 zone, and the maximum block
length required by Meridian City Code, See Special Consideration #1 for detailed
analysis,
City Council finds that the subject property is large enough to accommodate the
requested use and all other required features, Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked,
through the Planned Development, to modifY the specific development standards
listed above (frontage and block length). All residential lots are of adequate size
and shape to accommodate homes that would comply with the proposed bulk and
dimensional standards.
That the proposed use and development plan will be harmonious willi the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
The current Comprehensive Plan Land Use Map designates the property as
Medium and Low Density Residential. As noted in the annexation analysis, City
Council finds that the development appears to be in general conformance with the
Comprehensive Plan, See Zoning Amendment Finding "A",
c.
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and willi the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character oftbe same area;
See Zoning Amendment Finding "E",
D.
That the proposed use, if it complies with all conditions of the approval
imposed, will not adversely affect other property in the vicinity;
E,
F,
H,
I.
City Council finds that if all conditions are complied with, this development
should not adversely affect other property in the vicinity, See Findings "F", "H",
"I", and "]" in the Zoning Amendment analysis,
That the proposed use will be served adequately by essential public facilities
and services such as highways, street, police, and fire protection, drainage
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;
Please see Zoning Amendment Findings "G" and "H" Agency Comments and
Conditions, and any comments that may be submitted to the City Clerk regarding
this project.
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 ofthe community;
See Zoning Amendment Finding "H",
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;
See Zoning Amendment Finding "I",
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;
See Zoning Amendment Finding "J",
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,
See Zoning Amendment Finding "K",
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 76.72 Acres from RUT (Ada
County) to R-3 (Rural Medium Density Residential) AND Preliminary Plat Approval of
One-Hundred-Thirty (130) Building Lots and Thirty-Four (34) Common Lots AND
Conditional Use Permit Approval for a Residential Planned Development Consisting of
Single-Family Homes with Reduced Street Frontage and Increased Maximum Block
Length, by Vision First, LLC.
Case No(s): AZ-05-003, PP-05-004, CUP-OS-004
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')
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. April 12, 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.
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
written recommendation on the subject matter to the City Council.
b.
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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-003 / PP-O5-004 I CUP-O5-0M- PAGE I of 5
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 of these
findings are Kingsbridge Properties, LLC, David L. and Kathleen S. Palfreyman,
David A, and Janie Teeter, and Joe-D Acres, Inc,
4, Required Findings per Zoning and Subdivision Ordinance
a, See Exhibits G, H, and I 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 (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 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 March 2, 2005 as shown in Exhibit B, the Site Plan dated January 14, 2005 as
shown in Exhibit C, the Annexation and Zoning Comments as shown in Exhibit D, the
Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit E, and the
CUPIPD Site Specific and Standard Conditions as shown in Exhibit F. The conditions
are concluded to be reasonable and the applicant shall meet such requirements as a
condition of approval ofthe application.
C, Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-003/ PP-O5-004 / CUP-O5-004- PAGE 2 of5
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 March 2, 2005 is hereby conditionally approved;
2, The applicant's Site Plan as evidenced by having submitted the Site Plan dated
January 14, 2005 is hereby conditionally approved; and,
3, The Site Specific and Standard Conditions are as shown in Exhibits E and F.
D. Notice of Applicable Time Limits
I. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of permanent footings or
structures on or in the ground, In this context "structures" shall include sewer and
water lines, streets or building construction, The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void, However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period, For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4,8.)
2,
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 ofthe final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction ofthe 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-003 I PP-O5-004 / CUP-O5-004- PAGE 3 of 5
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 A: Legal Description
Exhibit B: Approved Preliminary Plat (with conditions)
Exhibit C: Approved Site Plan (with conditions)
Exhibit D: Annexation and Zoning Comments
Exhibit E:
Exhibit F:
Preliminary Plat Site Specific and Standard Conditions
CUP/PD Site Specific and Standard Conditions
Exhibit G: Zoning Amendment Findings
Exhibit H: Preliminary Plat Findings
Exhibit I:
CUPIPD Findings
By action of the City Council at its regular meeting held on the
,2005,
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED-
COUNCIL MEMBER CHRISTINE DONNELL
VOTED-
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED-
COUNCIL MEMBER KEITH BIRD
VOTED-
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED-
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-OO3 i PP-OS-OO4 i CUP-OS-oO4- PAGE 4 of S
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
CASENO(S).AZ-O5-003! PP-O5-004! CUP-O5-004-PAGE50f5