HomeMy WebLinkAboutIrvine Subdivision PP
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CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
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In the Matter of Annexation and Zoning of 38.5 acres to R-8 (Medium Density Residential)
AND Conditional Use Permit Approval for a Mixed-Use Planned Development Including a
variety of Residential Uses and Amenities Including a Pool/clubhouse, Pathways with
Useable Open Space AND Preliminary Plat Approval for 200 single family lots including 41
single-family attached; 97 single-family detached; and 62 detached alley/mew, and 21
common/other lots, for Irvine Subdivision, by Dvyer Development.
annexation and zoning of38.5 acres ofland that is currently zoned RUT in Ada County. The applicant is
seeking an R-8 zone (Medium Density Residential District) for the entire parcel. The applicant has
submitted a preliminary plat for the subject property for 200 single-family 10ts(41 single-family attached;
97 sing1e~fami1y detached; and 62 detached alley/mew), and 21 common/other lots on 38.5 acres. The
CUP/PD includes requests for reductions to the minimum lot size, minimum street frontage, side setback
and maximum block length of the R~8 zone.
Case No(s). AZ-O5-038/PP-O5-037/CUP-O5-039
For the City Council Hearing Date of: November 15, 2005
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of November 15, 2005
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of November 15, 2005
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
November 15,2005 incorporated by reference)
4. Required Findings per the Meridian City Code (see attached Staff Report for the hearing
date of November 15, 2005 incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land
Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-
6503).
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ.05-038/PP-05-037/CUP-05~039 - PAGE I of4
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 ttom the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning and Zoning Department, the Public Works Department and
any affected party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report. The conditions are concluded
to be reasonable and the applicant shall meet such requirements as a condition of
approval ofthe application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 12-3-5 and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated July 5, 2005 Stamped Received September 30, 2005 is hereby conditionally
approved;
2. The applicant's Site Plan as evidenced by having submitted the Site Plan dated July 5,
2005 Stamped Received September 30, 2005 is hereby conditionally approved; and,
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of November 15,2005 incorporated by reference.
D. Notice of Applicable Time Limits
1. 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,
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-038/PP-05.037/CUP-05-039 - PAGE 2 of4
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 ttom 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.B.)
2. Notice of Twelve (12) Month Preliminary Plat Duration
Please take notice that after the date of approval of the preliminary plat, the owner or
developer shall have one year within which to file the request for approval of the final
plat. After approval of final plat, the owner or developer shall have one year to begin
construction of the public utilities and one year thereafter to complete construction of
those public facilities. (MCC 12-2-4.B & C.)
E.
Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, a denial of a plat
or conditional use permit entitles the Owner to request a regulatory taking analysis.
Such request must be in writing, and must be filed with the City Clerk not more than
twenty-eight (28) days after the final decision concerning the matter at issue. A request
for a regulatory takings analysis will toll the time period within which a Petition for
Judicial Review may be filed.
2. Please take notice that this is a final action ofthe governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Attached: Staff Report for the hearing date of November 15,2005
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-038/PP-O5-037/CUP-05-039 - PAGE 3 of4
By action ofthe 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
MA YOR TAMMY de WEERD
(TIE BREAKER)
VOTED
Mayor Tammy de Weerd
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, The Planning Department, Public Works Department and City
Attorney.
By:
City Clerk
Dated:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-038/PP-05-037/CUP.05-039 - PAGE 4 of4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
STAFF REPORT
TO
Hearing Date: November 15,2005
City Council
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FROM:
SUBJECT
Joe Guenther, Associate City Planner
Meridian Planning Department
Irvine Subdivision
AZ-05-038
Annexation of 38.5 acres from RUT to R-8PD
PP-05~037
200 Single-family residentia110ts and 21 other lots
cUP-O5-039
Reduced frontage, minimum lot size, lot lines with zero side yard setbacks for
attached products and excess block length
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant is requesting
annexation and zoning of 38.5 acres of land that is currently zoned RUT in Ada County. The applicant is
seeking an R-8 zone (Medium Density Residential District) for the entire parcel. The applicant has
submitted a preliminary plat for the subject property for 200 single-family lots(41 single-family attached;
97 single-family detached; and 62 detached alley/mew), and 21 common/other lots on 38.5 acres. The
CUP/PD includes requests for reductions to the minimum lot size, minimum street frontage, side setback
and maximum block length of the R-8 zone. Amenities for the development include pathways, a
swimming pool, a clubhouse area and useab1e open space.
2. SUMMARY RECOMMENDATION: Staff and the Planning & Zoning Commission are
recommending approval of the subject annexation and zoning (AZ-05-038), preliminary plat (PP-05-
037), and conditional use permit (cUP-05-039) for the reasons listed herein. The applicant proposes to
sewer this development via extensions of mains in Silverleaf Subdivision, which is temporarily pumping
sewage to a discharge point in N. Ten Mile Road. The applicant shall be responsible for any upgrades to
the lift station that may be required. The Meridian Planning and Zoning Commission heard the item on
October 20, 2005. At the public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: Kevin Amar (applicant) Shawn Nickle (Applicant's representative)
ii. In opposition: JelT)' Stevenson, 6040 North Ten Mile Road
iii. Commenting:
iv. Staff presenting application: Joe Guenther
v. Other staff commenting on application: Mike Cole, Brad Hawkins-Clark
b. Key Issues of Discussion by Commission:
i. - Fencing adjacent to: open spaces, highways, streets, micropaths and canals;
ii. - Future design and layout of chinden Blvd for requiring landscape buffer and
future ROW's;
iii. - Sewering the proj ect to Silverleaf instead of waiting for future trunk line;
iv. - Design of the subdivision in relation to Chinden Blvd;
v. - Traffic and upcoming roadway projects in this area;
c. Key Commission Changes to Staff Recommendation:
Irvine Subdivision
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
i. - Addition of condition to Site Specific Conditions of approval, 1.1.13 to state:
The applicant shall grant a pedestrian easement for the pathway within the
landscape lot along Chinden Blvd.
d. Outstanding Issue(s) for City Council:
i.-None.
3. APPLICATION AND PROPERTY FACTS
a. Site Address/Location:
SE comer ofTen Mile Road and chinden Road
4Nl W26
b. Owner
Dvyer Development, LLc
36 E. Pine Street
Meridian, Idaho 83642
c. Applicant:
Shawn Nickel
Land Consultants llC.
52 N. 2nd street
Eagle, Idaho, 83616
d. Representative: Shawn Nickel, Land Consultants, llC
e. Present Zoning:
COUNTY-RUT
f. Present Comprehensive Plan Designation:
Low Density Residential- 2002 Comprehensive Future Land Use Plan
Medium Density Residentia1- North Meridian Comprehensive Plan Amendment
g. Description of Applicant's Request:
1. Date of preliminary plat (attached as Exhibit AI): July 5,2005; with a revision
also dated July 5,2005, stamped received on September 30,2005.
2. Date of CUP site plan (attached as Exhibit A2): July 5, 2005; with a revision
also dated July 5, 2005, stamped received on September 30,2005.
3. Date oflandscape plan (attached as Exhibit A3): July 8, 2005
h. Applicant's Statement/Justification: The proposed overall density (5.19 dwellings per acre) of
the project complies with the City's designation of Medium Density Residential, which
allows for residential densities which allows 3 to 8 dwellings per acre. We believe the use
of the project will provide a development which will complement the surrounding land
uses and will be a continuation ofthe Si1verleafproject south and east of the site.
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 16, a public
hearing is required before the City Council on this matter.
b. The subject application will in fact constitute a preliminary plat as determined by City
Ordinance. By reason ofthe 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 determined by City
Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter 17, a public hearing is
Irvine Subdivision
AZ-05-038/PP.05-037/CUP-05-039
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
required before the City Council on this matter.
d. Newspaper notifications published on: City Council October 24, 2005 and November 7, 2005
Planning Commission August 15th 2005 and August 29th 2005
e. Radius notices mailed to properties within 300 feet on: City Council October 21, 2005
Planning Commission August 5th 2005
f. Applicant posted notice on site by: City Council November 6, 2005
Planning Commission August 1811\ 2005
5. LAND USE
a. Existing Land Use(s):
Agricultural
b. Description of Character of Surrounding Area:
c. Adjacent Land Use and Zoning
1. North: Agricultural Ada County RR, Spurwing Golf Course
2. East: Agricultural/Residentia1 Silverleaf Subdivision - Meridian City R-4 and Ada
County RUT
3. South: Single Family Residential Si1verleaf Subdivision - Meridian City R-4
4. West: Agricultural Ada County RUT - Future Bainbridge Subdivision Meridian
City R-8/PD
Agricu1 tura1iU rbanizing
d. History of Previous Actions:
N/A
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
Extension of mains in Silve1eaf Subdivision.
Extension of mains in Silverleaf Subdivision and Ten Mile
Location of water:
Road
Issues or concerns: The future rights.of-way along SH.20/chinden Blvd are
under consultant review by ITD for future requirements for acquisition. ITD has
stated they are not able to purchase the entire amount of right-of-way they may
require for future expansion of SH 20/chinden Blvd.
2. Vegetation: Agricultural/Irrigated
3. Flood plain: NA
4. cana1sIDitches Irrigation: Simpson Latera1/ Harrell Lateral
5. Hazards: None Identified
6. Proposed Zoning: R-8
7. Size of Property: 38.5 acres
8. Description of Use: 41 single-family attached; 97 single-family detached; and 62
detached alley/mew.
f. Subdivision Plat Information
1. Residential Lots:
200
Irvine Subdivision
AZ-05-038/PP-05-03 7 /CUP -05-039
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2. Non-residential Lots:
3. Total Building Lots:
0
200
4. Common Lots: 21
5. Other Lots: 21
6. Total Lots: 221
7. Open Lots: 2
8. Gross Density:
g. Landscaping
5.19 units per acre
35 feet for gateway cOlTidor on chinden Blvd
30 feet (25 required) on Ten-Mile Road.
2. Width ofbuffer(s) between land uses: none required (all residential)
3. Percentage of site as open space (PP and PD applications):
4.16 acres or 12.0% open space
4. Other landscaping standards: unused rights of way on chinden Blvd SH20/26
h. Planned Development Characteristics
The applicant is requesting reduction of bulk standards ofMCC 11-9-1 for lot size on 189
residential lots, minimum street frontage on 178 lots, minimum front setbacks from 20
feet to 15 feet on all single family detached lots, and minimum front setbacks on all lots
in Blocks 3 and 6 (the mews) to have zero front yard setbacks.
1. Width of street buffer(s):
i. Amenities
The applicant is proposing amenities in open space and a pool/clubhouse with playground
equipment.
j. Off-Street Parking (residential uses)
1. Parking spaces required: None. Staff recommended parking be provided for high
density attached products as proposed in Block 3 and Block 6.
2. Parking spaces proposed: 68 parking spaces proposed on Lot 11, Block 3 and Lot
6, Block 6
3. Compact spaces proposed: none
4. Off-site parking proposed: None.
5. Percentage of interior parking as landscaping: all parking will be contained in
common/open space lots as depicted and not counted towards open space.
k. Proposed and Required Residential Standards
6.45 acres of open space, 16.7%
Pathways, playhouse, clubhouse, and pool
R-8 (detached)
Setbacks
Front Living Area
15
Required
15
Proposed
Irvine Subdivision
AZ-05-038/PP-OS-03 7 ICUP-05-039
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Side Accessed Garage 15 15
Front Accessed Garage 15 20
Street side 15 20
Side 5 5
Rear 15 15
Frontage 38 65
Lot Size 3,800 6,500
R-8 (attached, Mew Development Block 3 and Block 6)
Setbacks Proposed Required
Front Living Area of
Side Accessed Garage
Front Accessed Garage
Street side
Side
0
0
0
0
20
0
15
20
20
5
15
40
Rear
Frontage
Lot Size
2340
4000
1. Proposed and Required Non-Residential
Non-residentia110ts are to be used for amenities and open space.
m. Summary of Proposed Streets and/or Access (private, public, common drive, etc.):
Access to chinden is to be prohibited. Access to Silverleaf subdivision is as proposed
with connections at Silverspruce Avenue and Tango Creek Drive. A stub street will be
provided to the property to the east listed as Myers property on the Planned Development
sheet.
F or a detailed report on the public streets and access points to public streets, please the
attached staff report from the Ada County Highway District (Exhibit C).
6. AGENCY COMMENTS MEETING On August lth 2005 staff held an agency comments
meeting, all agencies attending provided comments as attached in Exhibit B.
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 site is designated 'Medium Density Residential' on the North Meridian
Comprehensive Plan Future Land Use Map which is under progress for adoption. Currently the
site is designated a Low Density Residential on the 2002 Comprehensive Plan, and the applicant
has requested a step up in density. In Chapter VII of the Comprehensive Plan, medium density is
deemed as areas including single-family homes at densities ofthree to eight dwelling units per
acre. Although the proposed density (5.19 d.u./acre) is above the minimum target density of 3
d.u./acre for Low Density Residential, staff finds that the revised North Meridian Proposal
conforms to this stated purpose and intent. In the applicant's submitta11etter, dated July 15, 2005
Irvine Subdivision
AZ-05-038/PP-05-03 7/CUP -05-039
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
several Comprehensive Plan policies are listed (please see applicant's letter) and a step up in
density is requested in compliance with the existing comprehensive designation.
Staff also finds the following 2002 Comprehensive Plan text policies to be applicable to this
application (stalf analysis is in italics below policy):
. Require that development projects have planned for the provision of all public servlCes
(Chapter VII, Goal III, Objective A, Action 1)
When the City established its Area of City Impact, it planned to provide City services to the
subject properties. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the
developer's expense.
The suqject 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 western roadway adjacent to the subject lands are currently owned and
maintained by the Ada County Highway District (ACHD). This service will not
change.
The northern roadway adjacent to the subject lands are currently owned and
maintained by the Idaho Transportation Department (ITD). This service will not
change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
The subject lands are currently serviced by the Meridian Library District. This
service will not change and the Meridian Library District should suffer no
revenue loss as a result of the subject annexation.
.
.
.
.
.
.
Municipal, fee~supported, services will be provided by the Meridian Building Department,
the Meridian Public Works Department, the Meridian Water Department, the Meridian
Wastewater Department, the Meridian Planning and Zoning Department, Meridian Utility
Billing Services, and Sanitary Services Company.
.
"Restrict curb cuts and access points on collectors and arterial streets." (Chapter VII, Goal
IV, Objective D, Action item 2)
The Idaho Transportation Department (ITD) has previously submitted letters to the City
stating that their policy for access to a Type IV Principal Arterial will be at intersections
only, and spaced at one-half mile intervals in urban areas. ITD allows approaches (other
than intersections) in special cases and on a temporary basis. Stafffinds that the proposal of
no access point to Chinden Boulevard (SH 20-26) meets the location requirements of lTD.
Further, staff finds that Ten Mile Road will serve as the access point to Chinden Boulevard
for all the properties in this section. ITD has conditioned the subdivision for additional rights
of way along Chinden Boulevard, a redesign of the proposal dated July 05, 2005 has been
submitted which shows the right-of-way line at 90 feet to center line for approximately the
first 500 feet east of the centerline ofTen Mile Road.
Irvine Subdivision
AZ-05-038/PP-05-03 7/CUP-05-039
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
lTD submitted a subsequent letter dated October 3, 2005 (attached to this report) requesting
100 feet of right-of-way for Chinden Boulevard the full length of the property. lTD has just
begun to consider the needed right-of-way along Chinden Boulevard and has no adopted
standards at this time. The applicant has chosen not to redesign to the 100--foot ultimate
right-of-way as proposed in the October j"d letter. Although staff is supportive qf1TD's
efforts to reserve sufficient right-of-way along Chinden Boulevard, we are concerned that the
request for 100feet may be inappropriate in this area given that the subdivisions to the east
of this site have already developed with only 70 feet of right of way dedicated to lTD.
Therefore, Staff supports the design revised September 30, 2005 with the conditions listed in
Site Specific Conditions of approval in the Preliminary Plat section below in Exhibit C.
.
"Require appropriate landscape and buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.)." (Chapter VII, Goal IV, Objective D, Action item 4)
As depicted on the Comprehensive Plan Future Land Use Map, the applicant is proposing to
construct a 35-foot wide landscape buffer with a perimeter fence and dense vegetation along
Chinden Boulevard. The applicant is also proposing to construct a 30-foot wide landscape
buffer along Ten Mile Road. Staff is supportive qf these widths, as long as the entire buffer
lies outside the ultimate right-of-way. The applicant will be required to enter into a license
agreement with lTD for the future 10-joot multiuse pathway along SH 2 O/Ch inden to allow
the pathway to be constructed w(thin the landscape buffer. Staffs has added conditions
requiring that the applicant leave an appropriate level area for the pathway and plant it with
sod until lTD constructs the pathway. See Site Specific Condition in the Preliminary Plat
section below in Exhibit C.
.
"Consider "Accommodating Bicycle and Pedestrian Travel: A Recommended Approach"
from the National Center for Bicycling and walking in all1and use decisions." (Chapter VI,
Goal II, Objective A, #3)
This publication encourages jurisdictions to establish bikeway and walkway facilities in new
construction and reconstruction projects, in a manner that is safe, accessible and convenient.
The additional rights of way for Ten Mile and SH 20/26 Chinden Blvd. will be large enough
to accommodate future pedestrian and bicycle lane as well as interconnection of sidewalks
along arterial roads.
.
Protect existing residential properties from incompatible land use development on adjacent
parcels (Chapter VII, Goal IV, Objective C, Action 1)
All of the properties adjacent to the subject site are designated for medium density residential
uses on the Comprehensive Plan Future Land Use Map.
.
Support a variety of residential categories (low~, medium-, and high-density single family,
multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of
providing the City with a range of affordable housing opportunities (Chapter VII, Goal IV,
Objective C, Action 10)
The subject property is designated Medium Density Residential on the North Meridian Future
Land Use Map which identifies this area as an appropriate area for medium density
residential development. This proposal meets the Comprehensive Plan definition of medium
Irvine Subdivision
AZ-05-038/PP-05-03 7 /CUP~05-039
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
density, with a gross density of 5.19 dwelling units per acre. Staff has reviewed Irvine
Subdivision under the Medium Density Residential North Meridian Future Land Use Map
designation. Currently, the applicant has requested a "step up" in density from the 2002
City of Meridian Future Land Use Map. Staff supports the "step up" from low density
residential to medium density residential.
.
"On-street bikeways should be incorporated on all future Collector streets." (Chapter VI,
Figure VI-5)
Figure VI-5 on page 57 of the Comprehensive Plan designates a bikeway mid-mile between
Ten Mile Road and Black Cat Road, and between Chinden Boulevard and McMillan Road.
The proposal will provide connection to Ten Mile Road which will provide interconnection to
future collector streets.
Staff finds that the vrovosed zoninf! and subseQuent uses (sinf!le-familv homes) will be
harmonious with and in accordance with the Comvrehensive Plan.
8. ZONING ORDINANCE
a. Zoning Schedule of Use Control: Meridian City Code 11-2-1 lists Single Family Residential
(attached and detached) as permitted uses 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 oflarge homes into two-family dwellings in well-
established neighborhoods of comparable land use. Connection to the municipal water
and sewer systems of the city is required.
9. ANALYSIS
9a. Analysis of Facts Leading to Staff Recommendation
1. ANNEXATION & ZONING ANALYSIS: Based on the policies and goals contained in the
Comprehensive Plan and the general compliance of the proposed development with the Zoning
Ordinance, staff believes that this is a good location for the proposed Single Family Residential
products. Please see Exhibit D for detailed analysis of facts and findings.
1.1 The annexation legal description submitted with the application (stamped on July 1, 2005
by Clinton Hansen, PLS) shows the property as contiguous to the existing corporate boundary
of the City of Meridian.
1.2 Any future subdivision, uses and construction on this property shall comply with the City
of Meridian ordinances in effect at the time.
1.3 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
Irvine Subdivision
AZ-05-038/PP -05-037 /CUP -05-039
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
services are available from the City of Meridian. Wells may be used for non-domestic
purposes such as landscape irrigation.
1.4 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 or the general welfare by reason of excessive
production of traffic, noise, smoke, fumes, glare or odors.
1.5 Mcc 11-16-4 provides the P&Z Commission and City Council the authority to require a
property owner to enter into a Development Agreement with the City of Meridian that may
require some written commitment for all future uses. Due to the close proximitv of existing
and future residential uses. and the proximity to major arterials. staff believes that a
Development A!Zfeement is necessarv to ensure that this propertv is developed in a fashion that
is consistent with the comprehensive plan designation and does not nel!ative1v impact nearbv
properties. Staff believes that the Development Agreement should include the following
provisions:
Non-Residential Buildinl!s/communitv Center/Clubhouse: Meridian City Code
requires planned developments to provide amenities relative to the size ofthe project.
The amenities should contain architectural, landscaping, and building bulk concepts
from the primary use into the amenities so they are consistent and hannonious
throughout the development. The applicant has not submitted elevations for the pool
and clubhouse. Therefore, staff recommends that the Development Agreement
include a provision that requires all buildings in common areas to contain architectural
features and bulk building concepts that are similar to the residential buildings, as
detennined by the Commission at each CUP public hearing.
Sinl!le Family Attached Buildinl!s: The applicant shall be required to construct the
attached products, fencing, landscaping, parking, and with the architectural renderings
submitted with these applications. CC&R's shall be placed on these buildings
requiring regular maintenance and upkeep managed by a homeowner's association or
management agency.
SH 20/chinden Blvd: The applicant shall enter into an agreement with ITD to place
the required sidewalk/pathway within the required landscape buffer. The applicant is
not required to construct the pathway at this time. The City of Meridian does require
cooperation between the applicant and ITD to resolve the details ofthe future pathway
instead ofthe five foot sidewalk as required by Meridian City Code.
2. PRELIMINARY PLAT SPECIAL CONSIDERATIONS
2.1 Public Streets and Access:
connectivitv (Silverleaf Subdivisions):
The stub street from Si1verleaf Subdivision shall connect from N. Silverspruce Avenue and
again from W. Tango Creek Drive. The subdivision is constrained by previous development
in the areas east and south of the site and is bound by ACHD and ITD policies of
interconnectivity. No direct access to chinden Boulevard SH 20/26 is approved with this
subdivision. No direct access is allowed to Ten Mile Road is approved outside of the point
of connection permitted by ACHD.
Irvine Subdivision
AZ-05-03 8/PP -05-03 7 ICUP-05-03 9
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CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
The Fire Marshall shall require that all alleys shall be private streets as allowed by the UDc
Chapter 3 Article F. Such private streets shall be 24' feet wide, shall be named to facilitate
addressing ofthe property, and shall provide sufficient maneuvering are for evergency
vehicles (See Fire Department Condition #?? [add the one about 28/48].
The private street connection between Blocks 8, 9 and 10 shall meet all radius requirements
of the Meridian Fire Department.
(Myers Property, Ada County RUT)
The Myers Property lies directly east of the site and also It is anticipated by the ITD
requirement of a minimum of 100' of right of way from centerline of chinden Blvd and for
providing a backage road for access to chinden at the mid section, and section lines only.
The stub street connection to the east of the site has been provided closer to chinden to
provide interconnectivity to meet this goal. Silver River Street shall connect through to the
mid section connection to chinden Blvd.
2.2. Landscauine: Staff is generally supportive of the landscaping design with the following
considerations: Perimeter fencing shall be designed according to Mcc 12-13 and maintained
by the home owners association. The 30 feet of right-of-way landscaping on Ten Mile Road
and 35 feet of landscaping on chinden Boulevard shall be maintained by the Home Owners
Association. All zero lot line homes shall be provided interconnectivity to parking areas and
amenities by a minimum of a 4' sidewalk in the common lots. Prior to final plat the
applicant shall submit a landscape plan depicting the required changes to the landscape plan
as detailed by this report.
2.3 Tree Mitieation: Any tree over 4" in caliper that is removed from the property shall be
replaced by installing additional trees, being the equivalent number of caliper inches of trees
that were removed. Required landscaping trees will not be considered as replacement trees
for those trees that are removed (Mcc 12-13-13-3). The applicant should coordinate a tree
protection/mitigation plan with Elroy Huff at the Meridian Parks Department.
2.4. Ditches. Laterals. and Canals: Per McC 12-4-13, all irrigation ditches, laterals or canals,
exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the
area being subdivided shall be tiled. Settlers Irrigation District comments and conditions
have been received.
2.5 Pressure IrrÎlzation: The City of Meridian requires that pressurized irrigation systems be
supplied by a year-round source of water (Mcc 12-13-8.3). The applicant should be required
to utilize any existing surface or well water for the primary source. If a surface or well source
is not available, a single-point connection to the culinary water system shall be required. If a
single-point connection is utilized, the developer will be responsible for the payment of
assessments for the common areas prior to signature on the final plat by the City Engineer.
An underground, pressurized irrigation system should be installed to all landscape areas per
the approved specifications and in accordance with Mcc 12-13-8 and McC 9-1-28. See Site
Exhibit B below.
2.6. Fencing: The applicant is proposing to construct a minimum of a six foot tall solid fence
around the perimeter of the site with 4' open fencing along common areas. A detailed
fencing plan should be submitted upon application of the final plat (Mcc l2-4-l0.F.3). If
permanent fencing is not provided, temporary construction fencing to contain debris must be
installed around the perimeter prior to issuance of a building permit. All fences should taper
Irvine Subdivision
AZ-05-038/PP -05-03 7/CUP-05-039
PAGE 10
CITY OF MERJDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
down to 3 feet maximum within 20 feet of all right-of~way. All fencing should be installed in
accordance with City Code in effect at the time the permit is issued. Fencing on SH 20/
chinden Blvd should comply with all ITD requirements for noise abatement and shall be
placed on a berm and meet the elevation standards ofITD.
2.7 Unimproved RΡ!ht-of~Wav: Meridian City Code 12-13-1O~9 requires a lO-foot wide
gravel shoulder abutting right~of-way where the unimproved portion of the right-of-way is
greater than 13 feet (measured from the edge of pavement to the edge of sidewalk or property
line), and road widening is not in the AcHD Five Year Work Program. The remainder of the
unimproved right-of-way should be landscaped with lawn or other vegetative groundcover.
Ten Mile Road and chinden Blvd abutting this site meet the warrants for the lO-foot wide
gravel shoulder requirement listed above. Therefore, the applicant should be required to
construct a 10-foot wide gravel shoulder on Ten Mile Road, with the remaining portion ofthe
right-of-way being landscaped with lawn or other vegetative groundcover.
3. CONDITIONAL USE PERMIT SPECIAL CONSIDERATIONS
3.1 Reduced Standards: As stated earlier, the applicant is requesting modifications from
standard ordinance requirements for street frontage, lot size, and setbacks.
Lot Size: The applicant has requested reduced lot sizes to accommodate mixed residential
products; the submitted preliminary plat has 189 lots below the 6,500 square-foot minimum
size. Therefore, a modification to the standard R-8 lot size of 6,500 square-feet is applicable.
The proposed lot sizes which range from 2,340 square-feet to 9,677 square-feet.
Lot FrontaQ:e: The minimum requested street frontage is zero-feet for attached products in
Blocks 3 and 6. These lots will have private street access and frontage. There are 178 lots
that have between 0 feet and 64 feet of frontage (65 feet is the minimum for the R-8 zone).
Staff is supportive of reducing the frontage for the lots as it provides diversity and mixed
residential opportunities.
Setbacks: As depicted, Blocks 3 and 6 have zero front yard setbacks and are provided private
street access to the rear. The applicant has requested 15 feet front yard setbacks for all
products outside of Blocks 3 and 6 as well as the zero lot line front setbacks for the attached
products.
3.2 Amenities: Mcc 12-6-2.A.3 requires two or more amenities to be provided as part of
each planned development. The proposed amenities for the subject planned development
include: two open space lots to be used as homeowner parks. Detached parkways shall be a
minimum of 8' of open space along rights of way and planted in accordance to the Landscape
plan. The proposed open space makes up 12% of the site, 5% minimum is required, and it
takes 10% to count open space as an amenity. A swimming pool! community center(s),
playground is depicted on the submitted landscape plan in Block 3 Lot 11. Off~street parking
will be provided to the open space. Parking provided on-site takes away from the useable
green area. As proposed, staff supports that the proposed park/open space areas provide
sufficient amenities relative to the size ofthe proposed development.
Landscaped open space means land exclusive of street rights-of-way and street buffers,
except for right-of-way specifically dedicated for landscaping within a subdivision. The
applicant states that the total open space areas account for 6.45 acres (16.7%) of common
lots. To meet the open space definition in the PD ordinance, the landscape buffers along
Irvine Subdivision
AZ-05-038/PP-05-03 7 /CUP -05-039
PAGE II
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT, QUESTIONS? CALL (208) 884-5533
chinden Boulevard and Ten Mile Road should not be included in the open space calculation.
However, the landscape strips between the sidewalk and the curb on the internal streets may
count towards the open space calculation if they are planted with street trees. To comply with
the PD requirements for two amenities, the applicant should be required to reserve at least
10% of the site for open space and provide at least one other amenity as determined by the
Commission and Council at the public hearings. Said amenity should be appropriate to the
size and uses of the proposed development.
3.3 Elevations: The applicant has submitted three (3) front elevation drawings for the
proposed attached single-family residential dwelling units. Staff believes that the dwelling
units will be compatible with the adjoining uses, if the buildings are constructed as shown on
the submitted elevations. Construction within Irvine Subdivision should substantially comply
with the elevations submitted by the applicant. Construction materials used on the structures
should be reviewed by Planning Staff prior to approval by the City of Meridian Building
Department.
10. MOTIONS
Approval (All applications)
I move to approve File Numbers AZ-05-038/PP-05-037/cUP-05-039 as presented in staffreport
for the hearing date of November 15, 2005 and the preliminary plat dated July OS, 2005 stamped
revised/received September 30, 2005, and the site plan dated July OS, 2005 with the following
modifications to the conditions of approval: (add any proposed modifications)
Denial (Plat)
I move to deny File Numbers AZ.05-038/PP-05-037/CUP-05-039 for the following reasons: (you
should 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 05,2005, AMENDED September 30,2005)
2. CUP Site Plan (dated: July 05,2005 AMENDED September 30,2005)
3. Landscape Plan (dated: July 08,2005)
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
8. Settlers Irrigation District
C. Idaho Transportation Department letter dated October 3, 2005
Irvine Subdivision
AZ-05-03 8IPP -05-03 7 /CUP -05-039
PAGE 12
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
D. Legal Description
E. Required Findings from Zoning Ordinance
Irvine Subdivision
AZ-05-038/PP -05-03 7/CUP -05-03 9
PAGE I3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
A. Drawings
1. Preliminary Plat (dated: July 05,2005, AMENDED September 30,2005)
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Exhibit A Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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Exhibit A Page 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
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Exhibit A Page 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
B. Conditions of Approval
1. Planning Department
1.1
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
1.1.6
1.1.7
1.1.8
SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT
The preliminary plat labeled as PP-l prepared by Bailey Engineering, dated July OS, 2005 revised
September 30, 2005, is approved, with the conditions listed herein. All comments/conditions of
the accompanying Annexation/Zoning (AZ-05-038) shall also be considered conditions of the
Preliminary Plat (PP-05-037).
The applicant has proposed a 30-foot landscape buffer along Ten-Mile Road and a 25 foot buffer
is required by ordinance. The sidewalks within the buffer shall be placed as to line up with
existing buffers in neighboring subdivisions.
The applicant shall reconfigure all public alley ways to be private streets that are a minimum of
24' wide.
The applicant shall comply with the requirements of no direct lot access for any lots adjacent to
Ten Mile Road as required by AcHD.
The applicant shall comply with the requirements of no direct lot access for any lots adjacent to
chinden Boulevard as required by lTD.
A landscape plan shall be submitted prior to final plat showing the landscaping in relation to the
changes required by this report. The submitted two-page landscape plan prepared by The Land
Group, Inc., dated July 08,2005 is not approved as submitted. The following should be included
in a revised landscape plan:
.
Provide a 35-foot wide landscape buffer adjacent to ChiDden Boulevard and 30-foot wide
landscape buffer adjacent to Ten Mile Road. In accordance with Mcc 12-13-10, the 35-foot
wide landscape buffers shall be located entirely outside of the ultimate right-of-way for the
adjacent street. The applicant shall enter into an agreement to allow ITD to construct a 10~
foot pathway within the required 35-foot landscape buffer. Until such time that ITD
constructs the pathway, the applicant shall plant lawn or other vegetative groundcover in the
area. The applicant shall preserve a relatively flat area for the multi-use pathway, and such
area shall be depicted on the landscape plan.
.
Depict a 10- foot wide gravel shoulder on Ten Mile Road abutting the site, with the remaining
portion ofthe right-of-way being landscaped with lawn or other vegetative groundcover.
Other than the changes listed above, the approved landscape plan is not to be altered without prior
written approval of the Planning Department. Submit 10 copies of a revised landscape plan,
depicting the above-mentioned changes and any other changes that may be required by the
Planning & Zoning Commission, to the City Clerk at least 10 days prior to the next public
hearing.
All road drainage shall be contained on site in the drainage swales/areas as depicted.
Maintenance of all common areas shall be the responsibility of the Irvine Subdivision
Homeowners' Association.
Exhibit B Page I
CITY OF MERIDiAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.1.9
Other than the public street access approved by AcHD, direct lot access to chinden Boulevard
and Ten Mile Road is prohibited. A note shall be placed on the final plat restricting access to
chinden Boulevard and Ten Mile Road.
1.1.10 Place a note on the face of the final plat stating that all future front garage setbacks shall be 20-
feet as measured from the property line or the back of sidewalk, whichever is more restrictive.
1.1.11
1.1.12
1.1.13
1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
All irrigation ditches, laterals or canals, exclusive of natural waterways, the Simpson Lateral and
the Harrell lateral, intersecting, crossing or lying adjacent and contiguous to the area being
subdivided shall be tiled per Mcc 12-4-13, unless otherwise approved by the City and the
Irrigation District(s).
All alleys shall be converted to private streets and shall be named and receive naming approval by
the Ada County Street Naming Committee. All private street names shall be included on the
final plat.
The applicant shall grant a pedestrian easement for the pathway within the landscape lot along
chinden Blvd.
GENERAL REQUIREMENTS-PRELIMINARY PLAT
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to MCc 12-13-10-8.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
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 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 stonnwater detention facility cannot be incorporated into the approved
open space and still meet the standards of Mcc 12-13~14, then the applicant shall relocate the
facility. This may require losing a developable lot or developable area. It is the responsibility of
the developer to comply with AcHD, City of Meridian and all other regulatory requirements at
the time of final construction.
The 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 permit. All fencing
should be installed in accordance with City Code.
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.
Exhibit B Page 2
Comply with the submitted elevations for the attached homes as proposed at the Planning &
Zoning Commission meeting. Construction within Irvine Subdivision shall substantially comply
with the elevations submitted by the applicant. Construction materials used on the structures shall
be reviewed by the Planning Department prior to application to the City of Meridian Building
Department.
2. Public Works Department
2.1 Permanent sanitary sewer service to this development is to be provided by the undeveloped
"North" Black Cat service area. The applicant proposes to sewer this development via extensions
of mains in Silverleaf Subdivision, which is temporarily pumping sewage to a discharge point in
N. Ten Mile Road. The applicant shall be responsible for any upgrades to the lift station that may
be required.
The applicant shall install all mains necessary to provide service; applicant shall coordinate main
size and routing with the Public Works Department, and execute standard forms of easements for
any mains that are required to provide service. Minimum cover over sewer mains is three feet, if
cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
Water service to this site is being proposed via extension of mains in Silverleaf Subdivision. The
applicant shall be responsible to install water mains to and through this development, coordinate
main size and routing with Public Works.
Provide a 20-foot easement for all public water/sewer mains outside of public right of way
(include all water services and hydrants). The description shall be consistent with the graphically
1.3.2
1.3.3
1.3.4
2.2
2.3
2.4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
1.2.6
Staffs failure to cite specific ordinance provisions or terms of the approved
annexation/conditional use does not relieve the applicant ofresponsibility for compliance.
1.2.7
Preliminary plat approval shall be subject to the expiration provisions set forth in MCC 12-2-4.
1.3
SITE SPECIFIC REQUIREMENTS-CONDITIONAL USE PERMIT (CUP.05-039)
1.3.1
The site plan prepared by Bailey Engineering, dated July OS, 2005, is approved, with the
conditions listed herein. Applicant shall meet all of the requirements of the Annexation and
Zoning (AZ-05-038) and Preliminary Plat (PP-05-037) as a condition of the Conditional Use
Permit (CUP-05-039).
The project shall conform to the R-8 dimensional standards, except as follows;
.
Lot Size -
2,840 sq. ft. (minimum)(attached)
3,800 sq. ft.(minimum)(detached)
.
Lot Frontage - 38 feet (minimum) (on straight-away)
26 feet (minimum) (Mew and Alley)
.
Residential Building Setbacks - The following lots may have a O-foot side setback, 0-
foot front setback, and: All lots in Blocks 3 and 6.
As amenities for the subject planned development, construct: construct a pool with clubhouse in
Block 3, and install and maintain the pathways as depicted to interconnect the mew open spaces;
and install and maintain all additional open spaces being counted toward the amenity.
Exhibit B Page 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
depicted easements on the plat. Submit an executed easement (supplied by Public Works), a legal
description, which must include the area of the easement (marked EXHffirr A) and an 81/2" x
11" map with bearings and distances (marked EXHffiIT B) for review. Both exhibits must be
sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the
plat referencing this document.
The preliminary plat shows sewer mains being installed in the common lots between the attached
products. Any sewer mains located in these areas would need to be protected by a standard 20-
foot City of Meridian sewer easement, and free of mature landscaping. Additionally a 14.foot
wide all weather access road shall be placed over the sewer main to facilitate cleaning and
maintenance of the sewer system and its appurtenances.
The applicant has not indicated who will own and operate the pressure irrigation system in this
proposed development. If it is to be maintained as a private system, plans and specifications will
be reviewed by the Public Works Department as part of the construction plan review. A "draft
copy" of the operations and maintenance manual will be required prior to plan approval with the
"final draft" being required prior to final plat signature on the last phase ohhis project.
If it is to be owned and maintained by an Irrigation District then evidence of a license agreement
shall be submitted prior to scheduling of a pre-construction meeting.
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 use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
All existing structures shall be removed prior to signature on the final plat by the City Engineer.
Additional width to the public utilities, drainage and irrigation easement along the right-of way
shall be dedicated where the sidewalk is located past the right-of-way. The additional width
needs to be sufficient to allow for 10 feet of "free and clear" easement past the sidewalk.
Any existing domestic wells 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.
The applicant has not indicated how the storm drainage from the proposed parking lots associated
with the attached units will be disposed. A drainage plan designed by a State of Idaho licensed
architect or engineer is required and shall be submitted to the City Engineer (Ord. 557, 1 o~ 1-91)
for all off-street parking areas. Storm water treatment and disposal shall be designed in
accordance with Department of Environmental Quality 1997 publication Catalog of Storm Water
Best Management Practices for Idaho Cities and Counties and City of Meridian standards and
policies. Off-site disposal into surface water is prohibited unless the jurisdiction which has
authority over the receiving stream provides written authorization prior to development plan
approval. The applicant is responsible for filing all necessary applications with the Idaho
Department of Water Resources regarding Shallow Injection Wells.
Street signs are to be in place, water system shall be approved and activated, fencing installed,
drainage lots constructed, road base approved by the Ada County Highway District and the Final
Plat for this subdivision shall be recorded, prior to applying for building 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.
Exhibit B Page 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
All grading of the site shall be performed in conformance with MCC 11-12-3H.
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
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.
One hundred watt, high~pressure sodium streetlights shall be required at locations designated by
the Public Works Department. All streetlights shall be installed at subdivider's expense. Typical
locations are at street intersections and/or fire hydrants. Final design locations and quantity are
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
2.14
2.15
2.16
2.17
2.18
2.19
2.20
2.21
2.22
2.23
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 determined during the plan review process, prior to signature on the final plat
per Resolution 02-374.
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 Permitting that
may be required by the Environmental Protection Agency.
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.
3.1 Acceptance ofthe water supply for fire protection will be by the Meridian Fire Department and water
quality by the Meridian Water Department for bacteria testing.
3.2 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.
e. Fire Hydrants shall be placed on comers 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 ofthe IFC Section 509.5.
3.3 Entrance and internal roads shall have a turning radius of 28' inside and 48' outside radius.
3.4 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and
shall have a clear driving surface which is 20' wide.
3.5 For all Fire Lanes, paint the curb red and provide signage "No Parking Fire Lane".
Exhibit B Page 5
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
3.6 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.
3.7 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.
3.8 The proposed 200-10t subdivision with an estimated 2.9 residents per household would have a total
estimated population of 580 residents at build out.
3.9 The Fire Dept. has concerns about the ability to address the project and have the addresses visible
from the street which the project is addressed off of. Please contact Joe Silva (888-1234) to address
this concern prior to the public hearing.
3.10 All portions of the buildings located on this project must be within 150' of a paved surface as
measured around the perimeter of the building.
3.11 Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) from a hydrant on a fITe 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).
For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m).
4. Police Department
4.1 Any interior fencing shall allow visibility from the street or shall not exceed four feet in height if
solid fencing is used.
The proposed multi-family units shall limit landscaping shrubs and bushes to species that do not
exceed three feet in height.
Please contact the Police Chief for detailed review of any development proposal and submit
stamped (approved) plans with your final plat application.
5. Parks Department
5.1 Pathway and Trail standards: The proposed pathway and/or trail shall meet the standards as set forth
in the August 2003 Comprehensive Parks and Recreation System Plan, pgs. 3.2 and 3-3, sections B & C.
This condition will apply to the section of pathway to be located along SH 20/Chinden Blvd.
6. Sanitary Service Company
6.1 Please contact Bill Gregory at sse (888-3999) for detailed review of your proposal and submit
stamped (approved) plans with your certificate of zoning compliance application.
4.2
4.3
Exhibit B Page 6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
7. Ada County Highway District
Site Specific Conditions of Approval
7.1 Dedicate a total of 48-feet of right-of-way along Ten Mile Road and construct a minimum 5-foot
wide concrete sidewalk along Ten Mile Road, located a minimum of 41-feet from the centerline of
the right-of-way.
7.2 Construct the main entrance to intersect Ten Mile Road approximately 50S-feet north of the south
property line, as proposed.
7.3 Extend North Si1verspruce Avenue into the site from the south property line (approximately 550-feet
east ofTen Mile Road), as proposed.
7.4 Extend West Tango Creek Drive into the site from the east property line (approximately 240-feet
north of the south property line), as proposed.
7.5 Construct a stub street (West Silver River Street) to the east property line approximately 165-feet
south of State Highway 20/26 (Chinden Boulevard), as proposed. Install a sign at the terminus of the
roadway that states, "this roadway will be extended in the future."
7.6 Construct West Stone Pine Street, North Spindrift Avenue, North Seawind Avenue, West Seadrift
Drive and West Silver River Street (from Santa Rita Avenue to the east property line) as 34-foot
street sections with rolled curb, gutter and attached 5-foot concrete sidewalks within 50-feet of right-
of-way, as proposed. Provide the District with documentation showing the review and approval of
the reduced street section.
7.7 Construct North Sunny Cove Street, North Santa Rita Avenue, North Seacliffe Avenue and North
Silver River Street (from Santa Rita Avenue to North Seawind Avenue) as 34.foot street sections with
rolled curb, gutter and detached 4-foot concrete sidewalks that are separated from the curb line with a
5-foot wide planter within 52-feet of right-of-way, as proposed. Provide the District with
documentation showing the review and approval ofthe reduced street section. Comply with the
District's Tree Planter Width Interim Policy***see Finding of Fact 5 on page 6 of this report for
further information regarding this policy.
7.8 Construct North Silverspruce Avenue and West Tango Creek Drive as 36-foot street sections with
rolled curb, gutter and 5-foot attached concrete sidewalks within 50-feet of right-of-way, as proposed.
7.9 Construct 20-foot wide alleys within the subdivision. Pave the alleys their full width of20-feet and
construct the alley intersections to be a minimum of IS-foot radii. Provide a minimum of 22-feet of
clear distance from the back of the parking stall (or garage) to the opposite side of the alley. Parking
in alley is prohibited. The proposed parking lots accessing the alley are acceptable and approved with
this application.
7.10 Construct four knuckles without center islands within the subdivision, as proposed.
7.11 Construct a left turn lane on Ten Mile Road at the main entrance. Coordinate the design ofthe turn
lane with District staff.
Exhibit B Page 7
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
7.12 Construct a right turn lane on Ten Mile Road at the main entrance. (the turn lane must include both a
taper and a lane). Coordinate the design of the turn lane and taper with District staff.
7.13 Comply with requirements ofITD for State Highway 20-26 (Chinden Boulevard) frontage. Submit
to the District a letter from ITD regarding said requirements prior to District approval of the final plat
or issuance of a building permit (or other required permits), whichever occurs first. Contact District
III Traffic Engineer at 334-8340.
7.14 Other than the access point that has specifically been approved with this application, direct lot access
to Ten Mile Road is prohibited. A note will be required on the final plat stating this access restriction.
7.15 Comply with all Standard Conditions of Approval.
Standard Conditions of Approval
7.16 Any existing iaigation facilities shall be relocated outside ofthe right-of~way. All utility relocation
costs associated with improving street frontages abutting the site shall be borne by the developer.
7.17 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.
7.18 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.
7.19 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.
7.20 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.
7.21 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.
7.22 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.
7.23 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The
applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant
shall be required to call DIGLINE (1-800-342-1585) at least two full business days prior to breaking
ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190
in the event any ACHD conduits (spare or filled) are compromised during any phase of construction.
7.24 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
confmnation of any change from the Ada County Highway District.
Exhibit B Page 8
8.2
8.3
8.4
8.5
8.6
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
7.25 Any change by the applicant in the planned use ofthe property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless a
waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the
time the change in use is sought.
8.
8.1
Settlers' Irrigation District
All irrigation/drainage facilities along with their easements must be protected and continue to
function. The facilities involved are Simpson Lateral (40' easement), Harrell Lateral #21 (20'
easement). Contact SID for additional requirements.
A Land Use Change Application must be on file prior to any approvals.
A license agreement MUST be signed and recorded prior to construction of any SID facilities, or
within its easements.
Any Change to the existing irrigation system such as relocation, water delivery, tiling, and
landscaping must be approved by Settlers Irrigation District's Board of Directors.
All storm drainage must be retained on-site.
The development must supply pressure irrigation access to all lots within the above-mentioned
subdivision from the CUlTent delivery point. If the developer wishes to have SID own, operate,
and maintain the pressure irrigation system an agreement must be in place prior to the pre-
construction meeting.
Exhibit B Page 9
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Exhibit C. Idaho Transportation Department (three pages, two comments by Sue Sullivan and one
page of "Adjacent to Residential Option I") Dated October 3,2005.
IDAHO TRANSPORTATION DEPARTMENT
P.O. Box 8028
Boise. 10 83714.8028
TFIAIISPOffr~TIOI\I BOAAD
Charles Winder
CIl8iflr'/{ln
Joho X. Combo
ViCe (,'/¡"fl"(11lJl1
Dislnc16
Johl1 McHugh
D.,lricI1
Bruce Sweeney
Distriel2
Moma McClure
Distrrcl3
Gery Bilek
DiSlrlcr 4
Nell Miller
Djslriet 5
David Ekarn. P.E.
OliO!;!(>/"
Sue Higgins
8~trI Secæ/8ry
Exhibit C Page I
(208) 334.8300
itd.idaho,gov
October 3, 2005
VIA FAX: 208-888-6854
City of Meridian Planning Department
660 E- Watertower, SlC. 202
Meridian, CD 83642
Ann: Joe Guenther
RE:
ANNEXA TlON/REZONFJPREUMINAR Y PLAT
Route: US Highway 20/26
Location: SE Comer ofTen Mile & 20/26
Name: Irvine Subdivision (Dyver Development, LLC)
Dear Mr. Guenther.
Thank you for allowing the Idaho Transportation Department (ITO) the opportunity to comment on
the applicant's preliminary plat for the property located at the SE comer of N. Ten Mile & Chinden
Blvd. (US 20/26). Meridian, Idaho. !TD olTers the following comments:
Genefal Comment:
I thought perhaps we had neglected to comment at the annexalion/rezone stage. Per today's
conversation with Meridian staff. 1 now understand that this is the annexationlrezone stage. I do not
feel as shy about requesting appropri¡lte redesign of the subdivision.
Past comments on US 20126 setbacks. A few developments along US 20/26 were designed, per
ITO commem during 2004, to meet a setback of 70' from the centerline of thc cJtisting highway.
This setback would have provided enough room for J.) a painted median Ircatmclll or 2.) an urban
storm sewer treatment-
Given the high volumes forecast for this roUle, we desire a wider median (28') that will provide a
higher level of safety for the traveling public. The stoffi1 sewer treatment is not desirable Jue to the
challenges of finding outlet opportunities. A ditch section that can detain and infiItrate some of the
drainage is a more sustainable design.
StudylScheduJe. lTD and COMPASS recently began the US 20126 Corridor Snldy. The goal of
this study is to preserve the corridor for future capacity improvemclIlnceds (widening). The scope
includes public involvement, a concept report/corridor plan, access management, and an
environmental document. An environmental document and funding are needed before we can
proceed with right of way acquisition. The scope does not include final design. nor is there funding
available to construct any widening. Developers and buyers should be made aware thaI
improvements to US 20/26 will not happen for some time.
We have moved the design of some alternative typical sections forward in the project devdoprnent
process in an attempt to stay abreast of development and anticipate future setback needs. Any
designs we show you at this time may be modilied during the project design.
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Reconuneodations for Irvine Subdivision.
r understand there i& a redesigned piaL I have not seen this design yet. My comments reference a plat dated 7/5105.
The current setback to the back property I ¡ne of the Jots froming US 20/26 is 105" from the centerline of the (;Kisting
pavement. A desirable setback (() the back property line of the lots would be 135'. Compromises 10 the Iypical section
could have induded the following:
. A storm sewer seelÎon could be accommodated in the current site design. Concerns about this treatment have
been noted above. This is not a desirable option. The developer presented a logical argument that we already
had the 70' setback constraining our solutions. As I fe.ie\'. the plats, this only significantly affects about 500' in
Silverleaf sub. We can work with that.
. The pedestrian refuge could be slightly naITow.:d: however, p¡>r conversations with Meridian slaff tbis was an
important feature, given the pavement widths, and we support that.
. It is possible that narrowing the ditch section could be investigated. I will not have the hydraulic design data to
support that without further design. r would be very concerned that. given the flat grades in the area, and that
the highway ditch accepts regular reoccurring water from the landscape area, a ditch with less capacity would
cause saturation of the subgrade.
FrontageIBackage Road
Per the City of Meridian ordinance, a collector type facility should be constructed roughly parallel (0 US 20126.
There is a road on the Silverleaf plat called Kingwood. It appears to be the route Irvine residents would USe to access th.:
commercial area al Lochsau and also the proposed elementary school. On the Irvine plat, the same road is called West
Tango creek? West Tango Creek (aka Kìngwood) should be redesigned to serve a better collector function. ie.
minimize, if not eliminate. any residential frolllage.
Traffic Impact Study
Improvements at Ihe intersection of N. Ten Mile and US 20/26 should be considered to accommodate the highway
entry/exit movements of vehicles resulting from the subject development/application. The applicant should COll1pklC a
Traffic ImpaCI Sludy at the inlCrsection to assess highway impacts and to recommend what, if any. improvemems (i.e.
acceleration/deceleration lanes, center turn bays, etc.) are necessary. We have not received this datu 10 date. As noted
above. no funds for these improvements by ITD are available in lhe near future. Any necessary improvements require
an approved permit froll1lhe ITD prior 10 conslruction.
Noise Abatement
The developer should be required to construct noise abatement per ordinance.
Typical Section. Please refer to the Typical Section faKed to you. Dal.:d 10/3/05. Titled "Adjacent to residenliaJ-.
Option 1 ". This typical would be appropriate for ¡his location.
If you have questions. please conlact me (208) 334~8955.
Sincerely,
~1l ~ lit J~
Sue Sullivan
Sf. Transportation P ¡lIIner
<s:all
Exhibit C Page 2
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. QUESTIONS? CALL (208) 884-5533
D. Legal Description
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Project No, 05.124
Irvine Subdivision
Anne:w::ation Description
RUT to R-8
June 16,2005
Revised August 8, 2005
A parcel of land located in the West 112 ofthe NW 1/4 of Section 26, TAN.,
R.I W., 8.M., Ada County, Idaho, more particularly deseribt1d as follows: BEGINNING
at the corner common to Sections 22, 23,27, and the said Seclion 26;
Thence South 89°10'58" East, 1313,78 feet to the West 1/16 comer common to
said Sections 23 and 26;
Thence South 00°29'18" West, 1317.21 feet to the NW 1116 comer;
Thence continuing and along the East line of the SW 1/4 of the NW 1/4 South
00°29'18" West, 60046 feet;
Thence North 89°09'47" West, 1023.02 feet;
Thence North 00°21 '10" East, 270.36 feet;
Thence North 89°09'47" West, 287.51 feet to a point on the West line of said
Section 26;
Thence North 00°21' 10" East, 1106.88 feet to the Point of Beginning. Containing
39.71 acres, more or less.
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Exhibit D Page I
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. QUESTIONS? CALL (208) 884~5533
E. Required Findings from Zoning Ordinance
1. Annexation 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:
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;
D.
In Chapter VII of the Comprehensive Plan, 'medium density' is defined as areas
including single-family homes at densities of three to eight dwelling units per acre; 'low
density' consist of single-family homes at densities of three dwelling units or less per
acre. Staff finds that the requested residential zoning designation, R-8, is harmonious
with and in accordance with the 2002 Comprehensive Plan and Future Land Use Map,
which designates the SW comer of Ten Mile and SH 20/Chinden Blvd to "Medium
Density Residential", this is also continued with the North Meridian Comprehensive Plan
Development application submitted for 2005. The density proposed with the preliminary
plats are consistent with previous Commission and Council actions and generally
conforms to the goals, objectives, and action items contained in the Comprehensive Plan
for these medium density areas. The overall density of 5.19 du/acre is higher due to the
incorporation of Mew designs for Blocks three and six. These designs maximize density
and open space with many common space features.
The Council finds that the proposed zoning is in general conformance with the
comprehensive plan (please see Section 7 of the Staff Report for detailed analysis of
specific comprehensive plan action items that apply to this development).
B. Is the area included in the zoning amendment intended to be rezoned in the future;
Concurrent with the annexation and zoning application, the applicant has submitted a
preliminary plat and a conditional use permit for a planned development that proposes
single-family, attached and detached products on the subject site (PP-05-037, & CUP-05-
039). The Council does not anticipate that the applicant plans to rezone the subject
property in the future ifthe accompanying CUP/PD and PP applications are approved.
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
commercial area by means of conditional use permits;
The Council finds that the single-family homes would be allowed (permitted) within the
requested R -8 zone. The entire site is being proposed as residential and upon build out
staff would not anticipate changes of usage for this site.
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;
There have been no recent street improvements in the area. The abutting roadway, Ten
Mile Road, , is within ACHD's Five Year Work Program or CIP (20-year plan) for road
widening. Bainbridge Subdivision to the west, Silverleaf Subdivision to the south and
east have been tentatively approved for development similar to what is being proposed
with Irvine Subdivision. Bainbridge Subdivision is not currently being developed because
sewer service is not available to that site. The subject property is generally surrounded by
Exhibit E Page I
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
rural residential acreages. The Council does not find that there has been a change in the
area that dictates that this property should be rezoned. The Commission and Council rely
on staffs analysis, public testimony received and any comments submitted from any
other agencies or departments regarding whether this property should be annexed.
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;
The applicant has submitted elevations for the proposed attached housing units these
units will be designed and constructed to meet similar architecture to the single family
detached residences. The applicant is the same as for Silverleaf subdivision; The Council
believes that the design of these single family attached dwelling units will be compatible
with the adjoining uses. The Council finds that the proposed development will change the
existing character of the area, which is still largely rural. However, the proposed
development is generally harmonious with the intended character envisioned by the
Comprehensive Plan. The 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;
The Commission and Council rely on public testimony (oral and written) to determine
whether or not the proposed use will be disturbing or hazardous to the existing or future
neighboring uses. The Council does not anticipate that the proposed uses will be
disturbing to future or existing neighbors, as long as landscaping, fencing and other
recommended conditions are exercised. Further, The Council does not anticipate that the
proposed uses will be hazardous as long as the applicant complies with the conditions
contained in Exhibit B and all City Code provisions.
G. Will the area be served adequately by essential public facilities and services such as
highways, streets, police and fITe protection, drainage structures, refuse disposal, water,
sewer; or will the person responsible for the establishment of the proposed zoning
amendment 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. This development is currently serviceable by the City of
Meridian's sanitary sewer system through Silver1eaf Subdivision. Sewer service for this
development will. The site lies on a Major Arterial (Ten Mile Road) and a Principle
Arterial Road system (SH 20/Chinden Blvd) future rights of way have been determined
by the commenting jurisdictions.
The Council does not look lightly on designs diverging from agency comments. In this
case the applicant has made a proposal which is a compromise from the Idaho
Transportation Departments recommendation. The Council has accepted this design as
appropriate to the northern border of Section 26, 4N I W as there are few exceptions
along this section which are not designed at a Seventy (70) foot right of way. Staff
supports the 500 foot taper to Ten Mile Road as designed in the September 30, 2005
submittal as long as the required buffers are designed and installed according to MCC,
the berm along SH 20/Chinden be provided as shown in the ITD "adjacent to residential
option I" and the ten foot multiuse pathway be designed to accommodate future
pedestrian traffic along this coITidor. These have been included as conditions of
approval and staff supports the design with these concerns.
Exhibit E Page 2
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
Other urban services, such as water, are near to this site and the applicant should be able
to extend such services to the site. The Council finds that the subj ect site is proposed for
development in a fashion similar to other properties in the area.
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 12, 2005, a joint agency/department comments meeting was held with
representatives of key service providers to this property. Based on the joint
agency/department meeting and other comments received from agencies/departments,
staff finds that except for sanitary sewer, 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 irrigation services to serve the project. The primary public
costs to serve the future residents will be fire, police and school facilities and services.
The 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;
The Council finds that the proposed annexation and the development of this site will not
involve uses that will create nuisances that would be detrimental to the general welfare of
the surrounding area.
The 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. The Council does not anticipate the
proposed annexation and subsequent uses will create excessive traffic, noise, smoke,
fumes, glare, or odors.
Will the area have vehicular approaches to the property which shall be so designed as not
to create an interference with traffic on surrounding public streets;
The applicant is proposing to construct one public street access to Ten Mile Road and
three internal accesses (one stub street) to the existing public street system. ACHD is
supportive of the proposed streets and driveway locations. If is designed and constructed
as required by the ACHD and the City, The Council does not believe that the subdivision
will create interference with traffic on the surrounding public streets. No access will be
taken to SH 20 Chinden Blvd.
K. Will not result in the destruction, loss or damage of a natural or scenic feature of maj or
importance; and
J.
The Simpson Lateral and Hamell Lateral both bisect this property. The Council would
consider both of these features non-scenic in nature. The Council recommends that these
Exhibit E Page 3
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
features be subject to the conditions submitted by Settlers Irrigation. There are few
mature trees on this property. Any existing trees larger than 4" caliper that are removed
should be mitigated for, per the Landscape Ordinance. The 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.
The Commission and Council reference any public testimony that may be presented to
determine whether or not the proposed development may destroy or damage a natural or
scenic feature(s) of major importance of which staff is unaware.
L. Is the proposed zoning amendment in the best interest of the city.
In accordance with the findinf!s listed above. The Council finds that the
annexation/zoninf! of this property. as provosed bv the applicant. would be in the best
interest of the City (see Analvsis section in the Staff Report).
2. Preliminary Plat Findings:
In determining the acceptance of a proposed subdivision, the Commission shall consider the
objectives of this Title and at least the following:
A. The confonnance of the subdivision with the Comprehensive Development Plan;
Please see Annexation Findings Item A above.
B. The availability of public services to accommodate the proposed development;
Please see Annexation Findings Items G and H above.
C. The continuity ofthe 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.
The 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
Commission's attention. ACHD considers road safety issues in their analysis. The
Commission and Council reference any public testimony that may be presented to
detennine whether or not the proposed subdivision may cause health, safety or
environmental problems of which The Council is unaware.
3. CUP 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 pennit
ifthey shall find evidence presented at the hearing(s) is adequate to establish:
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 title;
As part of the Planned Development (PD) the applicant is requesting relief from the
standard street frontage, lot size, side setback and maximum block length requirements of
the R-8 zone. The Council finds that the subject property is large enough to
Exhibit E Page 4
CITY OF MERIDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
accommodate the requested use and an 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. In accordance to the Planned Development standards, amenities have been
provided as well as useable open space for the attached housing, additional parking has
also been provided for the higher density areas.
B. That the proposed use and development plan will be harmonious with the Meridian
Comprehensive Plan and in accordance with the requirements ofthis Ordinance;
The Council finds that the proposed subdivision is generally harmonious with and in
accordance with the 2002 Comprehensive Plan and Future Land Use Map, which
designates the land to be "Medium Density Residential" and "Low Density Residential"
(provided the Commission and Council grant the requested planned development and use
exception). Please see Annexation 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 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;
The Council finds that if the applicant complies with all of the conditions of approval,
this development will not have an adverse impact on other properties. The Commission
and Council rely upon public testimony, staffs analysis, and other agency comments
when determining if the 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 Findings G and H, the 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;
Please see Annexation 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 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 sUITounding public streets;
Please see Annexation and Zoning Findings J. The Commission and Council review any
comments received from the ACHD regarding this project when detennining this finding.
I. That the proposed use will not result in the destruction, loss or damage of a natural,
Exhibit E Page 5
CITY OF MERiDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
scenic or historic feature considered to be of major importance.
Please see Annexation and Zoning Findings K.
4. Planned Development Findings:
Upon recommendation of the commission, the council may authorize specific uses not
normally permitted by the use regulations ofthe zone in which the development is located. In
granting such authorization, the commission and council shall make the following findings:
A. The uses permitted by the exception are strongly related to the principal use ofthe
development, and have the purpose of providing services or facilities useful or
complementary to the primary use.
The principal use of the development is entirely residential. The applicant has met the
standards ofthe Planned Development by mixing product types, housing sizes, lot sizes,
and providing amenities appropriate to the size of the development. These housing types
all would share common/open space as well as a pool and clubhouse. The internal
system allows for many rear entry/alley loaded products which would provide an
alternate to road cuts at the frontage as well as to more aptly utilize density while
maintaining open space. The proposal also includes addition of pathways internally
connecting to the sidewalks and multiuse pathways along Ten Mile Road and SH 20/
Chinden Blvd as well as connections into the Silverleaf Subdivision.
B. No more than twenty percent (20%) of the total area of the project shall be devoted to the
uses permitted by the exception. The percentage of use exception allowed will be
determined by the commission and council based upon the size of the project and
intensity ofthe use exceptions.
The applicant is not proposing non~residentia1 zoning.
C. The development will be phased so that construction of the excepted use or uses will be
justified by construction of all or a proportionate amount of the principal or primary use
or uses.
The applicant has not submitted a phasing plan. The Council anticipates the entire
subdivision receiving final plat approval within the required time frame.
D. The uses permitted by the exception are integrated into the overall project by:
1. Being located in proximity to and within convenient walking distance of the primary
uses.
See Planned Development Findings "A" above.
2. Utilizing one or more of the main vehicular accesses to the primary use site as the main
access to the exception site or interconnection through a system of private roadways
and/or pathways.
The Council finds that the uses are adequately interconnected.
3. Providing pedestrian and bicycle pathway connections with the primary use site.
See Planned Development Findings "A" above.
4. Orienting buildings on the exception site to facilitate vehicular and/or pedestrian
access from the primary use site.
The attached single family residential buildings are being proposed at this time on the
Mew lots. This design orients the front yards of the buildings to the open/common space,
Exhibit E Page 6
CITY OF MERiDIAN PLANNING AND ZONING DEPARTMENT STAFF REPORT. QUESTIONS? CALL (208) 884-5533
provides appropriate parking, and ensures that vehicular and pedestrian access is
separated yet facilitated to the amenities.
5. Continuing architecture, landscaping, and building bulk concepts from the primary use
into the use of the exception site so they are consistent and harmonious throughout the
development.
The Council recommends that the Development Agreement include a provision that
requires all non-residential buildings (Clubhouse) to contain architectural features and
bulk building concepts that are similar to the residential buildings. The use(s) permitted
by the exception are neighborhood- or community-serving in size and character and not
regional, and are not detrimental to adjacent neighborhoods in location and character.
The Council finds that the size and character of proposal is appropriate to serve the
community and should not be detrimental to adjacent neighborhoods as designed.
Exhibit E Page 7