HomeMy WebLinkAboutWindwalker Subdivision AZ-05-030 AZ-05-030 PP-05-030
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the matter of a request to Annex and Zone 5.1 acres from RUT to R-8 (Medium Density
Residential) AND Preliminary Plat approval for Twenty-Four (24) Single-family
residential lots and Four (4) Other/Common Lots, AND a request for Variance to MCC 11-
9-2D3 for Windwalker Subdivision, by Beckit Development
Case No: V AR-05-018, AZ-05-030, PP-05-030
For the City Council Hearing Date of: September 20, 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 September 20, 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 record~
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).PP-O5-030, AZ-O5-030,V AR-O5-0 18 - PAGE 1 of 4
In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner of record at the time of issuance of these findings is
Brighton Corporation.
4. Required Findings per Zoning and Subdivision Ordinance
a. See Exhibits D, E, and F for the findings required for this application.
a.
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 (I.C. §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 July 14, 2005 as shown in Exhibit B and the Conditions of Approval in Exhibit C.
The conditions are concluded to be reasonable and the applicant shall meet such
requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant is hereby granted a variance to MCC) 11-9-2BC (Minimum Yard
Setback Requirements), to allow an 10-foot street side setback on all lots of
Windwalker Subdivision; and The applicant's preliminary plat as evidenced by having
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).PP-O5-030, AZ-O5-030,V AR-O5-018 - PAGE 2 of 4
submitted the Preliminary Plat dated July 14, 2005 are hereby conditionally approved;
and
2. The site specific and standard conditions of approval are as shown in Exhibit C.
D. Notice of Applicable Time Limits
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.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the 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: Legal Description
Exhibit B: Approved Preliminary Plat
Exhibit C: Final Conditions of Approval
Exhibit D: Annexation and Zoning Findings
Exhibit E: Preliminary Plat Findings
Exhibit F: Variance Findings
By action of the City Council at its regular meeting held on the
.:s;.¡;~~ ,2005.
2 (/ II;--
day of
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).PP-O5.030, AZ-O5-030,V AR-O5-018 - PAGE 3 of 4
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED --p
VOTED~
COUNCIL MEMBER CHRISTINE DONNELL
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
VOTED~
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Attest:
SKAL
lliam G. Berg, Jr., City lerk ~ "'J'.~ ..(:I ff
... ,ctr' . -
% 1b - 1" 1$1 ..0 ;:
"...", '!i-~ ~
Copy served upon Applicant, The Planni~}"4ij~ ;¡f~~ent, Public Works Department
IIIIt"'IIUII"'\
-
and
Dated:~l-CJ:
By:
CITY OF MERiDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S).PP-O5-030, AZ-O5-030,V AR-O5-0 18 - PAGE 4 of 4
EXHIBIT A
Windwalker Subdivision
AZ-05-030, PP-05-030
Legal Description
DESCRIPTION FOR
PROPOSED WIND WALKER SUBDIVISION
May 12, 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 1/16 CORNER, THE SOUTHWEST CORNER
OF THE NW 1/4 OF SW 1/4 OF SAID SECTION 20; THENCE S 89'49'11" E
4500 FEET TO THE EAST RIGHT OF WAY OF S. LOCUST GROVE ROAD,
ALSO BEING THE NORTHWEST CORNER OF SHERBROOK HOLLOWS
SUBDIVISION NO. 4.THE REAL POINT OF BEGINNING OF THIS
SUBDIVISION.
THENCE N 00"44'49" E ALONG SAID EAST RIGHT OF WAY 194.95 FEET TO
THE SOUTHWEST CORNER OF INGLENOOK SUBDIVISION;
THENCE S 89°51'08" E ALONG THE SOUTH LINE OF SAID INGLENOOK
SUBDIVISION 1049.72 FEET TO A POINT ON THE WESTERLY LINE OF
T ARAWOOD SUBDIVISION;
THENCE S 41 '50'37" E ALONG SAID WESTERLY LINE 263.21 FEET TO A
POINT ON THE NORTH LINE OF SAID SHERBROOK HOLOWS SUBDIVISION
NO.4;
THENCE N 89°49'11" W CONTINUING ALONG SAID NORTH UNE 1227.85
FEET TO THE REAL POINT OF BEGINNING OF THIS SUBDIVISION;
THIS SUBDIVISION CONTAINS 5.10 ACRES, MORE OR LESS.
WAYNE K. BARBER,
--,
~Õ~þ..l LAN~ ~~, þ'
tJ'?/<~~
~ ,~,
i~4' Pi PLS8444
\ \~';,?II~~~/'
'~~-;::?F~f~~'ß --
"------ ~ .
EXHIBIT B
Windwalker Subdivision
PP-05-030
Preliminary Plat Dated July 14, 2005
.. ._---~--
nD~ '5
S. SIMMENT>\l AVE,
~l-'
';1 ~ ,,1 'UMQUSllit
j, ~.: 0 AVE.
~.': I
~::,
G U
" c
, ~ UJ::¡
.'; ~ 63a
- m 0
~ ~ :s~
:;; ê ç I
n. :; ~¡";I'
, ::0
, <
~ I t
I
ê
'"
i;;
,', ~,~ ~II'~'I~ !
, ,;,;¡;n
~?: \ '" ~ m
'" ... I II!
.jH '~
!
.-.------"
: -;:: I
:: : - ~'i '
~ i --~
~ ~-¡ ~~-!
! -)- lê ~!
~- - ~ ~
i ~ ~ i ~ ¡
, I~
¡ - L ;~~!
l 0 :
I
i ~'-<'
I ~ C,O
: /'
~"
'"
~ co
'"
'"
'"
"C'
~ ,~
c.>
¡;¡ co
""
¡¡s
~ ,
" I
;;;
:II
~
'"
'"
I
;
I
¡¡¡
//
S. LOCUST GROVE RD
'-
:-ì
g
c
"'
'"
'-,
ffi
~
:II
~
'"
;
~
ê
~
----l
I
I
I
'"
co
-
N N. INGLoNDDK AVE.
I 1
"
,<,
#'
#,1"
I'"
F.----t-._"
,
..
"i3
"
g
EXHIBIT C
Windwalker Subdivision
AZ-05-030 PP-05-030
Conditions of Approval
(With deletions and additions in strikeout/underline)
SITE SPECIFIC CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. This Staff Report is based upon the preliminary plat prepared by Briggs
Engineering on Revision Date July 14, 2005, and is approved with the conditions
listed herein. All comments/conditions of the annexation and zoning (AZ-05-030)
application shall also be considered conditions of the Preliminary Plat (PP-05-
030).
2.
Construct E.Horse Creek Street to connect the north right-of-way line of E.
Fireside Court to tie in with the 50-feet of right-of-way for Simmental Lane.
3.
Maintenance of all common area lots shall be the responsibility of the
Windwalker 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.
Set aside a minimum of 5% of the 5.10 acre site for useable common open space,
as required. All areas being counted toward the open space requirement shall be
free of "wet ponds" or other such nuisances. The required open spaces are subject
to Ordinance 12-13-14 and shall be fully vegetated with grass and trees, as
depicted on the submitted landscape plan.
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.
The submitted landscape plan prepared by Murillos Landscape, dated 05-19-05 is
approved as submitted, with the following notes/modifications:
. 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).
Coordinate a tree protection/mitigation plan with Elroy Huff at the Meridian
Parks Department.
. Landscape a minimum 25-foot wide buffer in the existing Locust Grove Road
right-of-way and execute the required license agreement with ACHD. The
landscape buffer along Locust Grove Road shall be planted with trees and
Windwalker Subdivision
Exhibit C
12.
.
shrubs, lawn, or other vegetative groundcover, with a minimum density of 1
tree per 35 linear feet, as proposed. Said landscape buffer shall be located
beyond the required future street right-of-way, as proposed.
Depict a minimum of five-foot sidewalk in the Locust Grove Road Right-of.
way or as required by ACHD Conditions of Approval.
All fencing along Eight Mile Creek shall be non-combustible fencing
materials.
.
The approved landscape plan is not to be altered without prior written approval of
the Planning & Zoning Department.
8.
The Eight Mile Creek shall be fenced appropriately with a six-foot 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. 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.
10.
Sidewalks within the proposed subdivision shall be built in accordance with
MCC12-13-10-8. The applicant shall provide five-foot detached sidewalks
adjacent to Locust Grove Road. 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. "
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 necessary 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.
Windwalker Subdivision
Exhibit C
18.
19.
20.
21.
13.
Domestic water service to this site shall be via extensions ITom 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
fonns of easements, for any mains that are required to provide service.
14.
The landscape plan dated 5/19/2005 shows trees planted on each lot line.
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.
If any water meters are located in common driveways shall be constructed of
traffic rated materials per Meridian Public Works Standard Detail 7.05 (w) note 3
and Section 3.4 A.-5.
16.
Direct lot access to Locust Grove Road is prohibited. A note shall be placed on
the final plat restricting access to Locust Grove Road.
17.
A groundwater report from a Professional Geo-technical Engineer or Professional
Soils Scientist shall be submitted to the Public Works Department. The
consultant shall use any means deemed necessary to formulate is opinion on the
groundwater elevations in this proposed development. The report shall be
submitted to the Public Works Department a minimum of 10-days prior to their
City Council Hearing Date.
The preliminary plat indicates that a storm drainage retention area is being
proposed in common Lot 9, Block 1, but has not indicated with what means it will
discharge subsurface or other means. The applicant shall revise the preliminary
plat to indicate the means of discharge for the storm water.
Any existing domestic wells and/or septic systems appurtenant with the existing
house or other systems within this project will have to be removed ITom their
domestic service per City Ordinance Section 9-1-4 and 9-4-8. Wells may be used
for non-domestic purposes such as landscape irrigation.
Any existing structures must be removed prior to the signature on the final plat by
the City Engineer.
No variances, e"eøptions or reduetions to the City aàopted àimensional stanàards
or uses are approved v:ith this preliminary plat application. Unless otherwise
approved, all minimum lot sizes, structure setbacks, street ITontage, and house
size requirements of the R-8 zone shall be maintained.
Windwalker Subdivision
Exhibit C
9.
10.
22.
The side yard setbacks for all lots in Windwalker Subdivision shall be a
minimum of 10' from perimeter property lines.
STANDARD CONDITIONS OF APPROVAL (PRELIMINARY PLAT)
1. All grading of the site shall be perfonned 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 II 0% will be required for all
fencing, landscaping, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
4.
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
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.
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.
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
Windwalker Subdivision
Exhibit C
15.
16.
17.
18.
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.
13.
Applicant's engineer will be required to submit a signed, stamped statement
certifying that all street finish centerline elevations are set a minimum of three
feet above the highest established normal groundwater elevation. This is to ensure
that the bottom elevation of the 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.
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.
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.
Preliminary plat approval shall be subject to the expiration provisions set forth in
MCC 12-2-4.
AGENCY COMMENTS AND CONDITIONS
MERIDIAN FIRE DEPARTMENT
1. One and two family dwellings will require a fire-flow of 1,000 gallons per minute
available for duration of 2 hours to service the entire project. Fire hydrants shall be
placed an average of 500' apart. International Fire Code Appendix C
Windwalker Subdivision
Exhibit 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 4W' outlet face the main street or parking lot
aisle.
b. The Fire hydrant shall not face a street which does not have addresses on
it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each
side of the hydrant location.
e. Fire Hydrants shall be placed on corners when spacing permits.
f. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g. Fire hydrants shall be 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
Windwalker Subdivision
Exhibit C
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).
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-
A. Site Specific Conditions of Approval
1. The applicant shall construct an ACHD approved turnaround on East Horse Creek
Street. The minimum standard "snoopy" turnarounds shall have a minimum of 18-
foot radius. The applicant shall submit a design of the turnaround for review and
approval by District staff.
2. The applicant shall dedicate 45-feet right-of-way on South Locust Grove Road.
Construct a 5-foot wide concrete sidewalk along South Locust Grove Road. All or
part of the sidewalk may be placed in an easement provided to the District.
3. Construct South Simmental Avenue with 50-feet of right-of-way, 36-foot street
section, with rolled curb, gutter and a 5-foot wide detached concrete sidewalk with
a minimum 5-foot wide landscape strip. Provide an easement for any sidewalk
outside of the right-of-way.
4. Construct East Horse Creek Street and Fireside Court with a 29-foot street
section, with vertical curb, gutter and 5-foot concrete sidewalk within 42-feet of right-
of-way.
Windwalker Subdivision
Exhibit C
5. Provide written approval from the Meridian Fire Department to allow the reduced
street sections, and sign the roadway for "No Parking" on one side.
6. Comply with all Standard Conditions of Approval.
B.
Standard Conditions of Approval
1.
Any existing irrigation facilities shall be relocated outside of the right-of~way.
2.
All utility relocation costs associated with improving street frontages abutting the
site shall be borne by the developer.
3.
Replace any existing damaged curb, gutter and sidewalk and any that may be
damaged during the construction of the proposed development. Contact
Construction Services at 387-6280 (with file number) for details.
4.
Utility street cuts in pavement less than five years old are not allowed unless
approved in writing by the District. Contact the District's Utility Coordinator at
387-6258 (with file numbers) for details.
5.
All design and construction shall be in accordance with the Ada County Highway
District Policy Manual, ISPWC Standards and approved supplements,
Construction Services 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
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.
Windwalker Subdivision
Exhibit C
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 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 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.
Windwalker Subdivision
Exhibit C
EXHIBIT D
Windwalker Subdivision
PP-05-030
Required Findings
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. 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 ITom 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 of this report for more detail.)
E.
The other health, safety or environmental problems that may be brought to
the Commission's attention.
Windwalker Subdivision
Exhibit D
The proposed design creates a unique situation for properties in Sherbrook
Hollows to the south of the property and Inglenook to the north ofthe property.
The normal rear yard to rear yard setbacks would be 15 feet each yard. This
provides a minimum of 30 feet total separation from building to building.
However the proposed design shows rear yards for existing development
bordering the side yard of the proposed development.
The applicants submittal of the variance application more adequately addresses
the conflict between the rear and side yard setbacks.
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.
1.
PRELIMINARY PLAT SPECIAL CONSIDERATIONS
Public Streets and Access:
Connectivity (Sherbrook Hollows to Inglenook Subdivisions):
The stub street from Sherbrook Hollows, Simmental Avenue shall connect to E.
Horse Creek Street and again north to Inglenook Subdivision on E. Fireside
Court. 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.
2.
Landscaping: Staff is generally supportive of the proposed landscaping design
with the following considerations: Non-combustible fencing should be included
on the eastern border of the Eight Mile Creek, and Locust Grove Road
landscaping shall be designed according to MCC 12-13 Landscaping and
maintained by the home owners association. See Site Specific Condition #7
below.
Open Space: MCC 12-13-16 requires five percent of open space to be set aside for
subdivisions of at least five acres in size. The applicant is proposing to set aside
14,374-sq ft of the site for open space. Most of this open space is at the eastern
property boundary of the development and accessible to all lots of the
subdivision. (MCC 12-13-16-3). See Site Specific Condition #5 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
Windwalker Subdivision
Exhibit D
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.
4.
Ditches. Laterals. and Canals: Per MCC 12-4-13, 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. 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 Six fWe-foot tall solid fence
around the perimeter of the site. Staff is supportive of the proposed fencing. A
detailed fencing plan should be submitted upon application of the final plat (MCC
12-4-10.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 Creek shall be constructed with a non-
combustible material.
Windwalker Subdivision
Exhibit D
E~RlRIT E
Windwalker Subdivision
AZ-05-030
Required Findings- Annexation
ANNEXATION & WNING 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 derIDed 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-8 (Medium Density Residential).
The R-8 district allows for a maximum of eight (8) dwelling units per acre
(MCCll-7-2.C). Although staff would expect an R-4 zoning designation similar
to the surrounding zone codes the R-8 schedule of bulk and zoning controls
allows design criteria that better accommodate the proposed infill development..
The proposed residential density for this site is 4.71 gross dwelling units per acre
as calculated by the applicant. or 24 units per 5.1 acres.
Staff finds that the proposed zoning: designatioIL R-8. is harmonious 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 Windwalker Subdivision is 4.71 dwelling units per acre which is
slightly higher 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 ill, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City
services to the subject properties. The City of Meridian plans to provide
Windwalker Subdivision
Exhibit E
municipal services to the lands proposed to be annexed in the following
manner:
.
Sanitary sewer and water service will be extended to the project at
the developer's expense.
The subject lands cu"ently lie within the jurisdícûon of the
Meridian Rural Fire District. Once annexed the lands will be
under the jurisdicûon of the Meridian City Fire Department. who
cu"ently 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 '$ five-minute
response zone.
The subject lands cu"ently 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 reve11Ue loss as a result of the subject
armexation.
.
.
.
.
.
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 ftom 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)
Windwalker Subdivisíon
Exhibit E
The subject property is designated Medium-Density Residential on the Future
Land Use Map which idennfles this area as an appropriate area for medium-
density residennal development. This proposal meets the Comprehensive
Plan definition of medium-density, with a gross density of 4.71 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 two street connections provided from Inglenook and Sherbrook Hollows
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
suITounding 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 feels the open fencing and maintenance free of noxious
materials will enhance the su"ounding 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 co"idor for
wildlife 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 higher density relative to the immediate
vicinity and will be developing smaller lots, common drives, with a unique
neighborhood attractiveness. The project is foreseen as being a retirement
community with 1600-2200 square foot homes, staff has requested elevations
be submitted prior to the Planning Commission Meeting of August 4, 2005 to
determine how the homes would fit in the immediate vicinity. 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 as required by ACHD. The designed proposal is unique to the
neighborhood but staff feels if designed co"ectly the clustered home concept
would provide a good alternate home product for the general vicinity.
. 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 low maintenance lot closer
to the urban center. There are no single family attached products in the
Windwallœr Subdivision
ExhibitE
general vicinity and irifill developments are encouraged to use the ordinance
to the fullest extent. The applicant has not requested a planned development
and has designed the proposal within the constraints of MCC J J -9- J schedule
of bulk control for single family residences. Staff anticipates a retirement age
buyer or a first time home owner who seeks a smaller, moderately priced, low
maintenance home as the target client. These anticipated future owners
would also be harmonious with the larger lot, family oriented homeowners in
Sherbrook Hollows and Inglenook developments. Staff would encourage the
Planning Commission and Council to review the home designs with building
footprints to determine the "fit" of the proposal into the neighborhood.
. 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 othertban
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 an
increase in density for the proposal with smaller lots, not requiring special
considerations within the ordinance and comprehensive plan, see also
findings above.
. Apply design and performance standards to infilling development in order to
reduce adverse impacts upon existing adjacent development. (Chapter vn
Goal V Objective A Action 11)
Staff does not foresee negative impact on surrounding development outside of
the constroction phase. The site has an existing residence which will be
removed 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 as an attractive neighborhood within a neighborhood.
Staff finds that the proposed R-8 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 aUowed under the new zoning -for example, a
residential area tuming into a commercial area by means of conditional use
permits;
W indwaIker Subdivision
Exhibit E
Staff finds that single-family residential uses are allowed within the requested
zoning district of R-8. Medium 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 devdoped 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-faßÚly
residences. Development in the area has limited the main trunk sewer capacity.
Currently sewer is available in E. Fireside Court via Inglenook Subdivision. There
have been sewer capacity concerns south of the fteeway; however those have
involved projects sewering out of their service area into the Ten Mile Trunk. This
project is not sewering out of its service area and is therefore not contributing to
capacity issues.
Based on the ACIID Long Range 2030 proposal, Locust Grove Road is
anticipated to eventually be a three 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 Streets Simental Ave. and Fireside Ct. are ACHD rights-of-way and
provide stub connection to the property ACIID and the City of Meridian will
require the proposed development connect these roadways as proposed.
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 is slightly higher than
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
Windwa1ker Subdivision
Exhibit E
with, and appropriate in appearance with, the existing and intended character of
the surrounding area.
The proposal meets the standards ofMCC 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 meets the standards
set for open space. Lot 9 Block 1 provides 14,314 sq/ft of open space which is
approximately 6% of the site.
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 or uses
will adversely change the essential character of area. Staff recommends that the
Commission and Council rely on statI's analysis, public testimony received and
any comments submitted ITom 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
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.
This will created additional traffic, especially construction traffic during build-
out. This change could be considered disturbing to residents in Inglenook and
Sherbrook Hollows Subdivision for access to Locust Grove Road must be
provided through these neighborhoods.
According to ACIID, E. Horse Creek Street shall be designated "No Parking"
which will create a problem for visitor parking at this location. Further, Meridian
Fire will require the cul-de-sacs to be designed for 90' radius of paved
turnaround, inside of cum. The pial was re-drawn on July 14, 2005 to culdress
this concern.
The common lot listed as Lot 9 Block 1 will require fencing to separate the Eight
Mile Creek ITom 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 proposed design creates a reduced anticipated rear yard setback for properties
in Inglenook and Sherbrook Hollows subdivisions. (See Preliminary Plat
Wíndwallœr Subdivision
Exhibit E
Analysis, F) Projects such as Hacienda Subdivision have included lots with side
to rear yard setbacks.
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 rlre protection, drainage structures,
refuse disposal, water, sewer or that the person responsible for the
establishment of proposed zoning amendment shaD be able to provide
adequately any of such services;
The applicant will be responsible for the extension of all sewer and water mains
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 staffheld a tech review on the subject applications.
ACHD has submitted a staff report with site specific and standard conditions
(Agency Comments and Conditions are included with this report).
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, stafffinds 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 subnútted by any
public service provider, regarding their ability to adequately service this project.
B.
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 inftastructure, 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.
Windwalker Subdivision
Exhibit E
L
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 intederence with traffic on surrounding public
streets;
The applicant is proposing to construct one public street extension into the site
from Inglenook Subdivision and one extension from Sherbrook Hollows
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 should be designed in a manner to not allow traffic
flow directly to Locust Grove Road. 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 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.
Windwalker Subdivision
Exhibit E
L.
Is the proposed zoning amendment in the best interest of the City of
Meridian. (Ont. 592, 11-17-1992)?
The R-8 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 of the subject property but the lot sizes should be transitional 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 of this property would be in the best interest of the City.
Windwalkc.T Subdivision
Exhibit E
D.
EXHIBIT F
Windwalker Subdivision
V AR-05-018
Required Findings- Variance
VARIANCE REQUIRED FINDINGS
According to Ordinance 11-18-1, Variances, the Council may authorize in specific cases a
variance from the terms of either the Zoning or Subdivision Ordinance. Specifically, the
Ordinance lists the following Findings (MCC11-18-3), all of which must be detennined before
granting a variance:
A.
That there are such special circumstances or conditions affecting the property that
the strict application of the provisions of this Title would clearly be impracticable
or unreasonable;
The City Council finds that the circumstances of how this setback issue arose are
unusual. The unusual circumstance is based upon ACHD's action in regards to permitting
unusual locations for stub streets on a natTow parcel binding the parcel to meet restrictive
design criteria based on actions in the past. Therefore, the Council finds that the strict
application ofthe building setbacks required by code is unreasonable in this instance.
B.
That strict compliance with the requirements of this Title would result in
extraordinary hardship to the owner, subdivider or developer because of unusual
topography, the nature or condition of adjacent development, other physical
conditions or other conditions that make strict compliance with this Title
unreasonable under the circumstances, or that the conditions and requirements of
this Title will result in inhibiting the achievements or the objectives of this Title;
As noted above, City Council finds that strict compliance with the City's Ordinances is
unreasonable under the circumstances. City Council finds that granting the subject
variance will not inhibit the achievements or the objectives of Title 11.
C.
That the granting of the specified variance will not be detrimental to the public's
welfare or injurious to other property in the area in which the property is situated;
City Council anticipates that granting a variance will not be detrimental to the public's
welfare or injurious to other properties in the area. Further, the applicant has contacted
the surrounding neighbors and has received favorable consideration for the requested
variance in anticipation of additional unusual circumstances arising if strict compliance
with ordinance be required.
That such variance will not have the effect of altering the interest and purpose of
this Title and the Meridian Comprehensive Plan."
City Council finds that the issuance of the subject variance does not have the effect of
altering the purpose and interest of the Zoning Ordinance.
Windwalkcr Subdivision
Exhibit F