HomeMy WebLinkAboutPisa Place Subdivision AZ-05-039 PP-05-038
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 4.99 acres from RUT (Ada County) to R-8 AND
Preliminary Plat Approval of 16 building lots and 1 common lot on 4.99 acres, for Pisa
Place Subdivision, by Howard Jenkins.
Case No(s): AZ-05-039, PP-05-038
For the City Council Hearing Date of: September 27,2005
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 27,2005,
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-O5-039 / PP-O5-038 - 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 is Howard Jenkins.
4. Required Findings per Zoning and Subdivision Ordinance
a. See the staff report attached as Exhibit A 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 ITom 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 Descriptions in Exhibit A, the Preliminary
Plat as shown in Exhibit A, the Annexation and Zoning Comments as shown in Exhibit
A, and the Preliminary Plat Site Specific and Standard Conditions as shown in Exhibit
A. 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-O5-039 I PP.O5.038 - PAGE 2 of 4
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated July 6, 2005 is hereby conditionally approved;
2. The Site Specific and Standard Conditions are as shown in Exhibit A.
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.)
Notice of Final Action and Right to Regulatory Takings Analysis
E.
I. 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 ofthe 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:
Staff Report
Z- 7 If- day of
~ ac~i~n üf. ;he City ;oo~ncil at its regular meeting held on the
~r.r- , .
VOTED~
VOTED~
COUNCIL MEMBER SHAUN WARDLE
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-O5-039 I PP-O5-038 - PAGE 3 of 4
COUNCIL MEMBER KEITH BIRD
VOTEDþ
MAYOR TAMMY de WEERD
(TIE BREAKER)
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VOTED
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Copy served upon Applicant, The PI~~Çn~.l((ni~g~~Partment, Public Works Department
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Attest:
and City Attorney.
By: ~ ~ 6 . fV""\...
City Clerk's Office
Dated: q - 2B -ðÇ'
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS Of LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-039 / PP-O5-038 . PAGE 4 of 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
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City Council Hearing
Hearing Date: 9/27/2005
Mayor, City Council
Josh Wilson, Associate City Planner
Michael Cole, Development Services Coordinator
Pisa Place Subdivision
STAFF REPORT
TO:
FROM:
SUBJECT:
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. PP-05-038
Preliminary plat approval of 16 single family building lots and 1 common lot
on 4.99 acres
. AZ-05-039
Armexation and zoning of 4.99 acres from RUT to an R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Howard Jenkins,
has applied for Armexation and Zoning (AZ) and Preliminary Plat (PP) approval of 16 building lots and 1
common/other lot on 4.99 acres. The site is located on the west side of S. Locust Grove Road
approximately one-half mile south of Victory Road. This site is currently rural residential with one single
family residential building, The site has not been previously platted.
2. SUMMARY OF PLANNING AND ZONING COMMISSION HEARING
.
On September 1, 2005, the Planning & Zoning Commission made a recommendation for
approval on the subj ect application, as reflected in the Clerk's record and the minutes and duly
considered the evidence and the record in this matter.
Staff presenting application: Josh Wilson presented the application.
.
.
In favor: Kent Brown, Briggs Engineering
In opposition: None.
.
.
Commenting: None.
Key Commission Changes to Staff Recommendation:
a Add Condition 1.1.8 which states: "The applicant shall submit a recorded cross access
agreement with the property to the north if the driveway for access to the existing home
on Lot 7, Block of Pisa Place Subdivision is placed on Lot 11, Block 6 of Chatsworth
Subdivision."
.
.
Outstanding Issues for City Council:
a None.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
3893 S. Locust Grove Road / W. side of Locust Grove Road, south of Victory Road
3NIE30
b. Owner:
AZ-05-039, PP-05-038
PAGE 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Howard Jenkins
6951Pearl Road
Eagle, Idaho 83616
c. Applicant:
Howard Jenkins
6951Pearl Road
Eagle, Idaho, 83616
d. Representative:
Kent Brown, Briggs Engineering
e. Present Zoning: COUNTY
f. Present Comprehensive Plan Designation:
Medium Density Residential
g. Description of Applicant's Request:
1. Date of preliminary plat (attached as Exhibit AI): 7/06/05
2. Date oflandscape plan (attached as Exhibit A2): 7/11/05
h. Applicant's Statement/Justification (reference submittal material):
The applicant has submitted a statement with the application which states that the request is consistent
with the Comprehensive Plan and is an extension ofthe existing neighborhood which achieves a nice
blend oflots and protects the existing home.
4. PROCESS FACTS
a. The subject application will in fact constitute an annexation and/or rezone as detennined
by City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 16, a public
hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 12 Chapter 3, a public hearing is
required before the City Council on this matter.
c. Newspaper notifications published on: September 12,2005 and September 26,2005
d. Radius notices mailed to properties within 300 feet on: September 5, 2005
e. Applicant posted notice on site by: September 22, 2005
5. LAND USE
a. Existing Land Use(s): Agricultural w/ a rural residence
b. Description of Character of Surrounding Area: Mixture of agricultural and residential
c. Adjacent Land Use and Zoning
1. North: Chats worth Subdivision, zoned R-8
2. East: Locust Grove Road and Tuscany Lakes Subdivision, zoned R-4
3. South: Agricultural lands, zoned RUT (Ada County)
4. West: Chatsworth Subdivision, zoned R-8.
AZ-05-039, PP-05-038
PAGE 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
d. History of Previous Actions: N/A
e, Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Location of water:
Mains stubbed into property from Chastworth Subdivision.
Mains stubbed into property from Chatsworth Subdivision.
None.
Issues or concerns:
2. Vegetation: Mature trees around existing residence
3. Flood plain: NA
4. CanalslDitches Irrigation: NA
5. Hazards: NA
6. Proposed Zoning: R-8
7. Size of Property: 4.99 acres
8. Description of Use: Single family residential
f. Subdivision Plat Information
1. Residential Lots: 16
2. Non-residential Lots: N/A
3. Total Building Lots: 16
4. Common Lots: 1
5. Other Lots: N/A
6. Total Lots: N/A
7. Open Lots: N/A
8. Residential Area: 4.99 acres
9, Gross Density: 3.21 units per acre
g. Landscaping
1. Width of street buffer(s): 20 feet on S. Locust Grove required (Urban Collector);
applicant has shown 25 feet on Preliminary Plat.
2. Percentage of site as open space (PP and PD applications): Subdivisions of properties
which are less than 5 acres do not have a required open space percentage, however,
the applicant has proposed detached sidewalks and parkways which will function as
roadside stormwater infiltration swales,
h. Proposed and Required Residential Setbacks: per the R-8 zone
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
1. The applicant has proposed to take access from an internal roadway (E. Pisa Street)
within the proposed Chatsworth Subdivision which has been approved, but not
constructed, as of the date of this report. The applicant has proposed a public road
system with right~of~way width of 64 feet and detached sidewalks with 8 foot
parkways which will function as roadside stonnwater infiltration swales.
AZ-05-039, PP-05-038
PAGE 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
6. AGENCY COMMENTS MEETING On August 12,2005 staff held an agency comments
meeting. Staff has included all comments and recommended actions as Conditions of Approval from the
meeting attached as Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS Staff finds that the proposed zoning
designation, R-8, is harmonious with and in accordance with the 2002 Comprehensive Plan and Future
Land Use Map, which designates the land to be Medhun Density Residential. There is a maximum
density of 8 dwelling units per acre in the Comprehensive Plan; the proposed gross density of Pisa Place
Subdivision is 3.21 dwelling units per acre.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application (staIf
analysis is in italics below policy):
. 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:
. 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 #1 and the project lies within the Meridian Fire Department's five-minute
response zone.
. The subject lands currently lie within the jurisdiction of the Ada County Sheriff's qffice.
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.
.
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 Plan definition of medium-density, with a gross density
of 3.21 dwelling units per acre.
.
Restrict curb cuts and access points on collectors and arterial streets (Chapter VII Goal IV
AZ-05-039, PP-05-038
PAGE 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884~5533
Objective D Action 2).
The applicant has not proposed a curb cut on Locust Grove Road, which is a collector, and the
subdivision will take access from roads within Chatsworth Subdivision.
. Require appropriate landscape and buffers along transportation corridor (setback, vegetation,
low walls, berms, etc.). (Chapter VII Goal IV Objective D Action 5).
The applicant has provided a 25 foot landscape buffer along S. Locust Grove Road, which
exceeds the required buffer along Urban Collector roadways, such as S. Locust Grove Road. The
buffer will be planted with vegetation consistent with Meridian City Code.
Staff finds that the proposed R-8 zoning designation is harmonious with and in accordance with
the 2002 Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached
houses as a permitted use in the R-8 zoning district.
b. Purpose Statement of Zone:
R-8 Medium Density Residential District: The purpose of the R.8 district is to pennit
the establishment of single- and two.family dwellings at a density not exceeding eight
(8) dwelling units per acre. This district delineates those areas where such development
has or is likely to occur in accord with the comprehensive plan of the city and is also
designed to permit the conversion oflarge homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection to the municipal water
and sewer systems of the city is required.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed residential subdivision. Please
see Exhibit D for detailed analysis of facts and findings.
1. The annexation legal description submitted with the application (stamped on 7/06/05 by
Wayne K. Barber, PLS) shows the property as contiguous to the existing corporate
boundary of the City of Meridian.
2. Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
PRELIMINARY PLAT ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed townhouse residential
products. Please see Exhibit D for detailed analysis of facts and [IDdings.
1. Street Buffer alon!! S. Locust Grove Road: The applicant has proposed a 25 foot
landscape buffer along S. Locust Grove Road which exceeds the 20 foot buffer required
by ordinance. The landscape plan submitted with the application shows trees and
vegetative groundcover which complies with Meridian City Code. See Site Specific
Condition 1.1.2.
AZ-05-039, PP-05-038
PAGES
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. Parkwavs: The applicant has proposed to construct detached sidewalks with 8 foot
parkways which will serve as roadside stonnwater infiltration swales. The submitted
landscape plan does not show the proposed landscaping for the parkways and the
applicant should be required to revise the landscape plan to show how the parkways will
be landscaped. See Site Specific Condition 1.1.3.
3. 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 Standard Condition 1.2.7.
4. 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 fmal 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 andMCC 9-1-28. See Site Specific Condition 1.2.4.
5. F encin!!: The applicant shall submit a detailed fencing plan with the final plat application
for the subdivision. If pennanent fencing is not provided, temporary construction fencing
to contain debris must be installed around the perimeter prior to issuance of a building
pennit. 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. See Site Specific
Condition 1.2.6.
b, Staff Recommendation: Staff recommends approval of AZ-05-039 and PP-05-038 for Pisa
Place Subdivision as presented in the staff report dated September 1,2005 based on the Findings of Fact
as listed in Exhibit D and subj ect to the conditions of approval as listed in Exhibit B as attached to this
report. Staff has prepared fmdings consistent with this recommendation.
10. PROPOSED MOTION
Approve
I move to approve File Number AZ-05-039 and PP-05-038 as presented in the staff report for the
hearing date of September 27,2005 and in the preliminary plat dated July 7,2005, with the following
modifications to the conditions of approval: (add any proposed modifications).
Deny
I move to deny File Number AZ-05.039 and PP-05.038 as presented in the staff report for the
hearing date of September 27, 2005 and in the preliminary plat dated July 7, 2005, for the following
reasons: (you must state specific reasons for denial. They should address how the applicant might re-do
the application to gain your recommendation for approval.)
11. EXHffiITS
A. Drawings
AZ~05-039, PP-05-038
PAGE 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFf REPORT. QUESTIONS? CALL (208) 884-5533
1. Preliminary Plat (dated: July 6, 2005)
2. Landscape Plan (dated: July 11, 2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
AZ-05-039, PP-05-038
PAGE 7
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
1. Preliminary Plat (dated: July 6, 2005)
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3. Landscape Plan (dated: July 11,2005)
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A- 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. PLANNING DEPARTMENT
1.1
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
1.2
1.2.1
1.2.2
1.2.3
B-1
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
The preliminary plat labeled as PRE-l prepared by Briggs Engineering, dated July 7, 2005, is
approved, with the conditions listed herein. All comments/conditions of the accompanying
Annexation/Zoning (AZ-05-039) shall also be considered conditions of the Preliminary Plat
(PP-05-038).
The applicant shall provide a 25 foot landscape buffer along S. Locust Grove Road as depicted on
the submitted landscape plan dated July 11,2005.
The applicant shall modify the landscape plan to reflect the following:
. Demonstrate visually the transition from the attached sidewalks on E. Pisa Street to the
detached sidewalks on E. Pisa Court and Leaning Tower Place.
. Depict the parkway landscaping and any street trees proposed.
Other that the changes above, the approved landscape plan is not to be altered without prior
written approval of the Planning & Zoning Department.
All road drainage shall be contained on site in the drainage swales as depicted.
Maintenance of all common areas shall be the responsibility of the Pisa Place Subdivision
Homeowners' Association.
Direct lot access to S. Locust Grove Road is prohibited. A note shall be placed on the filial plat
restricting access to S. Locust Grove Road.
The applicant shall submit a recorded cross access agreement with the propertv to the north if the
drivewav for access to the existinll home on Lot 7. Block of Pis a Place Subdivision is placed on
Lot 11. Block 6 of Chatsworth Subdivision.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12.13-10-8.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to MCC 12-
13-14 and shall be fully vegetated with grass and trees. Sand, gravel or other non-vegetated
surface materials shall not be used in open space lots, except as permitted under MCC 12.13-
14. Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of MCC 12-13-14, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with ACHD, City of Meridian and all other regulatory requirements at
the time of final construction.
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
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
1.2.4
1,2.5
1.2.6
1.2.7
1.2.8
1.2.9
2.
2.1
2.2
2.3
2.4
B~2
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.
A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application.
The applicant shall submit a detailed fencing plan with the final plat application for the
subdivision. 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.
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.
All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or
lying adjacent and contiguous to the area being subdivided shall be tiled per MCC l2-4~13, unless
otherwise approved by Settlers Irrigation District. Plans will need to be approved by the
appropriate iITigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can not be obtained, alternate plans will be reviewed and approved by the City Engineer
prior to final plat signature.
Staff s failure to cite specific ordinance provisions or tenus of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
PUBLIC WORKS
Sanitary sewer to this development is being proposed via an extension of mains cUlTently being
installed in Chatsworth subdivision. The applicant shall be responsible to construct all mains
necessary to provide service, coordinate main size and routing with the Public Works
Department. Cover over sewer mains shall be no less than three feet measured from top of pipe
to finish grade. If cover is less than three feet from top of pipe to sub-grade, alternate pipe
materials shall be used per the Meridian Public Works Standard Specifications.
Water service to this site is being proposed via extensions of mains cUlTently being installed in
Chatsworth subdivision to the west. The applicant shall be responsible to construct all mains
necessary to serve this development, mains size and routing to be coordinated with the City of
Meridian Public Works Department.
The applicant has indicated that the pressure irrigation system in this development will be owned
and operated by Nampa and Meridian Irrigation District. Evidence of a license agreement shall
be submitted to Public Works prior to scheduling of a pre-construction meeting.
Any domestic wells and/or septic systems and appurtenances within this project shall be removed
from 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.
One hundred watt, highwpressure sodium streetlights shall 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
detennined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and pennit from the Public Works Department prior to
commencing installations.
3. FIRE DEPARTMENT
3,1. One and two family dwellings will require a firewflow 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
Acceptance of the water supply for fIfe protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
2.10
2.11
2.12
2.13
2.14
2.15
2.16
3.2.
3.3.
B-3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.5
The applicant 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.
2.6
Any existing buildings that do not meet the new setback requirements shall be removed prior to
the City Engineer's signature on the final plat.
2.7
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building pennits.
2.8
A letter of credit or cash surety in the amount of 110% will be required for all uncompleted
fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to
signature on the final plat.
2.9
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.
Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as detennined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
Applicant shall be responsible for application and compliance with and NPDES Pennitting that
may be required by the Environmental Protection Agency.
Applicant shall be responsible for application and compliance with any Section 404 Pennitting
that may be required by the Anny Corps of Engineers.
The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least I-foot above.
3.3.1. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle,
3.3.2. The Fire hydrant shall not face a street which does not have addresses on it.
3.3.3. Fire hydrant markers shall be provided per Public Works spec.
3.3.4. Locations with fire hydrants shall have the curb painted red 10' to each side of the hydrant
location.
3.3.5. Fire Hydrants shall be placed on comers when spacing pennits.
3.3.6. Fire hydrants shall not have any vertical obstructions to outlets within 10'.
3.3.7. Fire hydrants shall be place 18" above finish grade.
3.3.8. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
3.4. All common driveways shall be straight or have a turning radius of28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
Operational fIfe hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact Joe Silva (888~1234) to address
this concern prior to the public hearing,
All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
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).
3,5.
3.6.
3.7.
3.8.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
3.8.1, For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 ill).
3.8.2, 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).
4. POLICE DEPARTMENT
No comment received.
5. PARKS DEPARTMENT
5.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13~13~6) will be followed.
Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance (MCC 12-13-13) will be followed.
6. SANITARY SERVICE COMPANY
SSC has no comments related to this application.
7. ADA COUNTY HIGHWAY DISTRICT
A. Site Specific Conditions of Approval
1. Construct Locust Grove Road to one-half of a 46-foot street section with curb, gutter and 5-foot
wide detached concrete sidewalk. Dedicate 35-feet of right-of-way from the centerline ofthe
roadway. The applicant will not be paid for the right-of-way because it is a collector roadway.
5.2
2.
3.
B-4
Construct cul-de-sac turnarounds at the tenninus of East Pisa Court and Leaning Tower Place
with a minimum turning radius of at least 45-feet, as proposed.
Connect East Pisa Court with East Pis a Street at the west property line approximately 100-feet
north of the south property line, as proposed.
9.
B - 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
4.
Construct Leaning Tower Place with 32-feet of pavement, 2-foot ribbon curb, minimum 8-foot
drainage swales and 4-foot concrete detached sidewalks, within 64-feet of right-of-way, as
proposed.
5.
Construct the east side of East Pisa Court with 32-feet of pavement, 2-foot ribbon curb, minimum
8-foot drainage swales and 4-foot concrete detached sidewalks, within 64-feet of right-of-way, as
proposed.
6.
Construct the west side of East Pisa Court with a 36-foot street section within 50-feet of right- of-
way with 5-foot concrete attached sidewalks, curb and gutter, as proposed.
7.
Direct lot or parcel access to Locust Grove Road is prohibited and shall be noted on the fmal plat.
8.
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 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.
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.
B-6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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 planned 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.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884~5533
C. Legal Description
DESCRIPTION FOR ANNEXATION
PROPOSED PISA PLACE SUBDIVISION
June 20, 2005
A PARCEL OF LAND BEING A PORTION OF THE SE 1/4 OF THE NE 1/4 OF SECTION 30,
TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NE 1/4 (E 1/4 CORNER) OF
SECTION 30 T.3N., R.1E., 8,M., MERIDIAN, ADA COUNTY,IDAHO, THE REAL POINT OF
BEGINNING OF THIS ANNEXATION DESCRIPTION:
THENCE S 89°43'55" W 604.07 FEET ALONG THE SOUTH LINE OF SAID NE 1/4 TO A
POINT;
THENCE N 00°15'58" E 381.14 FEET TO A POINT;
THENCE N 89"42'09" E 603.89 FEET TO A POINT ON THE EAST LINE OF SAID NE 1/4;
THENCE S 00°14'19" W 381.45 FEET, ALONG SAID EAST LINE TO THE REAL POINT OF
BEGINNING OF THIS ANNEXATION DESCRIPTION.
SAID PARCEL CONTAINING 5.29 ACRES MORE OR LESS
WAYNE K. BARBER
P.LS. 8444
~PR(I¡,"¡þ..L -> - I
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C - 1
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. ANNEXATION FINDINGS:
According to Ordinance 11-15-11, General Standards Applicable to Zoning Amendments, both the
P&Z Commission and CO\U1cil are required "to review the particular facts and circumstances of each
proposed zoning amendment in tenus of the following standards and shall [rod adequate evidence
answering the following questions about the proposed zoning amendment."
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;
See Comprehensive Plans and Policies as listed in the Pisa Place Subdivision staff report item #7
above. City Council finds the proposal in accordance with the Comprehensive Plan.
B.
Is the area included in the zoning amendment intended to be rezoned in the future;
City Council does not anticipate that the applicant 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;
City Council finds that single family detached houses are a pennitted use within the requested
zoning district of R-8. The accompanying plat demonstrates the land will be developed with lot
sizes, housing types and other dimensional requirements that confonn 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;
City Council finds that a substantial portion of the land around the site has been developed in a
manner hannonious to the proposed subdivision. The neighboring Ada County parcel to the
south is very large and contains agricultural uses. This development is proposing significantly
smaller lots, but within the acceptable limits for a medium density development.
S. 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. The
applicant shall comply with all ACHD conditions of approval for the site.
E.
Will the proposed uses be designed, constructed, operated and maintained to be
harmonious and appropriate in appearance with the existing or intended character of the
general vicinity and that such use will not change the essential character of the same area;
City Council finds that the requested zoning and proposed density is within the anticipated range
for a medium density project. City Council also finds that the proposed zoning/uses can be
designed and constructed in a manner that will be hannonious with, and appropriate in
appearance with, the existing and intended character of the surrounding area. City Council does
not find that the proposed zoning or uses will adversely change the essential character of area.
D - 1
J.
D-2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
F.
Will the proposed uses not be hazardous or disturbing to existing or future neighboring
uses;
City Council 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.
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 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 August 12,2005, a joint agency/department comments meeting was held with representatives
of key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, City Council finds that the public services listed
above can be made available to accommodate the proposed development.
H.
Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and iITigation services to serve the project. The primary public costs to
serve the future residents will be fire, police and school facilities and services. City Council 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 commw1Îty's economic welfare.
I.
Will the proposed uses not involve uses, activities, processes, materials, equipment and
conditions of operation that will be detrimental to any persons, property or the general
welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
City Council 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 sUITounding area.
City Council 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. City Council does not anticipate the proposed annexation and
subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
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;
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
The applicant has not proposed an access to S. Locust Grove Road and the subdivision will take
vehicular access from internal roadways within the proposed Chatsworth Subdivision. If 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.
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. City Council 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.
L.
Is the proposed zoning amendment in the best interest of the City of Meridian. (Ord. 592,
11-17-1992)?
The R-8 zoning designation will provide diversity of housing product for the City of Meridian.
City Council finds that all essential services are available or will be provided by the developer to
the subject property and will not require unreasonable expenditure of public funds. The applicant
is proposing to develop the land in general compliance with the City's Comprehensive Plan and
this is a logical expansion of the City limits. In accordance with the findings listed above, City
Council finds that annexation and zoniUl! of this propertv would be in the best interest ofthe City.
2. PRELIMINARY PLAT FINDINGS
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In detennining 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;
City Council finds that the proposed application is in substantial compliance with the adopted
Comprehensive Plan. City Council supports the proposed layout as a practical solution to address
the constraints dictated by previous developments. Please see Annexation and Zoning Analysis
"A".
B.
The availability of public services to accommodate the proposed development;
City Council fmds 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 fmds that the subdivision will not require the expenditure of capital improvement funds.
D.
The public financial capability of supporting services for the proposed development;
See finding "G" under Annexation and Zoning Analysis above, and the Agency Comments and
Conditions at the end of this report.
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CITY Of MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
E.
The other health, safety or environmental problems that may be brought to the
Commission's attention.
City Council is not aware of any health, safety or environmental problems associated with the
development of this subdivision that should be brought to the Councilor Commission's attention.
ACHD considers road safety issues in their analysis.
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