Zebulon Heights Sub CUP
llE C E lVE D
AP¡~ 1 4 2005
City Of Meridian
City Clerk Office
STAFF SUMMARY
OF
PLANNING AND ZONING COMMISSION
RECOMMENDATION TO CITY COUNCIL
Transmittal Date:
April 14, 2005
Project Name:
Zebulon Heights Subdivision No.2
Case No(s): AZ-05-006/PP-05-008/CUP-05-019
Applicant:
Traditions by Amyx II, LLP
P&Z Commission Hearing Date(s):
March 17,2005
Recommendation:
Approve with conditions
A. Summary of Public Hearing:
1. In favor: Becky McKay (Applicant's representative)
2. In opposition: Ty Ketlinski (Representing his father & mother)
3. Commenting: Dave Bivens
4. Staff presenting application: Craig Hood
5. Other staff commenting: Anna Canning
B. Key Issues of Discussion by Commission:
I. Eagle Road traffic, safety and status of corridor study;
2. Irrigation ditches and water flows (topography); and,
3. Single-story restrictions or increased building setbacks for perimeter lots.
C. Key Commission Changes to Staff Recommendation:
None. There were several minor changes to staffs original recommendation (see
stTikeilireagh and bold type in Exhibits D, E and F for changes).
D. Outstanding Issue(s) for City Council:
None.
E. PreliminarylFinal Plat
I. Date of Preliminary Plat: 11-23-04
2. Date of Site Plan: 11-23-04
3. Date of Landscape Plan: 1-19-05
F. Recommended Conditions of Approval (by Commission, if applicable)
See attached Exhibits D, E and F
EXHffiIT A'
Zebulon Heights Subdivision No, 2
AZ-O5-006
Legal Description (3 pages)
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EXHffiIT B
Zebulon Heights Subdivision No.2
PP-O5-008
~pproved Preliminary Plat,
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EXHffiIT C
Zebulon Heights Subdivision No.2
CUP-O5-019
Approved Site Plan
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EXHffiIT D
Zebulon Heights Subdivision No, 2
AZ-O5-006
Annexation and Zoning Comments
ANEXATION & ZONING COMMENTS
1. The legal description submitted with the application (dated 12-9-04, amended 1-25-
OS, stamped by D. Terry Peugh) shows the property as contiguous to the existing
corporate boundary ofthe City of Meridian and is approved.
2. Any future subdivision, uses and construction on this property shall comply with the
City of Meridian ordinances in effect at the tinJe,
3. A Development Agreement (DA) will be required as part of an 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 Citv Attornev.
Bill Nary. at 888-4433 to initiate this process. The DA shall incorporate the
following:
. That the applicant agrees to construct a continuous multi-use pathway from the
west property line throughout the site to the south property line. Further, the
applicant agrees to provide the City with all easements and legal descriptions for
the any portions of the multi-use pathway that are eæTefttly off-site (under ACHD
ownership and church ownership), prior to final plat signature.
. That the applicant will be responsible for all costs associated with the sewer and
water service extension, 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 be used for non-domestic purposes such as landscape
irrigation.
. That all future development of the subject property shall be constructed in
accordance with City of Meridian ordinances in effect at the time of development.
All future uses shall 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.
5.
EXHIBIT E
Zebulon Heights Subdivision No,2
PP-O5-008
Preliminary Plat Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (PRELIMINARY PLAT)
1. The preliminary plat prepared by Engineering Solutions, LLP, dated 11-23-04, is
approved, with the conditions listed herein, All conditions of the accompanying
Annexation/Zoning (AZ-05-006) and Conditional Use Permit (CUP-05-006)
application shall also be considered conditions of the Preliminary Plat (PP-05-
008).
2.
In addition to the street system proposed, construct a public stub street to the 5-
acre Wagnild parcel (Parcel No. S0532427810) to the south.
3.
The submitted 2-page landscape plan prepared by Harvest Design, Inc., dated 1-
19-05 is approved as submitted, with the following modifications:
. Ia aeeeæ!!llee '¡lith MCC 12 13 10 ('í If allowed by ACHD, install one tree for
every 35-feet of frontage on the McMillan Road right-of-way, Coordinate the
license/maintenance agreement with ACHD for any landscaping within the right-
of-way.
. In addition to sidewalk, construct a minimum 10-foot wide gravel shoulder along
McMillan Road and landscape the remaining portion of the right-of-way with
lawn or other ACHD approved groundcover, Coordinate the license/maintenance
agreement with ACHD for any landscaping within the right-of-way.
. The applicant shall work with the City Arborist, Elroy Huff, on designing,
adopting, and implementing a protection/mitigation plan for the existing trees on
site.
. 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.
4,
Except for the North Slough (aka Settlers Canal), all irrigation ditches, laterals or
canals, exclusive of natural waterways, intersecting, crossing or lying adjacent
and contiguous to the area being subdivided shall be tiled per City Ordinance 12-
4-13, Plans will need to be approved by the appropriate irrigation/drainage
district, or lateral users association (ditch owners), with written approval or non-
approval submitted to the Public Works Department. If lateral users association
approval can't be obtained, plans will be reviewed and approved by the Meridian
City Engineer prior to final plat signature.
The applicant has not indicated who will own and operate the pressurized
irrigation system within this development. Underground year-round pressurized
irrigation must be provided to all lots within this development. The City of
Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water. 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.
6.
Prior to signature of the final plat by the City Engineer, all structures on this site
shall be removed,
7.
Place a note on the face of the final plat stating that all future ITont garage
setbacks shall be 20-feet as measured fium the property line or the back of
sidewalk, whichever is more restrictive.
8,
All portions of buildings located on all lots within the development should be
within ISO-feet of a paved surface (as measured around the perimeter of the
building). 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 51st
building permit, a secondary emergency access approved by the Meridian Fire
Department shall be provided,
9,
A detailed fencing plan shall be submitted upon application of the final plat. If
permanent fencing is not provided, temporary construction fencing to contain
debris must be installed around the perimeter prior to issuance of building
permits. All fences shall taper down to 3-feet maximum within 20 feet of all right-
of-way, All fencing shall be installed in accordance with MCC 12-4-10. Fencing
adjacent to any section of the multi-use pathway shall be installed in accordance
with MCC 12-13-15-9.
10.
Maintenance of all common areas shall be the responsibility of the Zebulon
Heights No.2 Homeowners' Association.
11.
Permanent sanitary sewer service to this development is to be provided by the
undeveloped North Slough Trunk, Temporarily sewer service will be provided by
the Lift Station serving Vienna Woods Subdivision. At this time sewer does not
exist at the location the applicant has shown on the preliminary plat. 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. Applicant shall execute City of Meridian standard forms of
4.
5.
6.
7,
easements, for any mains that are required to provide service. If this application is
approved, it shall be subject to availability of the sanitary sewer. The applicant
shall also be responsible for any upgrades to the lift station that may be necessary
to increase the capacity to handle this development.
12.
Water service shall be from extensions of the existing main in E. McMillan Road,
and the future phase of Settlement Bridge, 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 forms of easements, for any mains that
are required to provide service.
13,
Direct lot access to McMillan Road is prohibited, A note shall be placed on the
final plat restricting access to McMillan Road,
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 fmal plat.
A detailed landscape and fencing plan, in compliance with the landscape and
subdivision ordinance and as noted in this report, shall be submitted for the
subdivision with the final plat application.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
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 from the Public Works
Department prior commencing installations.
Any tree over 4" in caliper that is removed from the property shall be replaced by
installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as
replacement trees for those trees that have to be mitigated.
15.
16,
17,
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 lOa-year storm events, Side slopes within drainage
areas shall not exceed 3:1. Any portion of a drainage area not improved with
sod/grass seed (or other approved landscaping) shall not count towards the
required open space area. The project engineer should pay close attention to the
results of field studies determining the groundwater, soil type & and
characteristics during the design and construction phases, The engineer shall be
required to certify that the street centerline elevations are set a minimum of 3-feet
above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
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 ITOm their domestic service per City Ordinance Section 9-1-4 and
9-4-8, Wells may be used for non-domestic pwposes 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 materia1.
12.
Applicant's engineer will be required to submit a signed, stanJped statement
certifYing that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation.
13.
The applicant shall be required to pay Public Works development plan review,
and construction inspection fees, as determined during the plan review process,
prior to signature on the final plat per Resolution 02-374.
14.
Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency,
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 AGENCY/DEPARTMENT COMMENTS & 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, 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.
3. Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c, Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on 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, 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.
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 should be separated by no less than Y2 the diagonal measurement of the
project.
8. The proposed 175-lot subdivision with an estimated 2.9 residents per household
would have a total estimated population of 508 residents at build out.
9. 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.
10. 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.
11. No parking signs and painted curbs will be required for all Fire Lanes.
MERIDIAN PARKS DEPARTMENT
I, 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.
ADA COUNTY HIGHWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
I. Enter into a cooperative development agreement for the allocation of costs for the
sidewalk on McMillan Road abutting the ACHD storm drainage ponds
(approximately 665-feet.)
2. Construct the main entrance, Callas Creeks A venue, to intersect McMillan Road
in alignment with the main entrance into Austin Creek Located on the north side
of McMillan Road.
3. Construct East Wainwright Drive (from the east property line to Lot 20 Block 10)
as a residential collector with no access or front-on housing, Construct this
segment of Wainwright Drive as a 30-foot street section with vertical curb, gutter
and 5-foot concrete sidewalks within 50feet of right-of-way, as proposed.
4. Construct the remainder of the local streets as 36-foot street sections with rolled
curb, gutter and sidewalk within 50-feet or right-of-way, as proposed,
5, Extend Wainwright Drive into the site from the east property line adjacent to the
north property line, as proposed.
6. Construct a stub street to the south property line approximately 460-feet east of
the west property line, as proposed, Install a sign at the terminus of the roadway
stating, "This roadway will be extended in the future."
7. Extend a previously approved stub street fi-om the west property line
approximately 875-feet south of McMillan Road, as proposed.
8, Extend Rochester Drive from the east property line approximately 138-feet south
of the north property line, as proposed.
9, Construct a stub street to the east property line approximately 370-feet north of
Wainwright Drive, as proposed. Install a sign at the terminus of the roadway
stating, "This roadway will be extended in the future."
10, Provide access to the located to the east of this site just north of Wainwright
Drive, by constructing Wainwright Drive as a "quasi-stub street" that runs along
the north property line of this site, as proposed, Construct Wainwright Drive as a
full 36-foot street section and place the right-of-way line abutting 7.260,1.19,
5.0-acre sties to provide them with future access to the public transportation
system, as proposed,
II. Construct six (6) cul-de-sac turnarounds without center islands within the
subdivision, as proposed. Construct the turnarounds to provide a minimum
turning radius of 45-feet.
12, Construct an eastbound right turn lane on McMillan Road at the McMillan Road
and Camas Creek Way intersection, as recommend by the submitted traffic impact
study. Coordinate the design of the tum lane with District staff.
13. Construct a westbound left turn lane on McMillan Road at the McMillan Road
and Camas Creek Way intersection, as recommended by the submitted traffic
impact study, Coordinate the design of the turn lane with District staff.
14. If the applicant chooses to landscape the storm drainage ponds, the applicant shall
obtain a license agreement and have the landscape and sprinkler plan reviewed
and approved by the ACHD Drainage Division,
15. Comply with all Standard Conditions of Approval,
STANDARD CONDITIONS OF ApPROVAL
I. Any existing irrigation facilities shall be relocated outside of the right-of-way,
2, All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3, Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4, Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5. All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services 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, The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes.
7, Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy,
8, Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance,
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions ofthis 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.
MERIDIAN POLICE DEPARTMENT
I. Portions of the proposed development do not offer natural surveillance
opportunities of the public areas. The applicant should meet with the Police Chief
to discuss features that increase visibility of the multi-use pathway where natural
surveillance is not ideal, The site plan and/or landscaping plan shall be revised in
accord with those discussions.
2. Any interior fencing shall allow visibility from the street or shall not exceed four
feet in height if solid fencing is used adjacent to a pathway.
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.
SETTLERS IRRIGATION DISTRICT
I, All irrigation/drainage facilities along with their easements must be protected and
continue to function, The facility involved is the North Slough (Settlers) Canal
(60' easement), Little Lateral (20' easement), and the Parkins Nourse lateral (30'
easement).
2, A Land Use Change Application must be on file prior to any approvals.
3. A license agreement MUST be signed and recorded prior to construction of any
S,I.D, facilities.
4. Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6, The development must supply irrigation access to all lots within the above-
mentioned subdivision, If the developer wishes to have Settlers Irrigation District
own, operate, and maintain the pressure irrigation system an agreement needs to
be in place prior to the pre-construction meeting,
EXHffiIT F
Zebulon Heights Subdivision No.2
CUP-O5-0I9
CUPIPD Site Specific and Standard Conditions
SITE SPECIFIC CONDITIONS (CONDITIONAL USE PERMIT/pm
1. The PD site plan prepared by Engineering Solutions, LLP, dated 11-23-04, is
approved, with the conditions listed herein, The applicant shall meet all of the
requirements of the Annexation/Zoning (AZ-05-006) and Preliminary Plat (PP-
05-08) as a condition of the Conditional Use Permit (CUP-05-006).
2.
The project shall conform to the R-4 dimensional standards, except as follows:
. Minimum frontage: 50-feet (non cul-de-sac lots).
. Block 7 is allowed to exceed the I,OOO-foot block length.
No other variances, exceptions or reductions to the City adopted dimensional
standards or uses are approved with this CUP application,
3.
The following amenities are required as part of the Planned Development, per
the application: playground equipment on Lot 1, Block 6; a swinuning pool with
restroom/locker/changing areas and playground equipment on Lot 5, Block 8; a
multi-use pathway throughout the development; and, g Five (5) percent of the
site set aside for open space (exclusive of the channel for the North Slough).
Said multi-use pathway shall be construct a minimum of lO-feet wide. Prior to
signature of the fmal plat, a permanent pedestrian easement, in favor of the City
of Meridian, shall be recorded for the multi-use pathway. The easement(s) shall
be sufficient width to cover the lO-wide pathway, Additionally, a note shall be
added to the face of the final plat(s) indicating the City of Meridian is
responsible for the maintenance of the pathway surface located within the
easement. 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,
The applicant shall work with Meridian Planning & Zoning staff and ACHD staff
on striping, signage, or other means to create an efficient multi-use pathway
crossing of the public streets. The applicant shall install signs or other means to
inform the traveling public (striping crosswalks, etc.) of pathway/street
intersections (where deemed appropriate by ACHD staff and City staff).
5.
Construction within Zebulon Heights Subdivision No.2 shall substantially
comply with the seventeen (17) 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 Building
Code,
OTHER AGENCYillEPARTMENT COMMENTS & CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C
2, Acceptance of the water supply for fire protection will be by the Meridian Fire
Department and water quality by the Meridian Water Department for bacteria
testing.
3, Final Approval of the fire hydrant locations shall be by the Meridian Fire
Department.
a, Fire Hydrants shall have the 4 y," outlet face the main street or parking lot
aisle,
b, The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side ofthe 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. 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.
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 should be separated by no less than Y:. the diagonal measurement of the
project.
8. The proposed 175-lot subdivision with an estimated 2,9 residents per household
would have a total estimated population of 508 residents at bnild out.
9, 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 ITOm a given location and sufficient
operational funds to staff the facilities,
10. 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.
II. No parking signs and painted curbs will be required for all Fire Lanes.
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 nom 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.
ADA COUNTYHIGBWAY DISTRICT
SITE SPECIFIC CONDITIONS OF ApPROVAL
I. Enter into a cooperative development agreement for the allocation of costs for the
sidewalk on McMillan Road abutting the ACHD storm drainage ponds
(approximately 665-feet.)
2. Construct the main entrance, Callas Creeks Avenue, to intersect McMillan Road
in alignment with the main entrance into Austin Creek Located on the north side
of McMillan Road.
3. Construct East Wainwright Drive (nom the east property line to Lot 20 Block 10)
as a residential collector with no access or nont-on housing. Construct this
segment of Wainwright Drive as a 30-foot street section with vertical curb, gutter
and 5-foot concrete sidewalks within 50feet of right-of-way, as proposed.
4. Construct the remainder of the local streets as 36-foot street sections with rolled
curb, gutter and sidewalk within 50-feet or right-of-way, as proposed.
5. Extend Wainwright Drive into the site nom the east property line adjacent to the
north property line, as proposed,
6. Construct a stub street to the south property line approximately 460-feet east of
the west property line, as proposed. Install a sign at the terminus of the roadway
stating, "This roadway will be extended in the future."
7, Extend a previously approved stub street from the west property line
approximately 875-feet south of McMillan Road, as proposed,
8. Extend Rochester Drive from the east property line approximately 138-feet south
of the north property line, as proposed.
9. Construct a stub street to the east property line approximately 370-feet north of
Wainwright Drive, as proposed. Install a sign at the terminus of the roadway
stating, "This roadway will be extended in the future,"
10. Provide access to the located to the east of this site just north of Wainwright
Drive, by constructing Wainwright Drive as a "quasi-stub street" that runs along
the north property line of this site, as proposed, Construct Wainwright Drive as a
full 36-foot street section and place the right-of-way line abutting 7.260, 1.19,
5,O-acre sties to provide them with future access to the public transportation
system, as proposed.
11. Construct six (6) cul-de-sac turnarounds without center islands within the
subdivision, as proposed, Construct the turnarounds to provide a mininlUm
turning radius of 45-feet.
12, Construct an eastbound right turn lane on McMillan Road at the McMillan Road
and Camas Creek Way intersection, as recommend by the submitted traffic impact
study. Coordinate the design of the turn lane with District staff.
13. Construct a westbound left turn lane on McMillan Road at the McMillan Road
and Camas Creek Way intersection, as recommended by the submitted traffic
impact study. Coordinate the design of the turn lane with District staff.
14, If the applicant chooses to landscape the stonn drainage ponds, the applicant shall
obtain a license agreement and have the landscape and sprinkler plan reviewed
and approved by the ACHD Drainage Division.
15. Comply with all Standard Conditions of Approval.
STANDARD CONDITIONS OF ApPROVAL
1. 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 of Idaho shall
prepare and certify all improvement plans.
6, The applicant shall submit revised plans for staff approval, prior to issuance of
building permit (or other required permits), which incorporates any required
design changes,
7, Construction, use and property development shall be in conformance with all
applicable requirements of the Ada County Highway District prior to District
approval for occupancy.
8, Payment of applicable road impact fees are required prior to building construction
in accordance with Ordinance #200, also known as Ada County Highway District
Road Impact Fee Ordinance,
9. It is the responsibility of the applicant to verify all existing utilities within the
right-of-way. The applicant at no cost to ACHD shall repair existing utilities
damaged by the applicant. The applicant shall be required to call DIGLINE (1-
800-342-1585) at least two full business days prior to breaking ground within
ACHD right-of-way, The applicant shall contact ACHD Traffic Operations 387-
6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction,
10, No change in the terms and conditions of this approval shall be valid unless they
are in writing and signed by the applicant or the applicant's authorized
representative and an authorized representative of the Ada County Highway
District. The burden shall be upon the applicant to obtain written confirmation of
any change from the Ada County Highway District.
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 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.
MERIDIAN POLICE DEPARTMENT
I. Portions of the proposed development do not offer natural surveillance
opportunities of the public areas. The applicant should meet with the Police Chief
to discuss features that increase visibility of the multi-use pathway where natural
surveillance is not ideal. The site plan and/or landscaping plan shall be revised in
accord with those discussions,
2. Any interior fencing shall allow visibility from the street or shall not exceed four
feet in height if solid fencing is used adjacent to a pathway.
CENTRAL DISTRICT HEALTH DEPARTMENT
I, This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted,
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of
Environmental Quality,
3. Run-off is not to create a mosquito breeding problem,
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality,
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
SETTLERS IRRIGATION DISTRICT
I, All irrigation/drainage facilities along with their easements must be protected and
continue to function. The facility involved is the North Slough (Settlers) Canal
(60' easement), Little Lateral (20' easement), and the Parkins Nourse lateral (30'
easement).
2. A Land Use Change Application must be on file prior to any approvals,
3, A license agreement MUST be signed and recorded prior to construction of any
S.I.D. facilities.
4, Any changes to the existing irrigation system such as relocation, tiling, and
landscaping must be approved by Settlers Irrigation District.
5. All storm drainage must be retained on-site.
6. The development must supply irrigation access to all lots within the above-
mentioned subdivision. If the developer wishes to have Settlers Irrigation District
own, operate, and maintain the pressure irrigation system an agreement needs to
be in place prior to the pre-construction meeting.
EXHIBIT G
Zebulon Heights Subdivision No.2
AZ-O5-006
Zoning Amendment 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 City Council:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
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, The applicant is requesting that all the subject site be zoned R-4 (Low
Density Residential). The R-4 district allows for a maximum of four (4) dwelling
units per acre (MCCl1-7-2.C). Although the requested zoning designation, R-4,
allows densities consistent with the medium density Comprehensive Plan
designation, the proposed residential density is only 2.4 gross dwelling units per
acre. The Comprehensive Plan does allow a one step increase or decrease in
residential areas without amending the Comprehensive Plan. Due to the existing
one-acre lots in Heritage Subdivision to the west, City Council believes that a step
down in density is justified here, If the City approves an R-4 zone (and associated
PP and CUP applications), the proposed zoning/density will allow a smooth
transition fÌ11m the estate lot sizes in Heritage Subdivision to the urban lots in
Madison Park to the east. Further, City Council finds the following Goals,
Objectives, and Action items contained in the 2002 Comprehensive Plan to be
applicable to this application (analysis is in italics below policy):
.
"Develop and maintain greenbelts along waterways," (Chapter V, Goal I,
Objective A, Action item 4)
The applicant is proposing to leave the North Slough open abutting this
site, In accordance with the Comprehensive Plan, the applicant is
proposing to construct a Multi-Use Pathway along the slough and
throughout the development, thereby enhancing the natural features and
the development.
B.
D.
.
"Require new residential development to meet development standards
regarding landscaping, signage, fences and walls, etc." (Chapter VII, Goal
I, Objective C, Action item 4)
If the applicant complies with the conditions in this report, the
development will meet the standards for landscaping, signage, fences and
walls outlined in City Code,
.
"Require useable open space to be incorporated into new residential
subdivision plats." (Chapter VII, Goal IV, Objective C, Action item 3)
The applicant is proposing to set aside approximately.8 percent of the site
as open space,
In addition, in the applicant's letter (from Shari Stiles) other
Comprehensive Plan policies are listed supporting the annexation and
proposed residential use of the property. Ciro Council finds that if the
aoolicant comolies with the conditions included in this reoort. the
overall desi1!:n of the subdivision would be in rleneral conformance with
the Giro of Meridian Gomorehensive Plan.
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 proposing single-family lots on the subject site
(Zebulon Heights No, 2 Subdivision, PP-05-008), City Council does not
anticipate that the applicant plans to rezone the subject property in the future ifthe
accompanying CUP 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 single-family development could be allowed
within the requested R-4 zone, if the accompanying Conditional Use Permit for a
Planned Development is also approved,
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 fmds that other properties in the area have been developed in a
manner similar to the proposed subdivision, with single-family dwelling units.
G,
Austin Creek Subdivision to the north and Madison Park Subdivision to the east
have gross densities of approxÌnlately 4 dwelling units per acre, Heritage
Subdivision to the south has a residential density of approximately I dwelling unit
per acre while Settlement Bridge Subdivision has a density of 3.7 dwelling units
per acre.
There have been no recent street improvements in the area, This section of
McMillan Road abutting the site is in ACHD's Capital Improvements Plan (CIP)
for road widening in 2015, Locust Grove Road in this area is not currently
scheduled within ACHD's Five Year Work Program or Capital Improvements
Plan (CIP) for roadway widening, Other urban services, such as sewer and water,
are near to this site and the applicant should be able to extend such services to the
site. 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;
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 (south and east) will redevelop with similar densities in the
near future. City Council also finds that the proposed zoning/uses can be designed
and constructed in a manner that will be harmonious with, and appropriate in
appearance with, the existing and intended character of the surrounding area, The
existing character of the area will, and is, currently changing, especially upon
build-out of the proposed project and other similar subdivisions in the general
vicinity.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
The applicant has submitted seventeen (17) 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, City Council does not anticipate that the proposed
residential uses will be disturbing or hazardous to existing or future uses as long
as the conditions outlined in this report are complied with and house construction
is conducted in a manner consistent with City Code.
Will the area be served adeqnately 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
I.
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
Permanent sanitary sewer service to this development is to be provided by the
undeveloped North Slough Trunk. Temporarily sewer service will be provided by
the Lift Station serving Vienna Woods Subdivision. At this time sewer does not
exist at the location the applicant has shown on the preliminary plat. 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. If this application is approved, it shall be subject to availability of the
sanitary sewer. The applicant shall also be responsible for any upgrades to the lift
station that may be necessary to increase the capacity to handle this development.
Water service shall be from extensions of the existing main in E. McMillan Road,
and the future phase of Settlement Bridge.
The applicant and/or future property owners will be required to pay park and
highway impact fees.
On March 9, 2005, ACHD approved this development with site-specific and
standard conditions, The applicant should comply with all requirements of the
ACHD. Please review the ACHD report for additional information regarding this
finding,
On February 25,2005, 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.
H,
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation services to serve the project. The
primary public costs to serve the future residents will be fire, police, school
facilities and services. City Council finds there will not be excessive additional
requirements at public cost and that the proposed 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 Traffic Impact Study (TIS) prepared by Washington Group
International the proposed project is anticipated to generate 2,368 (including the
office portion approved in Boise City), 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, or odors.
City Council finds that the proposed residential zoning/uses will not be
detrimental to people, property or the general welfare of the area.
J.
Will the area have vehicular approaches to the property which shaD 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 extend two other stubs streets from the east. The
extension of Rochester Drive from Madison Park Subdivision and Wainwright
Drive from Zebulon Heights Subdivision No, I will cause traffic volumes on the
existing portions of the streets to increase, However, the increase in volume is
within ACHD acceptable range for local/commercial/collector streets. Please
review the ACHD report for this project for additional information regarding this
finding. If the 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.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
City Council fmds that there are some existing trees and other mature landscaping
on this site. Any existing trees larger than 4" caliper that are removed shall be
mitigated for, per the Landscape Ordinance (MCC 12-13-13). The applicant
should work with the City Arborist, Elroy Huff, on designing and implementing a
protection plan. If any trees are deemed to be a hazard, diseased or dying by the
City Arborist, prior to removal, mitigation will not be required for those trees,
The applicant is proposing to leave the North Slough open abutting the site. City
Council believes that the North Slough is a scenic feature that should be
protected.
City Council finds that the proposed annexation and zoning should not result in
the loss or damage of any natural or scenic features, as long as the existing trees
are protected/mitigated and the North Slough is relocated and protected in manner
that does not negatively impact its beauty, City Council is not aware of any
natural or scenic feature(s) that would be lost, damaged or destroyed by allowing
this site to be annexed, zoned and developed with residential uses.
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 Idaho Survey
Group, Inc., shows that the property is contiguous to the existing corporate
boundary of the City of Meridian. The land directly west of the subject property
was previously annexed into the City and this is a logical expansion of the City
boundary. City Council finds that all essential services are available or will be
provided by the developer to the subject property and will not require
unreasonable expenditure of public funds. The applicant is proposing to develop
the land in substantial compliance with the City's Comprehensive Plan. In
accordance with the findings listed above, Citv Council finds that the
annexation/zoning of this propertv would be in the best interest of the Citv.
EXHffiIT H
Zebulon Heights Subdivision No,2
PP-O5-008
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;
Please see Annexation and Zoning item "A".
B.
The availability of public services to accommodate the proposed
development;
City Council fmds that public services can be made available to accommodate the
proposed development. See Annexation and Zoning items "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 fmds 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 Annexation and Zoning item "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
Zebulon Heights Subdivision No.2
CUP-O5-019
CUPIPD 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 if they shall find 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 other features as may be required by
this ordinance;
As part ofthe Planned Development (PD) the applicant is requesting relief from
the standard street frontage requirement of the R-4 zone, as required by Meridian
City Code. .
City Council finds that the subject property is large enough to accommodate the
requested use and all other required ordinance features. Although the site is large
enough to accommodate all ofthe features required by ordinance, the applicant
has asked, through the Planned Development, to modifY specific development
standards,
That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of
this Ordinance;
City Council finds that the proposed single-family residential subdivision is
generallv harmonious with and in accordance with the 2002 Comprehensive Plan
and Future Land Use Map, which designates the land to be "Medium Density
Residential" (provided the Commission and Council grant the requested planned
development). Please see Annexation & Zoning item "A".
C,
That the design, construction, operation, and maintenance will be compatible
with other uses in the general neighborhood and with the existing or
intended character of the general vicinity and that such use will not adversely
change the essential character of the same area;
Please see Annexation & Zoning item "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;
F,
G.
H.
I.
City Council finds that the proposed use, if it complies with all conditions of
approval, will not adversely affect other properties in the vicinity,
E.
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 Annexation & Zoning items "G" and "H", the Other
AgencylDepartrnent 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;
Please see Annexation & Zoning item "H".
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;
Please see Annexation and Zoning item "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;
Please see Annexation & Zoning item "J", The Commission and Council should
review any comments received from the ACHD and/or ITD regarding this project
when determining this finding.
That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
Please see Annexation & Zoning item "K",
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of a Request for Annexation and Zoning of 76,29 Acres from RUT (Ada
County) to R-4 (Low Density Residential) AND Preliminary Plat Approval of One-
Hundred-Seventy-Five (175) Single-Family Residential Building Lots and Twenty (20)
Other/Common Lots AND Conditional Use Permit Approval for a Planned Development
with Reductions to Lot Frontage, Increased Block Length and Reduction in Density to Less
Than Three (3) Dwelling Units per Acre for Zebulon Heights Subdivision No.2, by
Traditions by Amyx II, LLP.
Case No(s): AZ-05-006, PP-05-008, CUP-05-019
For the City Council Hearing Date of: April 19, 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 19, 2005, public
hearing(s), The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b,
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony),
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
c.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS.OO6 i PP.DS.OOB i CUP-OS.OI9- PAGE I ofS
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Plarming & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) ofrecord at the time of issuance of these
findings is Traditions by Amyx II, LLP.
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 Plarming Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C, §67-
6503),
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles II and 12, Meridian City Code, and all
current zoning maps thereof, The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6, 2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian plarming 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 Plarming and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description in Exhibit A, the Preliminary Plat
dated November 23,2004 as shown in Exhibit B, the Site Plan dated November 23,
2004 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 of the application,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
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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 November 23, 2004 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated
November 23, 2004 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
1. 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.B.)
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 of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities, (MCC 12-2-4,B & C,)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-006/ PP-O5-008 / CUP-O5-019-PAGE 3 of5
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 ofthe 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-
MAYORTAMMYdeWEERD
VOTED
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASENO(S),AZ-O5-O06/ PP.O5.008/ CUP-O5-OI9-PAGE4of5
(TIE BREAKER)
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
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