HomeMy WebLinkAboutLarkspur Sub No. 2 AZCITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW AND
DECISION & ORDER
In the Matter of Annexation and Zoning of 10.30 Acres from RUT (Ada County) to R-$
(Medium Density Residential) AND Preliminary Plat Approval of Forty-Nine (49)
Residential Lots and Four (4) Common Lots on 10.30 Acres AND Conditional Use Permit
for a Planned Development that Includes Reductions to the Minimum Lot Size, Street
Frontage, and Setbacks of the R-$ Zone, for Larkspur Subdivision No. 2, by Larkspur,
LLC.
Case No(s): AZ-OS-036, PP-OS-035, CUP-OS-038
For the City Council Hearing Date of: October 18, 2005
A. Findings of Fact
1. Hearing Facts
a. A notice of a public hearing was published for two (2) consecutive weeks prior to
the City Council public hearing, the first publication appearing and written notice
mailed to property owners or purchasers of record within three hundred feet (300')
of the external boundaries of the property. The notice of public hearing before the
City Council was posted upon the property under consideration more than one week
before said hearing. All other noticing was done consistent with Idaho Code §67-
6509.
The matter was duly considered by the City Council at the October 18, 2005, public
hearing(s). The applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian were
given full opportunity to express comments and submit evidence.
b. Written and oral testimony was received on this matter, as reflected in the records
of the City Clerk (for written testimony) and in the official meeting minutes (for
oral testimony).
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 tools 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.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-036 / PP-OS-035 /CUP-OS-038- PAGE 1 of 4
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 Larkspur, LLC.
4. Required Findings per Zoning and Subdivision Ordinance
a. See attached Staff Report far the findings required for these applications.
B. Conclusions of Law
The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 55, Title 67, Idaho Code (LC. §~7-
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.
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 October fi, 2005 as shown in the attached Staff Report, the
Preliminary Flat Conditions as shown in the attached Staff Report, and the Conditional
Use Fermit 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 QF MERIDTAN FINDINGS OF FACT, CQNCLUSIONS OF LAW AND DECTSION & oT2DER
CASE NO(S). AZ-OS-036 / PP-OS-035 /CUP-OS-038- PAGE 2 of 4
Pursuant to the City Council's authority as provided in Meridian City Code § 1.2-3-5 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 October 6, 2005 is hereby conditionally approved;
2. The Site Specific and Standard Conditions are as shown in the attached Staff Report.
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 far 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.)
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 permanent footings or
structures on or in the ground. In this context "structures" shall include sewer and
water lines, streets or building construction. The applicant has specified in the
application and to the commission and council a construction schedule and completion
date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may
submit an application for a time extension on the project for city council review. The
application for time extension shall be submitted at least thirty (30) days prior to the
deadline for completion of the project. For projects requiring platting, the final plat
must be recorded within this eighteen (18) month period. For projects with multiple
phases, the eighteen (18) month deadline shall apply to the first phase. In the event that
the development is made in successive contiguous segments or multiple phases, such
phases shall be constructed within successive intervals of one year from the original
date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void.
(MCC 11-17-4.5.)
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed
with the City Clerk not more than twenty-eight (28) days after the final decision
CITY OF MERIDIAN FINDINGS OF FACT, CONCLU510NS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-U36 / PP-OS-035 /CUP-OS-038- PAGE 3 of 4
concerning the matter at issue. A request for a regulatory takings analysis will toll the
time period within which a Petition for Judicial Review maybe filed.
2. Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person wlao has
an interest in real property which maybe 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.
COUNCIL MEMBER SHAUN WARDLE VOTED
COUNCIL MEMBER CHRISTINE DONNELL VOTED
COUNCIL MEMBER CHARLIE ROUNTREE VOTED
COUNCIL MEMBER KEITH BIRD VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Taxnmy de Weerd
Attest:
William G. Berg, Jr., City Clerk
day of
Copy served upon Applicant, The Planning and Zoning Department, Public Works Department
and City Attorney.
By:
Dated:
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-03b / PP-OS-035 /CUP-OS-038- PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMt/N"f S'i"AhF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT City Council Hearing
Hearing Date: 10/18/2005
TO: Mayor, City Council
FROM: Josh Wilson, Associate City Planner
SUBJECT: Larkspur Subdivision No. 2
• AZ-OS-036
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Annexation and Zoning of 10.30 acres from RUT to R-8
• PP-OS-03S
Preliminary plat of 49 building lots and 4 other lots in. a proposed
R-8 zone
• CUP-OS-038
Planned Development for reduced minimum lot size, frontage, and
setbacks in a proposed R-8 zone
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Larkspur LLC, has applied for Annexation and Zoning (AZ), Preliminary Plat (PP), and
Conditional Use Permit for a Planned Development (CUP/PD) approval of 49 building lots and 5
common other lots on 10.30 acres. The applicant submitted a revised preliminary plat prior to the public
hearing which reduced the number of building lots to 49, committed to larger setbacks along the east
boundary, and placed all of the largest lots along the east boundary in response to input from a
neighborhood meeting with residents of Meridian Greens Subdivision. The site is located east of S.
Meridian Road/SH 69, and south of Overland Road. This site is currently rural residential with three
single family residences and accessory buildings. The site has not been previously platted.
2. SUMMARY RECOMMENDATION: The Meridian Planning and Zoning Commission heard the
item on September 15, 2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Ron Sargent, applicant and Jim Slade
ii. In opposition: Victor Watson (speaking for the Meridian Greens Homeowners
Association and several residents the audience), Jim Rosetti, Rita Heitner, David
Chesmore, Lou Bauman, Gary Phillips, Donald Nicholson, Paul Diehl, Jackie
Updike, Greg Swanson, John Porter, John Colson, Sruce McCoy, Maureen
Howell, Jim Rice, Charles Spier, Guy Lowman
iii. ~ Commenting: None.
iv. Staff presenting application: Josh Wilson
v. Other staff commenting on application: Anna Canning
b. Key Issues of Discussion by Commission:
i. Compatibility of the proposed subdivision with Meridian Greens Subdivision to
the east.
ii. Ways to transition from the lower density subdivision to the east (Meridian
Greens) to the proposed medium density subdivision.
c. Key Commission Changes to Staff Recommendation:
Larkspur No. 2 AZ-OS-036, PP-OS-035 and CUP-OS-038 PAG
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i. The applicant shall modify the proposed lots along the east boundary of the
subdivision which are contiguous to Meridian Greens Subdivision to be at least
6200 square feet, with as many at 6500 square feet as possible.
ii. The homes adjacent to Meridian Greens Subdivision shall be constructed using
40 year "architectural" shingles on the roofs.
iii. There shall be 25 foot rear yard setbacks on the lots along the east boundary of
the subdivision which are contiguous to Meridian Greens Subdivision.
iv. The applicant shall provide a 10 font landscaped buffer along the east boundary
of the subdivision which is contiguous to Meridian Greens Subdivision.
d. Outstanding Issue(s) for Ctty Council:
i. The applicant has submitted a revised preliminary plat, landscape plan, and letter
of intent to the Meridian Planning Department which are consistent with the
additional requirements placed on the applications at the September 15, 2005
Planning and Zoning Commission hearing.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
200 & 205 E. Rosalyn Court /East of S. Meridian Road, south of Overland Road
b. Owner:
200 E. Rosalyn Court.: Jose Luis Larrea
205 E. Rosalyn Court: Arlen E. Dowdy
Meridian, Idaho 83642
c. Applicant:
Larkspur LLC
1771 N. Wildwood Street Suite 200
Boise, Idaho, 83713
d. Representative: Lance Warnick, Treasure Valley Engineers
e. Present Zoning: RUT
£ Present Comprehensive Plan Designation: Low Density Residential
g. Description of Applicant's Request: The applicant is requesting concurrent approval for
annexation and zoning of the subject 10.30 acres to R-8, preliminary plat approval of 49
buildable lots, and conditional use permit 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 49 detached single-family lots. A gross density of 4.75 dwelling units per acre is
proposed. As amenities, the applicant is proposing usable open space in excess of 10 percent
of the site and a gazebo/barbeque area on Lot 9, Block 6. Access to the development is
proposed from Blackspur Way to the north and from E. Rosalyn Court from the west.
1. Date of preliminary plat (attached as Exhibit Al ): October 6, 2005
2. Date of landscape plan (attached as Exhibit A3): October 6, 2005
h. Applicant's Statement/Justification (from the submittal material): The applicant has stated:
"The Larkspur No. 2 Planned Development is proposed to be composed of single family
homes for seniors. The proposed ... single family homes are designed for individuals who
desire small yards with a minimum amount of maintenance." The letter also states: "This use
Larkspur No. 2 AZ-OS-036, PP-OS-035 and CUP-OS-03$ PAG
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is compatible with adjacent properties in the neighborhood such as Larkspur Subdivision No.
1, which includes 40 single family homes, a beautifully designed and landscaped Assisted
Living Facility with care for seniors, and ideal neighborhood office space."
4. PROCESS FACTS
a. The subject application will in Fact constitute an annexation and/or rezone as determined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 1 h, a
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. Newspaper notifications published on: August 29, 2005 and September 12, 2005 for the
Planning and Zoning Commission hearing and September 26, 2005 and October 10, 2005 for
the City Cauncil hearing.
d. Radius notices mailed to properties within 300 feet on: August 19, 2005 for the Flazzning and
Zoning Commission hearing and September 23, 2005 for the City Council hearing.
e. Applicant posted notice on site by: September 5, 2005 for the Planning and Zoning
Commission hearing and October 8, 2005 for the City Council hearing.
S. LAND USE
a. Existing Land Use(s): Rural residences and vacant land
b. Description of Character of Surrounding Area: Existing
c. Adjacent Land Use and Zoning
1. North: Larkspur Subdivision, zoned R-8.
2. East: Meridian Greens Subdivision, zoned R-4.
3. South: Vacant land and rural residences, zoned RUT (Ada County)
4. West: Vacant land and rural residences, zoned RUT (Ada County)
d. History of Previous Actions: N/A
e. Existing Constraints and Opportunities
1. Public Works: (Michael Cole, Development Services Coordinator)
Location of sewer: Extension of mains in Larkspur #1
Location of water: Extension of mains in Larkspur #1
Issues or concerns: The 10-foot easement on the eastern and southern property
line of this development does not meet standard NMID
requirements.
2. Vegetation: Mature trees around existing residences to remain
3. Flood plain: NA
4. Canals/Ditches Irrigation: None on property.
5. Hazards: None on property.
6. Proposed Zoning: R-$
Larkspur No. 2 AZ-OS-036, PP-OS-035 and CUP-05-038 T'AG
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7. Size of Property: 10.3 acres
8. Description of Use: Single-Family
£ Subdivision Plat Information
1. Residential Lats: 49
2. Non-residential Lots: N/A
3. Total Building Lots: 49
4. Common Lots: 5
5. Other Lots: N/A
6. Total Lots: 54
7. Open Lots: 5
8. Residential Area: 10.3 acres
9. Gross Density: 4.75 units per acre
g. Landscaping
1. Width of street buffer(s): None required; the subdivision has frontage on local roads
which require no landscape buffer for residential subdivisions.
2. Width of buffer(s) between land uses: None required; the subdivision is surrounded
by lands designated for, or developed as, single family residential.
3. Percentage of site as open space (PP and PD applications): 10.1% of land included in
Planned Development (.81 acres)
4. Other landscaping standards: Common open space shall be suitably improved for its
intended use and shall include at least 1 deciduous tree per 8,000 square feet and
lawn.
h. Conditional Use Information
1. Non-residential square footage: 0 square feet
2. Proposed building height: 35' per the R-8 district
3. Number of Residential units: 49
i. Planned Development Characteristics: 49 detached single-family homes
j. Amenities: 10.1% open space, gazebo/barbeque area, and connection to multi-use pathway.
1. Proposed and Required Residential Standards
R-8 (detached)
Setbacks Proposed Required
Front Living Area 15 15
Front Accessed Garage 20 20
Street side Living Area 15 15
Side 4 5
Rear 12 15
Larkspur No. 2 AZ-OS-036, PP-OS-035 and CUP-OS-038 PAG
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Rear (E. side of Blackspur Way) 25 15
Frontage 42 65
Lot Size 410$ 6500
m. Summary of Proposed Streets and/or Access: All internal streets are proposed as public. All
sidewallcs are 5-feet wide and are attached to the curb. For detailed Conditions of Approval on the public
streets and access points to public streets, please see the attached Exhibit B.
G. COMMENTS MEETING
OrA 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
The subject property is currently designated `Low Density Residential' on the 2002 Comprehensive Plan
Future Land Use Map. The applicant has requested a one "step" increase in density to Medium Density
Residential, consistent with Note #2 on the Comprehensive Flan Future Land Use Map which states: "In
residential areas, other residential densities will be considered without requiring a Comprehensive Plan
Amendment. However, the density can only be changed one "step" (i.e. low to medium, not low to high,
etc.)." In Chapter VII of the Comprehensive Plan., medium density is defined as areas including single-
family homes at densities of three to eight dwelling units or less per acre. The gross density of the zoning
request is 4.75 dwelling units per acre. Staff recognizes that there are some existing low density
residential land uses to the east and believes that the proposed transition (to a slightly higher density) is
desirable for the City and is a reasonable continuance of the approved medium density residential uses
directly to the north.
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, Objective 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 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.
• The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office.
Once annexed the lands will be serviced by the Meridian Police Department (MPD).
• The roadways adjacent to the subject lands are currently owned and maintained by the
Ada County Highway District (ACHD). This service will not change.
• The subject lands are currently serviced by the Meridian School District #2. This service
will not change.
Larkspur No. 2 AZ-OS-036, PP-OS-035 and CUP-OS-038 PAC
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• The subject lands are currently sen~iced by the Meridian Library District. This service
will not change and the Meridian Library District should suffer nv 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 Was•tewczter
Department, the Meridian Planning 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 single family development. The existing residential properties to the
east and the approved residential s•ubdivisian to the north are compatible with the proposed
development.
• Support a variety of residential categories (low-, medium-, and high-density single family, multi-
family, townhouses, duplexes, apartments, condonuniums, 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 Low-Density Residential, and the applicant has requested a
one "step" increase in density to Medium Density Residential, consistent with Note #2 on the
Comprehensive Plan Future Land Use Map.. The applicant has proposed a density consistent
with the requested R-8 zone (4.75 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 Larkspur Subdivision approval, a stub street was required to the northern
boundary of the subject site. The applicant is proposing to extend this stub street, Blackspur Way,
and provide three additional stub streets to the adjacent properties. The applicant is also
connecting to an existing road, E. Rosalyn Court, at the western boundary of the project. City
staff and ACRD are supportive of the connectivity plan for 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, Objective 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
con zparable lot sizes to buffer the interface between urban level densities and rural residential
densities. (Chapter VII, Goal T, Objective D, Action 8)
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 calls for lower density on
this site, up to 3 dwelling units per acre. Staff recognizes that there are some existing low density
residential land uses to the east and believes that the proposed transition (to smaller lots) is
desirable.for the City and is a reasonable continuance of the approved medium density
subdivision to the north.
Permit new residential, commercial, or industrial developments only where urban services can be
Larkspur No. 2 AZ-OS-036, PP-OS-035 and CUP-OS-038 PAC;
CITY pF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CAI,I, (208) 884-5533
reasonably provided at the time of hnal approval and development is contiguous to the City. (Chapter
1V Goal II, Objective A)
Adl urban services can be made available to this site.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists single family detached
homes as 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 permit 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 of large homes into two
family dwellings in well-established neighborhoods of comparable land use. Connection to the municipal
water anal 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 of the 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
facts and findings.
The annexation legal description submitted with the application (stamped on July 14,
2005 by Robert Hinckley, PLS) shows the property as contiguous to the existing
corporate boundary of the City of Meridian.
That the applicant will be responsible for all costs associated with the sewer and water
service extension. Any existing domestic wells and/or septic systems within this
project will have to be removed from their domestic service, per City Ordinance
Section 5-7-517, when services are available from the City of Meridian. Wells maybe
used for non-domestic purposes such. as landscape irrigation.
That all future development of the subject property shall be constructed in accordance
with City of Meridian ordinances in effect at the time of development. All future uses
shall not involve uses, activities, processes, materials, equipment and conditions of
operation that will be detrimental to any persons, property pr the general welfare by
reason of excessive production of traffic, noise, smoke, fumes, glare or odors.
2. PP Application:
Existin homes to remain: The existing homes on Lots 12 and 13, Block 6 and Lot 9,
Block 7 are proposed to remain and are contained on larger lots to accommodate the
existing structures and uses. All structures not captained within the boundaries of a
lot are to be removed. See Site Specific Condition 1.1.2.
Larkspur No. 2 AZ-OS-036, PP-OS-035 and CUP-OS-038 PAG
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Common Drives: Lots 39 and 40, Block 4 are proposed to have approximately 21 feet
of frontage per lot and shall share a. common drive. The common drive shall be a
minimum of 16 feet in width and meet the standards set forth in MCC 12-4-14. See
Site Specific Condition 1.1.3.
Landscape Plan: The applicant submitted a revised preliminary plat prior to the public
hearing which addressed concerns of neighboring developments. The landscape plan
submitted with the application has not been revised to reflect the changes, and shall be
revised as follows. See Site Specific Condition 1.1.5:
• Illustrate the proposed landscaping on Lot 34, Block 4,
• Illustrate the proposed landscaping on Lot 4, Block 6.
• Illustrate the proposed landscaping on Lot 43, Block 8.
• Illustrate how the reduction in width on Lot 9, Block 6 and Lot 8, Block 7
will affect the proposed landscaping and amenities shown on the submitted
landscape plan.
ROW on.E. Rosalyn Court The continuance of E. Rosalyn Court into the project will
eliminate the current cul-de-sac and leave unused ACRD right-of way adjacent to
Lots 12, 13, and 14, Block 6 and Lot 9, Block 7. The applicant shall vacate the
unused right-of--way and include said land in the adjacent lots prior to submittal of the
final plat. See Site Specific Condition 1.1.6.
CUP Application:
O ens ace/Amenities: The applicant has proposed three amenities with the Planned
Development: open space in excess of 10%, a gazebo and barbeque area for residents,
and connection to a City of Meridian multi-use pathway system through a connection
to Larkspur Subdivision No.l. Staff finds that the amenities are appropriate for the
neighborhood and meet the criteria outlined in MCC 12-6-2. See Site Specific
Condition 1.3.1.
Reductions to Dimensional Standards• As part of the Flanned Development, the
applicant has requested reductions to the lot frontage, zninimuxn lot size, and setbacks
for the R-8 zone. The applicant has requested reduction to the minimum lot size for
45 of the 49 building lots, and reductions in minimum street frontage for 42 of the 49
building lots. The approved reductions to dimensional standards are detailed above.
See Site Specific Condition 1.3.2.
Bufferin from Meridian Greens: The applicant submitted a revised preliminary plat
prior to the public hearing which reduced the number of building lots to 49, committed
to larger setbacks (25') along the east boundary, and placed all of the largest lots along
the east boundary in response to input from a neighborhood meeting with residents of
Meridian Greens Subdivision. Staff supports the modifications to the plat as an
appropriate transition from the R-4 zoning to the east to the proposed R-8 zoning on
the subject site. See Site Specific Condition 1.3.3.
b. Staff Recommendation: Staff recommends approval of AZ-OS-036, PP-OS-035, and CUP-OS-
38 for Larkspur Subdivision No. 2, based on the Findings of Fact as listed in Exhibit D and subject to the
conditions of approval as listed in Exhibit B as attached to this report.
10. PROPOSED MOTION
Approve
Larkspur No. 2 AZ-OS-036, PP-OS-035 and CUP-OS-038 PAG
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS`? CALL (208) 884-5533
I move to approve File Numbers AZ-05-036, PP-OS-035, and CUP-OS-038 as presented in the
staff report for the hearing date of September 15, 2005, the preliminary plat dated July 14, 2005, and tlae
site plan dated July 14, 2005 with the following modifications to the conditions of approval: (add any
proposed modifications).
Deny
I move to deny File Numbers AZ-OS-036 and CUP-OS-038 as presented in the staff report for the
hearing date of September 15, 2005, the preliminary plat dated July 14, 2005, and the site plan dated July
14, 2005 far 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).
X 1. EXHIBITS
A. Drawings
1. Preliminary Plat (dated: October 6, 2005)
2. Approved Elevations
3. Landscape Plan (dated: October 6, 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
Larkspur No. 2 AZ-05-036, PP-OS-035 and CUP-OS-038 PAG
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
1. Preliminary Plat (dated: October 6, 2005)
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A-1
CI"1"Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (20$) 884-5533
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CITY OF MERLDIAN PLANNING I7EAARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
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A-4
C.TTY OF MERIDIAN PLANNING DEPARTMENT STAF1~ REPORT. QUESTIONS? CALL (208) 884-5533
3. Landscape Plan (dated: October 6, 2005)
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A-5
CITX OF MERTDIAN PLANNING DEPARTMENT STAFF REPQRT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY FLAT
1.1.1 The ,preliminary plat labeled as Sheet P-1 prepared by Treasure Valley Engineers, dated August
31, 2005, is approved, with the conditions listed herein. All comments/conditions of the
accompanying Annexation and Zoning (AZ-05-036) and Conditional Use Permit (CUP-OS-038)
applications shall also be considered conditions of the Preliminary Plat (PP-OS-035).
1.1.2 All structures not contained within the boundaries of a lot are to be removed.
1.1.3 Lots 39 and 40, Block 4 shall share a common drive. The common drive shall be a minimum
of 16 feet in width and meet the standards set forth in MCC 12-4-14.
1.1.4 The landscape plan prepared by Treasure Valley Engineers, labeled Sheet L1, is approved with
the following change(s):
• Illustrate the proposed landscaping on Lot 34, Block 4.
• Illustrate the proposed landscaping on Lot 4, Block 6.
• Illustrate the proposed landscaping on Lot 43, Block 8.
• Illustrate how the reduction in width on Lat 9, Block 6 and Lot 8, Block 7 will affect
the proposed landscaping and amenities shown on the submitted landscape plan.
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.
1.1.5 The continuance of E. Rosalyn Court into the project will eliminate the current cul-de-sac and
leave unused ACHD right-of--way adjacent to Lots 12, 13, and 14, Block 6 and Lat 9, Block 7.
The applicant shall vacate the unused right-of--way and include said land in the adjacent lots
prior to submittal of the final plat.
1.1.6 Maintenance of all common areas shall be the responsibility of the Larkspur Subdivision No. 2
Homeowners' Association.
1.1.7 The a licant shall modif the ro osed lots aloe the east bound of the subdivision which are
Conti ous to Meridian Greens Subdivision to be at least 6200 s uare feet with as man at 6500
sguare feet as possible.
1..1.8 The homes ad"acent to Meridian Greens Subdivision shall be constructed usin 40 ear
"architectural" shin;~les on the roofs.
1.1.9 There shall be 25 foot rear and setbacks on the lots aloe the east bound of the subdivision
which are Conti ous to Meridian Greens Subdivision.
1.1.10 The a licant shall rovide a 10 foot landsca ed buffer aloe the east bounda of the
subdivision which is Conti ous to Meridian Greens Subdivision.
1.2 GENERAL REQUIREMENTS-PRELIMINARY PLAT
1.2.1 Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCC 12-13-10-8.
1.2.2 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-
B-1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (2U8) 884-5533
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 stortnwater 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 lasing a developable lot or developable area. It is the responsibility of
the developer to comply with ACRD, City of Meridian and all other regulatory requirements at
the time of final construction.
1.2.3 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, asingle-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 far the connmon areas prior to
signature an 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 and MCC 9-1-28.
1.2.4 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.
1.2.5 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.
1.2.6 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.
1.2.7 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.
1.2.8 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
1.3 SITE SPECIFIC REQUIREMENTS~ONDITIONAL USE PERMIT
1.3.1 The approved amenities are as follows: open space in excess of 10%, a gazebo and barbeque area
for residents, and connection to a City of Meridian multi-use pathway system through a
connection to Larkspur Subdivision No.1.
1.3.2 The approved minimum dimensional standards are as follows:
Setbacks
Front Living Area 15
Front Accessed Garage 20
Street side Living Area 15
Side 4
B-2
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPpRT. Qi7ESTIpNS? CALL (20R) 884-5533
Rear 12
Rear (E. side of Slackspur Way) 25
Other
Min. Frontage 42
Min. Lot Size 4,108
1.3.3 Lots 26-40, Block 4 shall have a 25-foot rear setback.
1.3.4 The submitted elevations are approved, with the following changes: All garage doors in the
development shall have at least two windows.
2. Public Works Department
2.1 All structures not fully contained on a lot or not meeting setback requirements shall be removed
prior the City Engineer's signature on final plat.
2.2 All existing houses that are to remain shall be hooked up to City of Meridian services as soon as
municipal services are finaled and activated. The applicant shall be responsible for the physical
hook-up, as well as the payment of assessments. Revise note 12 on the face of the preliminary
plat to indicate this condition.
2.3 All existing domestic wells, septic systems and appurtenances within this project shall be
removed from domestic service per City Ordinance Section 9-1-4 and 9~4-$.
2.4 The applicant has indicated that the pressurized irrigation system in this development will be
owned and operated by Nampa and Meridian Irrigation District. Evidence of a license agreement
with this entity shall be provided prior to scheduling of apre-construction meeting.
2.5 The preliminary plat indicates both a pressurized and gravity irrigation main being installed in the
standard 10-foot rear easement. The applicant shall widen the easement to extend 5-feet past the
center line of the outermost pipe, or submit permission from Nampa and Meridian Irrigation
District that the sub-standard easement is acceptable.
2.6 Sanitary sewer service to this site is being proposed via extension of mains in Larkspur #1. The
applicant shall be responsible to install mains to and through this proposed development thereby
making them available to adjacent properties, coordinate main size and routing with the Public
Works department. Cover over sanitary sewer mains shall be no less than 3-feet from finish grade
to the top of the pipe. If cover is less than 3-feet from the sub-grade to the top of pipe alternate
pipe materials shall be used per City of Meridian Standard Specifications.
2.7 Water service to this site is being proposed via extension of mains in Larkspur #1, and a second
connection in .Meridian Road. The applicant shall be responsible to install mains to and through
this proposed development, thereby make them available to adjacent properties, coordinate main
size and routing with the Public Works Department. The applicant shall execute standard forms
of easements for any mains that are required to provide service.
2.8 All rear lot lines shall have a 10-foot Public Utilities Drainage, and Irrigation easement dedicated
with the plat.
2.9 Street signs shall be in place, water system shall be approved and activated, fencing shall be
installed, drainage lats constructed, road base shall be approved by the Ada County highway
District, and the Final Plat for this subdivision shall be recorded, prior to applying for building
permits.
2.10 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.
B-3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.11 All development improvements, including but not limited to sewer, fencing, micro-paths,
pressurized irrigation and landscaping shall be installed and approved prior to obtairung
certificates of occupancy.
2.12 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
2.13 Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
2.14 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.
2.1 S Applicant shall be responsible for application and compliance with and NPDES Permitting that
maybe required by the Environmental Protection Agency.
2.16 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
Developer shall coordinate mailbox locations with the Meridian Post Office.
2.17 All grading of the site shall be performed in conformance with MCC 11-12-3H.
2.18 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.
2.19 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 1-foot above.
2.20 One hundred watt, high-pressure sodiunn 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
determined after power designs are completed by Idaho Power Company. The street light
contractor shall obtain design and permit from the Public Works Department prior to
commencing installations.
3. Fire Department
3.1.1 One and two family dwellings will require afire-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
3.1.2 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.1.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department.
a) Fire Hydrants shall have the 4 ;/z" 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 Warks spec.
d) Locations with fire hydrants shall have the curb painted red 10' to each side of the
hydrant location.
B-4
CI"I'Y OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
e) Fire Hydrants shall be placed on corners when spacing permits.
f) Fire hydrants shall not have any vertical obstructions to outlets within 10'.
g) Fire hydrants shall be place 18" above finish grade.
h) Fire hydrants shall be provided to meet the requirements of the 1TC Section 509.5.
3.1.4 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.
3.1.5 All entrance and internal roads shall have a turning radius of 2$' inside and 48' outside radius.
3.1.6 Insure that all yet undeveloped parcels are maintained free of combustible vegetation.
3.1.7 Operational fire hydrants, temporary or permanent street signs and access roads with an all weather
surface are required before combustible construction is brought on site.
3.1.8 The roadways shall be built to Ada County Highway Standards cross section requirements and
shall have a clear driving surface, available at all times, which is 20' wide. Streets with less than
a 29' street width shall have no parking. Streets with less than 33' shall have parking only on one
side. These measurements shall be based on the face of curb dimension.
3.1.9 The proposed 49-lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 142 residents at build out.
4. Police Department
4.1.1 The proposed development and/or plat do not offer natural surveillance opportunities of the
public areas. Prior to the next public hearing, 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 adequate nighttime lighting. The
site plan and/or landscaping plan shall be revised in accord with those discussions.
4.1.2 Fencing on Lots 8 and 10, Block 6, and Lots 7 and 9, Block 7, shall allow visibility from the
street or shall not exceed four feet in height if solid fencing is used.
5. Parks Department
5.1.1 Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance (MCC 12-13-13-6) will be followed.
5.1.2 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
6.1.1 SSC has no comments related to this application.
7. Ada County Highway District
A. Site Specific Conditions of Approval
Extend Rosalyn Drive into the site from the west property line, as proposed.
Extend South Blackspur Way into the site from the north property line approximately 102-feet
west of the east property line, as proposed.
Extend a stub street to the south property line approximately 139-feet east of the west property
line, as proposed.
B-5
CITY OF MERIDIAN PLANNING .DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
4. Construct a stub street to the west property line approximately 79-feet north of the south property
line, as proposed. Install a sign at the terminus of the roadway that states, "This road will be
extended in the future."
Remove the proposed turnaround at the terminus of Tobago Place and construct a stub street to
the west property line that is located approximately 100-feet south of the north property line.
Construct a temporary turnaround at the terminus of the roadway and Install a sign at the terminus
of the roadway that states, "This road will be extended in the future."
6. Construct South Blackspur Way, East Amalie Drive, East Tobago Place and the stub street to the
south as a 34-foot street section with rolled curb, gutter and 5-foot concrete sidewalk's within 46-
feet of right-oaF way, as proposed.
7. Construct East Rosalyn Drive as a 34-foot street section with rolled curb, gutter and 5-foot
attached concrete sidewalks within 4d-feet ofright-of--way to match the remainder of the
subdivision and area.
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 maybe 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.
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 ACRD 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.
7. Construction, use and property development shall be in conformance with all applicable
requirements of the Ada County Highway District prior to District approval for occupancy.
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
B-b
CITY OF MERIDIAN PLANNING DEPARTMENT STArF REPORT. QUESTIONS? CALL (208) 884-5533
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 ACI-1D Traffic
Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during
any phase of construction.
10. No change in the terms and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confirmation of any change from. the Ada County Highway District.
11. Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subject property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
B-7
CITY OF MCRIDiAN PLANNING DEPARTMENT STAFF RF,PORT. QUESTIONS? CALL (208) 884-5533
C. Legal Description
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,r REZQNE (TOTAL) DESCRIPTION
~ "p~ "~ FOR LARKSPUR SUBaIVISIpN Nn. 2
Jab No. 04G81 July 14, 2005
Lots 3 and 4 in Edmonds 5ubdiwsion, Book 33, Page 2050, Ada County Flat Records.
within Section 19, T3N, R1E, B.M., City of Meridian, Ada County, Idaho, described by
metes and bounds as follows
COMMENCING at the West 1/4 Comer of said Section 1g, marked toy an Aluminum
Cap Monument as per corner perpetuation record Inst. No. 9149'706,
thence, along the West Line of said Section 19, North D"55'DO" East, 352 93 feet:
thence, South B9°57'32" East, a distance of 620.87 feet, to Nnrthwest Corner of Lot 3 of
said Edmonds Subdivision, and the POINT OF LiEGINNING:
thence along the North Line of said Lat 3, South f39°57'32" East, 501.43 feet, to the
Northeast corner thereof;
thence along the East Line of said Edmonds Subdivision, South DO°4755" West,
824-15 feet, to a found 1/2 inch rebar marking the Southeast Corner of Lot 4 of said
Edmonds Subdivision;
thence along the South Line of said Lot 4, North 89°57'1b" West, 6D4.31 feet, to the
Southwest Comer thereof;
thence Narth 00°OD'D9" East, 385.98 feet, to a point on the right-af-way of Rosalyn
Court, as shown on said Plat,
thence along said right-af-way, the following three (3) calls:
1. North 89°59'56" East, 54.33 feet, to a 2D.D0 foot radius curve to the right;
2. along said curve, an arc length of, 23,57 feet, through a central angle of
ti7°22'48", and having a chord wtuch bears, South 56°1$'27" East, 22.15 feet, to
a reversing 45 OD foot radius curve to the left;
3 along said curve, an arc length of, 194,29 feet, through a central angle of
247°22'48", and having a chard which bears, North 33°41'33" East, 74 88 feet, to
a paint vra the West line of said Lot 3;
thence along said West Line, North DD°00'09" East, 387 96 feet, to the PCINT~OF
f3EGINNING.
Containing 10.29 acres, more or less. REV >ti.~P v ?
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MEr21pIAN PUBLIC
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C-1
CTTY OF MERi.D1AN PLANNING DEPARTMENT STAFF REPORT. QUESTIQNS? CALL (208) 884-5533
D. Required Findings from Zoning Ordinance
1. Atmexation and Zoning Findings: The Conunission and Council shall review the particular facts and
circumstances of each proposed zoning amendment in teniis of the following standards and shall find
adequate evidence answering the following questions about the proposed zoning amendment:
The_following is the list of standards, found in 11-IS-II and analysis by staff
A. Will the new zoning be harmonious with and in accordance with the Comprehensive Plan
and, if not, has there been an application for a Comprehensive Plan amendment;
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. Ts 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 residential uses are allowed within the requested
zoning district of R-8. The applicant is requesting to modify some of the dimensional standards of
the R-8 zone and has submitted a conditional use permit for a planned development.
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 recent residential developments in this area have been approved for
development similar to the proposed subdivision, with single-family residences. City Council
finds that the area is changing and this site is eligible for annexation and zoning.
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 meets the anticipated range for
a medium density urban project. Based on the Comprehensive Plan, staff believes that the
existing parcels in the area (north) have already been approved with similar densities and
allowances for alternate products and designs are encouraged. City Council also finds that the
proposed zoning/uses can be designed and constructed in a manner that will be harmonious with,
and appropriate in appearance with, the existing and intended character of the surrounding area.
The proposal meets the standards of MCC 12-13-16 Residential Subdivision Open Space which
states that "common space shall equal or exceed five percent of the gross land area of the
subdivision. This requirement shall apply to all single family residential subdivisions of five
acres or more."
D-1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
City Council does not find that the proposed zoning/uses will adversely change the essential
character of area.
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 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.
ACRD 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.
H. Will not create excessive additional requirements at public cost for public facilities and
services and will not be detrimental to the economic welfare of the community;
If approved, the developer will be financing the extension of sewer, water, local street
infrastructure, utilities and irrigation services to serve the project. The primary public costs to
serve the future residents will be fire, police and school facilities and services. 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.
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 ofsingle-family homes on
this site will not involve uses that will create nuisances that would be detrimental to the general
welfare of the surrounding area.
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.
D-2
CITY OF MER1biAN PLANNING 17EPARTMENT STAFF REPORT. QUESTIONS? CALL (208) $84-5533
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;
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 hnds 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, Cit Council finds that annexation and zonin of this ro ert would be in
the best interest of the Citv.
2. Preliminary Plat Findings: Sections 12-3-3 J.2 and 12-3-5 D read as follows: "In determining the
acceptance of a proposed subdivision, the Commission and Council shall consider the objectives of this
title and at least the following:
A. The conformance of the subdivision with the Comprehensive Development Plan;
Please see Annexation and Zoning Findings Item A above.
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.
b-3
CITY OP M1rR1DIAN PLANNING DEPARTMENT STAfF REPORT. QUESTIONS? CALL (208) 884-5533
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 Council or Comnussion's attention.
ACHD considers road safety issues in their analysis.
3. CUF Findings: The Commission and Council shall review the particular facts and circumstances of
each proposed conditional use in terms of the following and may approve a conditional use permit if they
shall find evidence presented at the hearing(s) is adequate to establish (11-17-3):
A. 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 of the 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.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements of this Ordinance;
City Council finds that the proposed single-family residential subdivision is generally
harmonious with and in accordance with the 2002 Comprehensive Plan anal Future Land Use
Map, which designates the land to be "Low Density Residential" (provided the Commission and
Council grant the requested step up in density and the Planned Developemnt). Please see
Annexation and Zoning Findings A.
C. That the design, construction, operation, and maintenance will be compatible with other
uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same area;
Please see Annexation and Zoning Findings E.
D. That the proposed use, if it complies with all conditions of the approval imposed, will not
adversely affect other property in the vicinity;
City Council finds that the proposed uses will not adversely affect other properties in the vicinity.
E. That the proposed use will be served adequately by essential public facilities and services
such as highways, street, police, and fire protection, drainage structures, refuse disposal,
water, sewer or that the person responsible for the establishment of proposed conditional
use shall be able to provide adequately any such services;
Please see Annexation 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 project.
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;
D-4
C1TY OF MERIDIAN PLANNING DEPARTMENT STAFF .REPORT. QUESTIONS? CALL (208) 884-5533
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 I.
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 ACHI7 and/or ITD regarding this project when determining this
finding.
I. 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.
D-5