HomeMy WebLinkAboutWoodburn Subdivision CUP
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 10.15 Acres from RUT (Ada County) to R-8
(Medium Density Residential) AND Preliminary Plat Approval of Forty-Seven (47)
Residential Lots and Ten (10) Common Lots on 10.15 Acres AND Conditional Use Permit
for a Planned Development that Includes Reductions to the Minimum Lot Size, Street
Frontage, and Setbacks of the R-8 Zone, for Woodburn Subdivision, by Centennial
Development, LLC.
Case No(s): AZ-05-041 , PP-05-041 , CUP-05-042
For the City Council Hearing Date of: October 11, 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 ofrecord 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 October 4, 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
ofthe 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.
The City Council heard and took oral and written testimony and duly considered the
evidence and the record in this matter.
d.
2. Process Facts
a. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as
evidenced by the Affidavit of Mailing, and the Affidavit of Publication and Proof of
Posting filed with the staff report.
CITY OF MERIDIAN FINDiNGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-04J / PP-O5-041 I CUP-O5-042- PAGE 1 of4
3. Application and Property Facts
a. In addition to the application and property facts noted in the staff report and the
Planning & Zoning Recommendation for the subject application(s), it is hereby
verified that the property owner(s) of record at the time of issuance of these
findings is Oscar Paulson.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached Staff Report for the findings required for these applications.
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-
6503).
2. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code, and all
current zoning maps thereof. The City of Meridian has, by ordinance, established the
Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was
adopted August 6,2002, Resolution No. 02-382 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code
§ 11-17-9.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Descriptions in the attached Staff Report, the
Preliminary Plat dated July 10, 2005 as shown in the attached Staff Report, the Site
Plan dated July 10, 2005 as shown in the attached Staff Report, the Preliminary Plat
Conditions as shown in the attached Staff Report, and the Conditional Use Permit
Conditions as shown in the attached Staff Report. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of
the applications.
C. Decision and Order
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-041 / PP-O5-041 / CUP-O5-042- PAGE 2 of 4
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary
Plat dated July 10, 2005 is hereby conditionally approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July
10,2005; and,
3. The Site Specific and Standard Conditions are as shown in the attached Staff Report.
Notice of Applicable Time Limits
D.
1. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC l2-2-4.B & c.)
2. Notice of Eighteen (18) Month Conditional Use Permit Duration
Please take notice that the conditional use permit shall be valid for a maximum period
of eighteen (18) months unless otherwise approved by the council. During this time,
the permit holder must commence the use as permitted in accordance with the
conditions of approval, satisfy the requirements set forth in the conditions of approval,
acquire building permits and commence construction of pennanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. Ifthe successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.B.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-041 / PP-O5-041 / CUP-O5-042- PAGE 3 of 4
with the City Clerk not more than twenty-eight (28) days after the final decision
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty. eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Exhibits
Exhibit A:
Staff Report
By action of the City Council at its regular meeting held on the
,2005.
day of
COUNCIL MEMBER SHAUN WARDLE
VOTED
COUNCIL MEMBER CHRISTINE DONNELL
VOTED
COUNCIL MEMBER CHARLIE ROUNTREE
VOTED
COUNCIL MEMBER KEITH BIRD
VOTED
MAYOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
City Clerk's Office
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-041 / PP-O5-041 / CUP-O5-042- PAGE 4 of 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. OUESTIONS? CALL (208) 884-5533
STAFF REPORT
Meridian City Council
Hearing Date: 9/15/2005
City Council
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FROM:
SUBJECT
Craig Hood, Associate City Planner
Woodburn Subdivision
AZ-05-041
Annexation and zoning of 10.15 acres from RUT (Ada County) to R-8
(Medium Density Residential).
PPpOS-041
Preliminary plat including 47 residential lots and
10 common lots on 10.15 acres.
Cup.05-042
CUP/PD includes reductions to the minimum lot size, street
ITontage and setbacks of the R-8 zone.
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Centennial Development, LLC, has applied for Annexation and Zoning (AZ), Preliminary
Plat (PP), and Conditional Use Permit for a Planned Development (CUP/PD) approval of 47 building lots
and 10 common/other lots on 10.15 acres. The site is located on the west side of Venable Lane,
approximately 600 feet north of Us tick Road. This site is currently rural residential with one single-family
residential building and accessory buildings. The site has not been previously platted.
2. SUMMARY RECOMMENDATION: The subject property is within the Urban Service Planning
Area. The subject applications (AZ, PP, and CUP/PD) were submitted to the Planning & Zoning
Department for concurrent review. Staff has provided a detailed analysis and conditions of approval for
the requested annexation and zoning, preliminary plat, and conditional use pennit applications below. The
Meridian Planning and Zoning Commission heard the item on September 15, 200S. At the public
hearing the Plannin!! & Zoning Commission voted to recommend approval of the proposed Woodbum
Subdivision submitted as AZ-05.041. PPw05-041. and CUP-05-042 with the conditions of approval as
outlined in this report.
a. Summary of Public Hearing:
i. In favor: Shawn Nickel (Applicant's Representative)
11. In opposition: Shane Baker, Katie Baker
111. Commenting: None
iv. Staff presenting application: Craig Hood
v. Other staff commenting on application: None
b. Key Issues of Discussion by Commission:
i. Density and zoning ofthe subject property and adjacent properties.
c. Key Commission Changes to Staff Recommendation:
None
d. Outstanding Issue(s) for City Council:
None
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
Woodburn Subdivision AZ~05-041, PP-05-041, CUP-O5-042
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
840 W. UstickRoad / west of Venable Lane, north of Us tick Road, within 4N1W36
b. Property Owner of Record:
Oscar Paulson
9139 Covey Hill Court
Boise, Idaho 83709
c. Applicant:
Centennial Development
36 E. Pine Street
Meridian, Idaho 83642
d. Representative:
Shawn Nickel, Land Consultants, Inc.
e. Present Zoning:
COUNTY
f. Present Comprehensive Plan Designation: Mixed Use--Community
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
annexation and zoning ofthe subject 10.15 acres to R-8, preliminary plat approval of 47
buildable lots, and conditional use pennit approval for a planned development with reductions
to the minimum lot size, street frontage and setbacks of the R-8 zone. The applicant is
proposing 24 attached lots and 23 detached single-family lots. A gross density of 4.63
dwelling units per acre is proposed. As amenities, the applicant is proposing usable open space
in excess of 13 percent of the site, playground equipment and a picnic area on Lot 13, Bock 3,
and an internal pathway system. Access to the development is proposed from Venable Lane to
the east and via an existing stub street from Sienna Creek Subdivision to the north.
1. Date of preliminary plat (attached as Exhibit AI): 07/10/05
2. Date of CUP site plan (attached as Exhibit A2): 07/10/05
3. Date oflandscape plan (attached as Exhibit A3): 07/11/05
h. Applicant's Statement/Justification (see Applicant's Submittal Letter): Shawn Nickel,
representing Centennial Development, LLC., states that this development is being submitted
under the guidelines set forth in the Meridian Zoning Ordinance. This development meets the
purpose statement for a PD by providing a development that preserves scenic features,
provides a more efficient pattern of residential uses, fosters innovative design concepts and
provides for both common open space and amenities not found in traditional developments.
Two housing types have been provided within this development. These housing types include
standard single-family detached dwellings and attached dwellings (townhouses). The proposed
density is in compliance with the intent of the Comprehensive Plan Future Land Use Map. The
requested zoning is in compliance with the City's Comprehensive Plan and will benefit the
public interest by providing a mix of desirable housing needs to this area of the City while
allowing for the continued improvement and expansion of city services and an increase in the
City's tax base. Woodburn Subdivision will be a quality and compatible addition to this area
of Meridian.
4. PROCESS FACTS
a. The subject application will in fact constitute an annexation and rezone as determined by City
Ordinance. By reason ofthe provisions ofthe Meridian City Code Title 11 Chapter 16, a
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
public hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined 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. The subject application will in fact constitute a conditional use as detennined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a
public hearing is required before the City Council on this matter.
d. Newspaper notifications published on: August 29,2005 and September 12, 2005 for
Planning & Zoning Commission meeting, and September 19, 2005 and October 3,2005 for
City Council meeting.
e. Radius notices mailed to properties within 300 feet on: August 19,2005 for Planning &
Zoning Commission meeting, and September 16, 2005 for City Council meeting.
f. Applicant posted notice on site by: August 5, 2005 for Planning & Zoning meeting, and
October 1, 2005 for City Council meeting.
5. LAND USE
a. Existing Land Use(s):
Rural residential.
b. Description of Character of Surrounding Area: Rural residential, transitioning to urban
residential with the recent approvals of Baldwin Park Subdivision, Sienna Creek Subdivision,
and the Cedar Springs Subdivisions.
c. Adjacent Land Use and Zoning:
1. North: Approved Sienna Creek Subdivision, zoned R-8
2. East: Future School site, zoned R-4
3. South: Rural Residential, zoned RUT (Ada County)
4. West: Rural Residential, zoned RUT (Ada County)
d. History of Previous Actions: N/ A
e. Existing Constraints and Opportunities:
1. Public Works (Mike Cole, Development Services Coordinator)
Location of sewer: N. Venable Lane
Location of water:
N. Venable Lane
Issues or concems: Sewer needs to be routed to and through.
2. Vegetation: There is at least one existing tree near Venable Lane that should either
be preserved or mitigated for. The rest of the site is primarily used for agricultural
purposes.
3. Flood plain: N/A
4. Canals/Ditches Irrigation: There is one irrigation ditch that bisects this property.
The applicant is proposing to cover this ditch.
5. Hazards: Staff is not aware of any potential hazards on this site.
6. Proposed Zoning: R-8 (Medium Density Residential)
7. Size of Property:
10.15 acres
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
8. Description of Use: Single-family and agricultural
f. Subdivision Plat Infonnation:
1. Residential Lots:
47
2. Non-residential Lots:
3. Total Building Lots:
0
47
4. Common Lots: 10
5. Other Lots: 0
6. Total Lots: 57
7. Residential Area:
8. Gross Density:
10.15 acres
4.63 units per acre
g. Landscaping:
1. Width of street buffer( s): A 20- foot wide street buffer is proposed along Venable
Lane, a collector street. City Code requires a 20-foot wide buffer along collector
streets (MCC 12-13-10-4). Street buffers are not required on any ofthe intemal, local
streets.
2. Width ofbuffer(s) between land uses:
N/A
3. Percentage of site as open space: The total CO111111on areas account for 1.68 acres
(16.6%) of the property. Usable open space areas include 1.35 acres (13.3%).
h. Conditional Use Infonnation:
1. Non-residential square footage: N/A
2. Proposed building height: Maximum 35-feet per R-8 zone
3. Percentage of site devoted to building coverage: N/ A
4. Percentage of site devoted to landscaping: 1.68 acres
5. Percentage of site devoted to paving: Unavailable
6. Percentage of site devoted to other uses: Unavailable
7. Number of Residential units: 47
i. Planned Development Characteristics:
family homes proposed.
j. Amenities: 16% open space, playground equipment and picnic area, walking paths.
k. Proposed and Required Residential Standards:
24 townhouse units and 23 detached single-
R-8 (detached)
Setbacks (in feet) Proposed Required
Front Living Area 15 15
Side Accessed Garage 20 20
Front Accessed Garage 15 15
Street side 20 20
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042
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CITY OF MERlDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Side 5 5
Rear 15 15
Frontage 50 65
Lot Size 5000 6500
R~8 (attached)
Setbacks (in feet) Proposed Required
Front Living Area 15 15
Side Accessed Garage 20 20
Front Accessed Garage 15 15
Street side 20 20
Side 0 5
Rear 15 15
Frontage 28 40
Lot Size 3600 4000
1. Proposed Non-Residential: N/A
m. Summary of Proposed Streets and/or Access: All internal streets are proposed as
public. Except for along the entrance street, all sidewalks are 4 feet wide and are detached
from the curb with a 5-foot wide planter strip. Please see the Analysis section of this report for
details on the proposed street sections and sidewalks. For a detailed report on the public streets
and access points to public streets, please the attached Exhibit B.
6. COMMENTS MEETING
On August 26,2005 Planning staff held an agency comments meeting. The agencies and
departments present include: Meridian Fire Department, Meridian Police Department, Meridian
Parks Department, Meridian Public Works Department, and the Sanitary Services Company. Staff
has included all comments and recommended actions as Conditions of Approval in the attached
Exhibit B.
7. COMPREHENSIVE PLAN POLICIES AND GOALS
Staff finds the following Comprehensive Plan policies to be applicable to this property and apply
to the proposed development (staff analysis in italics below policy):
.
Require that development projects have planned for the provision of all public services.
(Chapter VII, Goal III, Obj ective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the jòllowing 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.
.
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-Q42
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT QUESTIONS? CALL (208) 884-5533
.
The suþject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result o/the su/Ject annexation.
.
.
.
Municipal, fee-supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning and Zoning Department. Meridian Utility
Billing Services, and Sanitary Services Company.
.
Protect existing residential properties from incompatible land use development on adjacent
parcels. (Chapter VII, Goal IV, Objective C, Action 1)
The applicant is proposing a residential development. The existing residential properties to
the north, south and west and the school site to the east are compatible with the proposed
development.
.
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 Mixed Use - Community and Medium-Density Residential
on the Future Land Use Map. This proposal includes a mix of housing types and smaller
residential lots while still maintaining a density consistent with the requested R-8 zone (4.63
d.u./acre).
.
Require street connections between subdivisions at regular intervals to enhance connectivity
and better traffic flow. (Chapter VI, Goal II, Objective A, Action 6)
As part of the Sienna Creek Subdivision approval, a stub street was required to the northern
boundary of the subject site. The applicant is proposing to extend this stub street, Buckstone
Avenue, and provide three additional stub streets to the adjacent properties. City staff and
ACHD are supportive of the connectivity plan Jor this area (see ACHD comments and
conditions for details).
.
Review new development for appropriate opportunities to connect to local roads and
collectors in adjacent developments. (Chapter VI, Goal II, Obj ective A, Action 13)
See bullet above.
.
Require new urban density subdivisions which abut or are proximal to existing low density
residential land uses to provide landscaped screening or transitional densities with larger,
more comparable lot sizes to buffer the interface between urban level densities and rural
residential densities. (Chapter VII, Goal I, Objective D, Action 8)
Woodbum Subdivision AZ-05-041, PP-05-041, CUP-OS-042
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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The applicant has proposed a development in which the larger lots in the development are on
the periphery, while the smaller lots are internal. The Comprehensive Plan callsfor higher
density on this site, approximately 8 dwelling units per acre. Stal/recognizes that there are
some existing low density residential land uses to the south and west and believes that the
proposed transition (to smaller lots on the interior) is desirable for the City.
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 productsfor the site include attached single-family residences and attached townhouse
lots available to individual buyers who are seeking a lot close to the future Ustick Road
neighborhood center.
Pennit new residential, commercial, or industrial developments only where urban services
can be reasonably provided at the time of final approval and development is contiguous to the
City. (Chapter IV Goal II, Objective A)
All urban services can be made available to this site.
.
Require new residential development to provide pennanent perimeter fencing to contain
construction debris on site and prevent windblown debris from entering adjacent agricultural
and other properties. (Chapter VII, Goal I, Objective D, Action 9)
The applicant is proposing a 5-foot solid fence along the south and west boundaries. A 5-joot
open vision fence is proposed near the west property line. II permanent fencing is not
provided around the entire perimeter of the site, the applicant should be required to install
temporary construction fencing to contain debris. Please see Exhibit B.
.
Restrict curb cuts and access points on collectors and arterial streets. (Chapter VII, Goal IV,
Objective D, Action 2)
Exceptfor the unnamed entrance street, access to Venable Lane should be prohibited.
.
Mixed Use Area Standards: all development within this designation will occm only under the
Conditional Use Pennit process, except the Mixed Use--Regional; where feasible, multi-
family residential uses will be encomaged, especially for projects with the potential to serve
as employment destination centers and when the project is adjacent to State Highways 20~26,
55 or 69;where mixed use developments are phased, a conceptual site plan for the entire
mixed use area is encomaged with the development application or , depending on the scope
of the development, prior to a fonnal development application being submitted; in
developments where multiple commercial and/or office buildings are proposed (not
residential), the buildings should be arranged to create some fonn of common, usable areas,
such as a plaza or green space; where the project is developed adjacent to low or medium
density residential uses, a transitional use is encouraged. (Chapter VII, Comprehensive Plan)
The applicant has applied for a CUP/PD. The applicant is proposing a multi-family aspect to
this development (by definition a townhouse is a multi-family building). However, each unit
and the lot will befor sale to individual owners. Therefore, the three, four andfive townhouse
units proposed in the center of the development willfunction similarly to the detached single-
family homes on the periphery. Staff is supportive of the townhouse lots as they increase
density in this area, as called for in the Comprehensive Plan. Further, staff is supportive of
the dwelling types proposed as they allow the lot owners to take pride in ownership of each
unit individually. Staff is also supportive of the open space design, as the major open space is
Woodburn Subdivision AZ-05-041, PP-05.041, CUP-05-042
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
.
easily accessible and useable to all qf the lots.
Mixed Use--Community Standards: up to 25 acres of non-residential uses pennitted within
the Mixed Use--Community areas as shown on the Future Land Use Map; In Mixed Use--
Community areas that are not neighborhood centers, over 25 acres of non-residential uses
shall be permitted (through the CUP process); up to 200,000 square feet of non-residential
building area; residential density of 3 to 15 units/acre; sample uses include all MU--N
categories, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru
facilities, auto service station, department stores. (Chapter VII, Comprehensive Plan).
Although permitted here, the applicant is not proposing any non-residential uses. Staff
believes that the non-residential uses are more appropriate closer to Ustick Road.
Staff .finds that the proposed R-8 zoning designation and development plan are generally
harmonious with and in accordance with the Comprehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single-family residential
dwellings as pemitted uses in the R-8 zoning district. The new Uniform Development Code
also lists townhouses as pennitted uses in the R-8 zone.
b. Purpose Statement of Zone:
R-8 Medium Density Residential District: The purpose of the R~8 district is to permit
the establishment of single- and two-family dwellings at a density not exceeding eight
(8) Dwelling 1.U1its 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 mwlicipal water
and sewer systems of the city is required.
c. General Standards: As part of the PD, the applicant is requesting modifications to the
general lot size, street frontage and side yard setback standards ofthe R-8 zone. Other than the
requested modifications, the proposed development substantially complies with all of the
general standards of the Meridian Zoning Ordinance.
9. ANALYSIS
a. Analysis of Facts Leading to Staff Recommendation
1. AZ/RZ Application: 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
single-family residential subdivision. Please see Exhibit D for detailed analysis of the
required facts and findings.
The annexation legal description submitted with the application (stamped on J1.U1e 16,
2005 by D. Teny Peugh, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
The applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian. Wells may be
used for non-domestic purposes such as landscape irrigation.
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05~042
PAGE 8
CITY OF MERIDIAN PLANNING AND ZONfNG DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
All future development of the subject property shall be constructed in accordance with
City of Meridian ordinances in effect at the time of development. All future uses shall
not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, properly or the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
2. PP Application: The proposed preliminary plat substantially complies with the
current Zoning Ordinance.
Special Considerations:
Detached Sidewalks: The applicant is proposing to construct 4-foot wide
detached sidewalks on the internal streets. The sidewalks are detached from the
curb with a 5-foot wide landscape strip. In accordance with the recently passed
ACHD planter width standards, the width of the planter strip should be increased
to a minimum of 8-feet wide and include Class II trees. See Exhibit B below.
Ditches. Laterals. and Canals: There is an iITigation lateral that bisects this
parcel. 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. See Exhibit B below.
Pressure In-ie:ation: 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 used, 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 Exhibit B below.
Fencing: The applicant is proposing to construct a five-foot tall solid fence along
the south and east perimeter of the site. A detailed fencing plan should be
submitted upon application of the final plat (MCC 12-4-10.F.3). If pennanent
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. See Exhibit B
below.
Existine: Residences/Buildings: The site currently contains multiple buildings.
Because the existing structures span across proposed lot lines, all buildings shall
be removed prior to signature of the final plat by the City Engineer. See Exhibit
B below.
3. CUP Application: The applicant is requesting reductions to the standard lot size,
side building setback and street frontage requirements of the R-8 zone. Twelve of the
attached lots are below the 4,000 square-foot minimum lot size of the R-8 zone.
Thirteen of the proposed detached lots are below the 6,500 square-foot minimum lot
size ofthe R-8 zone. Twenty-two of the proposed lots are at or exceed the minimum
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042
PAGE 9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
lot size ofthe R~8 zone. Thirty-nine of the forty-seven proposed buildable lots do not
meet the minimum street frontage requirement of the R-8 zone. Twenty-four ofthe
proposed lots will contain at least one zero-lot line. The applicant has submitted a
sample elevation of how the townhouses will look. Each building will include some
stucco, brick, or rock. Staffis generally supportive of the proposed CUP/PD
application, as it generally confOIll1s to Title 12, Meridian City Code.
Special Considerations:
Tot Lot Location: City statI (Planning and Police) has safety concerns with the
location of the tot lot proposed on Lot 13, Block 3. Due to proposed landscape
trees and the lot layout, tbe tot lot is not visible to a majority ofthe subdivision.
To get more eyes on the tot lot, staff recommends that it be moved east, so it is in
alignment with the north-south open space corridor between Lots 5 and 6 and
Lots 20 and 21, Block 3. See Exhibit B below.
Elevations: The applicant has submitted one sample elevation for the townhouses
proposed. Staff is generally supportive of the multi-family building. Each
townhouse shall have an element of architectural relief such as stucco, brick or
rock and include vinyl shutters. See Exhibit B below.
b. Staff Recommendation: Staff recommends approval of AZ-05-041, PP-05-041, and CUP-
05-042 for Woodburn Subdivision. based on the Findinl2:s of Fact as listed in Exhibit D and
subject to the conditions of am;>roval as listed in Exhibit B as attached to this report.
10. PROPOSED MOTION
Approve
I move to approve File Numbers AZ-05-041, PP-05-041 and CUP~OS-042 as presented in staff
report for the hearing date of October 11, 200S and the preliminary plat dated July 10, 200S, the
site plan dated July 10, 2005 with the following modifications to the conditions of approval: (add
any proposed modifications)
Deny
I move to deny File Numbers AZ-OS~041, PP-OS-041 and CUP-OS-041 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. EXHmITS
A. Drawings
1. Preliminary Plat (dated: July 10, 2005)
2. CUP Site Plan (dated: July 10, 2005)
3. Landscape Plan (dated: July 11, 2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
Woodburn Subdivision AZ-05-04] , PP-05-041 , CUP-05-042
PAGE 10
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Zoning Ordinance
Woodburn Subdivision AZ-05-041, PP-05-041, CUP-05-042
PAGE 11
CITY OF MERIDiAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTTONS? CALL (208) 884-5533
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1.1.6
1.2
1.2.1
1.2.2
1.2.3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAPF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1, Planning Department
1.1
1.1.1
SITE SPECIFIC REQUIREMENTS
The preliminary plat labeled as Sheet C-I prepared by Bailey Engineering, h1C., dated July 10,
2005, is approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation and Zoning (AZ-05-041) and Conditional Use Pennit (CUP~05-042)
applications shall also be considered conditions of the Preliminary Plat (PP-05-041).
The planter strip between the curb and the near edge of the sidewalk along all the internal streets
shall be a minimum of 8-feet wide and include Class II trees.
Prior to the City Engineer's signature of the final plat, all existing structures shall be removed
from this site.
The landscape plan prepared by The Land Group, Inc., labeled Sheet 1.,1.0 and 1.,1.1, is approved
with the following change(s):
. Move the tot lot so that it is centrally located on Lot 13, Block 3. Said tot lot shall be visible
from both Woodpine Street and Pine Spruce Street.
Only Class II tress shall be allowed within the planter strips between the sidewalk and the
curb along the internal streets.
With the final plat application, submitted revised copies of the landscape plan with the changes
listed above. Other than the changes listed above, the approved landscape plan is not to be altered
without prior written approval of the Planning & Zoning Department.
Maintenance of all common areas shall be the responsibility of the Woodburn Subdivision
Homeowners' Association.
.
Other than the public street access approved by ACHD, direct lot access to Venable Lane is
prohibited. A note shall be placed on the final plat restricting access to Venable Lane.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-1 0~8.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stonnwater 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 pennitted 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 stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of MCC 12-13M14, 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 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 rightMof-way. All fencing should be
installed in accordance with MCC 12-4-10.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.2.4
1.2.5
1.2.6
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 12-4-13, unless
otherwise approved by Settlers Irrigation District. Plans will need to be approved by the
appropriate irrigation/drainage district, or lateral users association (ditch owners), with written
approval or non-approval submitted to the Public Works Department. If lateral users association
approval can 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 terms of the approved
annexation/conditional use does not relieve the applicant of responsibility for compliance.
1.2.7 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2, Public Works Department
2.1
2.2
2.3
2.4
2.5
2.6
Meridian City Code 12-5-2-N requires that any new development shall provide pressurized
irrigation. The applicant has not indicated who will own the pressurized irrigations system in this
proposed development. If it is to be owned and operated by an Irrigation District than a license
agreement shall be entered into prior to the scheduling of a pre-construction meeting.
If it is to be a private system owned and maintained by the Homeowners Association, a draft copy
of the operations and maintenance manual shall be submitted prior to plan approval, with a final
copy to be submitted prior to signature on the fmal plat by the City Engineer.
The Sanitary sewer service to this is being proposed via extension of mains located in
N.Venable. The applicant shall be responsible to install mains to and through this development,
coordinate main size and routing with the Public Works Department.
There are two existing sewer stubs into this property. The applicant shall coordinate with the
Public Works Department, an acceptable way to abandon these lines.
Any existing domestic well and/or septic systems 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 with approval for Idaho Department of Water
Resources.
Water service to this site is being proposed via extension of existing mains in N. Venable Lane.
The applicant shall be responsible to install all mains necessary to service this development,
coordinate mains size and routing with the Public Works Department.
Street signs are to be in place, water system shall be approved and activated, fencing shall be
installed, drainage lots constructed, and the Final Plat for this subdivision shall be recorded, prior
to applying for building permits.
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.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
2.15
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 Army Corps of Engineers.
All grading ofthe site shall be perfonned in confonnance with MCC ll-12-3H.
Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
The engineer shall be required to certify that the street centerline elevations are set a minimum of
3wfeet 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, Fire Department
3.1
3.2
3.3
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
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.
Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 W' outlet face the main street or parking lot aisle.
b. The Fire hydrant shall not face a street which does not have addresses on it.
c. Fire hydrant markers shall be provided per Public Works spec.
d. Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
Fire Hydrants shall be placed on comers when spacing pennits.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
Fire hydrants shall be place 18" above finish grade.
Fire hydrants shall be provided to meet the requirements ofthe!FC Section 509.5.
e.
f.
g.
h.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3.4
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. Temporary turnarounds shall be
constructed on Woodpine Street and Pine Spruce Street.
3.5
All entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
3.6
Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.7
Operational fire hydrants, temporary or pennanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.8
Building setbacks shall be per the International Building Code for one and two story construction.
3.9
The proposed 47-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of ] 36 residents at build out.
3.10
Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m).
4.
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 POLICE DEPARTMENT
4.]
The proposed development does not offer natural surveillance opportunities of the public areas.
The applicant shall meet with the Police Chief and/or Planning Staff to discuss features that
increase visibility, including but not limited to: doors and windows that look out on the public
areas, front porches, and adeauate nighttime li2:hting. The site plan and/or landscaping plan shall
be revised in accord with those discussions. Further, the tot lot area shall be relocated so that it is
visible from both Pine Spruce Street and Woodpine Street.
The proposed landscaping creates a hiding spot near Lots 2, 3 and 4, BJock 3. The applicant shall
submit a revised landscaping plan that affords greater visibility of the open space area from
buildable lot.
Any interior fencing along Lots 5, 6, 20 and 2], Block 3, shall not exceed four feet in height if
solid fencing is used.
4.2
4.3
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.
6.
SANITARY SERVICE COMPANY
7.5
7.6
7.7
! 7.8
7.9
7.10
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
No comments received.
7, Ada County Highway District
Site Specific Conditions of Approval
7.1
Dedicate approximately a total of 25-feet of right-of-way from centerline of Venable Lane.
Construct Venable Lane with vertical curb, gutter, 5-foot attached concrete sidewalk and
pavement to complete a 40- foot street section, and match improvements to the north.
7.2
The applicant shall construct the entrance street that intersects Venable Lane with a 52-foot street
section with vertical curb, gutter, 5-foot wide concrete sidewalk, two 21-foot drive aisles and an
8-foot wide landscaped island within 64.feet of right-of-way.
7.3
The applicant shall construct the internal roadways with 34-foot street sections with vertical curb,
gutter, 4-foot wide detached concrete sidewalks and 5-foot wide planter strips. The applicant
shall coordinate the planter strip widths with the City of Meridian, and in accordance with the
ACHD Interim policy.
7.4
The 8~foot wide landscaped island located in the entrance roadway that intersects Venable Lane
within the public right-of-way should be owned and maintained by a homeowners association.
This should be noted on the final plat.
Extend North Buckstone Avenue from the north property line, as proposed.
Construct West Wood Pine Street to the west property line approximately 480-feet south ofthe
north property line, and construct a temporary turnaround at the tenninus of the stub street.
Install a sign at the tenninus of the roadway stating, "This roadway will be extended in the
future".
Construct North Buckstone Avenue to the south property line approximately 200-feet east of the
west property line as a stub street. Install a sign at the tenninus of the roadway stating, "This
roadway will be extended in the future".
Construct West Pine Spruce Street to the west property line approximately 125-feet south of the
north property line, and construct a temporary turnaround at the tenninus of the stub street.
Install a sign at the terminus of the roadway stating, "This roadway will be extended in the
future" .
Other than the access points that have specifically been approved with this application, direct lot
access to Venable Lane is prohibited. A note of the access restriction should be noted on the final
plat.
Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.11
7.12
Any existing irrigation facilities shall be relocated outside ofthe right-of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of-way.
7.15
7.16
7.17
7.18
7.19
7.20
7.21
7.22
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
7.13
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
7.14
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction of the proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Utility street cuts in pavement less than five years old are not allowed unless approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file nwnbers) for
details.
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.
The applicant shall submit revised plans for staff approval, prior to issuance of building permit
(or other required permits), which incorporates any required design changes.
Construction, use and property development shall be in confonnance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Impact Fee Ordinance.
It is the responsibility ofthe applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The
applicant shall be required to call DIGLINE (1-800-342-1585) at least two full business days
prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
No change in the 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 confumation of any change from the Ada County Highway District.
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use ofthe subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
C. Legal Description
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Woodburn Suhdh'ision
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A parcel of land located in the SE 1/4 nfthc SW 1/4 urScction 3(;. T.4?-J., R.J \V",
B.M-, Ad¡1 Colinty~ Idaho, more particularly d~$cribL,d as follov.-,,;: Commt:f!tiug al the
South 114 cnmt;r of said Scdiol1 )(;, fwm which tIll': SmJthv,-¡:s1 \:Orllef of said ~C,!'I ion
bear;; No¡111 88~.1T55" West, ](i(;).17 led: 1'11Cl1<.:(; along, the Nulth-South m,jd,~ection
linl~, comInon to \h(; West line of Cedar Springs Suhdivisioll No. .~. as ~¡¡me is rl~c,)nleL! IU
Bonk 88 of P lat~ :it Page 1O, I n, Ada COliUty r¡;corùs, North (}( ":!7 '41" East, 1 :t2X, 98
feet to Ihe ('-S 1/16 cornur and the REAl., NH~T OF BEGINNING.
1l1"'I\Ce along ¡¡aid West line ofCecl¡¡r Spring:; SubdivÜ;ion No-, ~OU[ ¡ (10"'27'41"
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TIH.:nce uqJarting said HIlC North 88"'41'21" West. Ö65.95 fc(~t;
Thunce North 00"13'27" East. 662.ÎS feet;
Thence South ggü56'14" East, and along the South line ufSicl1na Cn;t;k
Subdivision No. I, as same is recorded in Book 92 0 f Plats al f'agu 10,905, Ada O)lInty
rœords, a Jishwce of 66(t.74 feet to the Point of Beginning, Conlainil!g 10. IS acres,
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFr REPORT. QUESTIONS? CALL (208) 884-5533
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. Annexation and Zoning Findings:
The commission and council shall 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:
Thefollowing is the /ist of standards found in 11-15-11 and analysis by staff:
Á.
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 Staff Report item #7 above. City Council
supports the zoning and finds the proposal in general accord 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 detached single-family uses are allowed within the requested zoning
district ofR-8. The applicant is requesting to modify some of the dimensional standards of the R-
8 zone and has submitted a conditional use permit.
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 recent residential developments in this area have been approved for
development similar to the proposed subdivision, with single-family residences. Based on the
ACHD Long Range 2030 proposal, Ustick 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. City Council finds that the area is changing and this site is eligible for annexation
and zoning.
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 meets the anticipated range for
a medium density urban project. Based on the Comprehensive Plan, City Council believes that the
existing parcels in the area (north) have already developed with similar densities and allowances
for alternate products and designs are encouraged. City Council also finds that the proposed
zoning and uses can be designed and constructed in a manner that will be harmonious with, and
appropriate in appearance with, the existing and intended character of the surrol.U1ding area.
CITY OF MERIDiAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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."
City Council does not tìnd that the proposed zoning/uses will adversely change the essential
character of area. The Commission and Council rely on staffs analysis, public testimony received
and any comments submitted from any other agencies or departments regarding whether this
property should be armexed as proposed.
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. The Commission and Council
should rely on any public testimony (oral and written) when determining whether or not the
proposed zoning and subsequent uses will be disturbing or hazardous to the existing or future
neighboring uses.
G.
Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fire protection, drainage structures, refuse disposal, water,
sewer or that the person responsible for the establishment of proposed zoning amendment
shall be able to provide adequately any of such services;
The applicant will be responsible for the extension of all utilities necessary to serve this proposed
development. Sizing and routing shall be coordinated with the Public Works Department.
The applicant and/or future property owners will be required to pay park and highway impact
fees.
ACHD has submitted a staff report with site specific and standard conditions as attached in
Exhibit B7. -
On August 26, 2005, a joint agency/department comments meeting was held with representatives
of key service providers to this property. Based on the joint agency/department meeting and other
comments received from agencies/departments, City Council finds that the public services listed
above can be made available to accommodate the proposed development. The Commission and
Council reference any written and/or verbal testimony submitted by any public service provider,
regarding their ability to adequately service this project.
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 imgation 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 community's economic welfare.
D -2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
J.
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 residential 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, City Council does not believe that the amount generated will be
detrimental to the general welfare of the public. City Council does not anticipate the proposed
annexation and subsequent uses will create excessive traffic, noise, smoke, fumes, glare, or odors.
J.
Will the area have vehicular approaches to the property which shall be so designed as not to
create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street access to Venable Lane and one public
street extension into the site from Sienna Creek Subdivision. ACHD is supportive of the proposed
streets. If is designed and constructed as approved by the ACHD and the City, City Council does
not believe that the subdivision will create interference with traffic on the surrounding public
streets.
K.
Will not result in the destruction, loss or damage of a natural or scenic feature of major
importance; and
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 amendment will provide diversity in lot size from the existing subdivisions in the
vicinity. 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. Subdivisions of medium density have already been approved for
development to the north and this is a logical expansion of the City limits. In accordance with the
findings listed above, City Council finds that annexation and zoning of this property would be in
the best interest of the Citv.
2. Preliminary Plat
Sections 12-3-3 J.2 and 12-3-5 D read as follows: "ill 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;
Please see Annexation and Zoning Findings Item A above.
D - 3
B,
c.
D-4
CITY OF MERJDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B,
The availability of public services to accommodate the proposed development;
Please see Annexation and Zoning Findings Items G and H above.
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,
the subdivision will not require the expenditure of capital improvement funds.
D,
The public financial capability of supporting services for the proposed development;
Please see Exhibit B for comments and conditions from other agencies and departments.
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.
3. CUP Findings:
The Commission and Council shall review the particular facts and circumstances of each proposed
conditional use in tenus of the following and may approve a conditional use pennit ifthey shall find
evidence presented at the hearing(s) is adequate to establish (11-17-3):
A.
That the site is large enough to accommodate the proposed use and all yards, open spaces,
parking, landscaping and other features as may be required by this ordinance;
As part ofthe Planned Development (PD) the applicant is requesting relief from the standard
street frontage, lot size and side setback requirements of the R-8 zone, as required by Meridian
City Code. City Council finds that the subject property is large enough to accommodate the
requested use and all other required ordinance features. Although the site is large enough to
accommodate all of the features required by ordinance, the applicant has asked, through the
Planned Development, to modify specific development standards.
That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
City Council finds that the proposed residential subdivision is generally hannonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which designates the
land to be "Medium Density Residential" and "Mixed Use - Community" (provided the
Commission and Council grant the requested planned development). Please see Annexation and
Zoning Findings A.
That the design, construction, operation, and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
Please see Annexation and Zoning Findings E.
I,
D - 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D,
That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity;
City Council relies upon public testimony, City Council's analysis, and other agency comments
when detennining ifthe proposed uses will adversely affect other properties in the vicinity.
E,
That the proposed use will be served adequately by essential public facilities and services
such as highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed conditional
use shall be able to provide adequately any such services;
Please see Annexation and Zoning Findings G and H, the Other Agency/Department Comments
and Conditions in Exhibit B, and any comments that may be submitted to the City Clerk
regarding this proj ect.
F.
That the proposed use will not create excessive additional requirements at public cost for
public facilities and services and will not be detrimental to the economic welfare of the
community;
Please see Annexation and Zoning Findings H.
G,
That the proposed use will not involve activities or processes, materials, equipment, and
conditions of operation that will be detrimental to any persons, property, or general welfare
by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;
Please see Annexation and Zoning Findings 1.
H,
That the proposed use will have vehicular approaches to the property which shall be so
designed as not to create an interference with traffic on surrounding public streets;
Please see Annexation and Zoning Findings J. The Commission and Council should review any
comments received from the ACHD and/or ITD regarding this project when detennining this
finding.
That the proposed use will not result in the destruction, loss or damage of a natural, scenic
or historic feature considered to be of major importance,
Please see Annexation and Zoning Findings K.