HomeMy WebLinkAboutReserve Subdivision Revised AZ-05-050 PP-05-051
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF
LA WAND
DECISION & ORDER
,RECEIVED
, FEB 2 3 2006
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In the Matter of Annexation and Zoning of 5.0 acres from RUT (Ada County) to R-4 (Low-
Density Residential) AND Preliminary Plat approval of 12 single-family residential
building lots and 5 common lots on 5.0 acres, for Reserve Subdivision, by Dave McKinnon.
Case No(s).: AZ-05-050 and PP-05-051
For the City Council Hearing Date of: February 28, 2006
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of February 28,2006
incorporated by reference)
2. Process Facts (see attached Staff Report for the hearing date of February 28,2006
incorporated by reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of
February 28,2006 incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the
hearing date of February 28,2006 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).
2. The Meridian City Council takes judicial notice of its Unified Development Code
codified at Title 11 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 §
11-5A.
CITY OF MERIDIAN fiNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-OS-OSO I PP-OS-OSl - PAGE 1 of 4
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not
impose expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which
shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon
the applicant, the Planning Department, the Public Works Department and any affected
party requesting notice.
7. That this approval is subject to the Legal Description, Preliminary Plat, and the
Conditions of Approval all in the attached Staff Report for the hearing date of February
28, 2006 incorporated by reference. The conditions are concluded to be reasonable and
the applicant shall meet such requirements as a condition of approval of the application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and
based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby
ordered that:
1. The applicant's Preliminary Plat as evidenced by having submitted the Preliminary Plat
dated October 7,2005 is hereby conditionally approved;
2. The following modifications to site specific conditions were made at the City Council
hearing:
a. None.
3. The site specific and standard conditions of approval are as shown in the attached Staff
Report for the hearing date of February 28,2006 incorporated by reference.
D. Notice of Applicable Time Limits (as applicable)
1. Notice of Preliminary Plat Duration
Please take notice that approval of a preliminary plat, combined preliminary and final
plat, or short plat shall become null and void if the applicant fails to record a final plat
within two (2) years of the approval of the preliminary plat or one (1) year of the
combined preliminary and final plat or short plat. In the event that the development of
the preliminary plat is made in successive phases in an orderly and reasonable manner,
and conforms substantially to the approved preliminary plat, such segments, if
submitted within successive intervals of eighteen (18) months, may be considered for
final approval without resubmission for preliminary plat approvaL Upon written request
and filed by the applicant prior to the termination ofthe period in accord with 11-6B-
7.A, the Director may authorize a single extension of time to record the final plat not to
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-050 I PP-OS-OSI - PAGE 2 of 4
exceed eighteen (18) months. Additional time extensions up to eighteen (18) months as
determined and approved by the City Council may be granted. With all extensions, the
Director or City Council may require the preliminary plat, combined preliminary and
final plat or short plat to comply with the current provisions of Meridian City Code
Title 11. lithe above timetable is not met and the applicant does not receive a time
extension, the property shall be required to go through the platting procedure again.
Notice of Final Action and Right to Regulatory Takings Analysis
E.
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 of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has
an interest in real property which may be adversely affected by the issuance or denial of
the conditional use permit approval may within twenty-eight (28) days after the date of
this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho
Code.
F.
Attached: Staff Report for the hearing date of February 28,2006
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-0S0 I PP-OS-OSI - PAGE 3 of 4
By action of the City Council at its regular meeting held on the
f=eP~~ ' 2006.
2ß#- day of
COUNCIL MEMBER SHAUN WARDLE
VOTED~
VOTED $-~
VOTED ~'5--'
VOTED ~
COUNCIL MEMBER JOE BORTON
COUNCIL MEMBER CHARLIE ROUNTREE
COUNCIL MEMBER KEITH BIRD
TIE BREAKER
MAYOR TAMMY de WEERD
VOTED
Copy served upon:
M-A)\\O I ~MMY de WEERD
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ATTEST:
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). AZ-O5-050 I PP-O5-0S1 - PAGE 4 of 4
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
STAFF REPORT
TO:
FROM:
Hearing Date: 2/28/2006
Mayor & City Council
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C. Caleb Hood
Current Planning Manager
City of Meridian Planning Department
208-884-5533
SUBJECT:
Reserve Subdivision
AZ-05-050
Annexation and Zoning of5.0 acres from RUT to R-4 (Medium Low-Density
Residential)
PP-05-05l
Preliminary Plat request for 12 building lots and 5 common lots on 5.0 acres
in a proposed R-4 zone, for Reserve Subdivision
1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST
The applicant, Dave McKinnon, has applied for Annexation and Zoning (AZ) and Preliminary Plat (PP)
approval of 12 building lots and 5 common lots on 5.0 acres. The site is located on the west side of
Locust Grove Road, approximately 1,000 feet south of Chinden Boulevard. This site is currently rural
residential with one single-family residence and accessory buildings. The site has not been previously
platted. However, four of the five acres proposed for development have been the subject of previous
preliminary plat applications. In the spring of 2005, a 22 lot subdivision on 9 acres was submitted and
withdrawn by the applicant, C5 Development, on this site (AZ-05-004, PP-05-006 & V AR-05-005). In
the summer of 2005, an 8 lot subdivision on 4 acres was submitted and then withdrawn by the applicant,
Conger Management Group (AZ-05-035 & PP-05~054). GO Properties, LLC, who owns one acre on
Locust Grove Road has now partnered with Jake Centers, who owns four acres, to submit the subject
applications. The five acres directly west of the subject site, with frontage on Jericho Road, has been sold
to James Luchini and is not a part of the subject applications. Please see History of Previous Actions in
Section 6 below. The subject property is within the Urban Service Planning Area.
2. SUMMARY RECOMMENDATION
The Meridian Planning and Zoning Commission heard the item on November 17, 2005, December 8,
2005 and January 19,2006. At the January 19,2006 public hearing they moved to recommend approval.
a. Summary of Public Hearing:
i. In favor: David McKinnon (owner's representative)
ii. In opposition: None.
iii. Commenting: None.
iv. Staff presenting application: Craig Caleb Hood
v. Other staff commenting on application: Mike Cole
b. Key Issues of Discussion by Commission:
i. Street connectivity in this area;
ii. Current and past ownership of adjacent parcels;
iii. Density;
iv. Fencing;
v. Availability of City services; and,
vi. Turnaround for Commander Street.
c. Key Commission Changes to Staff Recommendation:
Reserve Subdivision Revised3 AZ-O5-050, PP-O5-051
PAGE 1
CITY OF MERIDIAN PLANNiNG DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
i. Staff recommended denial of this project. The Commission voted 3-2 to approve
the subject development.
d. Outstanding Issue(s) for City Council:
i. Whether or not it is in the best interest of the City to approve this development.
The subject applications (AZ and PP) were submitted to the Planning Department for concurrent review.
Staff has provided a detailed analysis of the requested Annexation and Zoning and Preliminary Plat
applications below. At the December 8. 2005 public hearin!!. staff recommended denial of the subject
applications. At the December 8. 2005. public hearin!!. the Planning and Zonin!! Commission voted to
remand the subject applications back to Plannin!! Staff so that Findin!!s and Conditions of approval could
be drafted. At the January 19. 2006 Plannin!! and Zonin!! Commission public hearin!!. the Commission
voted to apProve the subject development with the Findin!!s (Exhibit D) and Conditions of Approval
(Exhibit B) as shown in the Staff Report for the hearin!! date of Februarv 28.2006.
3. PROPOSED MOTION (to be considered after the public hearing)
Approve
After considering all staff, applicant and public testimony, I move to approve File Numbers AZ-
05.050 and PP-05-051 as presented in Staff Report for the hearing date of February 28,2006 with
the following modifications: (Add any proposed modifications.)
Deny
After considering all staff, applicant and public testimony, I move to deny File Numbers AZ-
05-050 and PP-05-051 as presented in the Staff Report for the hearing date of February 28,
2006 for the following reasons: (You should state specific reasons for denial of the annexation
and you must state specific reason(s) for the denial of the plat.)
Continuance
After considering all staff, applicant and public testimony, I move to continue File Numbers
AZ-05-050 and PP-05-051 to the hearing date of (insert continued hearing date here) for the
following reason(s): (You should state specific reason(s) for continuance.)
4. APPLICATION AND PROPERTY FACTS
a, Site Address/Location: West side of Locust Grove Road, south of Chinden Boulevard, within
Section 30, Township 4 North, Range 1 East.
b. Property Owners:
Jake Centers
1979 Locust Grove Road
Meridian, Idaho 83642
&
GO Properties, LLC
5488 N. Bach Avenue
Meridian, Idaho 83642
c. Applicant:
Dave McKinnon
Reserve Subdivision Revised3 AZ-O5-050, PP-O5-05 I
PAGE 2
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
Conger Management Group
405 South 8th Street, Ste. 290
Boise, Idaho 83702
d. Representative:
e. Present Zoning:
Dave McKinnon, Conger Management Group
RUT (Ada County)
f. Present Comprehensive Plan Designation: Medium Density Residential
g. Description of Applicant's Request: The applicant has applied for Annexation and Zoning
(AZ) and Preliminary Plat (PP) approval of 12 building lots and 5 common lots on 5.0 acres
proposed for R-4 zoning.
1. Date of preliminary plat (attached as Exlùbit AI): 10/7/05
2. Date oflandscape plan (attached as Exhibit A2): 1/10/05
h. Applicant's Statement/Justification: "As you well know, tlùs is the tlùrd revision for tlùs
much-maligned subdivision, but the revisions continue to make it a better subdivision that
better reflects the City's Ordnances and Comprehensive Plan. The major changes to the
subdivision are comprised of the inclusion of the one-acre parcel of ground located (on)
Locust Grove (in the northeast portion of the proposed subdivision), a major revision of the
entry into the subdivision, the inclusion of several more building lots (to increase density) and
the placement of a pathway extending to the school area to the north. The inclusion of the one-
acre out parcel eliminates the need to jog the road at the entrance and allows the entire street to
be double loaded with residential housing. Furthennore, it eliminates an enclave parcel that
would have been difficult to re-develop in the future, and removes an additional access to
Locust Grove, The proposed subdivision is consistent with the City of Meridian
Comprehensive Plan Future Land Use Map as well as the Plan's supporting policies." Please
see applicant's submittal letter for more infonnation.
5. PROCESS FACTS
6. LAND USE
a.
The subject application will in fact constitute an annexation and zoning as detennined by
City Ordinance. By reason of the provisions of the Meridian City Code Title 11 Chapter
5, a public hearing is required before the City Council on tlùs matter.
The subject application will in fact constitute a preliminary plat as detennined by City
Ordinance, By reason of the provisions of the Meridian City Code Title 11 Chapter 5, a
public hearing is required before the City Council on this matter,
Newspaper notifications published on: October 31 and November 14, 2005 (for Planning
& Zoning Commission hearing) and February 6 and 20, 2006 (for City Council hearing).
Radius notices mailed to properties within 300 feet on: October 21,2005 (for Planning
& Zoning Commission hearing) and February 3, 2006 (for City Council hearing).
Applicant posted notice on site by: November 7,2005 (for Planning & Zoning
Commission hearing) and February 18, 2006 (for City Council hearing).
b.
c.
d.
e.
a. Existing Land Use(s): Rural residential with one existing home.
b. Description of Character of SutTounding Area: Rural residential, rapidly transitioning to
urban densities.
c. Adjacent Land Use and Zoning
Reserve Subdivision Revised) AZ-O5-0S0, PP-OS.O51
PAGE 3
" -
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
1. North:
School, zoned R-4
2. East: Rural residential, Dunwoody Subdivision, zoned RUT
3. South: Rural residential, zoned RUT
4. West: Vacant 5-acre parcel, zoned RUT; Approved Arcadia Subdivision, zoned R-8
d. History of Previous Actions:
The co-owner of the subject property, Mr, Jake Centers, also developed Arcadia Subdivision,
west ofthe subject properties. After receiving approval for Arcadia, Mr. Centers bought the
nine acres just to the east. The nine acres that Mr. Centers bought in October of 2004 is
comprised of two parcels. Parcel A, the western parcel, is approximately five acres and Parcel
B, the eastern parcel, is approximately four acres. Mr. Centers told staff that he intended to
construct his personal residence on the western portion of Parcel A and therefore did not want
to extend Hidden Path Street.
As mentioned in the Sununary Description above, in the spring of this year C5 Development
submitted three applications (AZ-05-004, PP-05-006, V AR-05-005). The applications
requested an R-4 zone for 22 single-family lots on 9 acres (the variance request was for the
cul-de-sac length). The proposed subdivision did not include connecting the public street from
Locust Grove Road to Jericho Road. Instead the applicant proposed a long cul-de-sac street
(Hidden Path). Staff recommended approval of the project, with a condition that Hidden Path
Street be extended to connect with Jericho Road to the west. Planning Department staff (Anna
Canning and Craig Hood) attended the ACHD hearing and specifically requested that the
District require the street extension as well. After the Ada County Highway District and the
City required the street connection, the applicant withdrew those applications,
After withdrawing AZ-05-004, PP-05-006 and V AR-05-005, Mr. Centers subsequently deeded
the five-acre, Parcel A to Not 4 Sale, LLC, and did not include it within the boundaries of the
second AZ & PP applications (AZ-05-035 & PP-O5-034)(Jake Centers is a registered agent of
Not 4 Sale, LLC). Mr, Centers then submitted applications to develop eight buildable lots on
the four acres that he continued to own in his name (Parcel B). Shortly after AZ-05-035 and
PP-05-034 were submitted, the property owners directly north showed interest in partnering
with Mr. Centers on developing their one-acre parcel. Mr, Centers withdrew those
applications (AZ-O5-035 and PP-05-034) and is now proposing to develop the four-acre
parcel, Parcel B that he owns and the one-acre parcel that GO Properties owns together.
Since the last submittal for development, Mr. Centers (via Not 4 Sale, LLC) has deeded the
five-acre, Parcel A to James Luchini. The five acres that Mr. Luchini cUITently owns is not
included within the subject applications. Both the City of Meridian Planning Department and
Ada County Highway District staff made it clear that an extension of Jericho Road was
necessary within Arcadia Subdivision so that a street could be extended to Locust Grove Road
through the subj ect property. City staff has infonned Mr. Centers several times that a
connection to Locust Grove Road, from Jericho Road, is in the best interest ofthe City. Staff
believes that the applicant has sold the five-acres to the west because he does not want
Commander Street (previously Hidden Path Street) to connect with Jericho Road, Staff
believes that development of the subject site is not in the City's best interest if a vehicular
connection to Jericho Road is not provided.
e. Existing Constraints and Opportunities
1. Public Works
Location of sewer:
There are sewer mains located in Locust Grove.
Reserve Subdivision Revised3 AZ-O5-050, PP-OS-O51
PAGE 4
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
Location of water:
There are water mains located in Locust Grove.
None.
Issues or concerns:
2. Vegetation: ' There are some mature trees along the south property line of the
property.
3. Floodplain: NA
4. Canals/Ditches lITigation: All irrigation ditches, laterals or canals, exclusive of
natural waterways and waterways being used as amenities that intersect, cross or lie
adjacent and contiguous to an area being subdivided shall be tiled (ODC ll-3A-6).
5. Hazards: Staff fmds that there should not be any health, safety or environmental
problems associated with this subdivision that should be brought to the Council or
Commission's attention; no hazardous natural features have been identified on the site.
6. Proposed Zoning: R-4
7. Size of Property: 5.0 acres
8. Description of Proposed Use:
f. Subdivision Plat Infonnation
Single-Family
1. Residential Lots:
12
2. Non-residential Lots:
3. Total Building Lots:
0
12
4. Common Lots:
5
5. Other Lots:
6. Total Lots:
0
17
7. Gross Density:
g. Landscaping
2.4 units per acre
1. Width of street buffer(s): A 35-foot wide street buffer is required along Locust
Grove Road, an entryway coITidor (UDC 11-2A-4). The applicant is proposing a 35-
foot wide landscape lot adjacent to Locust Grove Road. The applicant is proposing to
construct 8-foot wide planter strips between the sidewalk and the curb of the internal
roadways,
2. Width ofbuffer(s) between land uses: NA
3. Percentage of site as open space: The applicant states that 11.8% of the site will
be open space.
h. Proposed and Required Residential Standards: R-4
Setbacks Proposed Required
Front Living Area
Side Accessed Garage
Front Accessed Garage
Street side
Side
15
15
20
15
5
15
15
20
15
5
Reserve Subdivision Revised3 AZ-OS~O50, PP.OS-O51
PAGE 5
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
Rear
Frontage *
15
80
10,000
15
60
8,000
Lot Size
* There are two lots, Lot 2, Block 1, and Lot 2, Block 2, that only have 30 feet of public street frontage.
UDC 11-2A.3.B allows flag properties to have a minimum of 30-feet of frontage.
i. Summary of Proposed Streets and/or Access (private, public, common drive, etc.): A new
public street from Locust Grove Road, Commander Street, is proposed to provide the only
access to the site. The applicant is proposing to extend Commander Street to the undeveloped
five-acre property to the west (currently owned by Luchini). The applicant is also proposing a
stub street (Sun Shimmer Avenue) to the undeveloped property to the south.
7. COMMENTS MEETING
On October 28, 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 and departments, staff finds that the required public services can be made
available to accommodate the proposed development.
8. COMPREHENSIVE PLAN POLICIES AND GOALS
This property is designated "Medium Density Residential" on the Comprehensive Plan Future Land Use
Map. The Comprehensive Plan calls for single-family homes at densities of three to eight dwelling units
per acre on this site (see Page 95 of the Comprehensive Plan.) There are only 12 buildable lots proposed
on the subject 5 acres. There is a maximum density of 4 dwelling units per acre allowed in the R-4 zone
by the UDC; the proposed gross density of Reserve Subdivision is 2.4 dwelling units per acre. Without
applying for a Comprehensive Plan Map Amendment, the Comprehensive Plan allows a one step change
in density for residential areas. Staff finds that the proposed zoning designation, R -4, and density, 2.4
dwellings per acre, could be hannonious with and in accordance with the 2002 Comprehensive Plan and
Future Land Use Map lithe Commission and Council allow the applicant to take one step-down in
density for this project.
Staff finds the following 2002 Comprehensive Plan text policies to be applicable to this application
(analysis is in italics below policy):
Chapter VII, Goal ill, Objective A, Action 1 - Require that development projects have planned for the
provision of all public services.
When the City established its Area of City Impact, it planned to provide City services to the
subject property. The City of Meridian plans to provide municipal services to the lands
proposed to be annexed in the following manner:
. Sanitary sewer and water service will be extended to the project at the
developer's expense.
The subject lands currently lie within the jurisdiction of the Meridian Rural Fire
District. Once annexed the lands will be under the jurisdiction of the Meridian
City Fire Department, who currently shares resource and personnel with the
Meridian Rural Fire Department.
.
Reserve Subdivision Revised3 AZ-O5-0S0, PP-O5-0S1
PAGE 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF fEBRUARY 28,2006
.
The subject lands currently lie within the jurisdiction of the Ada County Sheriff's
Office. Once annexed the lands will be serviced by the Meridian Police
Department (MPD).
The roadways adjacent to the subject lands are currently owned and maintained
by the Ada County Highway District (ACHD). This service will not change.
The subject lands are currently serviced by the Meridian School District #2. This
service will not change.
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 Department, Meridian Utility Billing
Services, and Sanitary Services Company.
Chapter VI, Goal II, Objective A, Action 3 - Consider "Accommodating Bicycle and Pedestrian Travel:
A Recommended Approach" from the National Center for Bicycling and Walking in all land-use
decisions.
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 subject applications
generally comply with the policies listed in the literature noted above.
Chapter VI, Goal II, Objective A, Action 6 - Require street connections between subdivisions at regular
intervals to enhance connectivity and better traffic flow.
The submitted preliminary plat does not propose a street connection with Jericho Road in Arcadia
Subdivision. The applicant has not included the 5-acre parcel that abuts Arcadia within the subject
applications.
Chapter VI, Goal II, Objective A, Action 13 - Review new development for appropriate opportunities to
connect to local roads and collectors in adjacent developments.
There are few opportunities for an east-west connection to Locust Grove Road through this section. The
applicant is not proposing a street connection to Jericho Road with this application.
Chapter VII, Goal I, Objective D, Action 9 - Require new residential development to provide permanent
perimeter fencing to contain construction debris on site and prevent windblown debris from entering
adjacent agricultural and other properties.
Fencing has not been proposed for this project. Prior to house construction, fencing should be
constructed around the perimeter of this site.
Chapter VI, Goal II, Objective A, Action 5 - Require pedestrian access connectors in all new development
to link subdivisions together to promote neighborhood connectivity as part of a community pathway
system.
The applicant is proposing a pedestrian connection to the school site to the north.
Chapter VII, Goal IV, Objective C, Action 6 - Require pedestrian access in all new development to link
subdivisions together and promote neighborhood connectivity.
Reserve Subdivision Revised) AZ-O5-050, PP-O5-051
PAGE 7
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
See above.
Chapter VII, Goal IV, Objective D, Action 2 - Restrict curb cuts and access points on collectors and
arterial streets.
One public street access to Locust Grove Road is proposed; direct lot access to Locust Grove Road
should be prohibited.
Chapter VII, Goal IV, Objective C, Action 1 - Protect existing residential properties from incompatible
land use development on adjacent parcels.
The applicant is proposing a residential zone. The existing residential properties to the south, east and
west and the school to the north are compatible with the proposed development.
Chapter VII, Goal IV, Objective C, Action 10 - 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.
The subject application includes a request for the R-4 zone. Saguaro Canyon Subdivision obtained an R-4
zone; Arcadia Subdivision obtained an R-8 zone; and Westborough Subdivision obtained R-2, R-4, R-15
and L-O Zoning. The requested zoning designation contributes to the variety of residential zoning
categories in this area and is consistent with the Comprehensive Plan designationfor this site.
9. UNIFIED DEVELOPMENT CODE
a. Zoning Schedule of Use Control: Meridian City Code 11-2A-2lists single-family detached
dwellings as pennitted uses in the R-4 zoning district.
b. Purpose Statement of Zone:
R-4 Medium Low-Density Residential: The purpose ofthe residential districts is to
provide for a range of housing opportunities consistent with the Meridian Comprehensive
Plan. Connection to the City of Meridian water and sewer systems is a requirement for all
residential districts, Residential districts are distinguished by the allowable density of
dwelling units per acre and corresponding housing types that can be accommodated
within the density range.
c. General Standards: The overall design of the proposed subdivision generally conforms to the
standards listed in Title 11 of Meridian City Code.
10. ANALYSIS
a. Analysis of Facts Leading to Recommendation
1. AZ Application: The Future Land Use Map designates this property 'medium density
residential.' Without applying for a Comprehensive Plan Map Amendment, the
Comprehensive Plan allows a one step change in density for residential areas. Staff
finds that the proposed zoning designation, R-4, and density, 2.4 dwellings per acre,
could be harmonious with and in accordance with the 2002 Comprehensive Plan and
Future Land Use Map lithe Commission and Council allow the applicant to take one
step-down in density for this project.
Further, a street connection to Jericho Road from Locust Grove Road is important in
this location. The Commission and Council should evaluate whether allowin!! the
subject annexation. without the adjacent 5 acre parcel. is in the best interest ofthe
ReselVe Subdivision Revised3 AZ-OS-OSO, PP-O5-0S1
PAGE 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
Citv.
2. PP Application:
Special Considerations:
Open Space: The applicant has stated that the subdivision contains 11.8% of
landscaped open space, meeting the 5% minimum required by Ordinance. The
majority of this landscaping is passive in nature and provided in the proposed
parkways between the detached sidewalks and the streets, and within landscape
medians in the middle of the streets. The applicant has not proposed any large
landscaped common lots for active use by the residents, and none are required by
code.
Temporary Vehicular Turnaround: The applicant is proposing a temporary turnaround
easement for Commander Street. The turnaround is within Lot 2, Block 3. The Fire
Department and Sanitary Services Company have concerns with vehicles parking
within this turnaround easement and cars parking along Commander Street, restricting
the ability of vehicles to turn around.
Drivewavs for Lots 5 and 7. Block L Lot 1. Block 3: and Lot 5. Block 2: The
applicant is proposing a roundabout at the intersection of Commander Street and Sun
Shimmer Avenue. The Ada County Highway District does not allow driveways to be
constructed adjacent to traffic circles or roundabouts. The applicant should restrict the
driveways for Lots 5 and 7 of Block 1 and Lot 1 of Block 3 and Lot 5 of Block 2 from
being constructed adjacent to the traffic circle. A note will be required on the final plat
stating this access restriction.
Fencin~: The applicant is not showing any fencing on any of the submitted plans.
UDC 11-3A- 7 A 7a requires developers to construct fencing adjacent to micro-paths, to
distinguish common from private areas. Fencing adjacent to micro-paths is restricted
to either a 6-foot open vision or 4-foot solid (UDC 11-3A-7A-7b).
Further, the Police Department has concerns with visibility into the school site to the
north. Any fencing next to the school district property shall either be open-vision or
shall not exceed four feet in heÜ!ht if solid fencing is used (see comments from the
Police DeDartment in Exhibit B below).
The applicant should clarify. at the public hearing. how perimeter and micro-path
fencing is going to be constructed in and around this development. At the January
19. 2006. public hearim! the applicant volunteered to construct a 6-foot tall chain-
link fence alon!! the north property line: a 6-foot tall cedar fence around the rest
of the perimeter: and. to construct fendo!! adjacent to the micro-path that
complies with the UDC.
Existin2 Residences/Buildings: The site currently contains multiple buildings. These
buildings are not shown on the preliminary plat, as required. The applicant should
modify the submitted preliminary plat by depicting all existing structures. If the
existing home does not meet the building setback requirements of the R-4 zone, it
should be removed prior to signature of a final plat by the City Engineer,
11. EXHIBITS
A Drawings
1. Preliminary Plat (dated: October 7, 2005)
Reserve Subdivision Revised3 AZ-O5-050, PP-O5-051
PAGE 9
~
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
2. Landscape Plan (dated: January 10,2005)
B. Conditions of Approval
1. Planning Department
2. Public Works Department
3. Fire Department
4. Police Department
5. Parks Department
6. Sanitary Service Company
7. Ada County Highway District
C. Legal Description
D. Required Findings from Unified Development Code
Reserve Subdivision Revised3 AZ-O5-050, PP-O5-051
PAGE 10
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
A. Drawings
1. Preliminary Plat (dated: October 7, 2005)
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFf REPORT FOR THE HEARfNG DATE OF FEBRUARY 28,2006
2. Landscape Plan (dated: January 10,2005)
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-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
B. Conditions of Approval
1. Planning Department
1.1 SITE SPECIFIC REQUIREMENTS-PRELIMINARY PLAT (PP-05-051)
1.1.1
1.1.2
1.1.3
1.1.4
1.1.5
The preliminary plat labeled as P-1.0, prepared by Roylance and Associates, dated October 7,
2005 is approved, with the conditions listed herein. All comments and conditions of the
accompanying Annexation and Zoning (AZ-05-050) application shall also be considered
conditions of the Preliminary Plat (PP-05-051).
Place a note on the face of the [mal plat stating that driveways for Lots 5 and 7, Block 1, and Lot
1, Block 3, and Lot 5, Block 2, are prohibited from being constructed adjacent to the traffic circle
at the intersection of Commander Street and Sun Shimmer Avenue.
The landscape plan prepared by Good Earth Landscape, on 1~1O-05, labeled Sheet Ll.1 is
approved with the following modifications/notes:
. Per UDC 11-3G~3A, set aside 11.6% (0.58 acres) of the site for useab1e open
space, as proposed.
. Provide a micro pathway to the school site to the north, as proposed. Per UDC
11-3B-12C, construct a 5-foot wide landscape strip on both sides of a micro
pathway with at least 1 deciduous tree being planted every 35 linear feet on
both sides of the pathway.
. Per UDC 11-3G~3E 1, install at least one deciduous shade tree per every 8,000
square feet of common open space area, and install lawn, either seed or sod.
. Per UDC 11-3B-1O, the applicant shall work with the City Arborist, Elroy
Huff, on designing, adopting, and implementing a protection and mitigation
plan for the existing trees on site. Submit a copy of said plan, if required by
the Parks Department, with the [mal plat application.
. A written certificate of completion shall be prepared by the landscape
architect, designer, or qualified nurseryman responsible for the landscape plan
and submitted prior to occupancy of any buildings. All standards of
installation shall apply as listed in UDC 11-3B-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. The proceeding
modifications and notes should be shown on a revised landscape plan
submitted with the final plat application(s).
Prior to signature of the final plat by the City Engineer, any building that spans across proposed
lot lines, or does not meet the setback requirements of the R-4 zone shall be removed from this
site or relocated in compliance with City Code.
Construct fencing that complies with the UDC adjacent to the micro-pathway to the school site
to the north. Construct a 6-foot tall chain-link fence alone the north Dropertv line. Construct
a 6-foot wood fence alone: the east. west and south sides of the propertv. A detailed fencing
plan shall be submitted upon application of the [mal plat. If pennanent perimeter fencing is not
provided before issuance of a building permit, temporary construction fencing to contain debris
must be installed around the perimeter. Perimeter, common open space, and micro-path fencing
shall be designed according to UDC 11-3A-7. Fencing adjacent to Lot 6, Block 1, shall be
Exhibit B - Page 1
1.1.9
1.2
1.2.1
1.2.2
1.2.3
1.2.4
1.2.5
1.2.6
-
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
restricted to either 4-foot solid or 6-foot open vision. All fencing on the north side of Block 1
(next to the school district property) shall either be open-vision or shall not exceed four feet in
height if solid fencing is used. The asslieaat shm.Üd darify. at the aablie àearine. hm\' perimeter
aHa ffi.ief8 fJatà [Meine is ¡WiRe to he eonstruetøà ia aaà arO1:ll1d thi~ àeveloPffi.Øflt.
1.1.6
Maintenance of all common areas shall be the responsibility of the Reserve Subdivision Home
Owners' Association.
1.1.7
Per UDC 11.3A-6 all ilTigation ditches, laterals or canals, exclusive of natural waterways, and
waterways being used as amenities, that intersect, cross or lie within the area being subdivided
shall be covered. Plans will need to be approved by the appropriate irrigation/drainage district, or
lateral users association (ditch owners), with written approval or non-approval submitted to the
Public Works Department. If lateral users association approval can not be obtained, alternate
plans will be reviewed and approved by the City Engineer prior to final plat signature.
1.1.8
On the face of the final plat, place a temporary turnaround easement for Commander Street, west
of Sun Shimmer Avenue, on Lot 2, Block 3. The face of the garage on Lot 2, Block 3, shall be
located at least 20-feet south of the southern edge of the temporary turnaround easement. Install
No Parking Signs on both sides of Commander Street adjacent to Lot 2, Block 3 and Lot 8, Block
1. Install a No Parking in Driveway Sign near the terminus of the temporary turnaround.
Coordinate the design of the temporary turnaround and No Parking Signs with the Meridian Fire
Department (888-1234).
Underground, pressurized irrigation must be provided to all lots within this development.
GENERAL REQUIREMENTS~PRELIMINARY PLAT (PP-O5-05l)
A detailed landscape plan, in compliance with the landscape and subdivision ordinance and as
noted in this report, shall be submitted for the subdivision with the final plat application(s).
Sidewalks shall be installed within the subdivision and on the perimeter of the subdivision
pursuant to UDC ll-3A-17.
All areas approved as open space shall be free of wet ponds or other such nuisances. All
stormwater detention facilities incorporated into the approved open space are subject to UDC 11-
3A-18 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 UDC ll-3B,
Where the applicant has submitted a preliminary landscape plan and where staff has reviewed
such plan, the landscaping shall be consistent with the preliminary plan with modifications as
proposed by staff. If the stormwater detention facility cannot be incorporated into the approved
open space and still meet the standards of UDC ll-3A-18, 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.
Coordinate fire hydrant placement with the City of Meridian Public Works Department.
Staffs failure to cite specific ordinance provisions or terms of the approved annexation and
conditional use does not relieve the applicant of responsibility for compliance,
Preliminary plat approval shall be subj ect to the expiration provisions set forth in UDC 11-6B- 7.
Exhibit B - Page 2
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
2. Public Works Department
2.1
Sanitary sewer service to this site is being proposed via extension of mains located in N. Locust
Grove. The applicant shall install mains to and through this development. Applicant shall
coordinate main size and routing with the Public Works Department, and execute standard founs
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 confounance of City of Meridian Public Works Departments Standard
Specifications.
Water service to this site is being proposed via extension of mains in N. Locust Grove
Subdivision. The applicant shall be responsible to install water mains to and through this
development, coordinate main size and routing with Public Works.
2.2
2.3
Provide a 20-foot easement for all public water/sewer mains outside of public right of way
(include all water services and hydrants). Submit an executed easement (supplied by Public
Works), a legal description, which must include the area ofthe easement (marked EXHIBIT A)
and an 8112" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both
exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD.
An all weather access road built to City of Meridian standard specifications shall be built for
operation and maintenance of the off-site water being proposed.
No manholes or water valves shall be allowed in the landscape island associated with the
roundabout. If mains are to be routed under the landscape island, no trees shall be allowed in it.
The applicant has indicated Settlers Irrigation will own and operate the pressure irrigation system
in this proposed development, 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 (UDC 11~3B-6). 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.
Dedicate additional width to the Public Utilities, Drainage, and lITigation easement along all
streets. There needs to be lO-feet of free and clear easement beyond the three and one half~feet of
sidewalk that encroaches out ofthe right-of-way.
All existing structures not meeting setbacks shall be removed prior to signature on the final plat
by the City Engineer.
If any of the existing houses are to remain as part of this development, the applicant shall be
responsible for the payment of assessments and the actual hook~up to City of Meridian services,
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 ilTigation.
Street signs are to be in place, water system shall be approved and activated, fencing installed,
2.4
Exhibit B - Page 3
2.16
2,17
2.18
2.19
2.20
2.21
2.22
2.23
2.24
3.1
3.2
3.3
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
2.14
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 iITigation, sanitary sewer, water, etc., prior to
signature on the final plat.
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,
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 I-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 fIfe 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.
2.15
3. Fire Department
One and two family dwellings will require a fire-flow of 1,000 gallons per minute available for
duration of 2 hours to service the entire project. Fire hydrants shall be placed an average of 500 feet
apart. Intemational Fire Code Appendix C,
Acceptance of the water supply for fIfe protection will be by the Meridian Fire Department and
water quality by the Meridian Water Department for bacteria testing.
Final Approval of the fIfe hydrant locations shall be by the Meridian Fire Department.
a. Fire Hydrants shall have the 4 y¡" 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 specifications.
d. Fire Hydrants shall be placed on comers when spacing permits.
Exhibit B - Page 4
3.9
3.10
3.11
4,1
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28, 2006
e.
f.
g.
h.
Fire hydrants shall not have any vertical obstructions to outlets within 10'.
Fire hydrants shall be place 18" above finish grade.
Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5.
Show all proposed or existing hydrants for all new construction or additions to existing
buildings within 1,000 feet ofthe project.
3.4
All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside
radius.
3.5
No obstructions shall be allowed within the temporary turnaround easement for Commander
Street, on Lot 2, Block 3. All roadways shall be marked in accordance with Appendix D Section
D1O3.6 Signs.
3.6
Operational fIre hydrants, temporary or pennanent street signs and access roads with an all
weather surface are required before combustible construction is brought on site.
3.7
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. The roadway shall be
able to acconunodate an imposed load of 75,000 GVW.
3.8
The proposed 12 lot subdivision with an estimated 2.9 residents per household would have a total
estimated population of 35 residents at build out.
Where a portion of the facility or building hereafter constructed or moved into or within the
jurisdiction is more than 400 feet (122 m) ITom a hydrant on a fIre apparatus access road, as
measured by an approved route around the exterior of the facility or building, on-site fire hydrants
and mains shall be provided where required by the code official. For buildings equipped throughout
with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or
903.3.1.2 the distance requirement shall be 600 feet (183).
a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183
m).
b. For buildings equipped throughout with an approved automatic sprinkler system installed in
accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet
(183 m).
Emergency response routes and fIre lanes shall not be allowed to have speed bumps.
Provide sie:naæ "No Parkin!! Fire Lane" adjacent to Lots 1. and 5-8. Block 1. Lots 1 and 5 (alonl!
Commander Street), Block 2 and Lots 1 (alon!! Commander Street) and 2. Block 3.
4. Police Department
Any fencing: next to the school district propertv shall either be open-vision or shall not exceed
four feet in heil!ht if solid fencing: is used.
5. Parks Department
Exhibit B - Page 5
7.1.1
7.1.2
7.1.3
7.1.4
7.1.5
7.1.6
CITY Of MERJDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
5.1
Standard for Mitigation of trees: The standard established in the City of Meridian Landscape
Ordinance will be followed.
5.2
Standard Plan for Protection of Existing Trees during Construction: The standard established in
the City of Meridian Landscape Ordinance will be followed.
6. Sanitary Service Company
6.1
No parkinlZ in turnaround for Commander Street. or across Commander Street. adjacent to Lot 8.
Block 1.
7. Ada County Highway District
Site Specific Conditions of Approval
The applicant shall do one of the following:
a. Dedicate by donation a total of 35-feet of right-of-way along Locust Grove Road, and construct
a minimum 5-foot wide concrete sidewalk along Locust Grove Road, located 2-feet within the
new right-of-way.
b. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Locust Grove Road, located a minimum of 28-feet ITom the centerline of the
right-of-way, in an easement provided to the District.
c. Do not dedicate additional right-of-way, but construct a minimum 5-foot wide concrete
sidewalk along Locust Grove Road, located at the back edge of the existing right-of-way.
Accomplish all necessary adjustments to properly accommodate existing drainage and utilities.
Construct the new internal local street as a 33-foot street section with rolled curb, gutter, 8-foot
landscape strips, and 4-foot detached concrete sidewalks, as proposed. Provide the District with
an easement for the sidewalk that is proposed to be located outside of the right-of-way. Provide
written approval ITom the fire department for the reduced street section.
Construct Commander Street to intersect Locust Grove Road approximately DO-feet north of the
south property line as proposed.
Construct Commander Street as a stub street to the west property line, located D8-feet north of
the south property line, as proposed. Install a sign at the tenninus of the street stating, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE,"
Construct a stub street to the south property line (North Sun Shimmer Avenue), located 380-feet
west of Locust Grove. Install a sign at the terminus of the street stating, "THIS ROAD WilL BE
EXTENDED IN THE FUTURE."
Coordinate the design of the proposed traffic circle with District Traffic Services staff and
provide written approval ITom the Meridian Fire Department. Restrict the driveway for Lots 5
and 7 of Block I and Lot I of Block 3 and Lot 5 of Block 2 from being constructed adjacent to
the traffic circle. A note stating the access restrictions for these lots will be required on the final
plat stating this access restriction.
Exhibit B - Page 6
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
7.1.7
7.1.8
7.2.1
7.2.2
7.2.3
7.2.4
7.2.5
7.2.6
7.2.7
7.2.8
7.2.9
Other than the access points that have specifically been approved with this application, direct lot
access to Locust Grove Road is prohibited and shall be noted on the final plat.
Comply with all Standard Conditions of Approval.
Standard Conditions ofAvvroval
Any existing irrigation facilities shall be relocated outside of the right~of-way.
Private sewer or water systems are prohibited from being located within any ACHD roadway or
right-of~way.
All utility relocation costs associated with improving street frontages abutting the site shall be
borne by the developer.
Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the
construction ofthe proposed development. Contact Construction Services at 387-6280 (with file
number) for details.
Comply with the District's Tree Planter Width futerim Policy,
Utility street cuts in pavement less than five years old are not allowed urness approved in writing
by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for
details.
All design and construction shall be in accordance with the Ada County Highway District Policy
Manual, ISPWC Standards and approved supplements, Construction Services procedures and all
applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the
State of Idaho shall prepare and certify all improvement plans.
The applicant shall submit revised plans for staff approval, prior to issuance of building pennit
(or other required pennits), which incorporates any required design changes.
Construction, use and property development shall be in confonnance with all applicable
requirements ofthe Ada County Highway District prior to District approval for occupancy.
7.2.10 Payment of applicable road impact fees are required prior to building construction in accordance
with Ordinance #200, also known as Ada County Highway District Road hnpact Fee Ordinance,
7.2.11
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.
7.2.12 No change in the tenus and conditions of this approval shall be valid unless they are in writing
and signed by the applicant or the applicant's authorized representative and an authorized
representative of the Ada County Highway District. The burden shall be upon the applicant to
obtain written confmnation of any change from the Ada County Highway District.
Exhibit B - Page 7
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF FEBRUARY 28,2006
7.2.13
Any change by the applicant in the planned use of the property which is the subject of this
application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or
other regulatory and legal restrictions in force at the time the applicant or its successors in interest
advises the Highway District of its intent to change the planned use of the subj ect property unless
a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect
at the time the change in use is sought.
Exhibit B - Page 8
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
c.
Legal Description
Roylance & Associates P.A.
391 w. Slate slr88( Suite E, EagJe, IdaOO 83616' ,
tôngineers '8 Surveyors. Landplanners
TelÏÌphone (208f~.282~ Fax (208f939,2B55
September 14.2flO;'i
Project No. 2586
Legal Description
CS Development. 1..1C
Annexation Area
5.00 Acre-s
A tract of]and for annexation purposes located in the Southeast One Quarter of the Nonhcasl 011e Quarter
of Section 30, Township 4 North, Range 1 East. Boise Mmdian, Ada County, Idaho. described as t()J\ow~:
Commencing at a found bnlss cap moimmenLing the l'Oortheast Comer of said Section 30, thence foJJowing the
easterly line of said Section 30, South 00"37'59" West a distance of 1328.39 feet to the POINT OF
BEGINNING.
Thence foUowing said ea.~tecly line South 00°37'59" West II diatançe of 3~ 1.9M feet to a point;
1Î'IeI1<;C 1e.aving saidea/ltt'..rly line North 89°49'43" Wem,3 distance 0(655.% feetfo Ii point;
Thence North ooo38'OO"East a distance of 332, ] 0 feet to a point;
"Thence South 89°49'06" bst a distance of 655-96 feet to the POINT OF BEC,INNlNG,
The alxrlle..described tract of land c.onlains 5.00 ac~s, more Of Jei>£, ;subject to aU existing ensemems and righr.s-
of-way.
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ROYlANCE & AS.sOCTATF~<) P.A.
391 W. STATE STREET, SUCrE E
EAGLE, IDAHO 83616
208,939-2824
208-939.2855 (FAX)
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Exhibit C ~ Page 1
EAST 1/16 CORNER NORTHEAST CORNER
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' h~,=~ ATION AREA 391 '/I SlotIO Strul Suite E E.O9!e Idaho 83616 (OI/lJR
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CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17, 2005
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full
investigation and shall, at the public hearing, review the application. In order to
grant an annexation and/or rezone, the Council shall make the following findings:
1. The map amendment complies with the applicable provisions of the
comprehensive plan;
2.
The applicant is proposing to zone all of the subject property to R-4. The Council
finds that the proposed zoning map amendment complies with the applicable
provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies
and Goals, Section 8, ofthe Staff Report.
The map amendment complies with the regulations outlined for the
proposed district, specifically the purpose statement;
The Council finds that the proposed zoning map amendment complies with the
established regulations and pWþose statement of the R-4 zone.
3.
The map amendment shall not be materially detrimental to the public
health, safety, and welfare;
The Council finds that the proposed zoning map amendment will not be
detrimental to the public health, safety, or welfare. The Council relies on any oral
or written testimony that may be provided when detennining this rIDding.
The map amendment shall not result in an adverse impact upon the delivery
of services by any political subdivision providing public services within the
City including, but not limited to, school districts; and,
The Council fmds that the proposed zoning map amendment will not result in
any adverse impact upon the delivery of services by any political subdivision
providing services to this site.
The annexation is in the best of interest of the City (UDC 11-5B-3.E).
For the reasons listed in the StaffReoort for the hearing date of Februarv 28.
2006 and the Annexation Findings above. the Citv Council finds that the
proposed alUlexation is in the best interest of the City.
4.
5.
2. Preliminary Plat Findings:
In consideration of a preliminary plat, combined preliminary and final plat, or
short plat, the decision-making body shall make the following findings:
A. The plat is in conformance with the Comprehensive Plan;
Please see Comprehensive Plan Policies and Goals, Section 8, of the Staff Report
and Annexation Finding #1 above.
Public services are available or can be made available and are adequate to
accommodate the proposed development;
Exhibit D - Page 1
B.
';
CITY OF MERIDIAN PLANNING DEPARTMENT STAFF REPORT FOR THE HEARING DATE OF NOVEMBER 17.2005
Exhibit D - Page 2
C.
Based on the comments received from the agencies and departments providing
selVice to this property, the Council finds that all services are available or can be
made available for the proposed development.
The plat is in conformance with scheduled public improvements in accord
with the City's capital improvement program;
There are currently no roadways, bridges or intersections in the general vicinity
ofthe project that are currently in the ACHD's Five Year Work Program or
Capital Improvements Plan. There are no City of Meridian projects for sewer or
water trunks planned for this area. All sewer and water extensions are planned to
be developer driven on this property. The Council finds that the submitted
preliminary plat is in general conformance with the scheduled public
improvements and the City's capital improvement program.
There is public financial capability of supporting services for the proposed
development;
If approved, the developer will be financing the extension of sewer, water, local
street infrastructure, utilities and irrigation selVices to serve the project. The
primary public costs to selVe the future residents will be fire, police and school
facilities and selVices. The Council finds there will not be excessive additional
requirements at public cost, and that the public is financially capable of
supporting selVices for the proposed development.
D.
E.
The development will not be detrimental to the public health, safety or
general welfare; and
The Council recognizes the fact that traffic and noise will increase with the
approval of this subdivision; however, the Council does not believe that the
amount generated will be detrimental to the general welfare of the public. 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 does not anticipate the
proposed development will be detrimental to the public health, safety or general
welfare.
F.
The development preserves significant natural, scenic or historic features.
The Council is not aware of any significant natural, scenic or historic features
associated with the development of this site.