HomeMy WebLinkAboutEnclave Subdivision AZ-05-031 PP-05-031
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request to Annex and Zone 2.74 acres from RUT to R-4 (Low Density
Residential) AND Preliminary Plat approval for nine (9) single family residential building
lots and one (1) other lots, for The Enclave Subdivision, by The Enclave, LLC .
Case No(s): AZ-05-031, PP-05-031
For the City Council Hearing Date of: August 23, 2005
A.
Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
b.
The matter was duly considered by the City Council at the August 23,2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
c.
The Planning and Zoning Commission conducted a public hearing and issued a
written recommendation on the subject matter to the City Council.
d.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
3. Application and Property Facts
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-031/ PP-O5-031 - PAGE 1 of 4
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 Jason and Jackie Thacker.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits D for the findings required for these applications.
B.
Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 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 August 10, 2005 as shown in Exhibit B, and the Site Specific and Standard
Conditions in Exhibit C. The conditions are concluded to be reasonable and the
applicant shall meet such requirements as a condition of approval of the application.
c.
Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is
hereby ordered that:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-031/ PP-O5-031 . PAGE 2 of 4
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated August 10, 2005 is hereby conditionally approved; and,
2. The Site Specific and Standard Conditions are as shown in Exhibit C.
Notice of Applicable Time Limits
D.
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
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 a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Exhibit B:
Legal Description
Approved Preliminary Plat (with conditions)
Exhibit C:
Exhibit D:
Site Specific and Standard Conditions
Required Findings
2 :3 r~ day of
Bya ion of the City Council at its regular meeting held on the
fr ,2005.
COUNCIL MEMBER SHAUN WARDLE
VOTEDþ
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
~
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-031 I PP-O5-031 - PAGE 3 of 4
COUNCIL MEMBER KEITH BIRD
VOTED --$a...
-
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
- ..
and City Attorney.
By'
Dated: ~ - ;;£1 - as
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-031/ PP~O5-031 - PAGE 4 of 4
EXHIBIT A
The Enclave Subdivision
AZ-05-031, PP-05-031
~~g~I~lJescripti~,!!,.""^,, . .
DESCRIPTION FOR PROPOSED
THE ENCLAVE SUBDIVISION
June 3, 2005
A PARCEL OF LAND BEING A PORTION OF THE NW 1/4 OF SW 1/4 OF
SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN,
MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 20 T. 3 N.,
R.1 E., B.M" MERIDIAN, ADA COUNTY, IDAHO; THENCE N 00°44'50" E
1327.40 FEET TO THE SOUTH 1/15 CORNER, THE SOUTHWEST CORNER
OF THE NW 1/4 OF SW 1/4 OF SAID SECTION 20; THENCE N 00'44'49" E
463.63 FEET ALONG SAID SECTION TO A POINT; THENCE S 89'52'45" E
45.00 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY OF S- LOCUST
GROVE ROAD ALSO BEING THE NW CORNER OF INGLENOOK
SUBDIVISION; THENCE S 89°52'45" E 270.60 FEET ALONG THE
NORTHERLY BOUNDARY OF SAID INGLENOOK SUBDIVISION TO THE
REAL POINT OF BEGINNING OF THIS SUBDIVISION.
THENCE N 00"44'49" E 200.48 FEET TO A POINT ON THE SOUTHERLY
BOUNDARY OF LOS ALAMITOS PARK SUBDIVISION NO- 1;
THENCE S 89"58'11" E 506.84 FEET ALONG THE BOUNDARY OF LOS
ALAMITOS PARK SUBDIVISION TO THE SOUTHEAST CORNER OF SAID
LOS ALAMITOS PARK SUBDIVISION NO.1;
THENCE S 89044'31" E ALONG SOUTH BOUNDRY OF LOS ALAMITOS PARK
SUDIVISON NO- 2; 2967 FEET TO THE NORTHWEST CORNER OF
TARAWOOD SUBDIVISION-
THENCE S 29°03'22" E 233.26 FEET ALONG THE BOUNDARY OF
TARAWOOD SUBDIVISION;
THENCE N 89°59'38" W CONTINUING ALONG SAID BOUNDRY 5724 FEET
TO THE NORTHEAST CORNER OF INGLENOOK SUBDIVISION;
THENCE N 28°59'25" W ALONG NORTHERLY BOUNDARY AT SAID
INGLENOOK SUBDIVISION 2.96 FEET TO A POINT;
THENCE N 89'52'45" W CONTINUING ALONG SAID NORTHERLY
BOUNDARY 593_73 FEET TO THE REAL POINT OF BEGINNING OF THIS
SUBDIVISION;
THIS SUBDIVISION CONTAI~CRES, MORE OR LESS,
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EXHIBIT B
The Enclave Subdivision
AZ-05-031, PP-05-031
.}',relimillary Plat
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EXHIBIT C
The Enclave Subdivision
AZ-05-031, PP-05-031
Conditions of Approval
(With deletions and additions in strikeout/underline)
SITE SPECIFIC CON.illTIONS O[gPROV AillBJiLIMINARY PLAT)
1. This Staff Report is based upon the preliminary plat prepared by Briggs
Engineering on Dated August 10, 2005, and is approved with the conditions listed
herein. All comments/conditions of the annexation and zoning (AZ-05-031)
application shall also be considered conditions of the Preliminary Plat (PP-05-
031).
2.
Construct Inglenook way and the common drives to connect the north right-of-
way line of E. Fireside Court to connect with Locust Grove Road. Construct
Inglenook way and the common drives to connect the north right-of-way line of
E. Fireside Court to connect with Locust Grove Road. The common drives shaH
have a minimum. of 21' of improved surfaøø and should be constructed in suoo a
manner as to be eompaÜblø with the publie road system. The common drive
shall have a minimum of 24 feet of improved surface and shall be designed
with curb, gutter, and sidewalk in such a manner as to be consistent with the
public road section.
3.
Maintenance of all common area lots shall be the responsibility of the Enclave
Homeowners' Association.
4.
A detailed fencing plan shall be submitted upon application of the final plat. If
pennanent fencing is not provided around the perimeter, temporary construction
fencing to contain debris must be installed prior to issuance of building permits.
All fences shall taper down to 3 feet maximum within 20 feet of all right-of-way.
All fencing shall be installed in accordance with MCC 12-4-10
5.
Place proper signage on the common drive side and western property boundary
side of the easement connection through Lot 3 Block 1 to Locust Grove Road,
declaring "Emergency Access Only".
6.
Prior to final plat approval by City Council, depict on the preliminary plat the
sections of road which will be designated "No Parking" or show areas of off street
parking to be provided for visitors to the subdivision.
7.
A landscape plan was not prepared as there are no areas of required landscaping
on this site. However the following notes/modifications still apply:
. 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
The Enclave Subdivision
Exhibit C
.
replacement trees for those trees that are removed (MCC 12-13-13-3).
Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian
Parks Department.
All fencing along the Eight Mile Creek shall be non-combustible fencing
materials.
8.
The Eight Mile Creek shall be fenced appropriately with a six-foot (6') tall non-
combustible material and maintained free of noxious materials.
9.
Underground year-round pressurized irrigation must 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. The applicant has indicated in the application that the P.1. system is to
be owned and operated by the Homeowners Association; however it appears that
they are connecting to a NMID system. If the system is to remain private, a draft
copy of the pressurized irrigation system O&M manual must be submitted prior to
plan approval, or if it is to be owned and maintained by Nampa and Meridian
Irrigation District a license agreement must be entered into prior to a pre-
construction meeting.
10.
Sidewalks within the proposed subdivision shall be built in accordance with
MCCI2-13-10-8. The applicant shall also provide five foot wide attached
sidewalks with a rolled curb adjacent to the internal public streets as proposed and
in compliance with existing road designs.
11.
Add a note to the face of the final plat stating: "Garage setbacks shall be
measured from the property line or the adjacent sidewalk, whichever is more
restrictive. "
12.
Sanitary sewer service to this site is being proposed from the sewer main in
Locust Grove Road and extensions through Inglenook Subdivision. The applicant
will be responsible to construct all sewer mains to serve this proposed
development. Subdivision designer to coordinate main sizing and routing with the
Public Works Department. Applicant shall execute City of Meridian standard
forms of easements, for any mains that are required to provide service. Cover
over sanitary sewer mains shall be no less than three feet from finish grade to the
top of the pipe. If cover is less than three feet from the sub-grade to the top of
pipe, alternate pipe materials shall be used per the Meridian Public Works
Department's Standard Specifications.
The Enclave Subdivision
Exhibit C
18.
19.
13.
Domestic water service to this site shall be via extensions from Inglenook
Subdivision. The applicant will be responsible to construct all water mains
necessary to serve this proposed development in accordance to Public Works
approval. 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.
14.
Meridian Public Works specifications do not allow any large landscaping within a
five foot radius of water meters. The applicant shall make the necessary
adjustments to achieve this separation requirement and comply with all landscape
requirements.
15.
Direct lot access to Locust Grove Road is prohibited. A note shall be placed on
the final plat restricting access to Locust Grove Road as EMERGENCY ACCESS
ONLY.
16.
No variances, exceptions or reductions to the City adopted dimensional standards
or uses are approved with this preliminary plat application. Unless otherwise
approved, all minimum lot sizes, structure setbacks, street frontage, and house
size requirements of the R -4 zone shall be maintained.
17.
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.
The applicant/developer shall be responsible for the payment of sewer and water
assessments, as well as the actual physical connection to the municipal services
for the existing home on Lot 3.
The applicant shall be responsible to provide verification that the existing
irrigation easement has been vacated prior to the City Engineer's signature on the
final Plat.
STANDARD CONDITIONS OF APPROVAL (PRELIM~RY PLAT)
1. All grading ofthe site shall be performed in conformance with MCC 11-12-3H.
2.
3.
4.
Sidewalks shall be installed within the subdivision and on the perimeter of the
subdivision pursuant to MCC 12-13-10-8.
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.
Street signs to be in place, water system shall be approved and activated, fencing
shall be installed, drainage lots constructed, road base shall be approved by the
The Enclave Subdivision
Exhibit C
13.
Ada County Highway District, and the Final Plat for this subdivision shall be
recorded, prior to applying for building permits.
5.
All development improvements, including but not limited to sewer, fencing,
micro-paths, pressurized irrigation and landscaping shall be installed and
approved prior to obtaining certificates of occupancy.
6.
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.
7.
Coordinate fire hydrant placement with the City of Meridian Public Works
Department.
8.
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.
9.
Any tree over 4" in caliper that is removed ttom 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.
10.
Submit any up-dated groundwater/soils monitoring data, as collected and
analyzed by a soils scientist, to the Public Works Department for review. Any
drainage areas (detention/retention basins) must be designed to ensure that water
will percolate or discharge with a period of time not to exceed 24-hours for all
storms up to and including a 100-year storm events. Side slopes within drainage
areas shall not exceed 3: 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.
11.
The applicant shall coordinate mailbox locations with the Meridian Post Office.
12.
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. This is to ensure
The Enclave Subdivision
Exhibit C
2.
4.
that the bottom elevation of the crawl spaces of homes is at least I-foot above
groundwater.
14.
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.
15.
Applicant shall be responsible for application and compliance with any Section
404 Permitting that may be required by the Army Corps of Engineers.
16.
Applicant shall be responsible for application and compliance with and NPDES
Permitting that may be required by the Environmental Protection Agency.
17.
Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/preliminary plat approval use does not relieve the applicant of
responsibility for compliance.
18.
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
1.
PRELIMINARY PLAT SPECIAL CONSIDERATIONS
Public Streets and Access:
Connectivity (Inglenook Subdivisions):
The stub street from Inglenook Subdivision shall connect to E. Horse Creek Street
and again north to Inglenook Subdivision on Inglenook A venue. The subdivision
is constrained by previous development in the area and is bound by ACHD
policies of interconnectivity. No direct access to Locust Grove Road is approved
with this subdivision.
Landscaping: Staff is generally supportive of the absence of a landscaping design
with the following considerations: Non-combustible fencing should be included
on the eastern border of the Eight Mile Creek, and perimeter fencing shall be
designed according to MCC 12-13 and maintained by the home owners
association. See Site Specific Condition #7 below.
Tree Mitigation: There are several large trees on this site that the applicant is
proposing to remove or relocate. 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 are removed (MCC
12-13-13-3). The applicant should coordinate a tree protection/mitigation plan
with Elroy Huff at the Meridian Park Department. See Site Specific Condition #7
below.
Ditches. Laterals. and Canals: Per MCC 12w4-13, all irrigation ditches, laterals or
The Enclave Subdivision
Exhibit C
canals, exclusive of natural watelWays, intersecting, crossing or lying adjacent
and contiguous to the area being subdivided shall be tiled. Staff is unaware of
the official status of the Eight Mile Creek; it appears to be maintained by Nampa
Meridian Irrigation and is considered a natural feature and does not require tiling.
See Site Specific Condition #8 below
5.
Pressure Irrigation: 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 should 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 will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City
Engineer. An underground, pressurized irrigation system should be installed to all
landscape areas per the approved specifications and in accordance with MCC 12-
13-8 and MCC 9-1-28. See Site Specific Condition #9 below.
6.
Fencing: The applicant is proposing to construct a minimum of a five foot tall
solid fence around the perimeter of the site. A detailed fencing plan should be
submitted upon application of the final plat (MCC 12-4-1O.F.3). If permanent
fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. All fences
should taper down to 3 feet maximum within 20 feet of all right-of-way. All
fencing should be installed in accordance with MCC 12-4-10. Fencing along the
Eight Mile Drain shall be constructed with a non-combustible material.
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. 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.
The Enclave Subdivision
Exhibit C
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 place 18" above finish grade.
h. Fire hydrants shall be provided to meet the requirements of the IFC
Section 509.5.
4. The phasing plan may require that any roadway greater than 150' in length that is
not provided with an outlet shall be required to have an approved turn around.
5. All entrance and internal roads shall have a turning radius of 28' inside and 48'
outside radius.
6. All common driveways shall be straight or have a turning radius of 28' inside and
48' outside and shall have a clear driving surface which is 20' wide.
7. Provide a 20' wide Fire Lane for all internal roadways all roadways shall be marked in accordance with Appendix D
Section D1O3.6 Signs.
8. Operational fire hydrants, temporary or permanent street signs and access roads with
an all weather surface are required before combustible construction is brought on
site.
9. The roadways shall be built to Ada County Highway Standards cross section
requirements and shall have a clear driving surface, available at all times, which is
20' wide. Streets with less than a 29' street width shall have no parking. Streets
with less than 33' shall have parking only on one side. These measurements shall
be based on the face of curb dimension.
10. 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.
11. 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).
The Enclave Subdivision
Exhibit C
2.
3.
4.
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.
ADA COUNTY HIGHWAY DISTRICT
Site Specific Conditions of Approval
1.
Construct the north-south section of North Inglenook Avenue with 50-feet right-of.way,
36-feet street section, 5-foot concrete sidewalks with curb and gutter.
2.
Construct the turnaround with 36-feet right-of.way, 25-feet street section, 5-foot concrete
sidewalks with rolled curb and gutter. Provide a minimum curb radius of 18-feet at any
change of direction of the curb line on the turnaround.
3.
Construct and pave the common driveway on each side of the east-west portion of the
"T".
4.
Barricade the common driveway on the northwest property line to restrict access to South
Locust Grove Road. The barricade shall be approved by the Meridian Fire Department.
The Meridian Fire Department may require the applicant to construct a gate or bollards as
a balTicade, to allow emergency access only.
5.
Provide written approval from the Meridian Fire District for the non-standard turnaround.
6.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
1.
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.
The Enclave Subdivision
Exhibit C
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
pennit (or other required pennits), which incorporates any required design changes.
7.
Construction, use and property development shall be in confonnance 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 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 tenus 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 confinnation of any change from the Ada County Highway
District.
11.
Any change by the applicant in the planned use of the property which is the subject of
this application, shall require the applicant to comply with all rules, regulations,
ordinances, plans, or other regulatory and legal restrictions in force at the time the
applicant or its successors in interest advises the Highway District of its intent to change
the plaIU1ed use of the subj ect 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.
The Enclave Subdivision
Exhibit C
EXHIBIT D
The Enclave Subdivision
AZ-05-031, PP-OS-031
Required Findings
ANNEXATION & ZONING ANALYSIS
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 11-15-11 and analysis by staff:
A.
Will the new zoning be harmonious with and in accordance with the
Comprehensive Plan and, if not, has there been an application for a
Comprehensive Plan amendment;
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
with the allowances of smaller lots for residential purposes. The applicant is
requesting that all the subject site be zoned R-4 (Medium-Low Density
Residential). The R-4 district allows for a maximum of four (4) dwelling units per
acre (MCCll- 7-2.B). The proposed residential density for this site is 3.28 gross
dwelling units per acre as calculated by the applicant, or 9 units per 2.74 acres.
Staff finds that the proposed zoning designation. R-4. is hannonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map. which
designates the land to be Medium Density Residential. There is a minimum target
density of three dwelling units per acre in the Comprehensive Plan; the proposed
gross density of The Enclave Subdivision is 3.28 dwelling units per acre which is
slightly lower than surrounding developments but not outside the acceptable
tolerance for infill development. Inglenook 3.35 du/acre - Sageland 3.85 du/acre
-Chesterfield 4.63du/acre.
The following Comprehensive Plan policies support this proposal:
. Require that development projects have planned for the provision of all public
services (Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City
services to the subject properties. The City of Meridian plans to provide
municipal services to the lands proposed to be annexed in the following
manner:
The Enclave Subdivision
Exhibit D
.
Sanitary sewer and water service will be extended to the project at
the developer's expense.
The subject lands currently lie within the jurisdiction of the
Meridian Rural Fire District. Once annexed the lands will be
under the jurisdiction of the Meridian City Fire Department, who
currently shares resource and personnel with the Meridian Rural
Fire Department. Fire and Emergency Medical Services will be
provided by Meridian City Fire Station #3. The subject lands lie
within 1.5 miles of the recently opened Meridian City Fire Station
#3 and lie within the Meridian Fire Department's five-minute
response zone.
The subject lands currently lie within the jurisdiction of the Ada
County Sheriff's Office. Once annexed the lands will be serviced
by the Meridian Police Department (MPD).
The roadways adjacent to the subject lands are currently owned
and maintained by the Ada County Highway District (ACHD). This
service will not change.
The subject lands are currently serviced by the Meridian School
District #2. This service will not change.
The subject lands are currently serviced by the Meridian Library
District. This service will not change and the Meridian Library
District should suffer no revenue loss as a result of the subject
annexation.
.
.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building
Department, the Meridian Public Works Department, the Meridian Water
Department, the Meridian Wastewater Department, the Meridian Planning
and Zoning Department, Meridian Utility Billing Services, and Sanitary
Services Company.
Protect existing residential properties from incompatible land use
development on adjacent parcels (Chapter VII, Goal IV, Objective C, Action
1)
.
All of the properties adjacent to the subject site are designated for medium
density residential uses on the Comprehensive Plan Future Land Use Map.
Support a variety of residential categories (low-, medium-, and high-density
single family, multi-family, townhouses, duplexes, apartments,
condominiums, etc.) for the purpose of providing the City with a range of
affordable housing opportunities (Chapter VII, Goal IV, Objective C, Action
10)
.
The subject property is designated Medium-Density Residential on the Future
Land Use Map which identifies this area as an appropriate area for medium-
density residential development. This proposal meets the Comprehensive
The Enclave Subdivision
Exhibit D
Plan definition of medium-density, with a gross density of 3.28 dwelling units
per acre.
.
Require street connections between subdivisions at regular intervals to
enhance connectivity and better traffic flow (Chapter VI, Goal II, Objective A,
Action 6)
The street connections provided from inglenook have been connected as
planned (see ACHD report for details). This subdivision is the last infill
development in the near vicinity and will not be required to stub to adjacent
properties as there is no further development expected at the boundaries of
this development.
.
Preserve, protect, enhance, and utilize our natural resources in Meridian and
surrounding areas. Preserve and conserve our waterways, wetlands, wildlife
habitat, and other natural resources. (Chapter V, Goal I, Objective A)
The Eight Mile Creek waterway is the only distinguishable natural feature at
this location. Staff/eels the open fencing and maintenance free of noxious
materials will enhance the surrounding area. Wetlands, and alternate natural
resources are absent from this site and the subject property has designed the
common/open space around preserving the eight mile creek corridor for
wildl(fe habitat and enhancing the waterways.
Develop policies and incentives to encourage infill and contiguous
development. (Chapter V Goal I Objective A Action 8)
The applicant has requested a slightly lower density relative to the immediate
vicinity and will be developing larger lots with a unique neighborhood
attractiveness. The applicant has continued the plans for development and the
proposal meets the agencies expectations with preservation of the waterway
and connections to existing stub streets.
.
.
Offer a diversity of housing types for a greater range of choice. Encourage
quality housing project for all economic levels in a variety of areas. (Chapter
VII Goal V Objective A)
The anticipated products for the site will be unique single family residences
available to individual buyers who are seeking a medium-large lot closer to
the urban center.
.
Support infill of random vacant lots in substantially developed, single-family
areas at densities similar to surrounding development. Increased densities on
random vacant lots should be considered if: Development of uses other than
single-family structures are compatible with surrounding development as it
complies with the current comprehensive plan. (Chapter VII Goal V Objective
A Action 10)
The proposed density, size of lots and unique roadway design will allow for a
less dense proposal with larger lots, not requiring special circumstances.
The Enclave Subdivision
Exhibit D
.
Apply design and performance standards to infilling development in order to
reduce adverse impacts upon existing adjacent development. (Chapter VII
Goal V Objective A Action 11)
Staff does not forsee negative impact on surrounding development outside of
the construction phase. The site has an existing residence which will remain
and the size, number, and quality of the houses is similar in nature to the
surrounding developments that the proposal should be indistinguishable upon
build out.
Staff finds that the proposed R-4 zoning designation is harmonious with and in
accordance with the Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the
future;
Staff does not anticipate that the applicant intends to rezone the subject property
in the future.
c.
Is the area included in the zoning amendment intended to be developed in the
fashion that would be allowed under the new zoning -for example, a
residential area turning into a commercial area by means of conditional use
permits;
Staff finds that single-family residential uses are allowed within the requested
zoning district of R-4. Medium-Low Density Residential permits the
establishment of residential uses and is designed to protect the integrity of
residential development by prohibiting the intrusion of incompatible
nonresidential uses. The accompanying plat demonstrates the land will be
developed with lot sizes, housing types and other dimensional requirements that
conform to the proposed zoning designation.
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;
Staff finds that recent residential developments to the south have been approved
for development similar to the proposed subdivision, with single-family
residences. Development in the area has limited the main trunk sewer capacity.
Currently sewer is available in N. Inglenook avenue that stubs into this project
from Inglenook Subdivision. There are currently sewer capacity concerns south of
the freeway; however this development is not sewering out of its service area to
the Ten Mile Trunk. Therefore it does not contribute the capacity concerns.
The Enclave Subdivision
Exhibit D
Based on the ACHD Long Range 2030 proposal, Locust Grove Road is
anticipated to eventually be a 3-lane roadway abutting this site. However, Locust
Grove Road is not currently included within ACHD's Five Year Work Program or
in the currently adopted 20-year Capital Improvements Plan for roadway
improvements.
Local Street ofN. Inglenook Way is an ACHD rights-of-way and provides a stub
connection to the property. ACHD and the City of Meridian will require the
proposed development connect these roadways as proposed. The design for
Inglenook Ave within Enclave Subdivision shall meet the requirements of the
turnarounds as approved by the Meridian Fire Department.
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;
Staff finds that the requested zoning and proposed density meets the anticipated
range for a medium density urban project. Based on the Comprehensive Plan,
staff believes that the existing parcels in the area (south and north and east) have
already developed with similar densities and allowances for alternate products and
designs are encouraged. Staff 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 proposal meets the standards of MCC 12-13-16 Residential Subdivision Open
Space which states that "common space shall equal or exceed five percent of the
gross land area of the subdivision. This requirement shall apply to all single
family residential subdivisions of five acres or more." The applicant has buffered
the Eight Mile Creek with an open space/drainage lot which exceeds the
requirements for development under five acres.
The existing character of the area will not change as this is one of the final infill
developments in the vicinity. Staff does not find that the proposed zoning/uses
will adversely change the essential character of area. Staff recommends that the
Commission and Council rely on staffs analysis, public testimony received and
any comments submitted from any other agencies or departments regarding
whether this property should be annexed as proposed.
F.
Will the proposed uses not be hazardous or disturbing to existing or future
neighboring uses;
Staff does not anticipate that the proposed residential uses will be hazardous as
long as the conditions outlined in this report are complied with and construction
The Enclave Subdivision
Exhibit D
traffic and house construction is conducted in a manner consistent with City
Code.
Access to Locust Grove Road shall be taken through the stub streets as designed
and directed to Inglenook Way. This will create additional traffic, especially
construction traffic during build-out. This change could be considered disturbing
to residents in Inglenook Subdivision as access to Locust Grove Road must be
taken through their neighborhood.
According to ACHD, Inglenook Avenue shall be designated one side "No
Parking" which should not create a problem for visitor parking at this location.
Further, Meridian Fire will require the common drives to be constructed with a
minimum of 24 feet of paved surface. Furthermore, a secondary/emergency
access is shown with a connection through the existing parcels easement across
the Locust Grove fronting property, west of the proposed development.
The common lot listed as Lot 8 Block 1 will require fencing to separate the Eight
Mile Creek from residential uses. The Eight Mile Creek is a steep-banked and
potentially hazardous waterway which should be fenced in such a manner as to be
non-combustible and impede all access to the creek or as required by Nampa
Meridian Irrigation District.
The Commission and Council should rely on any public testimony (oral and
written) when determining whether or not the proposed zoning and subsequent
uses will be disturbing or hazardous to the existing or future neighboring uses.
G.
Will the area be served adequately by essential public facilities and services
such as highways, streets, police and fire protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shall be able to provide
adequately any of such services;
The applicant will be responsible for the extension of all utilities necessary to
serve 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 July 27,2005, ACHD staff will hold tech review on the subject applications.
ACHD has not submitted a staff report with site specific and standard conditions,
but Meridian City staff should have the report prior to the Planning Commission
meeting of July 21,2005 (Agency Comments and Conditions when received will
be included with this report).
The Enclave Subdivision
Exhibit D
On July 1,2005, 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, staff finds that the public services listed above can be made
available to accommodate the proposed development. The Commission and
Council should reference any written and/or verbal testimony submitted by any
public service provider, regarding their ability to adequately service this project.
H.
Will not create excessive additional requirements at public cost for public
facilities and services and will not be detrimental to the economic welfare of
the community;
If approved, the developer will be financing the extension of sewer, 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 and school
facilities and services. Staff finds there will not be excessive additional
requirements at public cost and that the proposed zoning and subsequent
development will not be detrimental to the community's economic welfare.
I.
Will the proposed uses not involve uses, activities, processes, materials,
equipment and conditions of operation that will be detrimental to any
persons, property or the general welfare by reason of excessive production of
traffic, noise, smoke, fumes, glare or odors;
Staff finds that the proposed annexation and the development of single-family
homes on this site will not involve uses that will create nuisances that would be
detrimental to the general welfare of the surrounding area.
Staff recognizes the fact that traffic and noise will increase with the approval of
this subdivision; however, staff does not believe that the amount generated will be
detrimental to the general welfare of the public. Staff does not anticipate the
proposed annexation and subsequent uses will create excessive traffic, noise,
smoke, fumes, glare, or odors.
J.
Will the area have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public
streets;
The applicant is proposing to construct one public street extension into the site
from Inglenook Subdivision which will connect with Locust Grove Road, a minor
collector. ACHD is supportive of the proposed stub street extensions as
previously approved. The landscaping plan will not be required as there are no
arterial roadways on site and ACHD does not require dedication of rights of way.
If is designed and constructed as approved by the ACHD and the City, staff does
not believe that the subdivision will create interference with traffic on the
surrounding public streets. However, city staff would propose a design to allow
The Enclave Subdivision
Exhibit D
parking on at least one side of the street and approved by ACHD even if the
design is amended to reduce lots.
K.
Will not result in the destruction, loss or damage of a natural or scenic
feature of major importance; and
There are some mature trees on this property. Any existing trees larger than 4"
caliper that are removed should be mitigated for, per the Landscape Ordinance.
Fencing the Eight Mile Creek along the eastern boundary of the proposal should
provide wildlife and open areas adequate protection from residential uses. Staff
finds that the proposed development will not result in the destruction, loss or
damage of any natural feature( s) of major importance if developed under these
conditions.
Staff recommends that the Commission and Council reference any public
testimony that may be presented to determine whether or not the proposed
development may destroy or damage a natural or scenic feature(s) of major
importance of which staff is unaware.
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ord. 592, 11-17-1992)?
The R -4 zoning amendment will provide lots that are similar in nature to existing
subdivisions in the near vicinity. Staff 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 general compliance with the City's Comprehensive Plan.
Staff does not recommend lot sizes that would be invasive to the properties to the
north and south ofthe subject property but the lot sizes should be similar in nature
and allow additional residential densities and product opportunities for the general
vicinity. Subdivisions of medium density have already been approved for
development to the south and this is a logical expansion of the City limits for an
infill project. In accordance with the findings listed above, staff finds that
annexation and zoning ofthis property would be in the best interest of the City.
PRELIMINARY PLAT ANALYSIS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the acceptance
of a proposed subdivision, the Commission and Council shall consider the
objectives of this title and at least the following:
A.
The conformance of the subdivision with the Comprehensive Development
Plan;
Staff finds that the proposed application is in substantial compliance with the
adopted Comprehensive Plan. The proposed density of 3.28 dwelling units per
The Enclave Subdivision
Exhibit D
acre (gross) is in the recommended dwelling units per acre for the comprehensive
designation. Staff supports the proposed layout as a practical solution to address
the constraints of infill development which has design criteria dictated by
previous developments. Please see Annexation and Zoning Analysis "A".
B.
The availability of public services to accommodate the proposed
development;
Staff finds that public services are available to accommodate the proposed
development. (See finding "G" under Annexation and Zoning Analysis for more
detail. )
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, staff 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;
Staff recommends the Commission and Council rely upon comments from the
public service providers (i.e., police, fire, ACHD, etc.) to determine this finding.
(See finding "G" under Annexation and Zoning Analysis above, and the Agency
Comments and Conditions at the end ofthis report for more detail.)
E.
The other health, safety or environmental problems that may be brought to
the Commission's attention.
Lot 3 of Block 1 has the existing home site for the parcel of record. Along with
the parcel of record is the recorded easement for ingress egress to Locust Grove
Road. Currently the parcel is landlocked and no public street frontage was
provided prior to Inglenook Subdivision being recorded. The easement for the
parcel of record will not be required to be vacated, but shall be maintained as
ingress egress for Emergency Access Only. The developer shall provide
appropriate signage as to the designation of the existing driveway easement. No
lots shall directly take frontage or access from Locust Grove Road.
Staff is not aware of any health, safety or environmental problems associated with
the development of this subdivision that should be brought to the Councilor
Commission's attention. ACHD considers road safety issues in their analysis.
Staff recommends that the Commission and Council reference any public
testimony that may be presented to determine whether or not the proposed
subdivision may cause health, safety or environmental problems of which staff is
unaware.
The Enclave Subdivision
Exhibit D